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U.S. v. Barrett, No. 96-2355 (1st Cir.) (178 F.3d 34) (May 27, 1999) (Judge Sandra L. Lynch)

The Court observed: "There is only one bite at the post-conviction apple unless a second or successive petition can show one of two things: a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable, or newly discovered evidence sufficient ...

 

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