RAFAEL FERNANDEZ GARCIA
v.
UNITED STATES

11th Cir. | 2021-01-26
No. 19-14374
985 F.3d 850 Court of Appeals for the Eleventh Circuit (2021) Negative Treatment
Cited by 6 cases
Opinion of the Court

versus

UNITED STATES OF AMERICA, Respondent-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ Before GRANT, LUCK, and ED CARNES, Circuit Judges.

PER CURIAM:

Our previously issued opinion in this case, Garcia v. United States, ___ F. 3d ___, 2021 WL 68305 (11th Cir. Jan. 8, 2021), is vacated. The application for a certificate of appealability will be held in abeyance pending a decision in Granda v. United States, No. 17-15194, or Foster v. United States, No. 19-14771, or both of those cases.

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  • Echevarria v. United States (S.D. Fla. 2021)
    …). Then on January 11, 2021, the Government filed a Notice of Supplemental Authority (ECF No. 15), calling the Court’s attention to the Eleventh Circuit’s recently-issued opinion in Garcia v. United States, 984 F. 3d 1367 (11th Cir. 2021), vacated, 985 F. 3d 850 (11th Cir. 2021), which held that a § 2255 movant could not meet his burden under Beeman to show that it was “more likely than not” that his § 924(o) conviction was predicated only on a crime that is not a crime of violence or a drug trafficking cri…
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  • Holland v. United States (S.D. Fla. 2021)
    …pursuant to § 2255 is STAYED. This case shall be held in abeyance until the Eleventh Circuit articulates the proper burden of proof for a Davis claimant under 28 U.S.C. § 2255. See Garcia v. United States, 984 F. 3d 1367 (11th Cir. 2021), vacated by 985 F. 3d 850 (11th Cir. 2021) (holding decision in abeyance pending a decision in Granda v. United States, No. 17-15194, or Foster v. United States, No. 19-14771, or both). 2. This case is CLOSED for administrative purposes only and shall not affect the substa…
  • Breal v. United States (S.D. Fla. 2021)
    …venth Circuit resolves the issue of a Davis claimant’s burden of proof in a matter brought pursuant to 28 U.S.C. § 2255. United States v. Davis, 139 S. Ct. 2319 (2019). See Garcia v. United States, 984 F. 3d 1367 (11th Cir. Jan. 8, 2021), vacated, 985 F. 3d 850, (11th Cir. Jan. 26, 2021) (vacating decision pending a decision in Granda v. United States, No. 17-15194, and Foster v. United States, No. 19-14771). It is also ADJUDGED as follows: I. The Clerk of this Court shall mark this cause as closed fo…

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