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Jul. 16, 2018

9th Circuit: commutation of sentence by president not ‘new sentence’ for purposes of conviction challenge

A California prisoner entering his third decade of incarceration cannot proceed with an ineffective assistance of counsel challenge to his sentence, despite his hope that a commutation from President Barack Obama gave him legal footing to do so.

9th Circuit: commutation of sentence by president not ‘new sentence’ for purposes of conviction challenge
FLETCHER

A California prisoner entering his third decade of incarceration cannot proceed with an ineffective assistance of counsel challenge to his sentence, despite his hope that a commutation from President Barack Obama gave him legal footing to do so.

On Friday, a three-judge panel of the 9th U.S. Circuit Court of Appeals said Jose Luis Buenrostro -- currently in prison for conspiracy to manufacture methamphetamine -- cannot go forward wi...

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