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- hid;;1:16-cv-00512_de4 RegisterActionDate "2016-09-22" @default.
- hid;;1:16-cv-00512_de4 RegisterActionDescriptionText "EO: re 1 Motion to Vacate/Set Aside/Correct Sentence (2255), filed by E15835B: On September 19, 2016, the Ninth Circuit Court of Appeals filed an order granting Petitioner E15835B application for authorization to file a second or successive 28 U.S.C. § 2255 motion. (ECF No. 323). Petitioner's MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY (ECF No. 324) claims that Johnson v. United States, 135 S.Ct. 2551 (2015) applies to the United States Sentencing Guidelines. The Supreme Court has granted certiorari in Beckles v. United States, No. 15-8544 (June 27, 2016) to review if the Johnson decision applies to the Sentencing Guidelines and if it does so retroactively. The Presentence Investigation Report states that Petitioner is a career offender pursuant to U.S.S.G. § 4B1.1. (PSR at p. 10, 42). The Presentence Investigation Report also indicates that Petitioner is an armed career criminal pursuant to U.S.S.G. § 4B1.4(a) and the Armed Career Criminal Act, 18 U.S.C. § 924(e). (PSR at p. 11, 43; p. 21, 80). Consideration of the merits of Petitioner E15835B Section 2255 Motion is hereby STAYED until the Supreme Court decides Beckles. A decision in Beckles will automatically lift the stay in this case, at which point the Parties shall contact the Court to call a status conference regarding further briefing. If either Party objects to the imposition of a stay, that Party shall file an Objection on or before Thursday, October 6, 2016. (CR 05-00261 HG; CV 16-00512 HG-KSC) Case stayed. (JUDGE HELEN GILLMOR) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 09/22/2016)" @default.
- hid;;1:16-cv-00512_de4 AdministrativeID "5" @default.
- hid;;1:16-cv-00512_de4 hasJudgeReference SJ001311 @default.
- hid;;1:16-cv-00512_de4 hasReferenceToOtherEntry hid;;1:16-cv-00512_de0 @default.