Eleventh Circuit: Ace Patterson v. Secretary, Florida Department of Corrections

Habeas, AEDPA

Partial vacatur of sentence without formal resentencing resets the AEDPA clock, and subsequent collateral attacks are therefore not second/successive.  Circuit split flagged relative to precedent.

Concurrence: Yep.

Dissent: Nope.

http://media.ca11.uscourts.gov/opinions/pub/files/201212653.pdf