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SUGGS v. U.S.

No. 10-3944.

705 F.3d 279 (2013)

Alonzo SUGGS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 17, 2013.

Attorney(s) appearing for the Case

Robert J. Palmer (argued), Mitchel Ramirez , Attorneys, May, Oberfell & Lorber, Mishawaka, IN, for Petitioner-Appellant.

Robert L. Garrison , Attorney, Office of the United States Attorney, Criminal Division, Fairview Heights, IL, Benjamin J. Horwich (argued), Attorney, Department of Justice Office of the Solicitor General, Washington, DC, for Respondent-Appellee.

Before MANION, SYKES, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

This appeal depends on a nuance of habeas corpus practice under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The specific issue is whether a second-in-time motion filed under 28 U.S.C. § 2255 is barred as "second or successive" when a prisoner has been resentenced pursuant to a successful first section 2255 motion, and the new motion challenges only the underlying conviction, not the resentencing. The Supreme Court...

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