Michael Torres v. United States

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 17 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL ANTHONY TORRES, AKA No. 20-71724 Mikey,

Applicant,

MEMORANDUM*

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

Before: CALLAHAN and FORREST, Circuit Judges, and SEEBORG,** District Judge.

Applicant Michael Anthony Torres seeks leave to file a second or successive

motion for habeas relief under 28 U.S.C. § 2255. He argues that his conviction for

possession of a firearm in furtherance of a crime of violence or drug trafficking

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Richard Seeborg, Chief United States District Judge for the Northern District of California, sitting by designation. offense under 18 U.S.C. § 924(c) is invalid because his predicate crime—

racketeering—is no longer a categorical “crime of violence” under a new rule…