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ORTEGA v. ROE

No. 97-17232.

160 F.3d 534 (1998)

Lucio Flores ORTEGA, Petitioner-Appellant, v. Ernest C. ROE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 2, 1998.

Attorney(s) appearing for the Case

Ann H. Voris, Assistant Federal Defender, Fresno, CA, for petitioner-appellant.

Paul E. O'Connor, Deputy Attorney General, Sacramento, CA, for respondent-appellee.

Before: BEEZER, HALL and RYMER, Circuit Judges.

BEEZER, Circuit Judge:

Lucio Flores Ortega appeals the denial of his petition for habeas corpus. We address the question whether our opinion in United States v. Stearns, 68 F.3d 328 (9th Cir.1995), expressed a new rule barred from application in the present matter by Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989). We hold that Stearns did not express a new...

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