Marmolejos v. United States, No. 14-3519 (2d Cir. 2015)
Annotate this CasePetitioner filed a 28 U.S.C. 2255 motion in 2005 and sought to file another such motion in 2014. Petitioner argued that the district court erred in treating his present section 2255 motion as second or successive because, after his first section 2255 motion, the court entered an amended judgment to correct clerical errors in the original judgment, and petitioner's present section 2255 motion is his first such motion since the entry of the corrected judgment. The court concluded that Magwood v. Patterson does not extend judgments amended only to correct clerical errors. The court considered all of petitioner's arguments in support of his contention that his present section 2255 motion should not be considered second or successive and have found them to be without merit. Therefore, the court denied petitioner's motion for a certificate of appealability. Further, construed as a motion for retransfer to the district court, the motion is denied.
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