Alfredo Prieto v. David Zook

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge SHEDD and Judge DIAZ joined.

DIANA GRIBBON MOTZ, Circuit Judge:

Alfredo Rolando Prieto appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He contends that the Eighth Amendment prohibition on the execution of intellectually disabled persons, as set forth in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), and Hall v. Florida, — U.S. -, 134 S.Ct. 1986, 188 L.Ed.2d 1007 (2014), renders his two death sentences unconstitutional. We affirm.

I

In…