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STEWART v. U.S.

No. 09-15821.

646 F.3d 856 (2011)

Sherodney STEWART, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 14, 2011.

Attorney(s) appearing for the Case

Morad Fakhimi, Fed. Pub. Def., Atlanta, GA, for Appellant.

Michelle Schieber, Charles L. Calhoun, U.S. Atty., Macon, GA, Michael A. Rotker, U.S. Dept. of Justice, Crim. Div., Washington, DC, for Appellee.

Before TJOFLAT, WILSON and SEYMOUR, Circuit Judges.

WILSON, Circuit Judge:

Within weeks of being sentenced as a career offender, Sherodney Stewart set out, pro se, to have his predicate state convictions vacated. He succeeded. He then filed a motion under 28 U.S.C. § 2255, which is the subject of this appeal. It was his second such motion, but because it was not "second or successive" as that term is understood in context of the Antiterrorism and Effective Death Penalty Act ("AEDPA"), we reverse the district...

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