Garcia v. United States

M. SMITH, Circuit Judge:

In this case of first impression for our circuit, we decide whether the Supreme Court's decision in Dean v. United States , --- U.S. ----, 137 S. Ct. 1170, 197 L.Ed.2d 490 (2017), announced a new rule of constitutional law that the Court has made retroactively applicable to cases on collateral review. We find that it did not, so we deny Fernando Garcia's application for authorization to file a second or successive petition under 28 U.S.C. § 2255.

FACTUAL AND PROCEDURAL BACKGROUND

Garcia pleaded guilty to conspiracy to distribute and possess with the intent to distribute…