Pikerson Mentor v. United States
HabeasCorpus
Whether a federal prisoner may seek collateral review of a conviction under 28 U.S.C. § 2255 based on a new substantive rule announced in United States v. Davis that retroactively applies to cases on federal collateral review
No question identified. : Mentor v. United States, No. 23-11572 (11th Cir. Dec. 19, 2023). Mr. Mentor has not previously sought an extension of time from this Court. Mr. Mentor is filing this Application at least ten days before the filing date, which is March 18, 2024. See S. Ct. R. 13.5. The jurisdiction of this Court will be invoked under 28 U.S.C. § 1254(1). Following this Court’s decision in United States v. Davis, 139 8. Ct. 2319 (2019), Mr. Mentor filed an authorized second or successive motion to vacate under 28 U.S.C. § 2255 . On March 10, 2023, the district court denied Mr. Mentor’s motion to vacate and declined to issue a certificate of appealability (“COA”). Mentor v. United States, 1:20-cv-20470-DLG (S.D. Fla. Mar. 10, 2023) (Dkt. # 39). Mr. Mentor filed a timely notice of appeal, and subsequently moved the United States Court of Appeals for the Eleventh Circuit to issue a COA. The Eleventh Circuit denied Mr. Mentor’s motion on December 19, 2023. A copy of the Court of Appeals’ Order is attached as