Breaux v. United States of America

Filing 9

ORDER granting 8 motion to stay; terminating 1 Motion to vacate/set aside/correct sentence (2255). The Clerk of the Court is directed to terminate any other pending motions in this case and any related section 2255 motions pending in criminal case 6:09-cr-159-Orl-40KRS. The Clerk of the Court is directed to administratively close this case. Signed by Judge Paul G. Byron on 3/29/2017. (AJM)

Timing UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

BRIDGET BREAUX,
Petitioner,
v.

Case No: 6:16-cv-1164-Orl-40KRS
(6:09-cr-159-Orl-40KRS)

UNITED STATES OF AMERICA,
Respondent.
/
ORDER
This cause is before the Court on Petitioner’s Unopposed Motion to Stay 28 U.S.C.
§ 2255 Proceedings (“Unopposed Motion to Stay,” Doc. 8). Petitioner currently has
pending a Motion to Vacate, Set Aside, or Correct Sentence (“Motion to Vacate,” Doc. 1)
that was filed pursuant to 28 U.S.C. § 2255. In the Unopposed Motion to Stay, Petitioner
requests that the Court stay this case pending a ruling from the Eleventh Circuit Court of
Appeals in McKinley v. United States, Appeal No. 16-16188, in which “a certificate of
appealability was granted on the issue of whether Johnson applies to § 924(c), and if so,
whether bank robbery under 18 U.S.C. § 2113 qualifies as a ‘crime of violence.’”1 (Doc.
11 at 1-2). The Government does not oppose the motion. (Doc. 8 at 2).
In the Motion to Vacate, Petitioner argues that his sentence is invalid in light of
Johnson based on the residual clause in 18 U.S.C. § 924(c). The Court concludes that

1

Johnson v. United States, 135 S. Ct. 2551 (2015).

the procedural posture of this case and the interest of justice warrant staying the action
pending final disposition in McKinley.
Accordingly, it is ORDERED as follows:
1.

Petitioner’s Unopposed Motion to Stay 28 U.S.C. § 2255 Proceedings (Doc.

8) is GRANTED. This case is STAYED pending final disposition from the Eleventh Circuit
Court of Appeals in McKinley.
2.

Within fifteen (15) days from when the Eleventh Circuit Court of Appeals

issues a ruling with regard to the McKinley case, Petitioner shall notify the Court in writing.
The failure to do so may result in the dismissal of this case without further notice.
3.

The Clerk of the Court is directed to terminate any other pending motions in

this case and any related section 2255 motions pending in criminal case 6:09-cr-159-Orl40KRS. It appears that Doc. 82 in criminal case 6:09-cr-159-Orl-40KRS remains pending.
4.

The Clerk of the Court is directed to administratively close this case.

DONE and ORDERED in Orlando, Florida on March 29, 2017.

Copies furnished to:
Counsel of Record
OrlP-2 3/29