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.
- Decided 02/28/2001
- Published 02/28/2001
- KING, Chief Judge:, Before KING, Chief Judge, PARKER, Circuit Judge, and FURGESON, District Judge.
- United States Fifth Circuit
- 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.