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PONTON v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 16-10683.

891 F.3d 950 (2018)

Alfonso PONTON, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 4, 2018.

Attorney(s) appearing for the Case

Janice Louise Bergmann , Federal Public Defender's Office, Fort Lauderdale, FL, Michael Caruso , Federal Public Defender, Federal Public Defender's Office, Miami, FL, for Petitioner-Appellant.

Douglas James Glaid , Marlon Weiss , Pam Bondi , Attorney General's Office, Miami, FL, for Respondent-Appellee.

Before ED CARNES, Chief Judge, MARCUS, Circuit Judge, and ROSS, District Judge.

This case involves the effect of a Castro error in an earlier federal habeas proceeding on whether a later habeas petition is to be treated as second or successive for purposes of 28 U.S.C. § 2244(b). See Castro v. United States, 540 U.S. 375, 124 S.Ct. 786, 157...

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