Cite as: 532 U. S. 374 (2001)
Breyer, J., dissenting
inclination to grant a 28 U. S. C. § 2255 (1994 ed., Supp. V) hearing in the rare circumstances hypothesized by the majority is subject to Justice Scalia's criticism that § 2255 may be an inappropriate forum for such a challenge. See ante, at 387 (opinion concurring in part).
The legal problem lies at the source. While we do not often overturn a recently decided case, in this instance the Court's earlier decision will lead to ever-increasing complexity, for it blocks the simpler procedural approach that Congress intended.
Consequently, I believe this is one of those rare instances in which the Court should reconsider an earlier case, namely, Custis, and adopt the dissenters' views. For that reason, I dissent.
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