UNITED STATES COURT OF APPEALS
FOR THE DC CIRCUIT


CROWELL, ANTHONY

v.

WALSH, EDWARD


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No. 96-7192c

August 07, 1998

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Before: Wald, Williams and Tatel, Circuit Judges.

O R D E R

It is ORDERED by the Court that the opinion of July 24, 1998 be amended as follows:

Page 4, end of first full paragraph, after "cases)." insert a footnote 1 as follows:

1. Earlier this month the Supreme Court held that it had certiorari jurisdiction over the Eighth Circuit's denial of a certificate of appealability in a  2255 case filed by a federal prisoner before passage of the AEDPA but appealed thereafter. Hohn v. United States, 118 S. Ct. 1969 (1998). Although the petitioner in that case argued that the certificate of appealability requirement should not apply to such cases, see Brief for Petitioner at 40-44, Hohn v. United States, 118 S. Ct. 1969 (1998), the Court's opinion did not address the question. We therefore treat Lindh as the Court's last word on the subject.

FOR THE COURT: Mark J. Langer, Clerk

Filed on: August 3, 1998




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