In re: James Allen Irby, III v.
Court of Appeals for the Fourth Circuit
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
- Johnson v. United StatesSupreme Court of the United States · 2015
- Graham v. FloridaSupreme Court of the United States · 2010
- Johnson v. United StatesSupreme Court of the United States · 2010
- Welch v. United StatesSupreme Court of the United States · 2016
- Begay v. United StatesSupreme Court of the United States · 2008
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- United States v. Terron BryantCourt of Appeals for the Fourth Circuit · 2020
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