PROUSALIS v. MOORE

No. 13-6814.

751 F.3d 272 (2014)

Thomas T. PROUSALIS, Jr., Petitioner-Appellant, v. Charles E. MOORE, Senior U.S. Probation Officer, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 7, 2014.


Attorney(s) appearing for the Case

ARGUED: Scott Martin , GIBSON, DUNN & CRUTCHER, LLP, Washington, D.C., for Appellant. Jonathan Holland Hambrick , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF: Dana J. Boente , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KEENAN joined. Chief Judge TRAXLER wrote an opinion concurring in the result.


WILKINSON, Circuit Judge:

Appellant Thomas Prousalis Jr. pled guilty to three counts arising from his fraudulent activity in connection with a client's initial public offering. He now seeks habeas relief, contending that, in light of the Supreme Court's intervening decision in Janus Capital Group, Inc. v. First Derivative Traders, ___ U.S. ___, 131 S.Ct. 2296, 180 L.Ed.2d 166 (2011), the conduct for which he was convicted is...

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