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U.S. v. OROZCO

No. 96-50402.

103 F.3d 389 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Alfredo OROZCO, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 31, 1996.

Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Atty., Margaret Feuille Leachman, Office of U.S. Atty., San Antonio, TX, for U.S.

Jesus Alfredo Orozco, Jr., Anthony, NM, pro se.

Before BARKSDALE, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

We must determine, sua sponte, whether those provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) which govern appeal of a district court's final order in a 28 U.S.C. § 2255 proceeding apply to cases pending when AEDPA was enacted, but for which the final order and appeal occurred post-enactment; and if they do, whether, under AEDPA, we construe...

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