Kenemore v. Roy, No. 11-40507 (5th Cir. 2012)
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Defendant was convicted of conspiracy to commit mail fraud, conspiracy to embezzle funds from employee benefit plans, conspiracy to launder money, mail fraud, embezzlement from employee benefit plans, money laundering, and making a false statement to the Department of Labor. After losing on appeal, he petitioned for habeas relief and was denied. Defendant subsequently filed a new motion to vacate, set aside, or correct the sentence under 28 U.S.C. 2241, arguing that the Supreme Court's GVR ("grant, vacate, remand") in Jackson v. United States constituted a retroactively applicable decision demonstrated he was convicted of a non-offense. The Fifth Circuit Court of Appeals affirmed, holding that the GVR did not qualify as a retroactively applicable Supreme Court decision.
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