Brawner v. United States of America

Filing 9

ORDER LIFTING STAY by Chief Magistrate Judge Karen B. Molzen. 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 fourteen (14) days of entry of this Order. (KBM)

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

UNITED STATES OF AMERICA,
Plaintiff/Respondent,
vs.

No. CV 16-00784 MCA/KBM
No. CR 11-01203 MCA

DANNY KEVIN BRAWNER,
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, Danny Kevin Brawner, has 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 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. 58). The United States filed a response
requesting a stay of proceedings based on the pendency of Beckles, which was granted by the
Court. (CV Doc. 4, 8; CR Doc. 61, 63). In Beckles, the Supreme Court held that the United
States Sentencing Guidelines are not subject to a void-for-vagueness challenge. 580 U.S. ___,
No. 15-8544, slip op at 5.
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

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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 fourteen
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 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
fourteen (14) days of entry of this Order.

_________________________________________
UNITED STATES CHIEF MAGISTRATE JUDGE

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