United States Tenth Circuit

In a felon in possession case, the dismissal of petitioner's habeas petition is affirmed where: 1) a federal prisoner does not need prior circuit authorization to bring a second or successive 28 U.S.C. section 2241 petition; 2) the pre-AEDPA principles still applied to such petitions; and 3) the district court properly dismissed petitioner's petition, which was both successive and abusive.

Appellate Information

• Decided 08/10/2010
• Published 08/10/2010

Judges

• Diana C. Murphy

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Rudy Stanko, David M. Gaouette