May 6, 2014 4th Circuit published opinion

In re Vassell

Vassell sought permission to bring a successive challenge to his sentence under 28 USC 2255(h). The panel denied his request. It held the right he sought to argue, that juveniles may be sentenced to mandatory life with parole sentences, was available to him under a 2010 Supreme Court decision. As he did seek permission then to raise his claim, it was time barred. The panel held that 2255(h) allowed ti to consider whether the petition would be time barred to avoid exercises in futility.

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