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CASTRO v. UNITED STATES

No. 02-6683.

540 U.S. 375 (2003)

CASTRO v. UNITED STATES

Supreme Court of United States.

Decided December 15, 2003.

Attorney(s) appearing for the Case

Michael G. Frick, by appointment of the Court, ante, p. 807, argued the cause and filed briefs for petitioner.

Dan Himmelfarb argued the cause for the United States. With him on the brief were Solicitor General Olson, Assistant Attorney General Chertoff, Deputy Solicitor General Dreeben, and Nina Goodman.*

BREYER, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, KENNEDY, SOUTER, and GINSBURG, JJ., joined, and in which SCALIA and THOMAS, JJ., joined as to Parts I and II. SCALIA, J., filed an opinion concurring in part and concurring in the judgment, in which THOMAS, J., joined, p. 385.

JUSTICE BREYER delivered the opinion of the Court.

Under a longstanding practice, a court sometimes treats as a request for habeas relief under 28 U.S.C. § 2255 a motion that a pro se federal prisoner has labeled differently. Such recharacterization can have serious consequences for the prisoner, for it subjects any subsequent motion under § 2255 to the restrictive conditions that federal law imposes upon a "second or successive" (but not upon a first...

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