Davis v. United States of America

Filing 29

ORDER LIFTING STAY AND DIRECTING PETITIONER TO FILE RESPONSE. Signed by Judge J. Daniel Breen on 1/17/18. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
BRAD DAVIS,
Petitioner,
v.

No. 1:13-cv-01225-JDB-egb
No. 1:07-cr-10063-JDB-1

UNITED STATES OF AMERICA,
Respondent.
ORDER LIFTING STAY
AND
DIRECTING PETITIONER TO FILE RESPONSE
On October 4, 2017, the Court directed Petitioner, Brad Davis, to file a response to the
government’s motion for relief from judgment. (Case Number (“No.”) 13-cv-01225, Docket
Entry (“D.E.”) 20 at PageID 96.) Petitioner was ordered to address the Sixth Circuit’s recent
decision in United States v. Verwiebe, 874 F.3d 258 (6th Cir. 2017), reh’g en banc denied (6th
Cir. Jan. 3, 2018).

(Id.)

The Court thereafter granted Petitioner’s request for a stay of

proceedings in this case pending the Sixth Circuit’s ruling on the petition for rehearing en banc
in Verwiebe. (Id., D.E. 28.) On January 3, 2018, the Sixth Circuit denied rehearing. United
States v. Verwiebe, No. 16-2591, D.E. 31 (6th Cir. Jan. 3, 2018).
Accordingly, the STAY IS LIFTED. Petitioner is ORDERED to file a response to the
government’s motion within fourteen days of the entry-date of this order. The response shall
address whether, and in what way, a distinction should be drawn between Verwiebe’s application
of Voisine v. United States, 136 S. Ct. 2272 (2016), to the Career Offender provision of the
Sentencing Guidelines and application of Voisine to the Armed Career Criminal Act, 18 U.S.C. §
924(e). Respondent may file a reply no later than fourteen days after the response is filed.

IT IS SO ORDERED this 17th day of January 2018.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

2