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IN RE FASHINA

No. 06-3002.

486 F.3d 1300 (2007)

In re: Olutoyin O. FASHINA Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 2007.

Attorney(s) appearing for the Case

Peter S. Spivack, appointed by the court, argued the cause for petitioner. With him on the briefs was Christopher T. Handman.

Elizabeth H. Danello, Assistant U.S. Attorney, argued the cause for respondent. With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese, III, Assistant U.S. Attorney.

Before: GINSBURG, Chief Judge, and TATEL, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

Convicted of various drug-related offenses in 1994, Olutoyin Fashina petitions for leave to file a successive § 2255 habeas petition in which he contends his sentence was unconstitutional in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Fashina filed his first habeas petition prior to the passage of...

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