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United States of America v. Cedric Rose
Date: 02-04-2025
Case Number: 16-CV-2232
Judge: Not Available
Court: United States District Court for the Northern District of Texas (Dallas Couonty)
Plaintiff's Attorney: United States District Attorney's Office in Dallas
Defendant's Attorney:
Click Here For The Best Dallas Criminal Defense Lawyer Directory
Click Here For The Best Dallas Criminal Defense Lawyer Directory
Description:
Dallas, Texas criminal defense lawyer represented the Defendant charged with being an Armed Career Criminal.
Cedric Rose appeals the denial of his 28 U.S.C. § 2255 motion in
which he challenged his Armed Career Criminal Act (ACCA) sentences in
light of Johnson v. United States, 576 U.S. 591 (2015). The Government
defends the district court's denial because of United States v. Garrett, 24
F.4th 485, 486 (5th Cir. 2022), where our court held that robbery by threat
and aggravated robbery by threat convictions under Texas criminal law
qualify as ACCA predicate offenses. Shortly after oral argument, however,
the Texas Court of Criminal Appeals—the highest criminal court in Texas—No. 22-10571
issued its decision in Floyd v. Texas, -- S.W.3d --, 2024 WL 4757855 (Tex.
Crim. App. Nov. 13, 2024), which unequivocally abrogated Garrett. PHI
Grp., Inc. v. Zurich Am. Ins. Co., 58 F.4th 838, 842 n.3 (5th Cir. 2023)
(explaining that the rule of orderliness applies unless there is a "clearly
contrary subsequent holding of the [state's] highest courtâ€).
Cedric Rose appeals the denial of his 28 U.S.C. § 2255 motion in
which he challenged his Armed Career Criminal Act (ACCA) sentences in
light of Johnson v. United States, 576 U.S. 591 (2015). The Government
defends the district court's denial because of United States v. Garrett, 24
F.4th 485, 486 (5th Cir. 2022), where our court held that robbery by threat
and aggravated robbery by threat convictions under Texas criminal law
qualify as ACCA predicate offenses. Shortly after oral argument, however,
the Texas Court of Criminal Appeals—the highest criminal court in Texas—No. 22-10571
issued its decision in Floyd v. Texas, -- S.W.3d --, 2024 WL 4757855 (Tex.
Crim. App. Nov. 13, 2024), which unequivocally abrogated Garrett. PHI
Grp., Inc. v. Zurich Am. Ins. Co., 58 F.4th 838, 842 n.3 (5th Cir. 2023)
(explaining that the rule of orderliness applies unless there is a "clearly
contrary subsequent holding of the [state's] highest courtâ€).
Outcome:
Vacated and remanded.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of United States of America v. Cedric Rose?
The outcome was: Vacated and remanded.
Which court heard United States of America v. Cedric Rose?
This case was heard in United States District Court for the Northern District of Texas (Dallas Couonty), TX. The presiding judge was Not Available.
Who were the attorneys in United States of America v. Cedric Rose?
Plaintiff's attorney: United States District Attorney's Office in Dallas. Defendant's attorney: Click Here For The Best Dallas Criminal Defense Lawyer Directory.
When was United States of America v. Cedric Rose decided?
This case was decided on February 4, 2025.