WOODRUFF v. U.S.

No. 96-3692.

131 F.3d 1238 (1997)

Thomas A. WOODRUFF, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 15, 1997.

Rehearing Denied February 12, 1998.


Attorney(s) appearing for the Case

Mark S. Rosen (argued), Rosen & Holzman, Waukesha, WI, for Petitioner-Appellant.

Mel S. Johnson (argued), Office of the United States Attorney, Milwaukee, WI, for Respondent-Appellee.

Before CUMMINGS, MANION, and DIANE P. WOOD, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

Once again, we are called upon to decide whether the Supreme Court's decision in Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), requires new proceedings of any kind for a criminal defendant. Thomas A. Woodruff pleaded guilty to both a drug offense and a violation of 18 U.S.C. § 924(c), he took no direct appeal from his conviction or sentence, and he then presented a petition under 28 U.S.C. ...

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