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U.S. v. WATSON

No. 13-30084.

792 F.3d 1174 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Bill Tyrone James De WATSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2015.

Attorney(s) appearing for the Case

Elizabeth L. Griffing , Axilon Law Group, PLLC, Missoula, MT; Wendy Holton , Helena, MT; Brendan McQuillan , Montana Innocence Project, Missoula, MT, for Defendant-Appellant.

Michael Cotter , United States Attorney, and Laura B. Weiss , Assistant United States Attorney, Great Falls, MT, for Plaintiff-Appellee.

Colin M. Stephens (briefed), The Innocence Network, Missoula, MT, for Amicus Curiae The Innocence Network.

Before: DIARMUID F. O'SCANNLAIN, ANDREW J. KLEINFELD, and MARSHA S. BERZON, Circuit Judges.

OPINION

We address whether new DNA tests that make previously useless DNA capable of identification amount to "newly discovered DNA evidence" under the Innocence Protection Act.

Facts

Bill Watson was indicted for knowingly attempting to engage in a sexual act with a person physically unable...

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