Johnson v. U.S., No. 10-3046-op (2nd Cir.) (623 F.3d 41) (October 8, 2010) (Judge Robert A. Katzmann)
Petitioner's application for leave to file a successive 28 U.S.C. § 2255 motion is denied where petitioner's proposed § 2255 motion would not be "second or successive" under 28 U.S.C. § 2255(h), because it was his first § 2255 motion challenging his amended judgment of conviction.
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