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IN RE OLABODE

No. 02-2226.

325 F.3d 166 (2003)

In re: Ilori Babajide OLABODE, Petitioner.

United States Court of Appeals, Third Circuit.

April 10, 2003.

Attorney(s) appearing for the Case

Peter A. Levin (Argued), Philadelphia, for Petitioner.

Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney, Robert A. Zauzmer, Assistant United States Attorney, Christopher R. Hall (Argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, for Respondent.

Maureen Kearney Rowley, Chief Federal Defender, David L. McColgin (Argued), Assistant Federal Defender, Supervising Appellate Attorney, Defender Association of Philadelphia, Federal Court Division, Philadelphia, for Amici Curiae, Community Defender Organization for the Eastern District of Pennsylvania; Federal Court Division of the Defender Association of Philadelphia; Federal Defender Offices of the Middle District of Pennsylvania, Western District of Pennsylvania, New Jersey, Delaware, and the Virgin Islands; and National Association of Federal Defenders.

Before SLOVITER, RENDELL, Circuit Judges, and DEBEVOISE, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue before us is whether Petitioner's motion to vacate his sentence pursuant to 28 U.S.C. § 2255 is "second or successive" under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") where the District Court had previously granted Petitioner's § 2255 motion restoring his right to file a direct appeal. After Petitioner was unsuccessful on his direct appeal, he filed the § 2255...

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