Mancinas-Flores v. USA

Filing 19

ORDER: The Report and Recommendation 18 of the Magistrate Judge is rejected and the United States' Unopposed Motion for Stay 15 is denied. The United States shall file a response to the motion by 4/28/2017. See order for additional details. Signed by Senior Judge Neil V Wake on 4/4/2017.(LMR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Bernardo Mancinas-Flores,
Movant/Defendant,

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No. CV-16-03183-PHX-NVW (JFM)
CR-05-1086-1-PHX-NVW
ORDER

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v.

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United States of America,

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Respondent/Plaintiff.

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This proceeding pursuant to 28 U.S.C. § 2255 challenges Bernardo MancinasFlores’ sentence in Case No. CR-05-1086-001. The original pro se motion summarily
alleges, “Petitioner was charged with 18 U.S.C. § 924(c) and at sentencing the Court used
the residual clause to enhance Petitioner’s sentence.” Before the Court is the United
States’ Unopposed Motion for Stay (Doc. 15) asking to stay the motion until cases now
pending in the Supreme Court of the United States and in the United States Court of
Appeals for the Ninth Circuit are decided. Also before the Court is the Report and
Recommendation (Doc. 18) of the Magistrate Judge recommending that the Unopposed
Motion for Stay be granted. Those other cases do not deal with whether Hostage Taking,
18 U.S.C. § 1203, is a crime of violence.

In any event, it does not appear that

classification of Hostage Taking depends on the residual clause for definition of “crime
of violence.”

If there is anything beyond the bare assertion in the Petition to support

that, the parties have not pointed it out and the Court has not found it. There is no
justification for delaying this proceeding further.

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IT IS THEREFORE ORDERED that the Report and Recommendation (Doc. 18)

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of the Magistrate Judge is rejected and the United States’ Unopposed Motion for Stay

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(Doc. 15) is denied. The United States shall file a response to the motion by April 28,

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2017.

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Dated this 4th day of April, 2017.

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Neil V. Wake
Senior United States District Judge

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