Legal Opinion
Wall v. United States
Court of Appeals for the Second Circuit
Decided September 2, 2010No. Docket 10-2354-opPublishedCited by 11 opinions
1Per curiam
Petitioner Robert F. Wall, proceeding pro se, seeks leave to file a successive 28 U.S.C. § 2255 petition raising various challenges to his judgment of conviction, entered on July 31, 2009, for the possession of child pornography. We hold that Wall’s prior § 2255 petition, challenging an earlier judgment of conviction entered in this case on September 25, 2007, does not count for purposes of determining whether his current motion is “second or successive” under 28 U.S.C. § 2255(h). Not only did that petition result in the vacatur of the original judgment and entry of a new one, but the…
2Cases cited13 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Stewart v. Martinez-VillarealSupreme Court of the United States · 1998
- Eric Adams v. United StatesCourt of Appeals for the Second Circuit · 1998
- United States v. Leroy S. Outen Rodney D. Smith Sheldon Wilford Donald Gordon Euton Christian Tyrone McFadden Herbie Noel, AKA "Wayne"Court of Appeals for the Second Circuit · 2002
- Hom Sui Ching v. United StatesCourt of Appeals for the Second Circuit · 2002
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3Cited by11 opinions
- United States v. FlemingCourt of Appeals for the Seventh Circuit · 2012
- Johnson v. United StatesCourt of Appeals for the Second Circuit · 2010
- United States v. VilarCourt of Appeals for the Second Circuit · 2011
- Carranza v. United StatesCourt of Appeals for the Second Circuit · 2015
- Beato-Estrella v. United StatesDistrict Court, S.D. New York · 2025
6 more not listed; retrieve them via the Exa API.