The following excerpt is from Sansing v. Ryan, 997 F.3d 1018 (9th Cir. 2021):
the evidence would have established if the case had proceeded to trial," but is "not a substitute for a trial, and there need only be evidence sufficient to support a contrary finding to show that the error was not harmless." United States v. Hunt , 656 F.3d 906, 913 (9th Cir. 2011).
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