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GARCIA v. U.S.

No. 17-71759.

923 F.3d 1242 (2019)

Fernando Ponce GARCIA, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 16, 2019.

Attorney(s) appearing for the Case

Elizabeth Richardson-Rover (argued), San Francisco, California, for Petitioner.

Laurel J. Montoya (argued), Assistant United States Attorney; Camil A. Skipper , Appellate Chief; McGregor Scott , United States Attorney; United States Attorney's Office, Fresno, California; for Respondent.

Before: MICHAEL DALY HAWKINS and MILAN D. SMITH, JR., Circuit Judges, and BARBARA M. G. LYNN, District Judge.

OPINION

In this case of first impression for our circuit, we decide whether the Supreme Court's decision in Dean v. United States, ___ U.S. ___, 137 S.Ct. 1170, 197 L.Ed.2d 490 (2017), announced a new rule of constitutional law that the Court has made retroactively applicable...

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