United States Fifth Circuit

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REYES-REQUENA v. US, 99-41254

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.