Legal Opinion

In Re: Audwin Hawatha Taylor, Movant

Court of Appeals for the Fourth Circuit

Decided March 18, 1999No. 98-636PublishedCited by 44 opinions

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

  1. Bailey v. United StatesSupreme Court of the United States · 1995
  2. Kuhlmann v. WilsonSupreme Court of the United States · 1986
  3. In Re Avery W. Vial, MovantCourt of Appeals for the Fourth Circuit · 1997
  4. United States v. TexasSupreme Court of the United States · 1993
  5. Clarence Walker v. Thomas P. RothCourt of Appeals for the Seventh Circuit · 1997

2 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Burton v. StewartSupreme Court of the United States · 2007
  2. United States v. Donathan Wayne HaddenCourt of Appeals for the Fourth Circuit · 2007
  3. United States v. BarrettCourt of Appeals for the First Circuit · 1999
  4. Kulvir Singh Barapind v. Janet Reno, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2000
  5. Ronnie James v. James Walsh, Superintendent of Ulster Correctional FacilityCourt of Appeals for the Second Circuit · 2002

39 more not listed; retrieve them via the Exa API.

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