Pena v. United States of America

Filing 13

ORDER by Magistrate Judge Lourdes A. Martinez LIFTING STAY and Directing Parties to File Joint Statement. (atc)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO UNITED STATES OF AMERICA, Plaintiff/Respondent, v. No. CV 16-0290 WJ/LAM No. CR 10-2138 WJ TOMMY PENA, 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). Defendant/Movant, Tommy Pena, has filed a motion and amended 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). See (CV Docs. 1, 10; CR Docs. 152, 160). Plaintiff/Respondent United States of America filed a motion to stay the proceedings based on the pendency of Beckles, which was granted by the Court. See (CV Docs. 11, 12; CR Docs. 161, 162). 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 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 THEREFORE ORDERED that the stay in this case is hereby LIFTED. IT IS FURTHER 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 shall file a joint statement advising the Court of the results of their conference within fourteen (14) days of entry of this Order. IT IS SO ORDERED. _____________________________________ LOURDES A. MARTÍNEZ UNITED STATES MAGISTRATE JUDGE   2  

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