Andre Saint-Cyr v. United States

USCA11 Case: 24-13056 Document: 20-1 Date Filed: 04/04/2025 Page: 1 of 4

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 24-13056 ____________________

ANDRE SAINT-CYR,

Petitioner-Appellant, versus

UNITED STATES OF AMERICA,

Respondent-Appellee.

____________________

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:20-cv-61184-WPD ____________________ ____________________

2 Order of the Court 24-13056 No. 24-13058 ____________________

ANDRE SAINT-CYR,

Petitioner-Appellant, versus

UNITED STATES OF AMERICA,

Respondent-Appellee.

____________________

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:16-cv-61639-WPD ____________________ ____________________

No. 24-13060 ____________________

ANDRE SAINT-CYR,

Petitioner-Appellant, versus

24-13056 Order of the Court 3 UNITED STATES OF AMERICA,

Respondent-Appellee.

____________________

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:18-cv-62196-WPD ____________________

Before NEWSOM, BRANCH, and ABUDU, Circuit Judges.

BY THE COURT:

Andre Saint-Cyr appeals from the district court’s denials of his fourth motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 and his related motion for reconsideration. The government filed a motion to dismiss these consolidated appeals for lack of jurisdiction because neither the district court nor this Court has issued a certificate of appealability (“COA”).

The government’s motion is misplaced because there is a pending request before us for a COA. At the time the government filed its motion, Saint-Cyr’s notice of appeal constituted a request for a COA. See Fed. R. App. P. 22(b)(2); 11th Cir. R. 22-1(b). And Saint-Cyr now has filed an application for a COA.

4 Order of the Court 24-13056 Accordingly, the government’s motion is DENIED. These appeals will proceed for a determination of whether to issue a COA.