Rollerson v. USA

Filing 4

ORDER granting 3 Motion to Stay. Respondent shall have 60-days from the date the Fourth Circuit rendersdecisions in Doctor and Weston to file a response. Signed by District Judge Robert J. Conrad, Jr on 12/19/16. (ssh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-00315-RJC
(3:11-cr-00230-RJC-1)
WILLIAM SEDRICK ROLLERSON,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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ORDER

THIS MATTER is before the Court on consideration of Respondent’s motion to stay the
disposition of Petitioner’s § 2255 Motion to Vacate. (Doc. No. 3: Motion to Stay). Petitioner
does not oppose the motion.
In his § 2255 Motion to Vacate, Petitioner challenges his designation as an armed career
criminal, 18 U.S.C. § 924(e), relying on the Supreme Court’s decision in United States v.
Johnson, 135 S. Ct. 2551 (2015), in which the Court struck down the residual clause of the
Armed Career Criminal Act (ACCA), after concluding that it violated due process because it was
unconstitutionally vague. Petitioner contends that two of his predicate, South Carolina
convictions – strong-arm robbery and armed robbery – are no longer valid convictions that can
support his designation as an armed career criminal in light of the holding in Johnson.
In the motion to stay, Respondent cites United States v. Doctor, No. 15-4764 and United
States v. Weston, No. 15-4744, which are currently pending before the Fourth Circuit and
address whether the South Carolina convictions are still valid following Johnson. Because
disposition of these Fourth Circuit cases may have a bearing on Petitioner’s § 2255 Motion to
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Vacate, the motion to stay will be granted.
IT IS, THEREFORE, ORDERED that Respondent’s motion to stay is GRANTED,
(Doc. No. 3), and Respondent shall have 60-days from the date the Fourth Circuit renders
decisions in Doctor and Weston to file a response to Petitioner’s § 2255 Motion to Vacate.
SO ORDERED.
Signed: December 19, 2016

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