Legal Opinion

Roybal v. United States

District Court, D. New Mexico

Decided June 30, 2017No. Nos. CIV 16-01057 JB/KK; CR 12-03182 JBPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER OF DISMISSAL

James 0. Browning, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court, under rule 4(b) of the Rules Governing Section 2255 Proceedings, on the Movant’s Motion Pursuant to 28 U.S.C. Section 2255 in Light of Retroactivity of U.S. v. Quintero-Leyva, 823 F.3d 519 (9th Cir. 2016), filed September 23, 2016 (CIV Doc. 1; CR Doc. 1141)(“§ 2255 Motion”). The Court determines that Movant George Roybal is not entitled to relief and will dismiss the Motion as rule 4(b) provides.

On December 12, 2012, Roybal and several co-Defendants were charged under a…

2Cases cited6 opinions

  1. In Re Edward Hanserd, MovantCourt of Appeals for the Sixth Circuit · 1997
  2. United States v. Norberto Quintero-LeyvaCourt of Appeals for the Ninth Circuit · 2016
  3. Browning v. United StatesCourt of Appeals for the Tenth Circuit · 2001
  4. United States v. Salazar-SamaniegaCourt of Appeals for the Tenth Circuit · 2004
  5. United States v. Henry AvilaCourt of Appeals for the Tenth Circuit · 1993

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