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.
