GALTIERI v. U.S.

Docket No. 97-3593.

128 F.3d 33 (1997)

Gennaro GALTIERI, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Second Circuit.

Decided September 15, 1997.

Opinion Filed October 20, 1997.


Attorney(s) appearing for the Case

Gennaro Galtieri, Manchester, KY, submitted a pro se brief.

Before: WINTER, Chief Judge, NEWMAN, Circuit Judge, and CEDARBAUM,


JON O. NEWMAN, Circuit Judge:

This motion by Gennaro Galtieri for leave to file a second habeas corpus petition raises what seems at first glance to be an easy question: when is a petition "second or successive" within the meaning of sections 105 and 106(b) of the Antiterrorism and Effective Death Penalty Act ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214, 1220-21(1996). Unfortunately, as with many legal questions, the answer...

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