Hatch v. USA

Filing 14

ORDER: IT IS ORDERED adopting in part, as set forth above, the R&R and its reasoning. IT IS FURTHER ORDERED granting Respondent's Motion to Stay (Doc. 6 ) and staying this matter until the Supreme Court of the United States issues its decisio n in Beckles v. United States, No. 15-8544. If the Supreme Court renders no decision in Beckles during the term, either party may move to lift the stay. IT IS FURTHER ORDERED that Respondent's Response/Opposition to Petitioner's 2255 Petition shall be due no later than 14 days after issuance of the decision in Beckles. Signed by Judge John J Tuchi on 10/20/2016. (REK)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Eddie Lee Hatch,
Petitioner,

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v.

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CR 02-01016-PHX-JJT

United States of America,

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No. CV-16-02041-PHX-JJT (MHB)

Respondent.

ORDER

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At issue is the Report and Recommendation (“R&R”) delivered in this matter by

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United States Magistrate Judge Michelle Burns (Doc. 11), recommending that the Court

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grant Respondent United States of America’s motion to stay this matter until the Supreme

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Court of the United States renders a decision in the now-pending matter of Beckles v.

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United States, No. 15-8544, -- U.S. --, 136 S. Ct. 2510, 2016 WL 1029080 (cert. granted

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June 27, 2016). Petitioner Eddie Lee Hatch has filed an Objection to the R&R (Doc. 12)

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and Respondent has filed a Response to that Objection (Doc. 13), both of which the Court

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has now considered with the R&R.

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The Court adopts in whole Judge Burns’s reasoning in the R&R for granting the

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stay. Issuance of the stay pending resolution of a matter that is before the Supreme Court

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during the present term will not injure Petitioner, substantially or otherwise, because the

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portion of his sentence for which he does not seek resentencing – the 87 month sentence

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for the new bank robbery offense – will not nearly have elapsed by the time the Supreme

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Court has provided any necessary guidance in its resolution of Beckles. The Court

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therefore will follow the R&R insofar as it recommends the granting of Respondent’s

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Motion for Stay (Doc. 6).

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Petitioner points out, and Respondent agrees, that Respondent sought an extension

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of only 14 days after issuance of the Supreme Court’s decision in Beckles to file its

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Response to the Petition in this matter. The Court therefore will not follow the R&R

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insofar as it recommends granting Respondent 30 days after the decision in Beckles

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issues to file its Response, and will allow only 14 days.

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IT IS ORDERED adopting in part, as set forth above, the R&R and its reasoning.

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IT IS FURTHER ORDERED granting Respondent’s Motion to Stay (Doc. 6) and

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staying this matter until the Supreme Court of the United States issues its decision in

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Beckles v. United States, No. 15-8544. If the Supreme Court renders no decision in

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Beckles during the term, either party may move to lift the stay.

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IT IS FURTHER ORDERED that Respondent’s Response/Opposition to

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Petitioner’s 2255 Petition shall be due no later than 14 days after issuance of the decision

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in Beckles.

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Dated this 20th day of October, 2016.

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Honorable John J. Tuchi
United States District Judge

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TERMPSREF

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