Martin v. USA

Filing 3

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movant's request to stay this action pending permission from the Eighth Circuit to file a successive action [Doc. #2] is DENIED as no evidence exists that he has made such a request in the Eighth Circuit and there is no prior habeas in this Court.IT IS FURTHER ORDERED that movant's motion to stay this action pending the United States Supreme Court's decision in Beckles v. United States, 15-8544, 2016 WL 1029080, [Doc. #2] is GRANTE D. IT IS FURTHER ORDERED that movant must give notice to the Court within twenty-eight (28) days of the Supreme Court's decision in Beckles v. United States. IT IS FURTHER ORDERED that the Clerk is directed to administratively close this case. Signed by District Judge Stephen N. Limbaugh, Jr on 8/1/16. (CSG)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

DEMETRIUS MARTIN,
Movant,
v.

UNITED STATES OF AMERICA,
Respondent.

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) No. 4:16-CV-I023 SNLJ
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FilED
AUG 01 2016
U S DISTRICT COURT
EASTERN DISTRICT or ~O
cr..,PE GIRARDEAU

MEMORANDUM AND ORDER

Before the Court is movant's motion to vacate, set aside or correct sentence pursuant to
28 U.S.C. § 2255 [Doc. #1] and his motion to hold this case in abeyance while he seeks
permission from the Eighth Circuit to file a second or successive petition [Doc. #2].1
On May 25, 2011, movant pled guilty to being a felon in possession of a firearm. The
Presentence Investigation Report ("PSR") applied an enhanced base offense level of 24 on the
basis that movant had two felony convictions for either a crime of violence or a controlled
substance offense. U.S.S.G.§ 2K2.l(a)(2). On September 7, 2011, movant was sentenced to 84
months'imprisonment. Movant did not file a direct appeaL
On April 13, 2015, movant filed a motion for a reduction in sentence. See Martin v.

United States, 4:15CV630 SNLJ (E.D.Mo. 2015). Before making a substantive ruling on the
motion, the Court asked movant to indicate whether he wished it to be treated as a petition
brought pursuant to 28 U.S.C. § 2255.

Movant indicated that he wished the motion to be

considered under 18 U.S.C. § 3583, or as a reduction in sentence. The Court considered his

1The Court has reviewed the Eighth Circuit's docket and found no evidence that Mr. Martin has
applied for permission to file a second or successive petition in that Court.
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request for relief, but denied the request on May 12, 2015. His request was not considered a
habeas petition, pursuant to 28 U.S.C. § 2255.
As petitioner has not brought a prior habeas action in this District, the Court will deny the
request to stay this action pending permission from the Eighth Circuit to file a second or
successive habeas corpus application.
However, to the extent movant is seeking a stay pursuant to the Supreme Court granting
certiorari in Beckles v. United States, No. 15-8544, the Court will grant the motion for stay?
Accordingly,

IT IS HEREBY ORDERED that movant's request to stay this action pending
permission from the Eighth Circuit to file a successive action [Doc. #2] is DENIED as no

evidence exists that he has made such a request in the Eighth Circuit and there is no prior
habeas in this Court.
IT IS FURTHER ORDERED that movant's motion to stay this action pending the
United States Supreme Court's decision in Beckles v. United States, 15-8544, 2016 WL
1029080, [Doc. #2] is GRANTED.

IT IS FURTHER ORDERED that movant must give notice to the Court within twentyeight (28) days of the Supreme Court's decision in Beckles v. United States.

2In Beckles, the Supreme Court will be reviewing whether Johnson's constitutional holding
applies to the residual clause in the U.S.S.O. § 4B 1.2(a)(2), and if the answer is yes, whether this
holding can be applied retroactively on collaterally review. Movant was sentenced under
V.S.S.O. § 2K2.1, and his base offense level was found to be a 24 because he had committed the
offense for which he was charged subsequent to sustaining at least two felony convictions of
either "a crime of violence" or a controlled substance offense. "Crime of violence," as it applies
to movant, is defined in V.S.S.O. § 4B1.2(a), which will be under direct review in Beckles.
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IT IS FURTHER ORDERED that the Clerk is directed to administratively close this
case.
Dated this

I, -t- day of August, 2016

STEPHEN N. uMi3AlJG, JR.
UNITED STATES DISTRlCT JUDGE

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