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U.S. v. ROBERSON

No. 97-7309.

194 F.3d 408 (1999)

UNITED STATES of America, v. Kevin ROBERSON, Appellant

United States Court of Appeals, Third Circuit.

Opinion Filed: October 14, 1999.

Attorney(s) appearing for the Case

William A. Behe, Eric Pfisterer (Argued), Office of the United States Attorney, Federal Building, Harrisburg, PA, Counsel for Appellee.

Stephen M. Latimer (Argued), Loughlin & Latimer, Hackensack, NJ, Counsel for Appellant.

Before: GREENBERG and ALITO, Circuit Judges, and GODBOLD, Senior Circuit Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

The question presented for our review is whether applying AEDPA's gatekeeping provisions to a 28 U.S.C. § 2255 motion filed after AEDPA's effective date would have an impermissible retroactive result if the movant filed his first § 2255 motion prior to AEDPA's enactment. We conclude that the application of AEDPA's gatekeeping provisions to Kevin Roberson's second § 2255 motion would have no impermissible...

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