What is the current state of the law on section 2255 of the Anti-Terrorism and Effective Death Penalty Act?
MultiRegion, United States of America
The following excerpt is from United States v. Howard, Civil Case No.: 16cv1538 JM, Civil Case No.: 16cv2709 JM, Crim. Case No.: 93cr843 JM (S.D. Cal. 2017):
3. Since the enactment of the Anti-Terrorism and Effective Death Penalty Act of 1996, defendants are restricted to a single section 2255 motion. United States v. Lopez, 577 F.3d 1053, 1060-61 (9th Cir. 2009). A defendant who wishes to file a second or successive section 2255 motion must first seek permission from the court of appeals. Id.; 28 U.S.C. 2255(h); 28 U.S.C. 2244.
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