United States Third Circuit

The gatekeeping provisions of 28 USC 2253 do not violate the Suspension Clause because petitioners have a full and fair opportunity to test the legality of his detention in the section 2255 proceeding in the district court and retain the right to file an original petition for a writ of habeas corpus in the Supreme Court of the United States.

Appellate Information

• Argued 02/28/2000
• Decided 03/28/2001
• Published 03/28/2001

Judges

• Before ALITO and STAPLETON, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Daniel I. Siegel, (Argued), Office of Federal Public Defender, Harrisburg, PA, Attorney for Appellant., Peter Goldberger, Ardmore, PA, Attorney for Amicus-appellant National Association of Criminal Defense Lawyers.


• For Appellees:
  
• Kim D. Daniel,Theodore B. Smith, III, (Argued), Office of United States Attorney, Harrisburg, PA, Attorney for Appellee.