Mata v. United States, No. 20-1875 (2d Cir. 2020)
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The Second Circuit denied petitioner's motion to file a second or successive motion to vacate, set aside, or correct his sentence following his conviction for Hobbs Act robbery and being a felon in possession of a firearm pursuant to a guilty plea.
The court held that, because Rehaif v. United States, 139 S. Ct. 2191 (2019), resolved only a question of statutory interpretation, it did not announce a new rule of constitutional law as required by 28 U.S.C. 2255(h)(2). Therefore, petitioner has not made a prima facie showing that the requirements of section 2255(h) are satisfied.
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