Barnes v. United States of America

Filing 10

ORDER: Accordingly, it is hereby ORDERED that proceedings on the Petition shall be stayed unless either party objects to such a stay by October 23, 2020. IT IS FURTHER ORDERED that petitioner shall promptly notify the Court when the Court of Appeals rules on the legal issue raised by the Petition so that the stay may be lifted. SO ORDERED. (Signed by Judge Denise L. Cote on 10/7/2020) (va)

Case 1:15-cv-04437-DLC Document 10 Filed 10/07/20 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
CALIEB BARNES,
:
:
Petitioner,
:
:
-v:
:
UNITED STATES OF AMERICA,
:
:
Respondent.
:
:
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15cv4437 (DLC)
16cv4521 (DLC)
11cr184 (DLC)
ORDER

DENISE COTE, District Judge:
On June 16, 2016, Caleb Barnes sought leave to a file a
second or successive petition (“Petition”) under 28 U.S.C. §
2255 to vacate or correct his conviction under 18 U.S.C. §
924(c).

Barnes’s Petition asserts that his § 924(c) conviction

under 18 U.S.C. § 1951 predicated on attempted Hobbs Act robbery
is no longer valid after Johnson v. United States, 576 U.S. 591
(2015), and United States v. Davis, 139 S. Ct. 2319 (2019).
On October 1, 2020, the Court of Appeals for the Second
Circuit granted Barnes’s motion for leave to file the Petition.
The mandate returning jurisdiction to this Court was transmitted
on October 5.

In the mandate, the Court of Appeals noted that

the question of the viability of convictions under § 924(c)
predicated on attempted Hobbs Act robbery is pending in several
appeals before that court.

See, e.g., United States v. McCoy,

2d Cir. 17-3515; United States v. Collymore, 2d Cir. 19-596;
United States v. Morris, 2d Cir. 16-6.

The mandate went on to

Case 1:15-cv-04437-DLC Document 10 Filed 10/07/20 Page 2 of 2
note that this Court could decide whether to stay proceedings
pending a decision in those cases.

Accordingly, it is hereby

ORDERED that proceedings on the Petition shall be stayed
unless either party objects to such a stay by October 23, 2020.
IT IS FURTHER ORDERED that petitioner shall promptly notify
the Court when the Court of Appeals rules on the legal issue
raised by the Petition so that the stay may be lifted.
SO ORDERED:
Dated:

New York, New York
October 7, 2020
__________________________________
DENISE COTE
United States District Judge

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