Defendant can now show he is mentally retarded, precluding death penalty.  However, he is too late procedurally to raise it.

Fifth Circuit does not grant him relief.  Concurring opinion says as follows:

"it is virtually guaranteed that he would be found mentally retarded." ... "I concur in the majority's opinion as a correct statement of the law, I continue to harbor a deep and unsettling conviction that, albeit under Congress's instruction which ties our judicial hands so illogically, we today have no choice but to condone just such an unconstitutional punishment."

In re: Bruce Carneil Webster No. 09-11039

http://www.ca5.uscourts.gov/opinions/pub/09/09-11039-CV0.wpd.pdf

Before SMITH, WIENER, and PRADO, Circuit Judges.