United States Second Circuit

In petitioner's motion for leave to file a successive 28 U.S.C. section 2255 habeas petition challenging his child pornography conviction, the motion is denied where the claims in petitioner's first section 2255 petition were, in substance, incorporated into his subsequent direct appeal, and thus his proposed section 2255 petition was not "second or successive."

Appellate Information

• Decided 09/02/2010
• Published 09/02/2010

Judges

• Edward R. Korman

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert F. Wall