Garland v. Roy

DENNIS, Circuit Judge:

Pro se petitioner Gene Irving Garland appeals the dismissal of his habeas corpus petition brought pursuant to 28 U.S.C. § 2241. In that petition he argues that he is entitled to release in light of United States v. Santos, 553 U.S. 507, 128 S.Ct. 2020, 170 L.Ed.2d 912 (2008), which held that the money-laundering statute’s, 18 U.S.C. § 1956(a)(1), term “proceeds” was ambiguous and as a result, in certain circumstances, must be read to mean “profits.” Santos clearly applies retroactively to Garland’s convictions at issue in this case. United States v. McPhail, 112 F.3d…