Samuel Deorio v. Vic Flournoy, Warden
ERISA DueProcess HabeasCorpus Securities
Whether 28 U.S.C. §2255(e) may serve as a failsafe mechanism
QUESTIONS PRESENTED Ll. Whether 28 U.S.C. §2255(e) may serve as a failsafe mechanism opening the protal to use 28 U.S.C. §2241, to test the legality of an unconstitutional sentence where such claim is based on a new rule of constitutional law, made retroactive to collateral review by the Supreme Court, which was previously unavailable, and where the court of appeals precluded the petitioner from using 28 U.S.C. §2255(h). : 2. Whether 28 U.S.C. §2255(h) authorizes a curt of appeals to expand its authority beyond that authorized by the statute and deny an application for leave to file a second or successive habeas petition applying tools of judicial convenience where the petitioner has made a substantial showing of the prima facie required by the statute. ‘ FS