In Re: Audwin Hawatha Taylor, Movant
Court of Appeals for the Fourth Circuit
1Opinion of the Court
OPINION
TRAXLER, Circuit Judge:
Audwin Hawatha Taylor (“Taylor”) filed a motion in this court requesting our permission to file an application for relief from his sentence under 28 U.S.C.A. § 2255 (West 1994 & Supp.1998), as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132, sec. 105, 110 Stat. 1214, 1220. Because Taylor seeks to raise only issues that originated during a resen-tencing hearing which resulted from his previously successful § 2255 motion, we hold that the § 2255 motion he now seeks to file is not “second or successive” within the…
2Cases cited7 opinions
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