Cannon v. Director, Virginia Dept. of Corrections, No. 1:2018cv01071 - Document 18 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge Anthony J Trenga on 05/28/2019. (c/s)(dvanm, )
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Cannon v. Director, Virginia Dept. of Corrections Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division William David Cannon, Petitioner, I:18cvl071(AJT/TCB) V. Director, Virginia Dep't of Corrections, Respondent. MEMORANDUM OPINION William David Cannon,a Virginia inmate proceeding pro has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254, challenging his conviction of numerous offenses following ajury trial in Circuit Court ofthe City of Virginia Beach. The matter comes before the Court on a Motion to Dismiss the petition filed by the respondent, to which petitioner has filed his opposition. For the reasons which follow, the Motion to Dismiss will be granted, and the petition will be dismissed, with prejudice. 1. Background Following ajury trial in April, 2014,Cannon was found guilty ofrobbery with the use of a gun or simulated gun, abduction, armed statutory burglary, rape, and four counts of use ofa firearm in the commission ofa felony. The convictions ofabduction, burglary and rape were based on Cannon's participation in those offenses as a principal in the second degree. On September 23,2014,the trial court sentenced Cannon in accordance with the jury's recommendation to terms ofincarceration often years for the robbery, twenty years for the armed statutory burglary, five years each for the rape and the abduction, and an aggregate of eighteen years mandatory minimum for the four unlawful use ofa firearm convictions. The court imposed Dockets.Justia.com
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