nalysis, in the recent case of Individual Known to Defendant As 08MIST096.JPG and 08mist067.ing v. Fa'so, 2009 WL 4807537 (N.D. N.Y. Dec. 9, 2009), the Federal Northern District New York Court addressed the issue of whether §2255 is a civil or criminal statute for purposes of the constitutional prohibition against double jeopardy. The New