In re: Gary Baptiste, No. 16-13959 (11th Cir. 2016)Annotate this Case
Petitioner filed an application seeking an order authorizing the district court to consider a second or successive motion to vacate, set aside, or correct his federal sentence pursuant to 28 U.S.C. 2255(h) and 2244(b)(3)(A). Petitioner challenged his convictions under 18 U.S.C. 924(c) and 924(o) for using a firearm during a drug trafficking crime and conspiracy to possess a firearm in furtherance of a drug trafficking crime. Where the court has already denied an application for leave to file a second or successive motion under section 2255 on the merits, the court is required by statute and its caselaw to reject a subsequent application raising the same claim. In this case, petitioner's application does no more than restate his previous claim and argue that the court's order rejecting that claim was erroneous. Therefore, the court denied the application.
The court issued a subsequent related opinion or order on June 6, 2017.