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MALDONADO v. U.S.

Docket No. 01-3731.

344 F.3d 244 (2003)

Nelson Torres MALDONADO, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Second Circuit.

Decided: September 17, 2003.

Attorney(s) appearing for the Case

Kim P. Bonstrom, Bonstrom & Murphy, New York, NY, for Petitioner.

Benjamin Gruenstein, (Meir Feder, Assistant United States Attorney, of counsel; James B. Comey, United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Respondent.

Before: VAN GRAAFEILAND, McLAUGHLIN, and CABRANES, Circuit Judges.

PER CURIAM.

This application for leave to file a second or successive petition for a writ of habeas corpus raises the issue of whether the gatekeeping provisions of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, § 105, 110 Stat. 1214, 1220-21 ("AEDPA"), codified at 28 U.S.C. § 2255, may be applied retroactively to second habeas petitions of petitioners who filed their initial petitions...

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