Owens v. USA

Filing 3

ORDER :(1) Lifting Stay; and (2) Denying as Moot Motion Under 26:USC Section 2255 to Vacate, Set Aside or Correct a Sentence [Doc. No. 65 ]. Signed by Judge Cathy Ann Bencivengo on 3/25/2020.(anh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERIA,

Case No. 97cr2546-CAB; 16cv1564CAB; 16cv1636-CAB

Plaintiff,

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v.

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REGINALD OWENS,

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ORDER: (1) LIFTING STAY; AND 2)
DENYING AS MOOT MOTION
UNDER 28 U.S.C. SECTION 2255 TO
VACATE, SET ASIDE OR
CORRECT A SENTENCE [Doc. No.
65]

Defendant.

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On June 21, 2016, Defendant/Petitioner filed a motion under 28 U.S.C. § 2255 to

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vacate, set aside, or correct a sentence (the “2255 motion”). [Doc. No. 65.] On July 1,

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2016, this Court issued an order staying the motion pending a decision by the Ninth

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Circuit in 14-10080, United States v. Begay. [Doc. No. 67.]

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On April 20, 2018, Defendant/Petitioner filed a motion to lift the stay in light of

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the Supreme Court’s decision in Sessions v. Dimaya, __ S. Ct. __, 2018 WL 1800371

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(U.S. Apr. 17, 2018). [97cr2546, Doc. No. 69.] On January 10, 2019, the Court denied

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the motion to lift the stay. [Doc. No. 74.]

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On July 18, 2019, the Ninth Circuit Court of Appeals issued an order regarding an

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application for authorization to file a second or successive 28 U.S.C. §2255 motion filed

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in Ninth Circuit No. 18-71013. [Doc. No. 75.] The Ninth Circuit denied the motion as
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97cr2546-CAB; 16cv1564;16cv1636

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unnecessary because the applicant (Petitioner Reginald Owen) already has a section 2255

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motion pending in this Court. Id. The Ninth Circuit further ordered the proposed section

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2255 motion be filed in this action as a motion to amend the currently pending 2255

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motion. Id. That motion to amend is now filed in this action as docket no. 76.

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On August 6, 2019, this Court issued an order lifting the stay to address the motion

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to amend, and set a briefing schedule. [Doc. No. 77.] On September 12, 2019 this Court

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issued an order denying the motion to amend and reinstating the stay. [Doc. No. 79.]

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On October 21, 2019, Defendant filed a motion to reduce sentence pursuant to 18
U.S.C. §3582 (First Step Act). [Doc. No. 81.] Following further briefing by the

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government and Defendant [Doc. Nos. 87, 90-92], the Court granted Defendant’s motion

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to reduce sentence under the First Step Act. [Doc. No. 93.] Following a telephonic

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hearing [Doc. No. 95], the Court issued an Amended Judgment sentencing Defendant to a

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term of imprisonment of time served as to all counts, concurrent [Doc. No. 96], and

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issued an Abstract of Order for Defendant to be released from custody [Doc. No. 97].

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Given that Defendant will henceforth be released from custody, the Court

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HEREBY ORDERS AS FOLLOWS:

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1. The stay as to Defendant’s 2255 motion is HEREBY LIFTED;

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2. The 2255 motion is HEREBY DISMISSED AS MOOT;

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3. The corresponding civil cases, 16cv1564 and 16cv1636, are HEREBY

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DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Dated: March 25, 2020

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97cr2546-CAB; 16cv1564;16cv1636