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U.S. v. POLLARD

No. 01-3103.

416 F.3d 48 (2005)

UNITED STATES of America, Appellee v. Jonathan Jay POLLARD, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 22, 2005.

Attorney(s) appearing for the Case

Eliot Lauer and Jacques Semmelman argued the cause and filed the briefs for appellant.

Arthur B. Spitzer and G. Brian Busey were on the brief for amici curiae American Civil Liberties Union of the National Capital Area, et al. supporting reversal.

Mary B. McCord, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and John R. Fisher, Roy W. McLeese, III, Robert D. Okun, Steven W. Pelak, and David B. Goodhand, Assistant U.S. Attorneys. Mary-Patrice Brown, Assistant U.S. Attorney, entered an appearance.

Before: SENTELLE, HENDERSON and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Opinion concurring in part and dissenting in part filed by Circuit Judge ROGERS.

SENTELLE, Circuit Judge.

Appellant Jonathan J. Pollard appeals from the dismissal of a second 28 U.S.C. § 2255 motion, collaterally attacking his 1987 life sentence on ineffective-assistance-of-counsel grounds, as requiring appellate certification under the Anti-Terrorism and Effective Death Penalty Act ("AEDPA...

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