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U.S. v. GALLOWAY

No. 93-4169.

56 F.3d 1239 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. George Don GALLOWAY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 26, 1995.

Attorney(s) appearing for the Case

Tena Campbell, Asst. U.S. Atty. (Scott M. Matheson, Jr., U.S. Atty., with her on the brief), Salt Lake City, UT, for plaintiff-appellee.

Jill M. Wichlens, Asst. Federal Public Defender, Dist. of Colorado and Wyoming, Denver, CO, for defendant-appellant.

Before SEYMOUR, Chief Judge, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, KELLY, and HENRY, Circuit Judges.

ON REHEARING IN BANC

STEPHEN H. ANDERSON, Circuit Judge.

We granted in banc review in this case in part to review procedures in this circuit for asserting constitutionally ineffective assistance of counsel claims. In this context we must decide whether an ineffectiveness claim supported by new grounds is procedurally barred in a petitioner's first collateral proceeding under 28 U.S.C. § 2255, when the issue of ineffectiveness has already been raised...

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