Carlos Garcia-Mesa v. United States

FILED

NOT FOR PUBLICATION

JUN 27 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARLOS GARCIA-MESA, No. 21-71147

Applicant,

v. MEMORANDUM*

UNITED STATES OF AMERICA,

Respondent.

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

Argued and Submitted June 16, 2022 San Francisco, California

Before: S.R. THOMAS, GOULD, and BEA, Circuit Judges.

Carlos Garcia-Mesa moves the Court for authorization to file a second or

successive habeas petition under 28 U.S.C. § 2255(h) or, alternatively, for remand

to the district court with instructions to treat his current petition as a first 28 U.S.C.

§ 2255 petition. We have jurisdiction under 28 U.S.C. § 2244. As the facts are

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. familiar to the parties, we need not recount them. As explained below, we grant

Garcia-Mesa’s motion and authorize a petition.

I

Garcia-Mesa’s first habeas petition, which he filed in 2005, was denied…