Taylor v. USA

Filing 5

ORDER granting 4 Motion to Stay, and this matter is hereby held in abeyance pending the Supreme Court's decision in Beckles. Thereafter, the government shall have 60 days from the date the Supreme Court decides Beckles within which to file its response in this matter. Signed by District Judge Martin Reidinger on 10/24/2016. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00024-MR
CRIMINAL CASE NO. 2:11-cr-00022-MR-DLH-10

MICHAEL JAMES TAYLOR,

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Petitioner,
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vs.
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UNITED STATES OF AMERICA,
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Respondent.
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________________________________ )

ORDER

THIS MATTER is before the Court on the motion of the United States
requesting that the Court enter an order holding this action in abeyance. [CV
Doc. 4].1 According to the government’s motion, defense counsel does not
object to its request. [Id.].
Petitioner pleaded guilty to conspiracy to possess with intent to
distribute methamphetamine, in violation of 21 U.S.C. §§ 841, 846. [CR Doc.
411]. The presentence report noted that Petitioner had two prior qualifying

1

Citations to the record herein contain the relevant document number referenced
preceded by either the letters “CV” denoting the document is listed on the docket in the
civil case file number 1:16-cv-00024-MR, or the letters “CR” denoting the document is
listed on the docket in the criminal case file number 2:11-cr-00022-MR-DLH-10.

convictions – a North Carolina conviction for felony attempted first degree
murder and a North Carolina conviction for felony assault with a deadly
weapon inflicting serious injury -- that triggered the Career Offender
enhancement under section 4B1.2 of the Sentencing Guidelines. The Court
sentenced Petitioner as a Career Offender to a term of imprisonment of 324
months. [Id.].
On January 26, 2016, Petitioner commenced this action by filing a
petition pursuant to 28 U.S.C. § 2255. [CV Docs. 1; 3]. In his petition,
Petitioner contends that, in light of Johnson v. United States, 135 S. Ct. 2551
(2015), his prior conviction under North Carolina law for felony assault with
a deadly weapon inflicting serious injury no longer qualifies as a “crime of
violence” under the Guidelines.2

[Doc. No. 1-1 at 5].

Consequently,

Petitioner argues his Career Offender designation is improper and thus his
sentence is unlawful. [Id.].
In response to the petition, the government has filed a motion to hold
this proceeding in abeyance. [CV Doc. 4]. The government notes that this
case may be affected by the Supreme Court’s decision next Term in Beckles
v. United States, 616 Fed. Appx. 415 (11th Cir.), cert. granted, 2016 WL

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Petitioner also brings claims for ineffective assistance of counsel.
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1029080 (U.S. June 27, 2016) (No. 15-8544). [Id. at 2]. One of the questions
presented in Beckles is whether Johnson applies retroactively to cases
collaterally challenging federal sentences enhanced under the residual
clause in U.S.S.G. § 4B1.2(a)(2). The residual clause invalidated in Johnson
is identical to the residual clause in the Career Offender provision of the
Guidelines, § 4B1.2(a)(2) (defining "crime of violence").
Based upon the reasons given by the government, and without
objection by Petitioner, the Court concludes that the government’s motion
should be granted.
ORDER
IT IS, THEREFORE, ORDERED that the government’s motion to place
this case in abeyance [CV Doc. 4] is hereby GRANTED, and this matter is
hereby held in abeyance pending the Supreme Court’s decision in Beckles.
Thereafter, the government shall have 60 days from the date the Supreme
Court decides Beckles within which to file its response in this matter.
IT IS SO ORDERED.

Signed: October 24, 2016

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