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CASTRO v. U.S.

No. 01-12181.

277 F.3d 1300 (2002)

Hernan O'Ryan CASTRO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 2, 2002.

Attorney(s) appearing for the Case

Michael G. Frick, Norman Daniel Lovein, Hall, Booth, Smith & Slover, PC, Brunswick, GA, for Petitioner-Appellant.

Amy Lee Copeland, Savannah, GA, for Respondent-Appellee.

Before WILSON, RONEY and FAY, Circuit Judges.

WILSON, Circuit Judge:

Hernan O'Ryan Castro appeals the district court's dismissal of his habeas corpus petition, which was filed pursuant to 28 U.S.C § 2255. The district court concluded that the petition was successive under § 2255, as amended by the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA), and thus not entitled to consideration. The dismissal of O'Ryan Castro's petition raises an issue of first impression in this Circuit: when a district...

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