Alexander v. USA

Filing 6

ORDER granting 5 Motion to Stay. Signed by Chief Judge Frank D. Whitney on 9/11/17. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-cv-294-FDW
(3:04-cr-137-FDW-1)
DIMARCO ANTONIO ALEXANDER,

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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 an unopposed motion of Petitioner, (Doc. No. 5), to hold
his motion to vacate sentence pursuant to 28 U.S.C. § 22551 in abeyance pending resolution of the
appeal in United States v. Wheeler, Fourth Circuit Case No. 16-6073. The Respondent consents to
the motion to stay.
IT IS HEREBY ORDERED that the Motion to Stay, (Doc. No. 5), is GRANTED. The
United States shall have 45 days after the Fourth Circuit issues Wheeler in which to move to reopen this case and file its response.

Signed: September 11, 2017

1

Petitioner alternatively seeks habeas relief pursuant to 28 U.S.C. § 2241, coram nobis relief under 28 U.S.C. §
1651(a) or a writ of audita querela.