Rivera v. United States

Background

Jose Rivera was the petitioner in a proceeding under 28 U.S.C. § 2255, a procedure that allows a person convicted in federal court to challenge the conviction or sentence. The order refers to Rivera’s petition in both his criminal case and a related civil case. It also addresses disagreement among federal appellate courts, and within the Southern District of New York, about the standard governing successive petitions challenging convictions under 18 U.S.C. § 924(c).

That disagreement concerns whether a conviction rested on § 924(c)(3)(B), called the residual clause and described in the order as unconstitutional, or § 924(c)(3)(A), called the elements clause and described as valid. The written order does not explain whether Rivera’s conviction rested on either clause or provide the court’s full reasoning on the petition.

Ruling

The court denied Rivera’s § 2255 petition. The order states that the reasons were given on the record that day, but the transcript or other explanation of that proceeding is not included in the opinion text.

The court also issued a certificate of appealability. Under 28 U.S.C. § 2253(c), that certificate requires a substantial showing that a constitutional right was denied. The court cited the legal disagreement about the standard for successive § 2255 petitions and concluded that the issue qualified for a certificate. The clerk was directed to close case No. 16-CV-4983.

Effect of the Order

The written order ends the related civil case by directing the clerk to close it and denies the petition. It allows Rivera to seek appellate review through the certificate of appealability. The order itself does not state the specific basis for the denial beyond referring to the reasons stated on the record.

Judge Cathy Seibel signed the order.