Montoya v. United States of America

Filing 3

ORDER by Magistrate Judge Stephan M. Vidmar 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-0711 MCA/SMV
No. 10-cr-0460 MCA

MICHAEL LEE MONTOYA,
Defendant/Movant.

ORDER 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 Michael Lee Montoya filed
a 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 Doc. 1]; [CR Doc. 191]. In Beckles,
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.
The Court directs 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 any issues remain 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 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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