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U.S. v. ORTIZ

No. 96-3123.

136 F.3d 161 (1998)

UNITED STATES of America, Appellee, v. Lionel ORTIZ, a/k/a Carlos, a/k/a Leonel Carlos Ortiz, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 1998.

Attorney(s) appearing for the Case

Catherine E. Lhamon, Washington, DC, argued the cause as amicus curiae on the side of appellant. Steven H. Goldblatt, Washington, DC, appointed by the court, and Stacey Engelbrecht, student counsel, were on the briefs.

Lionel Ortiz, pro se, was on the brief.

John R. Fisher, Assistant U.S. Attorney, Washington, DC, argued the cause for appellee, with whom Mary Lou Leary, U.S. Attorney at the time the brief was filed, and James E. Boasberg, Assistant U.S. Attorney, were on the brief. Elizabeth Trosman, Assistant U.S. Attorney, entered an appearance.

Before: EDWARDS, Chief Judge, WALD and ROGERS, Circuit Judges.

ROGERS, Circuit Judge:

Under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), a defendant seeking to file a second motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct a sentence must first obtain an order from the appropriate court of appeals authorizing the district court to consider the motion. See 28 U.S.C.A. §§ 2244(b)(3)(A), 2255 (West 1994 & Supp. 1997). Before AEDPA was enacted, Lionel Ortiz filed his...

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