HARRIS v. U.S.

No. 03-2373.

367 F.3d 74 (2004)

Roy William HARRIS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 4, 2004.


Attorney(s) appearing for the Case

Terence J. Lynam, Akin Gump Strauss Hauer & Feld, LLP, Washington, DC, for Plaintiff-Appellant Roy William Harris.

Katherine Polk Failla, Assistant United States Attorney, New York, N.Y. (James B. Comey, United States Attorney, on the brief, and Laura Grossfield Birger, Assistant United States Attorney, of counsel), for Defendant-Appellee United States of America.

Before: JACOBS, SACK, and RAGGI, Circuit Judges.


JACOBS, Circuit Judge.

In April 2001, appellant Roy William Harris filed a second petition for habeas corpus relief, alleging for the first time that counsel in his direct appeal had been constitutionally ineffective in failing to appeal two alleged sentencing errors. Pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. §§ 2244(b)(3), 2255, this Court declined to authorize consideration of that successive petition, and...

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