In Re: Mervyn Clinton Goddard, Movant
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Dismissed by published opinion. Judge MICHAEL wrote the majority opinion, in which Senior Judge BUTZNER joined. Judge WILKINS wrote a dissenting opinion.
OPINION
MICHAEL, Circuit Judge:
Mervyn C. Goddard has applied to us under 28 U.S.C. § 2244(b)(3) for authorization to file a “second or successive” § 2255 motion, which would assert a substantive challenge to his sentence. Because Goddard used his first § 2255 motion solely to reinstate his right to direct appeal, that motion does not count against him. He therefore does not need our authorization.
*436I.
On August 23,1993, Goddard pled guilty to…
2Cases cited16 opinions
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- Pratt v. United StatesCourt of Appeals for the First Circuit · 1997
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