Charles v. United States of America
Filing
5
ORDER granting 4 Motion to Place this case in abeyance, and this matter is hereby held in abeyance pending the Supreme Courts decision in Beckles. Signed by District Judge Martin Reidinger on 8/8/2016. (nvc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00136-MR
CRIMINAL CASE NO. 2:04-cr-00027-MR
ROGER DALE CHARLES,
)
)
Petitioner,
)
)
vs.
)
)
UNITED STATES OF AMERICA,
)
)
Respondent.
)
________________________________ )
ORDER
THIS MATTER is before the Court on the motion of the United States
requesting that the Court enter an order holding this habeas action in
abeyance. [CV Doc. 4].1
According to the government’s motion, defense
counsel does not object to its request. [Id.].
Petitioner was found guilty by a jury of possession with intent to
distribute cocaine base and aiding and abetting the same (21 U.S.C §
841(a)(1); 18 U.S.C. § 2) and possession of a firearm by a convicted felon
(18 U.S.C. § 922(g)(1)). [CR Doc. 64]. The presentence report noted that
1
Citations to the record herein contain the relevant document number referenced
preceded by either the letters “CV” denoting that the document is listed on the docket in
the civil case file number 1:16-cv-00136-MR, or the letters “CR” denoting that the
document is listed on the docket in the criminal case file number 2:04-CR-00027-MR.
Petitioner had prior qualifying North Carolina convictions 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 360 months. [Id.].
On May 17, 2016, Petitioner commenced this action by filing a motion
to vacate pursuant to 28 U.S.C. § 2255. [CV Doc. 1]. In his petition,
Petitioner contends that, in light of Johnson v. United States, 135 S. Ct. 2551
(2015), three of his predicate Florida convictions -- battery of a law
enforcement officer, armed burglary with a deadly weapon, and escape -- no
longer qualify as “crimes of violence” under the Guidelines. [Id. at 2-4].
Consequently, Petitioner argues his Career Offender designation is improper
and thus his sentence is unlawful. [Id.].
In response to Petitioner’s motion, the government has filed a motion
to hold this proceeding in abeyance. [CV Doc. 4]. The government notes that
this case will 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 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
2
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: August 8, 2016
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?