United States v. Rodriguez Cuya, No. 15-10491 (11th Cir. 2020)
Annotate this CaseThe Eleventh Circuit affirmed the district court's denial of defendant's motions for preliminary discovery in anticipation of an as-yet unfiled 28 U.S.C. 2255 petition. The court held that a defendant who has not yet filed a section 2255 motion to vacate a conviction or sentence is not entitled to discovery. The court wrote that its case law has long established that there is no legal basis for defendant to seek discovery from the district court before filing his motion to vacate his conviction.
This opinion or order relates to an opinion or order originally issued on February 2, 2018.
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