Steiner v. United States, No. 17-15555 (11th Cir. 2019)
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Rosemond v. United States, 572 U.S. 65, 67 (2014), announced a new substantive rule that applies retroactively to cases on collateral review. Nonetheless, the Eleventh Circuit held that petitioner was not entitled to relief under Rosemond, because the evidence at trial was sufficient for a reasonable jury to infer that he had advance knowledge his co-conspirators would use or carry firearms during the underlying crime of violence.
The court also held that aiding and abetting a carjacking qualifies as a crime of violence under the elements clause of 18 U.S.C. 924(c)(3)(A). Therefore, the court held that United States v. Davis, 588 U.S. ___, 139 S. Ct. 2319, 2336 (2019), does not affect petitioner's section 924(c) conviction. Furthermore, the court held that counsel was not ineffective for failing to object to the jury charge, which lacked an instruction on advanced knowledge. Finally, the court declined petitioner's request for remand, holding that the district court's order regarding a certificate of appealability (COA) effectively denied a COA regarding petitioner's jury-instruction claim. Therefore, the court affirmed the district court's denial of petitioner's 28 U.S.C. 2255 motion to vacate his sentence.
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