Legal Opinion
United States v. Paul Winestock, Jr.
Court of Appeals for the Fourth Circuit
Decided April 25, 2003No. 02-6304PublishedCited by 711 opinions
1Opinion of the Court
OPINION
WILKINS, Chief Judge:
Paul Winestock, Jr. appeals a district court order denying his motion for reconsideration of the denial of post conviction relief. Having previously granted a certificate of appealability, see 28 U.S.C.A. § 2253(c) (West Supp.2002), we now hold that Winestock’s motion amounted to a successive application for post conviction relief and that the district court therefore lacked jurisdiction to consider it. See 28 U.S.C.A. § 2255¶ 8 (West Supp.2002). Accordingly, we vacate the order denying reconsideration and remand with instructions to dismiss. In addition, we deny…
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3Cited by711 opinions
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