United States Ninth Circuit

A successful 28 U.S.C. section 2255 petition, utilized as a device to obtain an out-of-time appeal rather than as a collateral attack on the original sentence, does not render a subsequent collateral challenge "second" or "successive" under AEDPA.

Appellate Information

• Argued 10/06/2003
• Decided 04/02/2004
• Published 04/02/2004

Judges

• SCHROEDER, Chief Judge:, Before: SCHROEDER, Chief Judge, THOMAS, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Sung Lee, Assistant Federal Public Defender, Sacramento, CA, for the petitioner-appellant.


• For Appellees:
  
• Samantha S. Spangler, Assistant United States Attorney, Sacramento, CA, for the respondent-appellee.