Habeas for ineffective assistance denied.
Deft asked counsel to negotiate plea, counsel told deft that he did, but didn't in fact negotiate, as he thought it would be futile.
District court denial of second/successive construed as application to Circuit to file.
This is the third petition, second was construed as joint habeas/60(b), dismissed as to both.
Third cannot be construed as first in time due to unavailability of evidence for claim in the earlier petition -- congressional intent, among other things.
http://media.ca1.uscourts.gov/pdf.opinions/13-2418P-01A.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.