United States v. Maureen Chan

I concur in Judge Nelson’s njajority opinion that our prior decision in United States v. Kwan, 407 F.3d 1005 (9th Cir.2005), did not create a new rule under Teague. For reasons Judge Nelson explains, the duty under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 .(1984), not to make affirmative misrepresentations (whatever their subject matter) is not “new.” But in my view, we should reverse the district court for an independent reason, one that I find even more compelling than applying Teag-ue: We granted coram nobis relief in Kwan, and Chan’s coram nobis petition is…