Howie v. USA

Filing 17

ORDER granting 16 Motion to Stay pending the Fourth Circuit's en banc disposition of Whiteside v. United States. Signed by District Judge Robert J. Conrad, Jr on 9/11/2014. (Pro se litigant served by US Mail.) (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-290-RJC
(3:06-cr-50-RJC-1)
ANTONIO NAVARRO HOWIE,

)
)
Petitioner,
)
)
v.
)
)
UNITED STATES OF AMERICA,
)
)
Respondent.
)
____________________________________)

ORDER

THIS MATTER is before the Court on consideration of Respondent’s motion to hold
this case in abeyance pending the Fourth Circuit’s disposition of its petition for rehearing en
banc of the Court’s decision in Whiteside v. United States, 741 F.3d 541 (4th Cir. 2014). The
Court notes that after Respondent filed the motion to hold this case in abeyance, the Fourth
Circuit granted the Government’s petition for rehearing en banc. Whiteside v. United States,
2014 U.S. App. LEXIS 13277 (4th Cir. July 10, 2014). Oral argument is scheduled for
September 18, 2014. Whiteside v. United States, No. 13-7152 (4th Cir. July 14, 2014). Based on
the foregoing, the Court will dismiss Respondent’s motion to hold this case in abeyance as moot,
but will sua sponte order that this case be stayed pending the Fourth Circuit’s en banc disposition
of Whiteside v. United States.
IT IS, THEREFORE, ORDERED that Respondent’s motion to hold this case in
abeyance pending the Fourth Circuit’s disposition of the petition for rehearing en banc is
DISMISSED as moot. (Doc. No. 16).
IT IS FURTHER ORDERED that this case is STAYED pending the Fourth Circuit’s
1

en banc disposition of Whiteside v. United States.
IT IS SO ORDERED.
Signed: September 11, 2014

2