Hughes v. USA

Filing 8

ORDER granting 7 Motion to place this case in abeyance and this matter is hereby held in abeyance pending further orders of this Court. The parties shall notify the Court of the opinions rendered by the Fourth Circuit in the Ali and Simms cases within seven days after each such matter is decided. Signed by District Judge Martin Reidinger on 9/15/2016. (Pro se litigant served by US Mail.)(kby)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL FILE NO. 1:16-cv-00219-MR
CRIMINAL FILE NO. 1:98-cr-00155-MR-1

ARANDER MATTHEW
HUGHES, JR.,

)
)
)
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 action in abeyance. [CV
Doc. 7].1

According to the government’s motion, defense counsel has

consented to its request. [Id.].
Petitioner was convicted of three counts of Hobbs Act robbery, in
violation of 18 U.S.C. § 1951(a), five counts of using and carrying a firearm
during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c),

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-00219-MR, or the letters “CR” denoting that the
document is listed on the docket in the criminal case file number 1:98-cr-00155-MR-1.

two counts of bank robbery and aiding and abetting the same, in violation of
18 U.S.C. §§ 2 and 2113(a), and two counts of possessing a firearm not
lawfully registered, and aiding and abetting the same, in violation of 26
U.S.C. §§ 5861(d) and 2. [CR Doc. 46]. The Court sentenced Petitioner to
a total term of imprisonment of 1120 months. [Id.].
On June 8, 2016, Petitioner commenced this action by filing a motion
to vacate pursuant to 28 U.S.C. § 2255. [CV Doc. 1]. In the motion to vacate,
Petitioner contends that his Hobbs Act robbery offenses no longer qualify as
“crimes of violence” in light of Johnson v. United States, 135 S. Ct. 2551
(2015). Consequently, Petitioner asserts that his Hobbs Act offense likewise
cannot support one of his § 924(c) convictions and such conviction must be
vacated. [Id.].
In response to Petitioner’s motion, the government has filed a motion
to hold this proceeding in abeyance. The government notes that pending in
the Fourth Circuit is the case of United States v. Ali, No. 15-4433 (4th Cir.)
(tentatively calendared for oral argument during the October 25-28, 2016,
session). The Court notes that also pending in the Fourth Circuit is the case
of United States v. Simms, No. 15-4640 (4th Cir.) (tentatively calendared for
oral argument during the October 25-28, 2016, session). The appellants in
Ali and Simms both contend that a Hobbs Act robbery (and additionally in
2

Ali, conspiracy to commit a Hobbs Act robbery) can no longer be considered
a “crime of violence” under 18 U.S.C. § 924(c)(3)(B) and thus any § 924(c)
conviction predicated thereon is void.
Based upon the foregoing reasons, and with Petitioner’s consent, 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. 7], is hereby GRANTED and this matter is
hereby held in abeyance pending further orders of this Court. The parties
shall notify the Court of the opinions rendered by the Fourth Circuit in the Ali
and Simms cases within seven days after each such matter is decided.
IT IS SO ORDERED.

Signed: September 15, 2016

3