Diaz v. United States of America
ORDER by Magistrate Judge Lourdes A. Martinez Directing Parties to Confer and File Joint Statement. (atc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA,
No. CV 16-0608 RB/LAM
No. CR 05-0064 RB
RUBEN VARGAS DIAZ,
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). Defendant/Movant, Tommy Pena, 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). See (CV Doc. 1; CR Doc. 161). 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
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
IT IS THEREFORE 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
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