ESPOSITO v. U.S.

No. 97-3573.

135 F.3d 111 (1997)

Anthony ESPOSITO, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Second Circuit.

Decided November 21, 1997.


Attorney(s) appearing for the Case

Anthony Esposito, White Deer, PA, pro se.

Thomas J. Maroney, United States Attorney, Northern District of New York, Thomas Spina, Jr., Assistant United States Attorney, Albany, N.Y. for Respondent.

Before: JACOBS, LEVAL and CALABRESI, Circuit Judges.


PER CURIAM:

Anthony Esposito, a federal prisoner appearing pro se, moved for leave to file a second habeas corpus petition pursuant to 28 U.S.C. § 2255, and we have dismissed that motion as unnecessary (with opinion to follow). We hold that Esposito's petition was not "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), because...

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