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U.S. v. DAVIES

No. 03-1933.

394 F.3d 182 (2005)

UNITED STATES of America v. Todd R. DAVIES, Appellant.

United States Court of Appeals, Third Circuit.

Filed January 13, 2005.

Attorney(s) appearing for the Case

Lisa B. Freeland (Argued), Office of Federal Public Defender, Pittsburgh, PA, for Appellant.

Mary Beth Buchanan, Bonnie R. Schlueter, Kelly R. Labby, Paul M. Thompson (Argued), Office of the United States Attorney, Pittsburgh, PA, for Appellee.

Before AMBRO, ALDISERT and STAPLETON, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Todd R. Davies appeals the District Court's denial of his 28 U.S.C. § 2255 petition. One of the claims for relief there asserted is now acknowledged to be foreclosed by our case law. The other two were found by the District Court to be procedurally barred. Because the Court further concluded that Davies could not establish cause and prejudice, or actual innocence, to overcome that bar, the petition...

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