United States Fifth Circuit

In petitioner's motion for an order authorizing the district court to consider a successive motion to vacate his federal death sentence, the motion is denied where there was no reason to believe that Congress intended the language "guilty of the offense" in 28 U.S.C. section 2255 to mean "eligible for a death sentence."

Appellate Information

• Decided 04/28/2010
• Published 04/28/2010

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, WIENER, and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Steven Joseph Wells, Dorsey & Whitney, L.L.P., Minneapolis, MN, for Webster.