McKenzie v. United States of America

Filing 13

ORDER by Chief Magistrate Judge Karen B. Molzen granting 8 Motion for Stay of Proceedings Pending the Supreme Court's Decision in Beckles v. United States, (S. Ct. No. 15-8544. (KBM)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO UNITED STATES OF AMERICA, Plaintiff, v. CIV 16-0740 JB/KBM CR 08-1669 JB RICHARD McKENZIE, Defendant. ORDER GRANTING MOTION FOR BECKLES STAY THIS MATTER is before the Court on the United States’ opposed Motion for Stay of Proceedings Pending the Supreme Court’s Decision in United States v. Beckles, CV Doc. 8 & CR Doc. 224, filed October 31, 2016. In response to the Court’s Order of December 30, 2016, counsel for Defendant McKenzie now indicates that a stay of this action pending the Supreme Court’s ruling in Beckles v. United States, (S. Ct. No. 15-8544) “ does not appear to be an issue in terms of prejudicing Mr. McKenzie” because Defendant’s expected release date is July 13, 2027. Doc. 12. Because a stay will not effectively operate as a dismissal of Defendant McKenzie’s claim, this Court has discretion to grant a Beckles stay. See Miller, slip op. at 6 (writ of mandamus to vacate Beckles stay found necessary because “staying resolution of his motion until the Supreme Court resolves Beckles will irreparably damage Miller by resulting in his unnecessary confinement.”). This Court believes that the Beckles decision may provide significant guidance in addressing issues raised in this matter. Thus, the Court finds the motion to be well taken and it will be granted. IT IS SO ORDERED. ________________________________________ UNITED STATES CHIEF MAGISTRATE JUDGE 2

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