Opinion for the Court by Judge JON 0. NEWMAN, in which Chief Judge WINTER and Judges KEARSE, MINER, McLaughlin, leval, calabresi, and JOSÉ A. CABRANES join; opinion by Judge WALKER, in which Judge JACOBS joins, concurring in the judgment, but declining to reach the merits because of Teague v. Lane, 489 U.S. 288</…
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