Roosevelt Partee v. Frank X. Hopkins

BEAM, Circuit Judge,

dissenting from denial of suggestion for rehearing en banc, joined by Judge WOLLMAN and Judge MORRIS SHEPPARD ARNOLD.

The panel opinion is clearly at odds with the established law of this circuit which, contrary to the panel’s view, is not overruled by Custis v. United States, — U.S.—, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994). Neither does Custis support the limitation on federal habeas remedies announced in the penultimate paragraph of the panel’s decision. Partee v. Hopkins, 30 F.3d 1011, 1012 (8th Cir. July 28, 1994). Indeed, Custis states a different rule. Because the…