United States First Circuit

A Federal Rules of Civil Procedure Rule 60(b) motion should be treated as a second or successive habeas petition if and only if the factual predicate set forth in support of the motion constitutes a direct challenge to the constitutionality of the underlying conviction.

Appellate Information

• Decided 04/01/2003
• Published 04/01/2003

Judges

• SELYA, Circuit Judge., Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kevin J. Reddington, for petitioner.


• For Appellees:
  
• Dean A. Mazzone, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for respondent.