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SAWYER v. HOLDER

No. 01-16398.

326 F.3d 1363 (2003)

James SAWYER, Petitioner-Appellant, v. Carlyle HOLDER, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 14, 2003.

Attorney(s) appearing for the Case

Sharon Samek (Court-Appointed), Tampa, FL, for Petitioner-Appellant.

Todd B. Grandy, Tamra Phipps, Tampa, FL, for Respondent-Appellee.

Before DUBINA, RONEY and COX, Circuit Judges.

DUBINA, Circuit Judge:

In this appeal, we consider whether petitioner James Sawyer's ("Sawyer") Richardson1 claim falls within the purview of 28 U.S.C. § 2255's savings clause. Because we hold that Sawyer was not convicted of a nonexistent offense, and thus, did not meet the second prong of the Wofford2 test, his Richardson claim does not fall within the purview of the savings clause...

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