United States Fifth Circuit

Because Bailey v. US, 516 US 137 (1995), is a substantive, non-constitutional decision concerning the reach of a federal statute, a second 28 USC 2255 claim based on that case will not lie, but a prisoner may still challenge the legality of a conviction under 28 USC 2241.

Appellate Information

• Decided 02/28/2001
• Published 02/28/2001

Judges

• KING, Chief Judge:, Before KING, Chief Judge, PARKER, Circuit Judge, and FURGESON, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mike J. DeGeurin,Foreman, DeGeurin, Nugent & Gerger, Houston, TX, for Petitioner-Appellant.


• For Appellees:
  
• William D. Baldwin, Asst. U.S. Atty., Tyler, TX, for Defendant-Appellee.