United States DC Circuit

Treatment of a federal prisoner's motion for post-conviction relief (including a new trial) as a 28 U.S.C. section 2255 petition, does not render a subsequent section 2255 petition "second or successive" under the Antiterrorism and Effective Death Penalty Act.

Appellate Information

• Argued 02/20/2002
• Decided 07/19/2002
• Published 07/19/2002

Judges

• Before:  HENDERSON, RANDOLPH and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Sandra G. Roland, Assistant Federal Public Defender, argued the cause for the appellant.  A. J. Kramer, Federal Public Defender, was on brief.


• For Appellees:
  
• David B. Goodhand, Assistant United States Attorney, argued the cause for the appellee.  Kenneth L. Wainstein, United States Attorney at the time the brief was filed, and John R. Fisher and Thomas J. Tourish Jr., Assistant United States Attorneys, were on brief.  Mary-Patrice Brown, Assistant United States Attorney, entered an appearance.