Deboles v. United States Of America

Filing 5

ORDER granting Deboles' 4 Motion to Stay his 28 U.S.C. § 2255 Motion. All proceedings in Case Number 2:16-cv-80 are STAYED until the Supreme Court issues a decision in the Beckles case. The Government shall file a Revised Response within twenty-one (21) days of the Supreme Court's issuance of an opinion in Beckles. Signed by Magistrate Judge R. Stan Baker on 1/5/2017. (ca)

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

GEORGE LORENZO DEBOLES,
Petitioner,

CIVIL ACTION NO.: 2:16-cv-80

v.
UNITED STATES OF AMERICA,

(Case No.: 2:13-cr-11)

Respondent.

ORDER
This matter is before the Court on Movant George Lorenzo Deboles’ (“Deboles”) Motion
to Stay his 28 U.S.C. § 2255 Motion. (Doc. 4.) Deboles 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” and, if so, whether the Beckles
decision will apply retroactively to cases on collateral review.
Upon consideration, the Court GRANTS Deboles’ Motion.

Therefore, it is hereby

ORDERED that all proceedings in Case Number 2:16-cv-80 are STAYED until the Supreme
Court issues a decision in the Beckles case. The Government shall file a Revised Response to
Deboles’ Section 2255 Motion within twenty-one (21) days of the Supreme Court’s issuance of
an opinion in Beckles.

Deboles may file a Reply to the Government’s Revised Response within twenty-one (21)
days of the Government’s Revised Response.
SO ORDERED, this 5th day of January, 2017.

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

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