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Date: 12-30-2021
Case Style:
Case Number: 20-1502-PR
Judge: Guido Calabresi
Court:
Plaintiff's Attorney: CELIA V. COHEN, Assistant United States Attorney (Karl N. Metzner and
Won S. Shin, Assistant United States Attorneys, on the brief), for Audrey
Strauss, Acting United States Attorney for the Southern District of 18New York, New York, NY
Defendant's Attorney:
Re: MoreLaw National Jury Verdict and Settlement
Counselor:
Description:
Outcome: We cannot say, given the circumstances of this case, that the district court
3 clearly erred in determining that the original sentencing court had based Mr.
4 Savoca’s punishment on the ACCA’s enumerated clause, rather than the residual
5 clause that Johnson held was unconstitutional. Therefore, AEDPA bars Mr. Savoca
6 from filing a second, successive habeas petition. 28 U.S.C. §§ 2244(b)(2), 2255(h).
7 Accordingly, the district court’s dismissal of Mr. Savoca’s petition under 28 U is AFFIRMED
Plaintiff's Experts:
Defendant's Experts:
Comments: