Powell v. USA

Filing 14

ORDER granting 13 Motion to Stay. The Government shall notify this Court when either of these events occurs and shall have 45 days after either event in which to file its response. Signed by District Judge Robert J. Conrad, Jr on 8/15/2018. (nvc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:14-cv-119-RJC
(5:03-cr-37-RJC-13)
TROY NAMAN POWELL,

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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 on an unopposed motion to stay filed by the Government.
(Doc. No. 13). This matter is currently being held in abeyance pending resolution of United
States v. Wheeler, which was decided by the Fourth Circuit on June 11, 2018. United States v.
Wheeler, No. 16-6073, 2018 WL 2947929 (4th Cir. June 11, 2018). The Government now seeks
for this Court to hold this action in abeyance until either (1) the Government decides not to file a
petition for writ of certiorari in United States v. Wheeler or, (2) if the United States files a
petition for writ of certiorari, Wheeler is resolved by the Supreme Court. The Government’s
motion to stay is granted. The Government shall notify this Court when either of these events
occurs and shall have 45 days after either event in which to file its response.
Signed: August 15, 2018