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THAI v. U.S.

Docket No. 01-3800.

391 F.3d 491 (2004)

David THAI, Petitioner, v. UNITED STATES of America, Respondent,

United States Court of Appeals, Second Circuit.

Decided: November 23, 2004.

Attorney(s) appearing for the Case

Philip S. Glickman, Rochester, NY, for Petitioner.

Jo Ann M. Navickas, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney, and Peter A. Norling, Assistant United States Attorney, on the brief), Brooklyn, for Respondent.

Before: SOTOMAYOR, KATZMANN and B.D. PARKER, Circuit Judges.

PER CURIAM.

David Thai ("Thai" or "petitioner") moved for an order authorizing the district court to consider a second or successive 28 U.S.C. § 2255 motion. We reserved decision on the authorization motion and appointed counsel for Thai. We ordered briefing on whether petitioner's initial § 2255 motion, which the district court dismissed at petitioner's request, constituted a first petition so as to render subsequent § 2255 petitions "second or successive...

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