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Rodney v. U.S.

Gang Leader Denied §2255 Relief From §924(c) Conviction for Brandishing Weapon

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MEMORANDUM & ORDER Petitioner Devon Rodney brings this pro se petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. §2255 (the “Petition”). (See Mot. to Vacate (“Pet.”) (Dkt. 585).) Petitioner argues that, in light of Johnson v. United States, 135 S. Ct. 2551 (2015), he is entitled to relief from his conviction for brandishing a firearm in connection with assault with a dangerous weapon in aid of racketeering under 18 U.S.C. §924(c). (See Pet.) For the following reasons, the Petition is DENIED.I. BACKGROUNDPetitioner was a leader of a criminal organization identified as the “Six Tre Outlaw Gangsta Disciples Folk Nation” (“Six Tre”). (See Pet’r Sentencing Mem. (“Sent. Mem.”) (Dkt. 129).) This organization operated in the Ebbets Field housing projects in the Flatbush area of Brooklyn for several years. (Id.) While Petitioner led the organization, its members were responsible for numerous acts of gang-related violence, including homicides, non-fatal shootings, and commercial robberies in and around Flatbush and elsewhere. (Id.)On November 21, 2013, Petitioner pleaded guilty to Counts One and Thirteen of the Superseding Indictment, which charged racketeering, in violation of 18 U.S.C. §1962(c), and charged Petitioner with using, carrying, and brandishing a firearm during and in relation to an assault with a deadly weapon in aid of racketeering, in violation of 18 U.S.C. §924(c)(l)(a)(ii). (See Nov. 21, 2013 Min. Entry (Dkt. 104); Superseding Indictment (S-3) (“Sup. Ind.”) (Dkt. 71)

6-7, 11, 14, 45.) In pleading guilty to racketeering, Petitioner allocuted to Racketeering Act 4 (attempted murder, in violation of New York Penal Law §§125.25(1), 110.00, and 20.00), and Racketeering Act 7 (Hobbes Act Robbery Conspiracy, in violation of 18 U.S.C. §1951(a)). (See Nov. 21, 2013 Min. Entry; Sup. Ind.

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