Legal Opinion

Word v. United States

District Court, S.D. New York

Decided May 5, 1986No. 86 Civ. 1751(MP)PublishedCited by 1 opinion

1Opinion of the Court

OPINION

MILTON POLLACK, Senior District Judge:

This is Jerry Word’s fourth pro se motion to vacate his sentence—fifth, if counting his motion to reconsider a decision on one of his prior § 2255 motions—under 28 U.S.C. § 2255 (1982). Because Word knew, years earlier, of the existence of the facts giving rise to his present claim, and thus could have brought these claims in one of his prior § 2255 motions, see Rule 9(b) (successive motions), 28 U.S.C. foil. § 2255 (1982), and because his contentions, even were they properly raised for the first time on this motion, are totally frivolous, Word’s…

2Cases cited11 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Edmonds v. VirginiaSupreme Court of the United States · 1985
  3. Woodard v. HutchinsSupreme Court of the United States · 1984
  4. United States v. John Malcolm Cobb, IVCourt of Appeals for the Second Circuit · 1982
  5. Antone v. DuggerSupreme Court of the United States · 1984

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3Cited by1 opinion

  1. United States v. PotamitisDistrict Court, S.D. New York · 1987

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