United States Third Circuit

Petitioner's motion to vacate his sentence pursuant to 28 U.S.C. section 2255 is "second or successive" under the AEDPA where the District Court had previously granted Petitioner's section 2255 motion restoring his right to file a direct appeal.

Appellate Information

• Argued 01/28/2003
• Decided 04/10/2003
• Published 04/10/2003

Judges

• Before SLOVITER, RENDELL, Circuit Judges, and DEBEVOISE, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Peter A. Levin (Argued), Philadelphia, for Petitioner., Maureen Kearney Rowley, Chief Federal Defender, David L. McColgin (Argued), Assistant Federal Defender, Supervising Appellate Attorney, Defender Association of Philadelphia, Federal Court Division, Philadelphia, for Amici Curiae, Community Defender Organization for the Eastern District of Pennsylvania;  Federal Court Division of the Defender Association of Philadelphia;  Federal Defender Offices of the Middle District of Pennsylvania, Western District of Pennsylvania, New Jersey, Delaware, and the Virgin Islands;  and National Association of Federal Defenders.


• For Appellees:
  
• Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney, Robert A. Zauzmer, Assistant United States Attorney, Christopher R. Hall (Argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, for Respondent.