Legal Opinion

Cosme v. United States

District Court, N.D. Indiana

Decided April 6, 2022No. 2:21-cv-00391Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff/Respondent, ) ) vs. ) NO. 2:13-cr-111 ) 2:21-cv-391 ) OSCAR COSME, ) ) Defendant/Petitioner. ) OPINION AND ORDER In this petition filed under section 2255, Oscar Cosme argues the underlying crime of violence supporting his conviction was a RICO conspiracy, which is no longer a crime of violence (presumably referring to United States v. Davis,

139 S. Ct. 2319

(2019)). However, his petition suffers a foursome of problems: it is untimely, barred by appellate waiver,…

2Cases cited17 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. United States v. DavisSupreme Court of the United States · 2019
  3. Welch v. United StatesSupreme Court of the United States · 2016
  4. James T. Donald v. Cook County Sheriff's DepartmentCourt of Appeals for the Seventh Circuit · 1996
  5. Jack R. Prewitt v. United StatesCourt of Appeals for the Seventh Circuit · 1996

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