In Re Dorsainvil
119 F.3D 245, 1997.C03.174
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Descrição da editora
Ocsulis Dorsainvil has filed a motion pursuant to 28 U.S.C. Section(s) 2255 and 2244(b)(3)(A), as amended by the Antiterrorism and Effective Death Penalty Act, seeking certification to file a second Section(s) 2255 motion to vacate, set aside, or correct his sentence. After Dorsainvilsfirst petition was denied on the merits, the Supreme Court issued its opinion in Bailey v. United States, 116 S.Ct. 501 (1995). Dorsainvil argues that Bailey renders his weapons conviction under 18 U.S.C. Section(s) 924(c)(1) invalid and asks that this court certify his second petition so that he may collaterally attack his Section(s) 924(c)(1) conviction in the district court.