In Re: Ilori Babajide Olabode

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue before us is whether Petitioner’s motion to vacate his sentence pursuant to 28 U.S.C. § 2255 is “second or successive” under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) where the District Court had previously granted Petitioner’s § 2255 motion restoring his right to file a direct appeal. After Petitioner was unsuccessful on his direct appeal, he filed the § 2255 motion which is the subject of the appeal before us. This court has not previously addressed this issue. Six other courts of appeals have considered the…