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Ortega v. Roe, No. 97-17232 (9th Cir.) (160 F.3d 534) (November 2, 1998) (Judge Robert R. Beezer)

The Court held that its previous decision, U.S. v. Stearns, 68 F.3d 328 (9th Cir. 1995), did not express a "new rule" of law which barred retroactive application on this appeal, and then held that counsel had been ineffective in not filing an appeal.

 

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