United States v. Orrin Shaid, Jr.

KING, Circuit Judge:

We consider this ease en banc in order to determine whether a federal prisoner who shows the possibility of prejudice as a result of erroneous jury instructions may obtain collateral relief under 28 U.S.C. § 2255 without demonstrating cause for his failure to raise the error at trial or on direct appeal. Because we find no exception to the Frady cause and prejudice standard that would allow us to grant collateral relief in this case absent a showing of cause, we affirm the district court’s denial of the prisoner’s § 2255 motion. See United States v. Frady, 456 U.S. 152,…