In Garcia v. United States, No. 19-14734 (Jan. 8, 2021) (Grant, Luck, Ed Carnes) (per curiam), the Court affirmed the denial of a COA on a Davis claim.
Relying on Beeman, the Court held that the movant could not meet his burden to prove that his 924(o) conviction was predicated solely on Hobbs Act conspiracy. After distinguishing In re Gomez and In re Cannon as SOS cases, the Court rejected the movant’s argument that it should assume that the 924(o) was based on the least culpable predicate, and it also rejected his reliance on Alleyne. Although acknowledging that it was dicta, the Court applied In re Cannon’s “inextricably intertwined” analysis to conclude that he could not meet his burden to prove that his 924(o) offense was predicated solely on Hobbs Act conspiracy. The Court did not address Stromberg or its progeny.
