Cesar Gonzalez v. United States

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CESAR MUÑOZ GONZALEZ, AKA No. 20-71709 Blanco, AKA Cesar Gonzales, AKA Ricardo Martines, AKA Ricardo O. Martinez, AKA Ricardo Martinez- Osorio, AKA Osorio Ricardo OPINION Applicant,

v.

UNITED STATES OF AMERICA,

Respondent.

Application to File Second or Successive Petition Under 28 U.S.C. § 2255

Argued and Submitted June 11, 2021 Pasadena, California

Filed March 17, 2022

Before: Consuelo M. Callahan and Danielle J. Forrest, Circuit Judges, and Richard Seeborg, * District Judge.

Opinion by Judge Forrest

* The Honorable Richard Seeborg, Chief United States District Judge for the Northern District of California, sitting by designation. MUÑOZ GONZALEZ V. UNITED STATES

SUMMARY **

Second or Successive 28 U.S.C. § 2255 Authorization

The panel denied Cesar Muñoz Gonzalez’s application to file a second or successive 28 U.S.C. § 2255 motion asserting that his conviction for possession of a firearm in furtherance of a crime of violence or drug trafficking offense under 18 U.S.C. § 924(c) is invalid because his predicate crime—racketeering—is no…