Gino Velez Scott v. United States
Where a numerically-second § 2255 motion raises an actionable Brady/Giglio violation that (a) the government suppressed until after the conclusion of the defendant's numerically-first § 2255 motion, and (b) the defendant could not have discovered until the government revealed it, does the Constitution and this Court's precedent require that the numerically-second § 2255 motion not be subjected to the "gatekeeping" requirements of a "second or successive" motion?
Where a numerically-second § 2255 motion raises an actionable Brady-Giglio violation that the government suppressed until after the conclusion of the defendant's numerically-first § 2255 motion, and the defendant could not have discovered it until the government revealed it, does the Constitution and this Court's precedent require that the numerically-second § 2255 motion not be subjected to the 'gatekeeping' requirements of a 'second or successive' motion?