The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 19-62117-CV-MIDDLEBROOKS/Reid
(11-60285-CR-MIDDLEBROOKS)
TERRANCE LACLIFFE BROWN,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.
_________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court on Magistrate Judge Lisette Reid’s Report, issued
on January 21, 2021. (DE 9). The Report recommends denying Movant Terrance LaCliffe
Brown’s Motion to Vacate, pursuant to 28 U.S.C. §2255.
The deadline for Movant to file objections expired on February 4, 2021. Movant filed no
objections by that date, so I adopted the Report and closed this case on February 8, 2021. (DE 10).
Then, on February 19, 2021, Movant filed a motion to reconsider and request to permit late-filed
objections, asserting that he had not received a copy of the Report in time to prepare his objections.
(DE 13). In an abundance of caution and to afford Movant an opportunity to respond to the Report,
I reopened the case and set a deadline of April 21, 2021 for Movant to file his objections. (DE 19).
Thereafter, Movant timely filed his objections. (DE 23).
I have conducted a de novo review of Judge Reid’s Report, the record in this case, and I
have considered the applicable law.1 I have also considered Movant’s objections, and I find that
1 After Judge Reid issued her Report, the Eleventh Circuit has now made clear that, on collateral review, it
is Movant’s burden to demonstrate that the jury relied upon the invalid predicate offense and not on any of
the remaining legally valid predicate offenses to support a § 924(c) conviction. See Granda v. United States,
they lack merit. Accordingly, I continue to agree with Judge Reid’s recommendations and I now
reaffirm my prior ruling adopting her Report.
Further, I find that Movant cannot make “a substantial showing of the denial of a
constitutional right” sufficient to support the issuance of a Certificate of Appealability. See 28
U.S.C. § 2253.
Accordingly, it is ORDERED AND ADJUDGED that:
(1) The Report (DE 9) is ADOPTED IN PART consistent with the clarification set forth
in this Order.
(2) Movant’s Objections (DE 23) are OVERRULED.
(3) Movant’s Motion to Vacate pursuant to 28 U.S.C. § 2255 (DE 1) is DENIED.
(4) No certificate of appealability shall issue.
(5) Final Judgment shall be entered by separate Order.
SIGNED in Chambers at West Palm Beach, Florida, this 20th day of May, 2021.
Y MABE
CM Marble doom
United States District Judge
990 F.3d1277, 1288, n. 2 (11th Cir. 2021). Where, as here, the invalid predicate offense is inextricably
intertwined with any of the valid predicate offenses, Movant cannot overcome the procedural default of his
claim, because he cannot demonstrate actual prejudice. See Granda, 990 F.3d at 1289-90. As found
correctly by Judge Reid in her Report, the Hobbs Act robbery conspiracy charged in Count 1 was
inextricably intertwined with Movant’s charges for attempted and substantive Hobbs Act robbery. Thus, I
find Judge Reid’s conclusion that Movant had not met his burden of proof compelling even under current
Eleventh Circuit precedent. See Granda, 990 F.3d at 1296; Foster v. United States, No. 19-14771, 2021
WL 1742267, at *1 (11th Cir. May 4, 2021) (accord); Parker v. United States, No. 19-14943, 2021 WL
1259432, at *6 (11th Cir. Apr. 6, 2021). In light of Granda however, I do not adopt Judge Reid’s finding
that Movant succeeded in establishing cause to excuse his procedural default due to the novelty of the claim.
Copies to: Magistrate Lisette Reid
Counsel of Record
Terrance Lacliffe Brown, Pro Se
# 63666-004
Coleman Medium
Federal Correctional Institution
Inmate Mail/Parcels
Post Office Box 1032
Coleman, FL 33521