Garcia
Garcia v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CARLOS ALBERTO GARCIA, Case No.: 19-cv1353-BEN 12-cr-2999-BEN Movant,
v. ORDER DENYING MOTION TO
VACATE, SET ASIDE, OR
UNITED STATES OF AMERICA,
CORRECT A SENTENCE UNDER
Respondent. 28 U.S.C. § 2255 11 Movant Carlos Alberto Garcia filed a Motion to Vacate, Set Aside, or Correct a Sentence pursuant to 28 U.S.C. § 2255 on March 7, 2014. Docket No. 41. The motion was denied on November 3, 2015. Order, Docket No. 47. On July 19, 2019, Garcia filed a second motion for relief pursuant to 28 U.S.C. § 2255. Docket No. 49. Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), a district court has only limited authority to hear a claim presented in a second or successive habeas motion. “The court must deny a second or successive motion unless the court of appeals first certifies that the motion relies on a new rule of constitutional law that is retroactively applicable or presents new evidence…