Second 2255 was "Second or Successive" Despite Intervening 3582 Motion

United States v. Quary, 2018 WL 718608 (10th Cir. February 6, 2018) (KS): Quary filed a 18 U.S.C. § 3582(c)(2) motion and was successful in getting his life sentence reduced to 420 months. He then filed a § 2255 motion - his second. He argued it was not a second or successive petition because the § 3582(c)(2) reduction was a resentencing which qualified as a new, intervening judgment. No, said the panel, it does not. Section 3582(c)(2) authorizes only a limited adjustment to an otherwise final sentence and is not a plenary resentencing proceeding. Quary does not get a certificate of appealability.