Willie Carter v. United States, 150 F.3d 202 (2d Cir. 1998). · Go Syfert
Willie Carter v. United States, 150 F.3d 202 (2d Cir. 1998). Cases Citing This Book View Copy Cite
57 citation events (50 in the last 25 years) across 19 distinct courts.
Strongest positive: Reginald Burrell v. Catrina Hooks-Robbins (almd, 2026-01-26)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (rule) Reginald Burrell v. Catrina Hooks-Robbins (2×) also: Cited "see, e.g."
M.D. Ala. · 2026 · signal: cf. · confidence medium
Ala. Feb. 28, 2013); cf. Carter v. United States, 150 F.3d 202, 203 (2d Cir. 1998) (clarifying that “the denial of an initial § 2255 motion on grounds of procedural default (i.e., for failure to raise a claim on direct appeal, which failure is not excused by a showing of cause and prejudice) constitutes a disposition on the merits, such that any subsequent § 2255 motion will require authorization pursuant to §§ 2255 and 2244(b)(3)(A)”).
cited Cited as authority (rule) Fikes v. Warden, Marion Correctional Institution
S.D. Ohio · 2025 · confidence medium
In re Cook, 215 F.3d 606, 608 (6th Cir. 2000); Carter v. United States, 150 F.3d 202, 205-06 (2nd Cir. 1998).
cited Cited as authority (rule) Ramirez v. Chambers-Smith
S.D. Ohio · 2022 · confidence medium
In re Cook, 215 F.3d 606, 608 (6th Cir. 2000); Carter v. United States, 150 F.3d 202, 205-06 (2nd Cir. 1998).
discussed Cited as authority (rule) Williams v. Jones
S.D. Ala. · 2022 · confidence medium
Ala. Feb. 28, 2013); Carter v. United States, 150 F.3d 202, 205-06 (2d Cir. 1998) (holding that denial on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition “second or successive” for purposes of the AEDPA); Henderson v. Lampert, 396 F.3d 1049, 1053 (9th Cir. 2005) (same); In re Cook, 215 F.3d 606, 608 (6th Cir. 2000) (habeas petition dismissed based on procedural default counts as a prior petition because petitioner is incapable of curing defect underlying the district court’s judgment); see generally Dunn v. Singletary, …
discussed Cited as authority (rule) Luckey v. Hooks
W.D.N.C. · 2020 · confidence medium
Mar. 10, 2015) (Whitney, C.J.), dismissed, 603 F. App'x 208 (4th Cir. 2015). “[A] dismissal ‘on grounds of procedural default . . . renders a subsequent § 2254 petition . . . “second or successive” for purposes of the AEDPA.’” Gandarilla v. Artuz, 332 F.3d 182, 186 (2d Cir. 2003) (quoting Carter v. United States, 150 F.3d 202, 205-06 (2d Cir. 1998)); see also Harvey v. Horan, 278 F.3d 370, 380 (4th Cir. 2002) (stating that “a dismissal for procedural default is a dismissal on the merits.”), abrogated on other grounds by Skinner v. Switzer, 562 U.S. 521 (2011).
cited Cited as authority (rule) Saag v. Warden, Chillicothe Correctional Institution
S.D. Ohio · 2019 · confidence medium
See Jn re Cook, 215 F.3d 606, 608 (6th Cir. 2000) (involving procedural-default dismissal); Carter v. United States, 150 F.3d 202, 205-06 (2d Cir. 1998) (same).
discussed Cited as authority (rule) Brooks v. Hanson
10th Cir. · 2018 · confidence medium
See Henderson v. Lampert, 396 F.3d 1049, 1053 (9th Cir. 2005); Carter v. United States, 150 F.3d 202, 205-06 (2d Cir. 1998) (per curiam); see also Parkhurst v. Wilson, 525 F. App’x 736, 737 (10th Cir. 2013); Hill v. Daniels, 504 F. App’x 683, 688 (10th Cir. 2012); Schwartz v. Neal, 228 F. App’x 814, 816 (10th Cir. 2007) (per curiam); cf. Hawkins v. Evans, 64 F.3d 543, 547 (10th Cir. 1995) (concluding that dismissal based on procedural default was on the merits under pre-AEDPA successive petition doctrine).
cited Cited as authority (rule) United States v. James Mabry
3rd Cir. · 2011 · signal: cf. · confidence medium
Cf. Carter v. United States, 150 F.3d 202, 205-06 (2d Cir. 1998).
cited Cited as authority (rule) United States v. Clifford Fake
3rd Cir. · 2011 · confidence medium
Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998).
discussed Cited as authority (rule) Bell v. North Dakota
D.N.D. · 2008 · confidence medium
Shaw v. Delo, 971 F.2d 181, 184 (8th Cir.1992); Graham v. Costello, 299 F.3d 129, 133 (2d Cir.2002); In re Cook, 215 F.3d 606, 608 (6th Cir.2000); Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998).
discussed Cited as authority (rule) Schwartz v. Neal
10th Cir. · 2007 · confidence medium
Finally, contrary to Petitioner’s assertions, the twelve claims raised in his first § 2254 petition that were denied based on state procedural default grounds “eonstitute[d] a disposition on the merits and thus render[ed] a subsequent § 2254 petition or § 2255 motion ‘second or successive’ for purposes of the AEDPA.” Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998) (per curiam); see Henderson v. Lampert, 396 F.3d 1049, 1053 (9th Cir.), cert. denied, 546 U.S. 884 , 126 S.Ct. 199 , 163 L.Ed.2d 189 (2005) (same); cf. Hawkins v. Evans, 64 F.3d 543, 547 (10th cir.1995) (conc…
cited Cited as authority (rule) Henderson v. Lampert
9th Cir. · 2005 · confidence medium
Carter v. United States, 150 F.3d 202, 205 (2d Cir. 1998) (per curiam).
cited Cited as authority (rule) John K. Henderson v. Robert O. Lampert
9th Cir. · 2005 · confidence medium
Carter v. United States, 150 F.3d 202, 205 (2d Cir.1998) (per curiam).
discussed Cited as authority (rule) Lewis Altman, Jr., Applicant v. Daniel J. Benik, Warden
7th Cir. · 2003 · confidence medium
So, petitions that have been denied on the merits, see, e.g., In re Page, 179 F.3d 1024, 1025 (7th Cir.1999), that the petitioner voluntarily dismisses in the face of an imminent loss, Potts v. United States, 210 F.3d 770, 771 (7th Cir.2000); Felder v. McVicar, 113 F.3d 696, 698 (7th Cir.1997), or that have been denied based on a procedural default, In re Cook, 215 F.3d 606, 608 (6th Cir.2000); Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998), do count as prior petitions because the petitioner is incapable of curing the defect underlying the district court’s judgment.
discussed Cited as authority (rule) Altman, Lewis v. Benik, Daniel
7th Cir. · 2003 · confidence medium
So, petitions that have been denied on the merits, see, e.g., In re Page, 179 F.3d 1024, 1025 (7th Cir. 1999), that the petitioner voluntarily dismisses in the face of an imminent loss, Potts v. United States, 210 F.3d 770, 771 (7th Cir. 2000); Felder v. McVicar, 113 F.3d 696, 698 (7th Cir. 1997), or that have been denied based on a procedural default, In re Cook, 215 F.3d 606, 608 (6th Cir. 2000); Carter v. United States, 150 F.3d 202, 205-06 (2d Cir. 1998), do count as prior petitions because the petitioner is incapable of curing the defect underlying the district court’s judgment.
discussed Cited as authority (rule) Dennis Gandarilla v. Christopher Artuz, Superintendent (2×) also: Cited "see, e.g."
2d Cir. · 2003 · confidence medium
This Court, if it receives an application for leave to file, will face a similar dilemma and will likely remand for a determination by the district judge as to the grounds of the prior dismissal, see, e.g., Carter v. United States, 150 F.3d at 205 (“we have remanded to the district court for a determination of whether a proposed motion or petition is indeed ‘second or successive’ when it was unclear ... whether the prior habeas petition was dismissed on the merits”).
discussed Cited as authority (rule) Marcus Graham v. Joseph M. Costello, Esq., Superintendent
2d Cir. · 2002 · confidence medium
Conversely, when a prior petition is denied because the claim raised is procedurally defaulted (i.e., the petitioner failed to raise the claim on direct appeal and has not made a showing of cause and prejudice for that failure), the denial is “on the merits,” rendering a subsequently filed petition “second or successive.” See Carter, 150 F.3d at 205-06 (“[A] denial on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition or § 2255 motion ‘second or successive’ for purposes of the AEDPA.”); cf. Hawkins v. Evans, 64 …
discussed Cited as authority (rule) Jones v. Senkowski
2d Cir. · 2002 · confidence medium
We note that "a denial on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition ... 'second or successive’ for purposes of the AEDPA.” Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998) (per cu-riam).
discussed Cited as authority (rule) Rudenko v. Costello (2×)
2d Cir. · 2002 · confidence medium
Further, with respect to any second or successive petition, AEDPA requires the dismissal of a claim if it was presented in a prior application, see id. § 2244(b)(1), and requires the dismissal of even a claim not asserted in a prior petition if the petitioner does not make certain showings as to the claim's factual predicates or the applicable law, see id. § 2244(b)(2). 142 While these requirements would plainly be applicable to a petition filed after the dismissal of a habeas petition on its merits, or to one filed after a dismissal on the ground of procedural default, see, e.g., Carter v. …
discussed Cited as authority (rule) Rudenko v. Costello (2×)
2d Cir. · 2002 · confidence medium
While these requirements would plainly be applicable to a petition filed after the dismissal of a habeas petition on its merits, or to one filed after a dismissal on the ground of procedural default, see, e.g., Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998) (“a denial on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition or § 2255 motion ‘second or successive’ for purposes of the AEDPA”), they do not apply if the prior petition was dismissed on the ground of failure to exhaust state remedies.
discussed Cited as authority (rule) James Harvey v. Robert F. Horan, Jr., Commonwealth's Attorney, County of Fairfax, Jennifer Thompson Karen R. Pomer Jeri Elster, Amici Curiae (2×)
4th Cir. · 2002 · confidence medium
See, e.g., In re Cook, 215 F.3d 606, 608 (6th Cir.2000); Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998); Hawkins v. Evans, 64 F.3d 543, 547 (10th Cir.1995); Bates v. Whitley, 19 F.3d 1066, 1067 (5th Cir.1994); Howard v. Lewis, 905 F.2d 1318, 1322-23 (9th Cir.1990).
discussed Cited as authority (rule) Harvey v. Horan
4th Cir. · 2002 · confidence medium
See, e.g., In re Cook, 215 F.3d 606, 608 (6th Cir. 2000); Carter v. United States, 150 F.3d 202, 205-06 (2d Cir. 1998); Hawkins v. Evans, 64 F.3d 543, 547 (10th Cir. 1995); Bates v. Whitley, 19 F.3d 1066, 1067 (5th Cir. 1994); Howard v. Lewis, 905 F.2d 1318, 1322-23 (9th Cir. 1990).
discussed Cited as authority (rule) Billy Ray Littlejohn v. Christopher Artuz
2d Cir. · 2001 · confidence medium
See also Rodriguez v. Mitchell, 252 F.3d 191, 198-200 (2d Cir.2001) (holding that a 60(b) motion to vacate a judgment denying habe-as relief is not a second or successive petition); Carter v. United States, 150 F.3d 202, 205 (2d Cir.1998) (a prior procedural default is a disposition on the merits such that a subsequent petition is successive); Galtieri v. United States, 128 F.3d 33, 37 (2d Cir.1997); Chambers v. United States, 106 F.3d 472, 474 (2d Cir.1997).
cited Cited as authority (rule) Aparicio v. Artuz
2d Cir. · 2001 · confidence medium
Id. (citing Carter v. United States, 150 F.3d 202, 205-06 (2d Cir. 1998)).
cited Cited as authority (rule) Aparicio v. Artuz
2d Cir. · 2001 · confidence medium
Id. (citing Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998)).
discussed Cited as authority (rule) Mathilde Muniz v. United States
2d Cir. · 2001 · confidence medium
In re Page, 179 F.3d 1024, 1025 (7th Cir.1999); see Corrao v. United States, 152 F.3d 188, 191 (2d Cir.1998) (holding that “a § 2255 petition is ‘second or successive’ if a prior § 2255 petition, raising claims regarding the same conviction or sentence, has been decided on the merits” (citations omitted)); Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998) (since denial of first petition on grounds of procedural default “constitutes a disposition on the merits,” that disposition “thus renders a subsequent [habeas or § 2255 petition] ‘second or successive’ for purp…
cited Cited as authority (rule) Stone v. Stinson
W.D.N.Y. · 2000 · confidence medium
Murray v. Carrier, 477 U.S. 478, 490-91 , 106 S.Ct. 2639 , 91 L.Ed.2d 397 (1986); Carter v. United States, 150 F.3d 202, 205 (2d Cir.1998).
discussed Cited as authority (rule) In Re: Benedict Joseph Cook, Iii, Movant
6th Cir. · 2000 · confidence medium
Although other Circuits have held that a dismissal for procedural default is a dismissal “on the merits,” see, e.g., Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998) (procedural default for failure to raise issue during trial or direct appeal); Bates v. Whitley, 19 F.3d 1066, 1067 (5th Cir.1994) (procedural default for failure to comply with state’s contemporaneous objection rule), we have yet to rule explicitly that when a prisoner’s first habe-as application is dismissed for procedural default arising from failure to exhaust state remedies where the statute of limitations …
discussed Cited as authority (rule) In re: Benedict Cook v.
6th Cir. · 2000 · confidence medium
Although other • the factual predicate for the claim could not have Circuits have held that a dismissal for procedural default is a been discovered previously through the exercise of dismissal “on the merits,” see, e.g., Carter v. United States, due diligence, and the facts underlying the claim, if 150 F.3d 202, 205-06 (2d Cir. 1998) (procedural default for proven and viewed in light of the evidence as a failure to raise issue during trial or direct appeal); Bates v. whole, would be sufficient to establish by clear and Whitley, 19 F.3d 1066, 1067 (5th Cir. 1994) (procedural convincing ev…
cited Cited as authority (rule) Johnson v. Walker
W.D.N.Y. · 1999 · confidence medium
Murray v. Carrier, 477 U.S. 478, 490-91 , 106 S.Ct. 2639 , 91 L.Ed.2d 397 (1986); Carter v. United States, 150 F.3d 202, 205 (2d Cir.1998).
discussed Cited as authority (rule) United States v. White
W.D. Tenn. · 1999 · confidence medium
Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998) (holding that AEDPA strengthens pre-AEDPA decisions requiring successive petition treatment); Howard v. Lewis, 905 F.2d 1318, 1322 (9th Cir.1990). 2 Defendant has had a decision on the merits of his Bailey claim because the United States Court of Appeals for the Fourth Circuit has held three times that he has no constitutional right to consideration of that claim.
cited Cited as authority (rule) McCool v. New York State
W.D.N.Y. · 1998 · confidence medium
Murray v. Carrier, 477 U.S. 478, 490-91 , 106 S.Ct. 2639 , 91 L.Ed.2d 397 (1986); Carter v. United States, 150 F.3d 202, 205 (2d Cir.1998).
discussed Cited "see" Nestman v. McIntosh
N.D.N.Y. · 2021 · signal: see · confidence high
See Carter v. United States, 150 F.3d 202, 205-206 (2d Cir. 1998) (holding that "a denial on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition . . . 'second or successive' for purposes of the AEDPA.").
discussed Cited "see" Tolliver v. Capra
N.D.N.Y. · 2021 · signal: see · confidence high
See Carter v. United States, 150 F.3d 202, 205-206 (2d Cir. 1998) (holding that "a denial on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition . . . 3 Petitioner filed three petitions challenging his 1994 judgment of conviction in Onondaga County for second degree murder and second degree criminal possession of a weapon.
cited Cited "see" Santos v. United States
S.D.N.Y. · 2020 · signal: see · confidence high
See Carter v. United States, 150 F.3d 202, 205-06 (2d Cir. 1998).
discussed Cited "see" Parkhurst v. Wilson
10th Cir. · 2013 · signal: see · confidence high
See Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998) (per curiam); see also Henderson v. Lampert, 396 F.3d 1049, 1053 (9th Cir.2005); cf. Hawkins v. Evans, 64 F.3d 543, 547 (10th Cir.1995) (concluding that dismissal based on procedural default was on the merits under pre-AEDPA successive petition doctrine).
cited Cited "see" Kevin Turner v. Christopher Artuz
2d Cir. · 2001 · signal: see · confidence high
See Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998) (per curiam) (“[A] denial on grounds of procedural default constitutes a disposition on the merits_”).
discussed Cited "see, e.g." SHAY v. ZAKEN
W.D. Pa. · 2023 · signal: see also · confidence medium
Pa. Dec. 6. 2007) (“For purposes of habeas corpus attacks on state custody, the concept of ‘dismissal with prejudice’ vis-a-vis the second or successive rule means either: ... that the prior case was dismissed on grounds of procedural default.” (emphasis in original)); see also Carter v. United States, 150 F.3d 202, 205-06 (2d Cir. 1998) (joining other circuit courts of appeals in holding that “a denial on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition or § 2255 motion ‘second or successive’ for purposes of th…
discussed Cited "see, e.g." GRAHAM v. OBERLANDER
E.D. Pa. · 2020 · signal: see also · confidence medium
Pa. Dec. 6. 2007) (“For purposes of habeas corpus attacks on state custody, the concept of ‘dismissal with prejudice’ vis-à-vis the second or successive rule means either: . . . that the prior case was dismissed on grounds of procedural default.” (emphasis in original)); see also Carter v. United States, 150 F.3d 202, 205 (2d Cir. 1998) (joining other circuit courts of appeals in holding that “a denial on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition or § 2255 motion ‘second or successive’ for purposes of th…
discussed Cited "see, e.g." Frankenberry v. Court of Common Pleas of Fayette County, PA
3rd Cir. · 2010 · signal: see also · confidence medium
Jan. 27, 1992); see also, e.g., Carter v. United States, 150 F.3d 202, 205-06 (2d Cir. 1998) (a denial based on a procedural default not overcome by a showing of cause and prejudice constitutes an adjudication on the merits). .
discussed Cited "see, e.g." Frankenberry v. Court of Common Pleas of Fayette County, PA
3rd Cir. · 2010 · signal: see also · confidence medium
Jan. 27, 1992); see also, e.g., Carter v. United States, 150 F.3d 202, 205-06 (2d Cir. 1998) (a denial based on a procedural default not overcome by a showing of cause and prejudice constitutes an adjudication on the merits). .
discussed Cited "see, e.g." Rosario v. United States
S.D.N.Y. · 2008 · signal: see also · confidence medium
See also Carter v. United States, 150 F.3d 202, 202 (2d Cir.1998) (petition filed after denial of first petition on the merits was a second or successive petition that must be certified by Court of Appeals); Haouari v. United States, 510 F.3d 350, 352 (2d Cir. 2007) (Anti-Terrorism and Effective Death Penalty Act requires an applicant who wishes to file a successive petition to first “move in the appropriate court of appeals for an order authorizing the district court to consider the application”).
discussed Cited "see, e.g." In re: Abdur'Rahman v.
6th Cir. · 2004 · signal: see also · confidence medium
Despite Abdur’Rahman’s efforts to characterize the dismissal of his petition for procedural default as a purely procedural dismissal that failed to reach the merits of his claim, we have Nos. 02-6547/6548 In re Abdur’Rahman Page 12 consistently held that procedural default determinations are “on the merits.” See In re Cook, 215 F.3d 606, 608 (6th Cir. 2000); see also Carter v. United States, 150 F.3d 202, 205-06 (2d Cir. 1998); Bates v. Whitley, 19 F.3d 1066, 1067 (5th Cir. 1994).
discussed Cited "see, e.g." In Re Abu-Ali Abdur'rahman, Movant. Abu-Ali Abdur'rahman v. Ricky Bell, Warden (2×)
6th Cir. · 2004 · signal: see also · confidence medium
Despite Abdur'Rahman's efforts to characterize the dismissal of his petition for procedural default as a purely procedural dismissal that failed to reach the merits of his claim, we have consistently held that procedural default determinations are "on the merits." See In re Cook, 215 F.3d 606, 608 (6th Cir.2000); see also Carter v. United States, 150 F.3d 202, 205-06 (2d Cir.1998); Bates v. Whitley, 19 F.3d 1066, 1067 (5th Cir.1994).
Retrieving the full opinion text from the archive…
Willie CARTER, Petitioner,
v.
UNITED STATES of America, Respondent
Docket 98-3528.
Court of Appeals for the Second Circuit.
Jul 21, 1998.
150 F.3d 202
1998 U.S. App. LEXIS 16474
1998 WL 406046
Willie Carter, pro se, White Deer, PA., Joseph C.' Hutchison, Assistant United States Attorney for the District of Connecticut, New Haven, CT.
Oakes, Meskill, Cabranes.
Cited by 50 opinions  |  Published
PER CURIAM:

Petitioner Willie Carter, pro se, moves pursuant to 28 U.S.C. § 2244(b)(3)(A) for an order authorizing the district court to consider a second or successive motion for a writ of habeas corpus brought under 28 U.S.C. § 2255. We write to clarify that the denial of an initial § 2255 motion on grounds of procedural default (ie., for failure to raise a claim on direct appeal, which failure is not excused by a showing of cause and prejudice) constitutes a disposition on the merits, such that any subsequent § 2255 motion will require authorization pursuant to §§ 2255 and 2244(b)(3)(A). Furthermore, the fact that a subsequent motion raises new grounds for relief has no bearing on this requirement. In this case, because the statutory requirements of §§ 2244 and 2255 are not satisfied, authorization is denied.

I.

In 1991, Carter was convicted in the United States District Court for the District of Connecticut (Peter C. Dorsey, Judge) for possession of a firearm as a convicted felon and was sentenced to a 235-month term of imprisonment. Carter was represented by counsel at trial and in his direct appeal. That appeal was unsuccessful, see United States v. Carter, 979 F.2d 846 (2d Cir.1992) (table) (affirming district court).

In 1993, Carter filed a pro se § 2255 motion challenging his conviction on the sole ground that the indictment was defective because the grand jury was not comprised of a “fair and representative cross-section of the public.” The district court denied the § 2255 motion on grounds of procedural default— that is, because Carter neither raised the grand jury issue at trial or on appeal, nor demonstrated cause for and prejudice arising from his failure to do so. Carter did not appeal the district court’s denial of the motion.

[*204] On May 7, 1998, Carter filed in this Court the instant authorization motion, [1] challenging his 1991 conviction on three new grounds: (1) improper enhancement of his sentence, under 18 U.S.C. § 924(e), because his civil rights have been restored with respect to the three prior state convictions upon which the sentencing enhancement was based; [2] (2) improper enhancement of his sentence because his prior judgments of conviction had been entered pursuant to allegedly involuntary guilty pleas, see Boykin v. Alabama, 395 U.S. 288, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); and (3) ineffective assistance of trial and appellate counsel. [3] The motion brought no new evidence to our attention, and Carter’s memorandum of law does not refer to any new principles of constitutional law. See 28 U.S.C. § 2255 ¶8 (limiting authorization to second or successive motions based on new evidence or new constitutional law).

II.

The Antiterrorism and Effective Death Penalty Act, Pub.L. No. 104-132, 110 Stat. 1214 (1996) (“AEDPA”), amended 28 U.S.C. § 2255 to require a movant, prior to filing a second or successive motion for habeas corpus relief in the district court, to obtain an order from the relevant Court of Appeals authorizing consideration by a district court of that motion. See 28 U.S.C. §§ 2255 ¶ 8, 2244(b)(3)(A). Authorization will be granted only if the second or successive motion is based on:

(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable fact finder would have found the movant guilty of the offense, or
(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.

28 U.S.C. § 2255 ¶ 8.

However, “[t]he AEDPA does not define ‘second or successive motion’ in [section 2255] or ‘second or successive habeas corpus application’ in [section 2254].” Galtieri v. United States, 128 F.3d 33, 37 (2d Cir.1997). In our efforts to define the meaning and scope of these terms, we have recognized instances in which a subsequent § 2255 motion or § 2254 petition was not properly considered “second or successive.” See, e.g., id. at 37-38 (holding that when a first § 2255 motion succeeds in obtaining a sentence amendment, a subsequent motion will be considered a “first” motion to the extent that it challenges a new or amended component of the sentence, and a “second” motion to the extent that it challenges either a component of the original, unamended sentence or the underlying conviction); Chambers v. United States, 106 F.3d 472, 474 (2d Cir.1997) (“[A] petition asserting a claim to relief available under 28 U.S.C. § 2255 is not a ‘second or successive’ application where the prior petitions) sought relief available only under 28 U.S.C. § 2241.”); Camarano v. Irvin, 98 F.3d 44, 47 (2d Cir.1996) (“[A] petition filed after a prior petition is dismissed without prejudice for failure to exhaust state remedies is not a ‘second or successive’ petition within the meaning of § 2244,” because there[*205] has been no federal adjudication on the merits). [4] Additionally, we have remanded to the district court for a determination of whether a proposed motion or petition is indeed “second or successive” when it was unclear (1) whether the prior habeas petition was dismissed on the merits or (2) whether the prior habeas petition even addressed the same conviction that was the subject of the assert-edly successive petition. See Thomas v. Superintendent, 136 F.3d 227, 229 (2d Cir.1997).

The authorization motion now before us falls outside the scope of our prior rulings. Carter’s first unsuccessful motion, in 1993, was made pursuant to § 2255 and it was not dismissed without prejudice or for failure to exhaust. Moreover, the 1993 motion and the instant motion both clearly challenge the same conviction. The question presented, therefore, is whether the denial of Carter’s first motion for procedural default was a disposition on the merits for purposes of the AEDPA’s second or successive motion provisions. Mindful of the law of other circuits relating to procedural default and successive petitions under § 2254, as well as of the evolution of habeas law prior to' passage of the AEDPA, we answer this question in the affirmative.

Our sister circuits have held that the denial of a first § 2254 petition for procedural default, which default is not overcome by a showing of cause and prejudice, “must be regarded as a determination on the merits in examining whether a subsequent petition is successive.” Bates v. Whitley, 19 F.3d 1066, 1067 (5th Cir.1994); accord Hawkins v. Evans, 64 F.3d 543, 546-47 (10th Cir.1995) (quoting Bates); Howard v. Lems, 905 F.2d 1318, 1322-23 (9th Cir.1990) (dismissal for procedural default, unlike dismissal for failure to exhaust state remedies, is a disposition on the merits); cf. Shaw v. Delo, 971 F.2d 181, 184 (8th Cir.1992) (holding that a district court may review successive or abusive claims but only if petitioner establishes cause and prejudice). Although these decisions predate the AEDPA and concerned § 2254 petitions, the petition-limiting rules they interpreted were equally applicable to successive § 2255 motions and have since been codified, and even strengthened, by .the AEDPA. [5] Accordingly, we hold that a denial[*206] on grounds of procedural default constitutes a disposition on the merits and thus renders a subsequent § 2254 petition or § 2255 motion “second or successive” for purposes of the AEDPA.

Furthermore, although Bates and its companions addressed successive petitions based on previously raised grounds, and Carter advances in his successive motion new grounds not previously raised, that distinction does not affect our conclusion that a denial of a first motion or petition on grounds of procedural default causes a subsequent motion or petition to come within the ambit of the.AEDPA’s “second or successive” provisions. Cf . McCleskey v. Zant, 499 U.S. 467, 489-95, 111 S.Ct. 1454, 113 L.Ed.2d 517 (1991) (effectively eliminating former distinction between new and previously heard grounds by collapsing tests for procedural default and abuse of the writ).

III.

Finding the instant proposed § 2255 motion to be a second or successive motion, we conclude that authorization is not warranted under the AEDPA because Carter’s claims are clearly based neither on newly discovered evidence nor on a new rule of constitutional law. Accordingly, the authorization motion must be, and hereby is, denied.

1

. Title 28 U.S.C. § 2244(b)(3)(D) requires courts of appeals "to grant or deny the authorization to file a second or successive application not later than 30 days after the filing of the motion.” Thus, a decision on Carter’s motion was required by June 8, 1998. See Fed. R.App. P. 26(a) (governing computation of time). The motion was submitted to this panel on June 3, 1998, but we have delayed a final disposition in order to prepare a published opinion. We have previously held that the § 2244(b) deadline is tolled "where an issue requires a published opinion that cannot reasonably be prepared within 30 days.” Thomas v. Superintendent, 136 F.3d 227, 230 (2d Cir.1997) (citation omitted).

2

. Petitioner’s articulation of this ground is less than clear. In any event, 18 U.S.C. § 924(e) specifies a minimum sentence for persons found guilty of interstate transportation of firearms under 18 U.S.C. § 922(g) who also have three prior convictions for violent felonies or serious drug offenses.

3

.In November 1997, Carter raised all three claims in the district court in a motion for a writ of error coram nobis. However, he subsequently conceded that the claims constituted a "second or successive” application for habeas relief and agreed to seek authorization from this Court. The district court then transferred the motion for a writ of coram nobis to this Court pursuant to Liriano v. United States, 95 F.3d 119, 123 (2d Cir.1996) (per curiam), resulting in the filing of the present motion.

4

. Accord Stewart v. Martinez-Villareal, - U.S. --,-, 118 S.Ct. 1618, 1621-22, 140 L.Ed.2d 849 (1998) (analogizing dismissal of a competency claim as premature to dismissal for failure to exhaust state remedies and holding that the renewed competency claim was not “second or successive"); McWilliams v. Colorado, 121 F.3d 573, 575 (10th Cir.1997) (agreeing with "every circuit that has considered this issue since enactment of the [AEDPA that] a habeas petition filed after a prior petition is dismissed without prejudice for failure to exhaust state remedies does not qualify as a ‘second or successive application’ ”); Christy v. Horn, 115 F.3d 201, 208 (3d Cir.1997) (same); In re Turner, 101 F.3d 1323, 1323 (9th Cir.1997) (same).

5

. Bates, Hawkins, Howard and Shaw relied on the successive petition rule enunciated in Sanders v. United States, 373 U.S. 1, 83 S.Ct., 1068, 10 L.Ed.2d 148 (1963), and Rule 9(b) of the Rules Governing § 2254 Cases, as amended by Pub.L. 94-426, §§ 2(7), (8), 90 Stat. 1335 (Sept. 28, 1978). Sanders informed district courts that

[controlling weight may be given to denial of a prior application for federal habeas corpus or § 2255 relief only if (1) the same ground presented in the subsequent application was determined adversely to the applicant on the prior application, (2) the prior determination was on the merits, and (3) the ends of justice would not be served by reaching the merits of the subsequent application.

373 U.S. at 15, 83 S.Ct. 1068. Echoing Sanders, in 1976, Congress amended Rule 9(b) of the Rules Governing § 2254 Cases to provide that

[a] second or successive petition may be dismissed if the judge finds that it fails to allege new or different grounds for relief and the prior determination was on the merits or, if new and different grounds are alleged, the judge finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.

Rule 9(b) of the Rules Governing § 2255 Proceedings was similarly amended.

The AEDPA did not change either Rule 9(b), although it did eliminate, for § 2254 petitions, Sanders's "ends of justice” provision permitting review of previously considered claims, see 28 U.S.C. § 2244(b)(1) ("A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed."). More generally, the Supreme Court has observed that "[t]he added restrictions which [the AEDPA] places on second habeas petitions are well within the compass of [the pre-existing] evolutionary process” of habeas corpus jurisprudence. Felker v. Turpin, 518 U.S. 651, 664, 116 S.Ct. 2333, 135 L.Ed.2d 827 (1996); cf. Esposito v. United States, 135 F.3d 111, 113 (2d Cir.1997) ("Generally, we look to 'abuse of the writ' jurisprudence to inform [the] wording” "second or successive”).