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IN RE SMITH

No. 01-3073.

285 F.3d 6 (2002)

In re: Richard A. SMITH, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided April 9, 2002.

Attorney(s) appearing for the Case

Kevin M. Schad argued the cause and filed the brief for petitioner.

Patricia A. Heffernan, Assistant U.S. Attorney, argued the cause for respondent. With her on the brief were Roscoe C. Howard Jr., U.S. Attorney, John R. Fisher and Roy W. McLeese III, Assistant U.S. Attorneys. Mary-Patrice Brown, Assistant U.S. Attorney, entered an appearance.

Before: HENDERSON, RANDOLPH and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

For Richard A. Smith, the remedy afforded under 28 U.S.C. § 2255 is inadequate. Seeking authorization to file a second motion under 28 U.S.C. § 2255, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA"),1 Smith demonstrates that his conviction under 18 U.S.C. § 924(c) is unlawful in view of the court's interpretation...

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