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JOHNSON v. U.S.

Docket No. 10-3046-op.

623 F.3d 41 (2010)

Leonard C. JOHNSON, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Second Circuit.

Decided: October 8, 2010.

Attorney(s) appearing for the Case

Leonard C. Johnson , Waymart, PA, pro se.

Katherine Polk Failla , Assistant United States Attorney, for Preet Bharara, United States Attorney, Southern District of New York, New York, NY.

Before: KATZMANN and HALL, Circuit Judges, GARDEPHE, District Judge.

KATZMANN, Circuit Judge:

Petitioner Leonard C. Johnson, proceeding pro se, seeks leave to file a successive 28 U.S.C. § 2255 motion challenging his amended judgment of conviction for armed bank robbery and carrying a firearm during a crime of violence. We hold that Johnson's proposed § 2255 motion would not be successive in light of the Supreme Court's decision in Magwood v. Patterson, ___ U.S. ___, 130 S.Ct. 2788...

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