Court of Appeals for the Ninth Circuit May 30, 2014, 10-56845 (David Unruh v. Rick Hall, Warden)

MEMORANDUM *

There’s no dispute that Unruh suffered a constitutional violation when he was giv*658en an enhanced sentence based on aggravating facts found by a judge, not a jury. See generally Cunningham v. California, 549 U.S. 270, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007).