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U.S. v. SHIPP

No. 08-5157.

589 F.3d 1084 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Vauda Virgle SHIPP, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 16, 2009.

Attorney(s) appearing for the Case

John Bennett of Amarillo, TX, for Defendant-Appellant.

Leena Alam, Assistant United States Attorney (Thomas Scott Woodward, Acting United States Attorney, with her on the brief), Northern District of Oklahoma, Tulsa, OK, for Plaintiff-Appellee.

Before HENRY, Chief Judge, SEYMOUR and HOLMES, Circuit Judges.

SEYMOUR, Circuit Judge.

Mr. Vauda Virgle Shipp, Jr., appeals the district court's denial of his 28 U.S.C. § 2255 habeas petition. We granted a certificate of appealability ("COA") on one issue: whether "Chambers v. United States, ___ U.S. ___, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009), applies retroactively on collateral review to convictions that were final at the time the case was decided by the Supreme Court." See

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