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COLBERT v. HAYNES

No. 19-71246.

954 F.3d 1232 (2020)

Bobby Darrell COLBERT, Applicant, v. Ron HAYNES, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 30, 2020.

Attorney(s) appearing for the Case

Michael C. Karhs , Karhs Law Firm P.S., Seattle, Washington, for Applicant.

John J. Samson , Assistant Attorney General, Corrections Division; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; for Respondent.

Before: Sandra S. Ikuta, Ryan D. Nelson, and Danielle J. Hunsaker, Circuit Judges.

OPINION

The primary question in this case is whether removal of a victim-restitution condition from Bobby Darrell Colbert's Washington state sentencing judgment created a new judgment under Magwood v. Patterson, 561 U.S. 320, 130 S.Ct. 2788

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