Gallagher v. United States

Petitioner Robert Gallagher, pro se, seeks an order authorizing the United States District Court for the Eastern District of New York to consider a second or successive motion filed under 28 U.S.C. § 2255. Gallagher was convicted of committing violent crimes in aid of racketeering activity, in violation of 18 U.S.C. § 1959; judgment was entered in April 1996; this Court affirmed in 1997.

In 1999, Gallagher filed a motion under 28 U.S.C. § 2241, arguing that his trial counsel was ineffective because counsel underestimated Gallagher’s sentencing exposure during plea bargaining. The district…