Ramsey v. USA

Filing 8

ORDER granting 7 Motion to Stay pending the decision in US v. Brown. Petitioner shall have 14 days from the date the Fourth Circuit issues its mandate in Brown to reply to the Govt's Response to the Motion to Vacate. Signed by District Judge Max O. Cogburn, Jr on 5/18/2017. (chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-00441-MOC
(3:00-cr-00099-MOC-1)
BARRON BERNARD RAMSEY,

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

ORDER

THIS MATTER is before the Court upon Petitioner’s unopposed Motion to hold this
action in abeyance pending a decision by the Fourth Circuit Court of Appeals in United States v.
Brown, No. 16-7056. (Doc. No. 7.) Brown, like Petitioner, was sentenced as a career-offender
when the Sentencing Guidelines were mandatory, rather than advisory, and argues that the
Supreme Court’s decision in Beckles v. United States, 137 S. Ct. 886 (2017), does not resolve
whether his sentence is invalid under United States v. Johnson, 135 S. Ct. 2551 (2015).
For the reasons stated therein, and without objection from counsel for the Government,
the Court concludes the Motion should be granted.
IT IS, THEREFORE, ORDERED that the Motion to Hold Petitioner’s Motion to
Vacate in Abeyance (Doc. No. 7) is GRANTED, and this action is STAYED pending the Fourth
Circuit’s decision in United States v. Brown, No. 16-7056. Petitioner shall have 14 days from
the date the Fourth Circuit issues its mandate in Brown to file a reply to the Government’s
Response to the Motion to Vacate.
Signed: May 18, 2017