Bennett v. USA

Filing 4

ORDER granting 3 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-00429-RJC
(3:04-cr-00315-RJC-1)
TERRY JACKSON BENNETT,
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. 3: Motion to Stay). Petitioner
does not oppose the motion.
In his § 2255 Motion to Vacate, Petitioner challenges his designation as a career offender
under § 4B1.2 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 under the ACCA should apply to the residual
clause of the career offender guideline, 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 violence under the Guidelines. (Motion to Stay at 1-2).
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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. 3), 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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