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SIMON v. U.S.

No. 99-2411.

359 F.3d 139 (2004)

Cecil SIMON, a.k.a. Cecil Jackson, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 19, 2004.

Attorney(s) appearing for the Case

Brian Sheppard, New Hyde Park, NY, for Petitioner-Appellant.

Cecil C. Scott, Assistant United States Attorney, for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (Peter A. Norling, Assistant United States Attorney, on the brief), for Respondent-Appellee.

Before: WALKER, Chief Judge, CALABRESI and STRAUB, Circuit Judges.

CALABRESI, Circuit Judge.

In Adams v. United States, 155 F.3d 582, 584 (2d Cir.1998) (per curiam), we held that district courts may not sua sponte convert post-conviction motions, putatively brought under some other provision, into motions pursuant to 28 U.S.C. § 2255 without first giving the petitioner notice and an opportunity to decline the conversion or withdraw the motion. The Supreme Court adopted this same...

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