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153550P.pdf   12/03/2015  Junior Menteer  v.  United States
   U.S. Court of Appeals Case No:  15-3550
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Colloton, Author, with Wollman and Gruender, Circuit Judges] 
   Prisoner case - Habeas. The movant makes a prima facie case for issuance 
   of authorization for permission to file a successive habeas based on 
   Johnson v. United States, 135 S. Ct. 2551 (2015), when the government 
   concedes that authorization should be granted. See Woods v. U.S., No. 
   15-3531, 2015 WL 7351939 (8th Cir. Nov. 20, 2015). However, on remand, the 
   district court "must not defer" to this court's "preliminary 
   determination" in granting authorization; the government's position is not 
   conclusive, and the district court must dismiss the motion that this court 
   has permitted Menteer to file if the district court finds he has not 
   satisfied the requirements for filing of such a motion.