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JEFFERS v. CHANDLER

No. 99-41461.

234 F.3d 277 (2000)

Garland JEFFERS, Petitioner-Appellant, v. Ernest CHANDLER, Warden, U.S. Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised December 18, 2000.

Attorney(s) appearing for the Case

Garland Jeffers, Beaumont, TX, pro se.

Before DUHÉ and PARKER, Circuit Judges, and LINDSAY, District Judge.

PER CURIAM:

This case requires us to address the following issue of first impression in this Circuit: May a federal prisoner utilize the "savings clause" of 28 U.S.C. § 2255 for a successive motion if his claim is based on a Supreme Court decision handed down after he has been convicted and sentenced and after he has exhausted his opportunities for post conviction relief? Persuaded by the decisions in similar matters by several circuits, we conclude that, under...

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