Legal Opinion · Dissent

United States v. Maureen Chan

Court of Appeals for the Ninth Circuit

Decided July 9, 2015No. 14-55239Published

1DissentIkuta, Circuit Judge

As the Supreme Court made clear, “a case announces a new rule if the result was not dictated by precedent existing at the time the defendant’s conviction became final. And a holding is not so dictated ... unless it would have been apparent to all reasonable jurists.” Chaidez v. United States, — U.S. -, 133 S.Ct. 1103, 1107, 185 L.Ed.2d 149 (2013) (quoting Teague v. Lane, 489 U.S. 288, 301, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989) and Lambrix v. Singletary, 520 U.S. 518, 527-28, 117 S.Ct. 1517, 137 L.Ed.2d 771 (1997)) (internal quotation marks and citation omitted). Relying on our precedents and…

2Cases cited19 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Saffle v. ParksSupreme Court of the United States · 1990
  3. United States v. Ivania Maria Couto, Also Known as Sealed Dft 35Court of Appeals for the Second Circuit · 2002
  4. Douglas Fruchtman v. Frank Kenton, WardenCourt of Appeals for the Ninth Circuit · 1976
  5. United States v. Kwok Chee Kwan, AKA Jeff KwanCourt of Appeals for the Ninth Circuit · 2005

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