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TELCY v. UNITED STATES

No. 19-13029.

20 F.4th 735 (2021)

Jacques Hernes TELCY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: December 10, 2021.

Attorney(s) appearing for the Case

David Oscar Markus , Markus/Moss, PLLC, Miami, FL, for Petitioner-Appellant.

Phillip Drew DiRosa , U.S. Attorney's Office, Fort Lauderdale, FL, Laura Thomas Rivero , Daniel Matzkin , U.S. Attorney Service — Southern District of Florida, U.S. Attorney Service — SFL, Emily M. Smachetti , U.S. Attorney's Office, Miami, FL, for Respondent-Appellee.

Before WILSON, LAGOA, and BRASHER, Circuit Judges.

Jacques Telcy appeals from an order dismissing his 28 U.S.C. § 2255 habeas petition as second or successive. This appeal asks us to determine whether a sentence reduction under section 404(b) of the First Step.Act of 2018 qualifies as a "new judgment" for purposes of the bar on second or successive § 2255 motions...

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