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UNDERWOOD v. U.S.

Docket No. 97-3592

166 F.3d 84 (1999)

William R. UNDERWOOD, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Second Circuit.

Decided January 22, 1999.

Attorney(s) appearing for the Case

ROBYN G. NIR, Bisceglia & Oppenheim, New York, N.Y., for Petitioner.

ANDREW S. DEMBER, Assistant United States Attorney, New York, N.Y. (Mary Jo White, United States Attorney for the Souther District of New York, Robert E. Rice, Assistant United States Attorney, New York, N.Y. (Of Counsel), for Respondent.

Before: NEWMAN, LEVAL, and PARKER, Circuit Judges.

LEVAL, Circuit Judge:

This is a sua sponte reconsideration of this Court's prior denial of the application of Petitioner William R. Underwood to file a second petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. See Underwood v. United States, No. 97-3592 (2d Cir. Sept.3, 1997). Underwood argues that if we deny reconsideration under § 2255, he should be allowed to file a habeas corpus petition under 28 U.S.C...

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