Morgan v. USA

Filing 12

ORDER granting 11 Motion to Stay. Signed by District Judge Robert J. Conrad, Jr on 2/17/2021. (brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-357-RJC
(3:06-cr-176-RJC-1)
ANTOINE RYAN MORGAN,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.
_______________________________________

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ORDER

THIS MATTER is before the Court on the Government’s Motion to Hold Petitioner’s
Motion to Vacate in Abeyance, (Doc. No. 11).
Petitioner filed a Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255
raising a Johnson v. United States, 576 U.S. 591 (2015) challenge to his conviction for violating
18 U.S.C. § 924(c). (Doc. No. 1). The Court stayed this matter pending the Fourth Circuit Court
of Appeals’ consideration of United States v. Ali, No. 15-4433 and United States v. Simms, No.
15-4640. (Doc. No. 4). The Court then lifted the stay pursuant to United States v. Davis, 139 S.Ct.
2319 (2019). (Doc. No. 5). However, the case was subsequently stayed pursuant to United States
v. Taylor, 19-7616. (Doc. Nos. 7, 10).
The Government now asks the Court to stay the case pending the filing of a petition for
certiorari in Taylor,1 the United States’ acquiescence in a defendant-filed petition that presents the
same issue, or the decision of the Acting Solicitor General not to file a petition for certiorari –
whichever occurs first. Counsel for Petitioner does not oppose the stay. (Doc. No. 11 at 3).

1

An extended 150-day deadline applies to a filing of a certiorari petition due to COVID-19.

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The Court finds that a stay of these proceedings is in the interest of justice and judicial
economy. The Government shall promptly notify the Court of the United States’ filing of a petition
for certiorari in Taylor, the United States’ acquiescence in a defendant-filed petition that presents
the same issue, or the Acting Solicitor General’s decision not to file a petition for certiorari,
whichever occurs first.2
IT IS, THEREFORE, ORDERED that:
1.

The Government’s Motion to Hold Petitioner’s Motion to Vacate in Abeyance,
(Doc. No. 11) is GRANTED.

2.

The Government shall promptly notify the Court of the United States’ filing of a
petition for certiorari in Taylor, the United States’ acquiescence in a defendant-filed
petition that presents the same issue, or the Acting Solicitor General’s decision not
to file a petition for certiorari, whichever occurs first.

Signed: February 17, 2021

2

The Government has indicated that it will either move to hold the case in abeyance pending a Supreme Court
determination on a relevant petition, or file a response to the Motion to Vacate at that time. (Doc. No. 11 at 3).

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