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IN RE HANSERD

No. 96-8051.

123 F.3d 922 (1997)

In re Edward HANSERD, Movant.

United States Court of Appeals, Sixth Circuit.

Decided August 25, 1997.

Attorney(s) appearing for the Case

Edward Hanserd, Terre Haute, IN, pro se.

Eric M. Jaegers (argued and briefed), Louisville, KY, for Petitioner.

Kathleen Moro Nesi (argued and briefed), Asst. U.S. Attorney, Office of the U.S. Attorney, Detroit, MI, for Respondent.

Before: MARTIN, Chief Judge, NORRIS and MOORE, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which MARTIN, C.J., joined. NORRIS, J. (p. 935), delivered a separate opinion concurring in the result.

MOORE, Circuit Judge.

Movant Edward Hanserd, a federal prisoner, requests permission to file a second motion to vacate his sentence under 28 U.S.C. § 2255. For the reasons discussed below, we hold that our permission is not necessary in this case.

I. FACTS

In 1991, Hanserd pleaded guilty...

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