Sampson v. USA

Filing 27

ORDER directing parties within 20 days to submit a memorandum as outlined in this Order, or the parties shall inform the Court whether this action should be held in abeyance pending resolution of the petition for certiorari. Signed by District Judge Max O. Cogburn, Jr on 11/9/2018. (chh)

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:15CV283-MOC (3:95CR231-MOC-2) ERIC CREIGHTON SAMPSON, ) ) Petitioner, ) ) vs. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________) ORDER THIS MATTER is before the Court on its own motion. ORDER IT IS HEREBY ORDERED that, within 20 days, the parties shall each submit a memorandum addressing Petitioner’s alternative claim for relief under 28 U.S.C. § 2241, in light of the standard set forth by the Fourth Circuit in United States v. Wheeler, 886 F.3d 415 (4th Cir. 2018), or the parties shall inform the Court whether this action should be held in abeyance pending resolution of the petition for certiorari submitted to the Supreme Court in Wheeler, No. 18-420. Signed: November 9, 2018 -1-

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