Davis v. USA

Filing 5

ORDER granting 4 Motion to Stay. Respondent shall have 60-days from the date the Supreme Court renders itsdecision in Beckles v. Unites States to file a response. Signed by District Judge Robert J. Conrad, Jr on 8/16/16. (ssh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-00349-RJC
(3:14-cr-00032-RJC-1)
JAMAL O’BRYAN DAVIS,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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ORDER

THIS MATTER is before the Court on consideration of the Respondent’s motion to stay
disposition of this collateral proceeding. (Doc. No. 4).
Respondent moves for a 60-day extension from the date the Supreme Court decides
Beckles v. United States, No. 15-8455 (June 27, 2016), to file a response to Petitioner’s § 2255
Motion to Vacate. Respondent contends the following issues may have a bearing on Petitioner’s
case: (1) “Whether [Johnson v. United States, 135 S. Ct. 2551 (2015)] applies retroactively to
collateral cases challenging federal sentences enhanced under the residual clause of U.S.S.G. §
4B1.2(a)(2)”; (2) Whether Johnson’s constitutional holding applies to the residual clause in
U.S.S.G. § 4B1.2(a)(2), thereby rendering challenges to sentences enhanced under it cognizable
on collateral review?”; and (3) “Whether mere possession of a sawed-off shotgun, an offense
listed as a ‘crime of violence’ only in the commentary to U.S.S.G. § 4B1.2, remains a ‘crime of
violence’ after Johnson.”
Because issues involved in the Beckles case are likely relevant to resolution of
Petitioner’s case, and noting no objection from Petitioner, the Court will grant Respondent’s
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motion.
IT IS, THEREFORE, ORDERED that Respondent’s motion to stay is GRANTED,
(Doc. No. 4), and Respondent shall have 60-days from the date the Supreme Court renders its
decision in Beckles v. Unites States to file a response to Petitioner’s § 2255 Motion to Vacate.
Petitioner may file a reply consistent with the Local Rules for this District.
Signed: August 16, 2016

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