562 U. S. ____ (2011)

ASHBEL T. WALL, II, DIRECTOR, RHODE ISLAND
DEPARTMENT OF CORRECTIONS, PETI-
TIONER v. KHALIL KHOLI

on writ of certiorari to the united states court of appeals for the first circuit

Justice Scalia , concurring in part.

The Court holds that the term “collateral review” in 28 U. S. C. §2242(d)(2) means review that is not direct, ante , at 5, and that a motion under Rhode Island’s Rule 35 seeks collateral review, ante , at 9. Because I agree with those conclusions, I cannot join footnote 3 of the Court’s opinion, ante , at 9, n. 3, which declines to decide whether a Rule 35 motion seeks direct review.