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MOORE v. U.S.

No. 16-1612.

871 F.3d 72 (2017)

Darnell A. MOORE, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, First Circuit.

September 13, 2017.

Attorney(s) appearing for the Case

Inga L. Parsons , Marblehead, MA, for petitioner.

Michael A. Rotker , Attorney, U.S. Department of Justice, Criminal Division, Appellate Section, with whom Kenneth A. Blanco , Acting Assistant Attorney General, U.S. Department of Justice, Criminal Division, Trevor N. McFadden , Deputy Assistant Attorney General, U.S. Department of Justice, Criminal Division, William D. Weinreb , Acting U.S. Attorney, and Dina M. Chaitowitz , Assistant U.S. Attorney, Chief, Appellate Division, were on brief, for respondent.

Before Thompson, Kayatta, and Barron, Circuit Judges.

Darnell Moore seeks to file a successive motion to vacate his federal sentence under 28 U.S.C. § 2255. Before he can do so, this court must certify that his motion "contain[s] ... a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable." 28...

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