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IN RE TATUM

No. 00-31162.

233 F.3d 857 (2000)

In re: Billy Ray TATUM, Movant.

United States Court of Appeals, Fifth Circuit.

November 15, 2000.

Attorney(s) appearing for the Case

Billy Ray Tatum, Beaumont, TX, pro se.

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

BY THE COURT:

Billy Ray Tatum has filed a motion with us, seeking authorization to file a successive 28 U.S.C. § 2255 motion in district court to vacate, set aside, or correct his sentence. Tatum proposes to argue in district court that his conviction and sentence under 21 U.S.C. § 841 are unconstitutional because the type and quantity of drugs he possessed are elements of the offense and therefore should have been...

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