Brown v. USA

Filing 9

ORDER granting 8 Government's Motion to Hold Motion 28 U.S.C. §2255 in Abeyance. The Government shall file a Response within 60 days after the U.S. Supreme Court issues its decision in United States v. Taylor, No. 20-1459. Signed by District Judge Robert J. Conrad, Jr on 7/29/21. (mga)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-343-RJC
(3:04-cr-273-RJC-DCK-1)
DENNIS WILLIAM BROWN,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.
_______________________________________

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ORDER

THIS MATTER is before the Court on the Respondent’s Motion to Hold Motion Under
28 U.S.C. § 2255 in Abeyance, (Doc. No. 8).
Petitioner filed a Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255
raising Johnson v. United States, 576 U.S. 591 (2015). This case was stayed pending the Fourth
Circuit’s issuance of mandates in United States v. Ali, No. 15-4433 and United States v. Taylor,
No. 19-7616. (Doc. Nos. 4, 5). The Fourth Circuit has resolved Ali and Taylor and the mandates
in those cases have been issued. See United States v. Ali, 991 F.3d 561 (4th Cir. 2021); United
States v. Taylor, 979 F.3d 203 (4th Cir. 2020).
The Government now asks the Court to stay this case pending the United States Supreme
Court’s consideration of Taylor, in which it recently granted certiorari review. United States v.
Taylor, No. 20-1459, 2021 WL 2742792 (U.S. July 2, 2021). Counsel for Petitioner does not
object. (Doc. No. 8 at 2).
The Court finds that a stay of these proceedings is in the interest of justice and judicial
economy. The Government’s Motion will therefore be granted and this case will be stayed pending
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the Supreme Court’s issuance of its decision in Taylor.
IT IS, THEREFORE, ORDERED that:
1.

The Government’s Motion to Hold Motion Under 28 U.S.C. § 2255 in Abeyance,
(Doc. No. 8), is GRANTED.

2.

The Government shall file a Response within 60 days after the U.S. Supreme Court
issues its decision in United States v. Taylor, No. 20-1459.

Signed: July 29, 2021

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