Sanchez v. United States of America

Filing 12

ORDER by Chief Magistrate Judge Karen B. Molzen that 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 16-00590 RB/KBM
No. CR 13-01928 RB

CHRISTOPHER SANCHEZ,
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, Christopher Sanchez, 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). (CV Doc 1, 2; CR Doc. 35, 36).
The United States responded in opposition to the Motion, raising Beckles. (CV Doc. 8; CR Doc.
43). 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 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

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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 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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