378
Opinion of the Court
(1) On July 5, 1994, Castro filed a pro se motion attacking his federal drug conviction, a motion that he called a Rule 33 motion for a new trial. See Fed. Rule Crim. Proc. 33. (2) The Government, in its response, said that Castro's claims were "more properly cognizable" as federal habeas corpus claims, i. e., claims made under the authority of 28 U. S. C. § 2255. But, the Government added, it did not object to the court's considering Castro's motion as having invoked both Rule 33 and § 2255. (3) The District Court denied Castro's motion on the merits. In its accompanying opinion, the court generally referred to Castro's motion as a Rule 33 motion; but the court twice referred to it as a § 2255 motion as well. App. 137-144. (4) Castro, still acting pro se, appealed, but he did not challenge the District Court's recharacterization of his motion. (5) The Court of Appeals summarily affirmed. It said in its one-paragraph order that it was ruling on a motion based upon both Rule 33 and § 2255. Judgt. order reported at 82 F. 3d 429 (CA11 1996); App. 147.
B
The relevant facts surrounding the 1997 motion are the following: (1) On April 18, 1997, Castro, acting pro se, filed what he called a § 2255 motion. The motion included claims not raised in the 1994 motion, including a claim of ineffective assistance of counsel. (2) The District Court denied the motion; Castro appealed; and the Court of Appeals remanded for further consideration of the ineffective-assistance-of-counsel claim. It also asked the District Court to consider whether, in light of the 1994 motion, Castro's motion was his second § 2255 motion, rather than his first. (3) On remand, the District Court appointed counsel for Castro. It then decided that the 1997 motion was indeed
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