375 F.3d 1287 (11th Cir. 2004), 04-13244, In re Dean

Docket Nº:04-13244.
Citation:375 F.3d 1287
Party Name:In Re: Will C. DEAN, Jr., Petitioner.
Case Date:July 09, 2004
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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375 F.3d 1287 (11th Cir. 2004)

In Re: Will C. DEAN, Jr., Petitioner.

No. 04-13244.

United States Court of Appeals, Eleventh Circuit

July 9, 2004

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Will Crawford Dean, Jesup, GA, pro se.

Application for Leave to File a Second or Successive Motion to Vacate, Set Aside, or Correct Sentence, 28 U.S.C. §§ 2255, 2244(b)(3)(A).

Before ANDERSON, CARNES and BARKETT, Circuit Judges.

BY THE PANEL:

Pursuant to 28 U.S.C. §§ 2255 and 2244(b)(3)(A), as amended by §§ 105 and 106 of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Will C. Dean, Jr. has filed an application seeking an order authorizing the district court to consider a second or successive motion to vacate, set aside, or correct his federal sentence, 28 U.S.C. § 2255. Such authorization may be granted only if this Court certifies that the second or successive motion contains a claim involving:

(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or

(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.

28 U.S.C. § 2255. "The court of appeals may authorize the filing of a second or

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successive application only if it determines that the application makes a prima facie showing that the application satisfies the requirements of this subsection." 28 U.S.C. § 2244(b)(3)(C).

In his application, Dean indicates that he wishes to raise one claim in a second or successive § 2255 motion, namely, that the district court violated his Sixth Amendment right to a jury trial by enhancing his sentence under the federal Sentencing Guidelines based on his leadership role in the offense and his relevant conduct, when the facts supporting those guideline enhancements were neither mentioned during his Fed.R.Crim.P. 11 plea colloquy nor proved to a jury beyond a reasonable doubt. Dean contends that his claim relies on a new rule of constitutional law, citing the United States Supreme Court's recent opinion in Blakely v. Washington, --- U.S. ----, 124 S.Ct. 2531, --- L.Ed.2d ---- (2004).

In Blakely, the United States Supreme Court revisited the rule in Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 2362-63, 147 L.Ed.2d 435 (2000), which held that...

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