Butler v. USA

Filing 4

ORDER granting 3 Motion to Stay. Respondent shall have 60-days from the date Supreme Court renders its decision in Beckles v. United States to file a response to Petitioner's 2255 Motion to Vacate. Signed by District Judge Robert J. Conrad, Jr on 9/6/16. (Pro se litigant served by US Mail.)(mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-00382-RJC
(3:15-cr-00024-RJC-DSC-15)
AKANNI BUTLER,
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. 3). 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 in which he challenges his designation
as a career offender.
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 in 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.” (3:16-cv-00382, Doc. No. 3 at 1-2).
Because resolution of the issues involved in the Beckles case may have a bearing on the
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disposition of the issues in Petitioner’s case, the Court will grant Respondent’s 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.
SO ORDERED.
Signed: September 6, 2016

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