United States Second Circuit

In petitioner's motion for leave to file a "second or successive" motion to vacate his conviction pursuant to 28 U.S.C. section 2255, the motion is denied where petitioner's prior motion did not count when determining whether his proposed motion was "second or successive" under the Antiterrorism and Effective Death Penalty Act, and thus petitioner does not require leave of the circuit court to file the proposed motion in the district court.

Appellate Information

• Decided 06/14/2010
• Published 06/14/2010

Judges

• PER CURIAM:, Before WINTER, POOLER, Circuit Judges, and RAKOFF, District Judge .

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• John V. Saykanic, Clinton, NJ, for Petitioner-Appellant.


• For Appellees:
  
• Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Respondent-Appellee.