Fernandez Garcia v. United States, No. 19-14374 (11th Cir. 2021)Annotate this Case
The Eleventh Circuit vacated its prior opinion and substituted this revised opinion in its place.
Petitioner appealed the denial of his second or successive 28 U.S.C. 2255 motion challenging his conviction for conspiring to use a firearm during and in relation to a drug trafficking crime or a crime of violence, in violation of 18 U.S.C. 924(o). After the district court denied a certificate of appealability (COA), the Eleventh Circuit construed petitioner's timely notice of appeal as an application for one.
The court denied the COA, holding that petitioner failed to show that it was more likely than not his section 924(o) conviction was predicated only on a crime that is not a crime of violence or a drug trafficking claim. Therefore, reasonable jurists would not find that the district court's assessment of the constitutional claims was debatable or wrong. The court dismissed the appeal.
This opinion or order relates to an opinion or order originally issued on November 19, 2020.