Miller v. USA

Filing 25

MEMORANDUM DECISION AND ORDER LIFTING STAY. This matter was stayed pending the Tenth Circuit's decision in United States v. Baker, 20- 3062 (10th Cir.). The Tenth Circuit has decided Baker, reiterating that Hobbs Act robbery is categorically a crime of violence. Therefore, the court lifts the stay. If Petitioner maintains, after Baker, the position that this case should not be dismissed, he shall file a brief setting forth his reasoning by October 28, 2022. If Petitioner does not file a brief, the court will dismiss this action based on Baker. Signed by Judge Dale A. Kimball on 10/6/2022. (eat)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH

TYLER JAMES MILLER,
Petitioner,
vs.

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

UNITED STATES OF AMERICA,

Judge Dale A. Kimball

Respondent.

These matters were stayed pending the Tenth Circuit’s decision in United States v. Baker,
20-3062 (10th Cir.). The Tenth Circuit has decided Baker, reiterating that Hobbs Act robbery is
categorically a crime of violence. 2022 WL 3371011 (10th Cir. Aug. 16, 2022). Therefore, the
court lifts the stay. If Petitioner maintains, after Baker, the position that these cases should not
be dismissed, he shall file a brief setting forth his reasoning by October 28, 2022. If Petitioner
does not file a brief, the court will dismiss these actions based on Baker.
DATED this 6th day of October, 2022.

BY THE COURT:

____________________________________
Dale A. Kimball,
United States District Judge