Page:United States Statutes at Large Volume 90 Part 1.djvu/1385

 PUBLIC LAW 94-426—SEPT. 28, 1976

90 STAT. 1335

(6) Rule 8(c) of the rules governing section 2255 proceedings is 28 USC app. amended by adding at the end the following: "These rules do not limit the appointment of counsel under 18 U.S.C. § 3006A at any stage of the proceeding if the interest of justice so requires.". (7) Eule 9(a) of the rules governing section 2254 cases is amended by striking out the second and third sentences. (8) Rule 9(b) is amended by striking out "is not excusable" and inserting in lieu thereof "constituted an abuse of the writ". (9) Rule 9(a) of the rules governing section 2255 proceedings is amended by striking out the final sentence. (10) Rule 9(b) of the rules governing section 2255 proceedings is amended by striking out "is not excusable" and inserting in lieu thereof "constituted an abuse of the procedure governed by these rules". (11) Rule 10 of the rules governing section 2254 cases is amended by inserting ", and to the extent the district court has established standards and criteria for the performance of such duties" immediately after "rule of the district court". (12) Rule 10 of the rules governing section 2255 proceedings is amended by inserting ", and to the extent the district court has established standards and criteria for the performance of such duties," immediately after "rule of the district court". Approved September 28, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1471 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 14, considered and passed House. Sept. 16, considered and passed Senate.

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