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IN RE DORSAINVIL

No. 96-8074.

119 F.3d 245 (1997)

In re Ocsulis DORSAINVIL, Petitioner.

United States Court of Appeals, Third Circuit.

Decided July 23, 1997.

As Amended August 15, 1997.

Attorney(s) appearing for the Case

James D. Crawford (Argued), Wendy Beetlestone, Joseph T. Lukens, Schnader Harrison Segal & Lewis, Philadelphia, PA, for Petitioner.

Elizabeth D. Collery (Argued), United States Department of Justice, Appellate Section, Criminal Division, Washington, DC, David M. Barasch, United States Attorney, Middle District of Pennsylvania, Dennis C. Pfannenschmidt, Assistant United States Attorney, Middle District of Pennsylvania, for Respondent.

Before: SLOVITER, Chief Judge, STAPLETON and COWEN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Chief Judge.

Ocsulis Dorsainvil has filed a motion pursuant to 28 U.S.C. §§ 2255 and 2244(b)(3)(A), as amended by the Antiterrorism and Effective Death Penalty Act, seeking certification to file a second § 2255 motion to vacate, set aside, or correct his sentence. After Dorsainvil's first petition was denied on the merits, the Supreme Court issued its opinion in Bailey v. United States, ___ U.S. ___, 116...

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