Bable v. United States Of America

Filing 9

ORDER granting Bable's 5 Motion to Hold in Abeyance pending the Supreme Court's Decision. Therefore, it is hereby ORDERED that all proceedings in Case Number 2:16-cv-68 are STAYED until the Supreme Court issues a decision in the Beckles case. The Government shall file a Revised Response to Bable's § 2255 Motion within twenty-one (21) days of the Supreme Court's issuance of an opinion in Beckles. Bable may file a Reply to the Government's Revised Response within twenty-one (21) days of the Government's Revised Response. Signed by Magistrate Judge R. Stan Baker on 9/6/2016. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION

ERIC BABLE,
Petitioner,

CIVIL ACTION NO.: 2:16-cv-68

v.
UNITED STATES OF AMERICA,

(Case No. 2:13-cr-29)

Respondent.

ORDER
This matter is before the Court on Movant Eric Bable’s (“Bable”) Motion to Hold Ruling
in Abeyance. (Doc. 5.) Bable seeks to have his 28 U.S.C. § 2255 proceedings held in abeyance
pending the United States Supreme Court’s decision in Beckles v. United States, No. 15-8544,
136 S. Ct. 2510 (June 27, 2016) (granting certiorari), as to whether the decision in Johnson v.
United States, ___ U.S. ___, 135 S. Ct. 2551 (June 26, 2015), applies to the Sentencing
Guidelines’ definition of “crime of violence”. Bable notes Eleventh Circuit Court of Appeals’
precedent currently forecloses his claims, but the decision in Beckles may abrogate that existing
Eleventh Circuit precedent. (Id. at pp. 2–3.)
Upon consideration, the Court GRANTS Bable’s Motion.

Therefore, it is hereby

ORDERED that all proceedings in Case Number 2:16-cv-68 are STAYED until the Supreme
Court issues a decision in the Beckles case. The Government shall file a Revised Response to
Bable’s Section 2255 Motion within twenty-one (21) days of the Supreme Court’s issuance of an

opinion in Beckles. Bable may file a Reply to the Government’s Revised Response within
twenty-one (21) days of the Government’s Revised Response.
SO ORDERED, this 6th day of September, 2016.

R. STAN BAKER
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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