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IN RE ABDUR'RAHMAN

Nos. 02-6547, 02-6548.

392 F.3d 174 (2004)

In re Abu-Ali ABDUR'RAHMAN, Movant. Abu-Ali Abdur'Rahman, Petitioner-Appellant, v. Ricky Bell, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 13, 2004.

Attorney(s) appearing for the Case

ARGUED: Bradley A. MacLean, Stites & Harbison, Nashville, Tennessee, for Petitioner. Joseph F. Whalen III, Office of the Attorney General, Nashville, Tennessee, for Respondent. ON BRIEF: Bradley A. MacLean, Stites & Harbison, Nashville, Tennessee, William P. Redick, Jr., Whites Creek, Tennessee, for Petitioner. Joseph F. Whalen III, Office of the Attorney General, Nashville, Tennessee, for Respondent.

Before: BOGGS, Chief Judge; MARTIN, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, Circuit Judges.

COLE, J., delivered the opinion of the court, in which MARTIN, DAUGHTREY, MOORE, CLAY, GILMAN, and GIBBONS, JJ., joined. SILER, J. (pp. 187-95), delivered a separate dissenting opinion, in which BOGGS, C.J., BATCHELDER, ROGERS, SUTTON, and COOK, JJ., joined.

OPINION

COLE, Circuit Judge.

Petitioner Abu-Ali Abdur'Rahman appeals the district court's denial of his motion for relief from that court's earlier judgment denying his petition for a writ of...

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