Martinez v. United States of America

Filing 18

ORDER by Magistrate Judge Stephan M. Vidmar LIFTING stay and DIRECTING the parties to confer and file a joint statement in light of Beckles no later than March 27, 2017. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,
Plaintiff/Respondent,
v.

No. 16-cv-0388 JB/SMV
No. 09-cr-2169 JB

ERNIE MARTINEZ,
Defendant/Movant.

ORDER LIFTING STAY AND DIRECTING THE PARTIES TO CONFER
AND FILE A JOINT STATEMENT IN LIGHT OF BECKLES
THIS MATTER is before the Court sua sponte under Rule 4 of the Rules Governing
Section 2255 Proceedings, in light of the U.S. Supreme Court’s ruling in Beckles v. United
States, 580 U.S. ___, No. 15-8544, slip op (March 6, 2017). Movant Ernie Martinez filed a
motion, amended motion, and supplemental motion pursuant to 28 U.S.C. § 2255, claiming that
he improperly received an enhanced sentence as a career offender under the United States
Sentencing Guidelines (“USSG”) because the residual clause of USSG § 4B1.2 is
unconstitutionally vague under the reasoning in Johnson v. United States, 576 U.S. ___, 135
S. Ct. 2551 (2015). [CV Docs. 1, 5, 12]; [CR Docs. 58, 62, 69]. After ordering the parties to
show cause why the proceedings should not be stayed pending ruling in Beckles, the Court so
stayed the proceedings. [CV Docs. 14, 17]; [CR Docs. 71, 74]. Beckles has been decided, and
the Supreme Court has held that the USSG are not subject to a void-for-vagueness challenge.
580 U.S. ___, No. 15-8544, slip op at 5.

Accordingly, the Court will lift the stay and direct the parties to confer on the question of
whether the Supreme Court’s ruling in Beckles is dispositive of all issues raised in this § 2255
proceeding and to file a joint statement advising the Court of the results of their conference. If
either party contends that Beckles does not dispose of all issues, the statement shall identify the
issue or issues that remain for determination by the Court after Beckles and the party raising the
remaining issue or issues. The parties shall confer and file the joint statement within 14 days of
entry of this Order. If neither party claims that an issue remains for adjudication following
Beckles, the Court will enter an Order dismissing this § 2255 proceeding. If the parties contend
that issues still remain for determination, the Court will enter an order setting a schedule for
supplemental briefing.
IT IS ORDERED that the stay is lifted and the Parties shall confer on the question of
whether the Supreme Court’s ruling in Beckles is dispositive of all issues raised in this § 2255
proceeding and file a joint statement advising the Court of the results of their conference within
14 days of entry of this Order.

___________________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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