Fernandez v. United States · ¶22

Fernandez persisted. He twice moved for postconviction relief under 28 U. S. C. § 2255. The first time, Fernandez argued (among other things) that he was actually innocent because the testimony against him was not credible. He said that “[e]ven the Government did not fully believe Patrick Darge,” as shown by the Government's decision not to charge Rivera with murder for hire. Reply Brief in No. 18–06 (CA2), pp. 8–9, n. 2. The Second Circuit described this argument as “plainly meritless,” concluding that “[t]he jury was entitled to credit the witnesses who testified that Fernandez committed the crimes with which he was charged.” Fer nandez v. United States, 757 Fed. Appx. 52, 55–56 (2018). The second collateral challenge succeeded. The District Court set aside Fernandez's conviction for a frearms offense after United States v. Davis, 588 U. S. 445 (2019), held that 18 U. S. C. §…

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