Legal Opinion

In re: James Allen Irby, III v.

Court of Appeals for the Fourth Circuit

Decided June 1, 2017No. 16-601PublishedCited by 65 opinions

1Opinion of the Court

SHEDD, Circuit Judge:

A jury convicted James Allen Irby of second-degree murder in retaliation against a witness or informant, in violation of 18 U.S.C. §§ 1513(a)(1)(B) and 1111(a); causing death with a firearm, in violation of 18 U.S.C. §§ 924(c) and (j); and destruction of property by fire, in violation of 18 U.S.C. § 844(i). Irby did not appeal his convictions, and his initial 28 U.S.C. § 2255 motion was denied. Irby now moves for authorization to file a successive § 2255 motion, arguing that under Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), he should be…

2Cases cited29 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Graham v. FloridaSupreme Court of the United States · 2010
  3. Johnson v. United StatesSupreme Court of the United States · 2010
  4. Welch v. United StatesSupreme Court of the United States · 2016
  5. Begay v. United StatesSupreme Court of the United States · 2008

24 more not listed; retrieve them via the Exa API.

3Cited by65 opinions

  1. United States v. Daniel MathisCourt of Appeals for the Fourth Circuit · 2019
  2. United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018
  3. United States v. Justin TaylorCourt of Appeals for the Fourth Circuit · 2020
  4. Michael Hill v. United StatesCourt of Appeals for the Seventh Circuit · 2017
  5. United States v. Terron BryantCourt of Appeals for the Fourth Circuit · 2020

60 more not listed; retrieve them via the Exa API.

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