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Successive Motion to Vacate in Capital Murder Case Denied

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By FindLaw Staff on April 30, 2010 11:15 AM

In re: Webster, No. 09-11039, involved petitioner's motion for an order authorizing the district court to consider a successive motion to vacate his federal death sentence.  The Fifth Circuit denied the motion, holding that there was no reason to believe that Congress intended the language "guilty of the offense" in 28 U.S.C. section 2255 to mean "eligible for a death sentence."

As the court wrote:  "Bruce Webster moves for an order authorizing the district court to consider a successive motion to vacate his federal death sentence under 28 U.S.C. § 2255, as amended by section 105 of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). Because he does not meet the procedural requirements of § 2255(h), we deny the motion."

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