DENNY CHIN, Circuit Judge. I respectfully concur in part and dissent in part. I believe the district court correctly held that plaintiff-appellant Marcos Poventud’s claims were based on factual allegations that are inconsistent with his 2006 conviction for attempted robbery. I agree, however, that the judgment should be vacated and the ease remanded for further proceedings to the extent that Poventud’s claims do not imply…
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