Davis v. USA

Filing 10

ORDER granting 9 Motion to Stay. This case is held in abeyance pending the Fourth Circuits consideration of Taylor, No. 19-7616. The Government shall have 60 days following the Fourth Circuits issuance of its mandate in Taylor file an answer, motion, or other response to the § 2255 Motion to Vacate.Signed by District Judge Max O. Cogburn, Jr on 4/27/2020. (ams)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-384-MOC
(3:11-cr-80-MOC-DSC-1)
ZAVIER MARQUIS DAVIS,

)
)
Petitioner,
)
)
vs.
)
)
UNITED STATES OF AMERICA,
)
)
Respondent.
)
___________________________________ )

ORDER

THIS MATTER is before the Court on its own motion and a Motion to Stay, (Doc. No.
9), filed by counsel for Petitioner.
The Court ordered the parties to file a Response indicating why this matter should not
proceed based on the United States Supreme Court’s decision in United States v. Davis, No. 18431. Counsel for Petitioner has filed this Motion to Stay pending the Fourth Circuit’s decision in
United States v. Taylor, No. 19-7616 in which a certificate of appealability was granted, in part,
on the issue of whether attempted Hobbs Act robbery categorically qualifies as a predicate crime
of violence for purposes of 18 U.S.C. § 924(c). Counsel for the Government consents to this
Motion. (Doc. No. 9 at 2). The Court finds that the Motion to Stay is in the interests of justice and
judicial economy and will be granted.
IT IS, THEREFORE, ORDERED that:
1.

Petitioner’s Motion to Stay, (Doc. No. 9), is GRANTED.

2.

This case is held in abeyance pending the Fourth Circuit’s consideration of Taylor,
No. 19-7616. The Government shall have 60 days following the Fourth Circuit’s
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Case 3:16-cv-00384-MOC Document 10 Filed 04/27/20 Page 1 of 2

issuance of its mandate in Taylor file an answer, motion, or other response to the §
2255 Motion to Vacate.

Signed: April 27, 2020

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