Moore v. Clarke

Filing 12

MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 3/25/2019. (See order for further details).(acha, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Robert Leroy Moore,
Petitioner,

V.
Harold W.Clarke,
Respondent.

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l:17cvl415(CMH/JFA)

MEMORANDUM OPINION

Robert Leroy Moore, by counsel, has filed a petition for a writ of habeas corpus, pursuant
to 28 U.S.C. § 2254, challenging the constitutionality of his pandering and attempted pandering
convictions in the Circuit Court of Fairfax County. Respondent filed a Motion to Dismiss and
Rule 5 Answer, along with a supporting brief and exhibits. Dkt. No. 5-7. Petitioner filed a

Reply. Dkt. No. 8. For the reasons that follow, respondent's Motion to Dismiss will be granted,
and the petition will be dismissed, with prejudice.
I. Background

Petitioner is detained pursuant to a final judgment ofthe Circuit Court of Fairfax County,
entered April 8,2015. Case Nos. FE-2014-1161,1168. Petitioner entered an Alford plea and
was found guilty ofone count of pandering, in violation of Virginia Code § 18.2-357, and one
count of attempted pandering, in violation of Virginia Code §§ 18.2-357,18.2-26. Id. Petitioner
was sentenced to fifteen years imprisonment, with five years suspended. Id. Petitioner filed a

Motion to Withdraw his Plea on April 28,2015, which was denied by order dated the same day.
Id.