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TATE v. U.S.

No. 20-70785.

982 F.3d 1226 (2020)

Gerald Leslie TATE, Applicant, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 14, 2020.

Attorney(s) appearing for the Case

Rene L. Valladares , Federal Public Defender; Amy B. Cleary , Assistant Federal Public Defender; Benjamin F. J. Nemec , Attorney; Las Vegas, Nevada; for Applicant.

Nicholas A. Trutanich , United States Attorney; Elizabeth O. White , Appellate Chief; United States Attorney's Office, Reno, Nevada; for Respondent.

Before: Jacqueline H. Nguyen, Andrew D. Hurwitz, and Daniel A. Bress, Circuit Judges.

OPINION

Gerald Leslie Tate requests authorization to file a second or successive motion to vacate his conviction and sentence under 28 U.S.C. § 2255 based on the Supreme Court's decision in Rehaif v. United States, ___ U.S. ___, 139 S.Ct. 2191, 204 L.Ed.2d 594 (2019). We deny his application.

I.

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