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LEWIS v. UNITED STATES

No. 19-56475.

985 F.3d 1153 (2021)

James R. LEWIS, Senior Airman (E-4), U.S. Airforce, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2021.

Attorney(s) appearing for the Case

Brian L. Mizer (argued) and Jarett Merk , Air Force Appellate Defense Division, United States Air Force, Joint Base Andrews, Maryland, for Petitioner-Appellant.

Hank D. Nguyen (argued), Litigation Attorney, Air Force Legal Operations Agency, Andrews Air Force Base, Maryland; Robert S. Brewer Jr. , United States Attorney; Katherine L. Parker , Chief, Civil Division; David B. Wallace , Assistant United States Attorney; United States Attorney's Office, San Diego, California; for Respondent-Appellee.

Before: Sidney R. Thomas, Chief Judge, Diarmuid F. O'Scannlain, Circuit Judge, and David A. Ezra, District Judge.

OPINION

We must decide whether a rule announced by the United States Court of Appeals for the Armed Forces applies retroactively to collateral attacks on court-martial convictions which became final prior to its announcement.

I

Senior Airman...

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