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MUNIZ v. U.S.

No. 00-3571.

236 F.3d 122 (2001)

Mathilde MUNIZ, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided January 2, 2001.

Attorney(s) appearing for the Case

Randolph Z. Volkell, North Bellmore, NY, by appointment of the Court, for Petitioner.

Christine Chi, Assistant United States Attorney (Mary Jo White, United States Attorney for the Southern District of New York, on the brief), New York, NY, for Respondent.

Before: CABRANES, PARKER, and STRAUB, Circuit Judges.

PER CURIAM:

Petitioner Mathilde Muniz moves pursuant to 28 U.S.C. §§ 2244(b)(3)(A) & 2255 for an order authorizing the District Court to consider a "second or successive" petition1 for postconviction relief under 28 U.S.C. § 2255. As it happens, however, Muniz's instant petition is not, in fact, a "second or successive" petition within the meaning of §§ 2244(b)(3)(A) & 2255 at all. Rather, since her previous...

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