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McIver v. U.S., No. 01-10507 (11th Cir.) (307 F.3d 1327) (September 30, 2002) (Judge Rosemary Barkett)

Here the Eleventh Circuit joined with a majority of the Circuits in holding that a successful motion to file an out-of-time notice of appeal is not to be counted as a first petition for the purposes of subsequent collateral proceedings under 28 U.S.C. § 2255. The Court observed: "AEDPA does ...

 

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