Nelson Mantecon v. United States

Nelson Mantecon-Zayas, a federal prisoner, appeals pro se the district court’s sua sponte dismissal of his motion to vacate, set aside, or correct sentence, filed pursuant to 28 U.S.C. § 2255, as an unauthorized second or successive § 2255 motion. Because Mantecón filed this appeal after the effective date of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L.No. 104-32, 110 Stat. 1214 (1996), it is governed by the AEDPA’s provisions. Mantecón argues on appeal that the district court erred in construing his § 2255 motion as an unauthorized second or successive § 2255…