Hunt v. USA
Filing
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ORDER granting 4 Motion to Stay. Respondent shall have 60-days from the date the Supreme Court renders itsdecision in Beckles v. United States to file a response to Petitioners § 2255. Signed by District Judge Robert J. Conrad, Jr on 9/22/16. (ssh)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-00412-RJC
(3:11-cr-00108-RJC-1)
DELTON JEFFREY HUNT,
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
the disposition of Petitioner’s § 2255 Motion to Vacate. (Doc. No. 4: Motion to Stay). Petitioner
does not oppose the motion.
In his § 2255 Motion to Vacate, Petitioner challenges the enhancement of his sentence
pursuant to § 2K2.1 of the U.S. Sentencing Guidelines Manual, and he relies on the Supreme
Court’s decision in United States v. Johnson, 135 S. Ct. 2551 (2015), in which the Court struck
down the residual clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), after
concluding that it violated due process because it was unconstitutionally vague.
In the motion to stay, Respondent notes the Supreme Court has granted a petition for a
writ of certiorari in Beckles v. United States, No. 15-8544, to consider whether the Johnson
Court’s conclusion regarding the residual clause of the ACCA should apply to the residual clause
of the definition of “crime of violence” that is contained in the career offender guideline in
USSG § 4B1.2, and if so, whether Johnson should apply retroactively on collateral review. The
Court is also considering the issue of whether possession of a sawed-off shotgun is a crime of
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violence under the Guidelines. (Motion to Stay at 1-2).
Because resolution of the issues involved in the Beckles case may have a bearing on the
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. United States to file a response to Petitioner’s § 2255 Motion to Vacate.
SO ORDERED.
Signed: September 22, 2016
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