Andrew J. Johnston v. United States
DueProcess HabeasCorpus
Does 28 U.S.C. Section 2244(b)(1) apply to claims brought in second or successive motions for post-conviction relief under 28 U.S.C. Section 2255?
1. Does 28 U.S.C. Section 2244(b)(1) apply to claims brought in second or successive motions for post-conviction relief under 28 U.S.C. Section 2255? 2. If not, does a motion to reopen under Federal Rule of Civil Procedure 60(b)(6) seeking only to reopen a previous motion for a new trial under Federal Rule of Criminal Procedure 33(b)(1) and/or 28 U.S.C. Section 2255 that was denied on the merits . (without advancing a different constitutional claim) constitute a second or successive motion subject to the jurisdictional bar in 28 U.S.C.'Section 2244(b)(1)? h