Wynn v. USA

Filing 4

ORDER granting 3 Motion to Stay. This matter is HELD in abeyance pending a decision by the 4th Circuit in US v. Ali No. 15-4433. After issuance the mandate in Ali, the Government shall have 60 days to Answer or otherwise respond to the 2255 Motion. Signed by District Judge Max O. Cogburn, Jr on 10/16/2017. (Pro se litigant served by US Mail.)(chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-00504-MOC
(3:16-cr-00074-MOC-3)
LAMANUEL WYNN,

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

ORDER

THIS MATTER is before the Court upon the Government’s Motion to hold Lamanuel
Wynn’s 28 U.S.C. § 2255 Motion to Vacate, Set Aside or Correct Sentence in abeyance pending
a decision by the Fourth Circuit Court of Appeals in United States v. Ali, No. 15-4433. (Doc.
No. 3.) Wynn is proceeding pro se. Pursuant to this Court’s Local Rules, he had fourteen (14)
days to respond to the Government’s Motion, see LCvR 7.1(E), which he has not done.
Wynn pleaded guilty to conspiracy to commit Hobbs Act robbery in violation of 18
U.S.C. § 1951 and brandishing a firearm during and in relation to a crime of violence and aiding
and abetting the same in violation of 18 U.S.C. §§ 2, 924(c)(1)(A)(ii). J., United States v. Wynn,
No. 3:16-cr-00074-MOC-3 (W.D.N.C. entered Dec. 2, 2016), Doc. No. 193. He was sentenced
to 46 months of imprisonment for the Hobbs Act count and 84 months of imprisonment for the
firearm count, with the sentences to run consecutively. Id.
Wynn challenges his conviction under § 924(c), as well as the sufficiency of the
indictment. He argues that pursuant to Johnson v. United States, 135 S. Ct. 2551 (2015), the
residual clause in 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague and, therefore, his
conviction under § 924(c) is invalid because a Hobbs Act robbery does not qualify as a “crime of
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violence.” Johnson held that “imposing an increased sentence under the residual clause of the
Armed Career Criminal Act violates the Constitution’s guarantee of due process,” but it did not
address the residual clause under § 924(c)(3)(B). See Johnson, 135 S. Ct. at 2563.
In Ali, the Fourth Circuit is considering whether Johnson renders the residual clause of §
924(c)(3)(B) unconstitutionally vague. Ali involves a Hobbs Act robbery conviction.
The Government contends that Ali may be dispositive of Wynn’s argument in favor of
relief and, therefore, moves this Court to hold Wynn’s Motion to Vacate in abeyance pending a
decision in that case. For the reasons stated in the Government’s Motion, and in the absence of
opposition from Wynn, the Court shall grant the Motion.
IT IS, THEREFORE, ORDERED that the Government’s Motion to hold Petitioner
Lamanuel Wynn’s § 2255 Motion to Vacate in abeyance (Doc. No. 3) is GRANTED, and this
matter is HELD in abeyance pending a decision by the Fourth Circuit in United States v. Ali,
No. 15-4433. After issuance the mandate in Ali, the Government shall have 60 days to Answer
or otherwise respond to the § 2255 Motion.

Signed: October 16, 2017

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