Posted by Eugene Volokh:
Judge Reinhardt Admonishes Appellate Lawyers:
http://volokh.com/archives/archive_2009_02_08-2009_02_14.shtml#1234297705


   An [1]interesting case just decided today, in which it seems that the
   lawyers would have been wise not to appeal an erroneous district court
   decision -- and in which the lawyers' apparent error risked costing
   the clients many years in jail (though a Supreme Court case decided
   after the appeal was filed ended up precluding that result). I should
   note that I have not investigated the matter myself; but I'm inclined
   to trust Judge Reinhardt's analysis.

References

   1. http://www.ca9.uscourts.gov/datastore/opinions/2009/02/10/0710368.pdf

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