United States Second Circuit

Petitioner's application for leave to file a successive 28 U.S.C. section 2255 motion is denied where petitioner's proposed section 2255 motion would not be "second or successive" under 28 U.S.C. section 2255(h), because it was his first section 2255 motion challenging his amended judgment of conviction.

Appellate Information

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

Judges

• Robert Katzmann

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Leonard C. Johnson, Katherine Polk Failla