What is the test for a second or successive motion challenging a judgment or sentence in a criminal case?
MultiRegion, United States of America
The following excerpt is from Washington v. United States, 868 F.3d 64 (Mem) (2nd Cir. 2017):
28 U.S.C. 2255(h) ; see id . 2244(a), 2244(b)(3). See generally Corrao v. United States , 152 F.3d 188, 191 (2d Cir. 1998) (after a 2255 motion has been decided on the merits, a subsequent 2255 motion raising a challenge to the same judgment or sentence that was challenged in the prior motion is " second or successive " within the meaning of 2255(h) ).
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