Little v. USA

Filing 18

ORDER granting 17 Motion to Hold Case in Abeyance. The Government shall have 45 days after the United States Supreme Court issues its decision in Walker within which to file its response.Signed by District Judge Max O. Cogburn, Jr on 12/3/2019. (ams)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-314-MOC
(3:95-cr-1-5-MOC-1)
RYAN ONEIL LITTLE,

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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 the Government’s Motion to Place Motion Under
28 U.S.C. § 2255 in Abeyance, (Doc. No. 17).
Petitioner was convicted in the underlying criminal case of offenses including possession
of a firearm in furtherance of a crime of violence in violation of 18 U.S.C. § 924(c) based on the
offense of murder in aid of racketeering. He filed his pro se § 2255 Motion to Vacate in June 2016,
arguing that Johnson v. United States, 135 S.Ct. 2551 (2015), applies to 18 U.S.C. § 924(c).
Petitioner was subsequently appointed counsel. (Doc. No. 4). This matter was stayed for several
years pending consideration of Beckles v. United States, No. 15-8544, (Doc. No. 8), then United
States v. Ali, No. 15-4433 and United States v. Simms, No. 15-4640, (Doc. No. 10), and finally
United States v. Davis, 18-431, (Doc. No. 12).
The Government now asks the Court to again hold the action in abeyance until the United
States Supreme Court decides Walker v. United States, 19-373, which will examine whether an
offense that can be committed with mens rea of recklessness can qualify as a “violent felony”
under the Armed Career Criminal Act. (Doc. No. 17). The Government asserts that the question
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presented in Walker is likely to bear on, or dispose of, the issue raised in Petitioner’s § 2255 Motion
to Vacate. Petitioner’ seeks 45 days after the Court issues its decision in Walker within which to
file its response. The Government notes that Petitioner is currently serving life sentences on two
counts that he does not challenge. Counsel for Petitioner do not object to this Motion. (Doc. No.
17 at 2).
The Government’s Motion to Hold Case in Abeyance is GRANTED. The Government
shall have 45 days after the United States Supreme Court issues its decision in Walker within
which to file its response.
IT IS SO ORDERED.

Signed: December 3, 2019

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