Alexander v. USA

Filing 9

ORDER granting 8 Motion to Stay. Signed by Chief Judge Frank D. Whitney on 9/28/18. (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,

)
)
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 the Government’s Motion to Hold Case in
Abeyance, (Doc. No. 8).
This matter is currently being held in abeyance pending resolution of United States v.
Wheeler, which was decided by the Fourth Circuit Court of Appeals on June 11, 2018. United
States v. Wheeler, 734 Fed. Apps. 892 (4th Cir. 2018). The Government now asks this Court to
hold the action in abeyance until either: (1) the Government decides not to file a petition for writ
of certiorari in United States v. Wheeler; or (2) if the United States does file a petition for writ of
certiorari, Wheeler is resolved by the United States Supreme Court. The Petitioner opposes this
request. The Government’s Motion to Hold Case in Abeyance is granted. The Government shall
notify this Court when either of these events occur and shall have 45 days after either event in
which to file its response.
Signed: September 28, 2018

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