In Re: Neil Navarro, No. 19-12612 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit denied petitioner's application for leave to file a second or successive 28 U.S.C. 2255 motion. The court held that petitioner has not made a prima facie showing that his 18 U.S.C. 924(c) conviction may be unconstitutional in light of United States v. Davis, 139 S. Ct. 2319 (2019), as his conviction was independently supported by the charged drug-trafficking crimes.
The court also held that petitioner could not show that Davis benefited him in the context of his challenge to the sentencing guidelines. In this case, Davis has no application to USSG 2K2.1(a), and thus petitioner cannot meet the statutory criteria for his second claim.