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VILLANUEVA v. U.S.

Docket Nos. 00-3580(L), 01-3524(CON).

346 F.3d 55 (2003)

Hector VILLANUEVA, Lan Ngoc Tran, Petitioners, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Second Circuit.

Final Briefs Submitted: April 25, 2002.

Decided: September 15, 2003.

Attorney(s) appearing for the Case

Robert E. Nicholson, Law Office of Robert E. Nicholson, Brooklyn, NY, for Petitioners.

James B. Comey, United States Attorney for the Southern District of New York, New York, NY, Alan M. Vinegrad, United States Attorney for the Eastern District of New York, Brooklyn, N.Y. (Marcus A. Asner, Meir Feder, Assistant United States Attorneys, on the brief), for Respondent.

Before: WALKER, Chief Judge, MINER and POOLER, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

Petitioners Hector Villanueva and Lan Ngoc Tran move this court pursuant to 28 U.S.C. § 2244(b)(3) for orders authorizing the United States District Courts for the Southern and Eastern Districts of New York, respectively, to consider petitions filed pursuant to 28 U.S.C. § 2255 (a "§ 2255 petition"). Each petitioner had previously filed a separate § 2255 petition that had been denied as time-barred under the one...

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