DECISION AND ORDER
STADTMUELLER, Chief Judge.
I. INTRODUCTION
If wishes were horses, beggars might ride ... and, if the defendant's lawyers' assertions were fact, he might have a shot at winning his appeal — or so it would appear in the opinion of the circuit panel that heard this case.
But a simple reality check tells us that wishes are not horses, nor, in all instances, are lawyers' assertions fact. Thus begins the latest chapter...
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