Arnold v. USA

Filing 26

ORDER granting 25 Motion to Stay pending the Fourth Circuits en banc decision in Whiteside v. United States. Signed by District Judge Robert J. Conrad, Jr on 09/12/2014. (jlk)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:10-cv-453-RJC
(3:05-cr-46-RJC-DSC-2)
CURTIS ARNOLD,

)
)
Petitioner,
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v.
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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 consideration of Respondent’s motion to stay
disposition of this § 2255 proceeding pending the Fourth Circuit’s decision following rehearing
en banc in Whiteside v. United States, 741 F.3d 541 (4th Cir. 2014). The Fourth Circuit granted
the Government’s motion for rehearing en banc and has calendared oral argument for September
18, 2014. Whiteside v. United States, 2014 U.S. App. LEXIS 13277 (4th Cir. July 10, 2014);
Whiteside v. United States, No. 13-7152 (4th Cir. July 14, 2014). Based on the foregoing, the
Court finds that this § 2255 proceeding should be stay pending the Fourth Circuit’s en banc
decision in Whiteside v. United States.
IT IS, THEREFORE, ORDERED that the Government’s motion to stay disposition of
this case is GRANTED, (Doc. No. 25), and this case is STAYED pending the Fourth Circuit’s
en banc decision in Whiteside v. United States.
IT IS SO ORDERED.
Signed: September 12, 2014

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