Jose Tamayo-Reyes v. J.C. Keeney

The mandate of the United States Supreme Court, certified on June 5, 1992, in Keeney, Superintendent, Oregon State Penitentiary v. Tamayo-Reyes, - U.S. -, 112 S.Ct. 1715, 118 L.Ed.2d 318, reversed the judgment of this court reported at 926 F.2d 1492 (9th Cir.1991). Accordingly, we remand this case to the district court for further proceedings consistent with the opinion of the Supreme Court. The district court shall determine whether Tamayo-Reyes can show (1) cause for his failure to develop the facts in state-court proceedings and (2) actual prejudice. If he can make such a showing, he is…