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IN RE BURGEST

No. 16-14597-J.

829 F.3d 1285 (2016)

IN RE: Earl BURGEST, Petitioner.

United States Court of Appeals, Eleventh Circuit.

Filed: July 21, 2016.

Attorney(s) appearing for the Case

Michael Caruso , Federal Public Defender, Federal Public Defender's Office, Miami, FL, Daryl Elliott Wilcox , Federal Public Defender's Office, Fort Lauderdale, FL, for Petitioner.

Wifredo A. Ferrer , Emily M. Smachetti , U.S. Attorney's Office, Miami, FL, for Successive Habeas Respondent.

Before ED CARNES, Chief Judge, HULL and WILLIAM PRYOR, Circuit Judges.

BY THE PANEL:

Pursuant to 28 U.S.C. §§ 2255(h) and 2244(b)(3)(A), Earl Burgest 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...

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