Miller v. USA

Filing 21

MEMORANDUM DECISION AND ORDER STAYING CASE pending the Tenth Circuit's decision in United States v. Baker, 20-3062 (10th Cir.). Signed by Judge Dale A. Kimball on 3/15/2022. (eat)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH

TYLER JAMES MILLER,
Petitioner,
vs.

MEMORANDUM DECISION AND
ORDER GRANTING STAY
Case No. 1:16-cv-68-DAK
Case No. 1:19-cv-85-DAK

UNITED STATES OF AMERICA,

Judge Dale A. Kimball

Respondent.

This mater is before the court on Petitioner’s Motion to Stay pending the Tenth Circuit’s
decision in United States v. Baker, 20-3062 (10th Cir.). In Baker, the Tenth Circuit granted a
certificate of appealability on the issue of whether its prior cases determining that Hobbs Act
robbery was categorically a crime of violence. Given that there is at least an argument to be
made that the Tenth Circuit has not addressed the issue in depth, the court finds no harm in
waiting for the Tenth Circuit’s decision in Baker before addressing the merits of Petitioner’s
motion. Accordingly, the case is stayed pending the Tenth Circuit’s decision in United States v.
Baker, 20-3062 (10th Cir.).
DATED this 15th day of March, 2022.
BY THE COURT:

____________________________________
Dale A. Kimball,
United States District Judge