Court of Appeals for the Second Circuit May 4, 2004, 03-2373 (Roy William Harris v. United States)

JACOBS, Circuit Judge.

In April 2001, appellant Roy William Harris filed a second petition for habeas corpus relief, alleging for the first time that counsel in his direct appeal had been constitutionally ineffective in failing to appeal two alleged sentencing errors. Pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C.