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Triestman v. U.S., No. 96-2563, No. 1270 (2nd Cir.) (124 F.3d 361) (August 28, 1997) (Judge Guido Calabresi)

Case holds that constitutional considerations may require granting of relief to a petitioner under 28 U.S.C. 2241 if second or successive appeal is barred under 28 U.S.C. 2255.

If second or successive appeal is barred under § 2255, constitutional considerations may still permit an appeal under § 2241.

 

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