[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-14671 ELEVENTH CIRCUIT
Non-Argument Calendar APRIL 15, 2011
________________________ JOHN LEY
CLERK
D.C. Docket No. 1:04-cr-20245-CMA-2
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,
versus
JULIO FELIX,
llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(April 15, 2011)
Before CARNES, WILSON, and BLACK, Circuit Judges.
PER CURIAM:
Julio Felix, a federal prisoner proceeding pro se, appeals the denial of his
motion for an evidentiary hearing in anticipation of a 28 U.S.C. § 2255 motion
that he has yet to file.1 We review a district court’s denial of an evidentiary
hearing only for an abuse of discretion. Cf. United States v. Lagrone, 727 F.2d
1037, 1038 (11th Cir. 1984) (addressing the denial of a § 2255 motion without an
evidentiary hearing).
Felix makes several arguments about why district court erred by not
granting his motion for an evidentiary hearing, but all of his arguments go to the
merits of a § 2255 motion he has yet to file and why that future motion should not
be time-barred. Those arguments are premature because Felix has not yet filed a §
2255 motion. The district court need not hold a hearing on speculative issues that
Felix may or may not raise in a future § 2255 motion, including whether his future
motion would be time-barred. Because nothing in the district court’s order
denying Felix’s motion precludes him from filing a § 2255 motion in the future
and arguing that it should not be time-barred, the district court did not abuse its
discretion in denying his premature motion for an evidentiary hearing.
AFFIRMED.
1
We do not address whether the district court abused its discretion in denying Felix’s
motion for appointment of counsel because he expressly abandoned that issue in his reply brief to
this Court.
2