Armstrong v. United States, No. 18-13041 (11th Cir. 2021)
Annotate this CaseThe Eleventh Circuit affirmed the district court's denial of a 28 U.S.C. 2255 habeas petition as second or successive, holding that a sentence reduction under 18 U.S.C. 3582(c) does not constitute a new, intervening judgment for purposes of the bar on second or successive section 2255 motions under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). In this case, petitioner failed to obtain the required certification from this court before filing a second section 2255 petition, and the district court dismissed it as unauthorized. Without such authorization, the court concluded that the district court lacked jurisdiction to entertain the petition.
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