GARLAND v. ROY

No. 09-40735.

615 F.3d 391 (2010)

Gene Irving GARLAND, Petitioner-Appellant, v. Warden Keith ROY, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 13, 2010.


Attorney(s) appearing for the Case

Gene Irving Garland, Jr., Texarkana, TX, pro se.

Michael Wayne Lockhart, Asst. U.S. Atty., Beaumont, TX, for Roy.

Before KING, WIENER, and DENNIS, Circuit Judges.


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...

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