In Re: William Gray, Jr. v.
Court of Appeals for the Fourth Circuit
1Opinion of the Court
GREGORY, Chief Judge:
William Robert Gray, Jr., seeks leave to file a - second or successive 28 U.S.C. § 2254 petition challenging his conviction for first-degree murder. Because this petition will be Gray’s first § 2254 petition to challenge the new judgment, imposed after Gray was resentenced, we find that the petition is not second or successive within the meaning of 28 U.S.C. § 2244(b). We therefore deny the motion as unnecessary and direct the district court to consider Gray’s second-in-time § 2254 petition as the first challenge to the new judgment.
I
In 1993, Gray was convicted in North…
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