United States v. Reginald Elmore

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-16539

Plaintiff-Appellee, D.C. Nos. 3:20-cv-06531- v. WHO 3:13-cr-00764- REGINALD ELMORE, AKA Fat WHO-6 Reg,

OPINION

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California William Horsley Orrick, District Judge, Presiding

Argued and Submitted April 9, 2024 San Francisco, California

Filed October 8, 2024

Before: Richard A. Paez and Jennifer Sung, Circuit Judges, and Sidney A. Fitzwater, * District Judge.

Opinion by Judge Paez

* The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. SUMMARY **

28 U.S.C. § 2255

The panel reversed the district court’s denial of Reginald Elmore’s 28 U.S.C. § 2255 motion challenging the validity of his conviction for use or possession of a firearm during murder in aid of racketeering in violation of 18 U.S.C. § 924(j)(1), and remanded for further proceedings. The predicate crime of…