Bucci v. United States, No. 13-2418 (1st Cir. 2015)
Annotate this CaseAppellant was a convicted drug trafficker who, at the time of this opinion, was serving a sentence of more than eighteen years. Appellant filed a 28 U.S.C. 2255 petition claiming that his trial counsel provided ineffective assistance. The district court sua sponte denied the petition on various grounds, including untimeliness. The First Circuit affirmed, holding that Appellant’s petition was a second or successive petition and that the petition did not meet either of section 2255(h)’s requirements. In so holding, the Court concluded that it need not reach the government’s arguments that the petition was untimely and did not state a meritorious claim on the merits.
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