Leroy Haith v. United States

BIGGS, Chief Judge.

Section 2255 of Title 28 U.S.C., provides inter alia: “The sentencing court shall not be required to entertain a second or successive motion for similar relief on behalf of the same prisoner.” (Emphasis added.) It was, we believe, the weight of authority prior to the decision of the Supreme Court in Sanders v. United States, 373 U.S. 1, 83 S.Ct. 1068, 10 L.Ed.2d 148 (1963), that in determining whether or not a second application or succeeding applications for relief under Section 2255 should be entertained by the sentencing court and pertinent matters contained therein…