Legal Opinion

Larode v. United States

District Court, E.D. Virginia

Decided January 24, 2019No. 1:16-cv-741 (LMB); Crim. No. 1:05-cr-61 (LMB)Published

1Opinion of the Court

Leonie M. Brinkema, United States District Judge

Before the Court is Ossie K. Larode's ("Larode" or "movant") motion, filed under 28 U.S.C. § 2255, to vacate his conviction in light of Johnson v. United States (Johnson II ), --- U.S. ----, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), and Sessions v. Dimaya, --- U.S. ----, 138 S.Ct. 1204, 200 L.Ed.2d 549 (2018). The Government has moved to dismiss Larode's § 2255 motion on multiple procedural and substantive grounds. For the reasons that follow, the Government's motion to dismiss will be granted, and Larode's § 2255 motion will be dismissed.

I

Larode…

2Cases cited34 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Johnson v. United StatesSupreme Court of the United States · 2015
  4. Shepard v. United StatesSupreme Court of the United States · 2005
  5. Mathis v. United StatesSupreme Court of the United States · 2016

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