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U.S. v. SHAID

No. 88-2716.

937 F.2d 228 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Orrin SHAID, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 5, 1991.

Attorney(s) appearing for the Case

Mitchell Hatchell (court-appointed), Tyler, Tex., for defendant-appellant.

Dane Smith, Asst. U.S. Atty., Bob Wortham, U.S. Atty., Tyler, Tex., Kathleen A. Felton, Tom Booth, Attys., Dept. of Justice, Crim. Div., Washington, D.C., for plaintiff-appellee.

Before CLARK, Chief Judge, POLITZ, KING, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

KING, Circuit Judge:

We consider this case en banc in order to determine whether a federal prisoner who shows the possibility of prejudice as a result of erroneous jury instructions may obtain collateral relief under 28 U.S.C. § 2255 without demonstrating cause for his failure to raise the error at trial or on direct appeal. Because we find no exception to the Frady cause and prejudice standard that would allow us to grant collateral relief in this...

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