Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, July 01, 2020

Cuya: No Right to Discovery Before 2255 Motion is Filed

In Cuya v. United States, No. 18-14380 (July 1, 2020) (Marcus, Wilson, Thapar), the Court affirmed the denial of preliminary discovery motions filed in anticipation of a forthcoming 2255 motion.  Relying on former Fifth Circuit cases, the Court held that the denial of these motions was proper, because a defendant who has not yet filed a 2255 motion is not entitled to discovery.  Only after the 2255 motion is filed may a movant seek discovery based on a showing of good cause.