Maumau v. USA

Filing 81

MEMORANDUM DECISION AND ORDER granting 10 Amended Motion to Vacate, Set Aside or Correct Sentence (2255) - the court will file an amended judgment in 2:08cr00758-11 vacating Mr. Maumau's two 18:924(c) convictions based on VICAR. Signed by Judge Tena Campbell on 5/4/23 (alt)

Case 2:15-cv-00600-TC Document 81 Filed 05/04/23 PageID.1217 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

KEPA MAUMAU,
Petitioner,

ORDER AND
MEMORANDUM DECISION
GRANTING PETITION

v.
Civil Case No. 2:15-cv-600-TC
Criminal Case No. 2:08-cr-758-TC
UNITED STATES OF AMERICA,

Judge: Tena Campbell

Respondent.

On August 10, 2017, the court denied petitioner Kepa Maumau’s motion to vacate, set
aside, or correct sentence under 28 U.S.C. § 2255. On January 31, 2022, the Tenth Circuit
reversed in part and vacated the court’s judgment. Specifically, the Tenth Circuit held that Mr.
Maumau’s predicate assault conviction under the Violent Crimes in Aid of Racketeering
(“VICAR”) statute, 18 U.S.C. § 1959(a)(3), could not support two of his separate convictions for
brandishing a firearm during a crime of violence under 18 U.S.C. § 924(c). Mr. Maumau has
filed a supplemental memorandum in support of his habeas petition arguing that the court should
vacate his two § 924 (c) convictions based on VICAR (ECF No. 79). Mr. Maumau has also filed
a motion for early termination of supervised release in his criminal case.
Based on the Tenth Circuit’s ruling and for good cause appearing, the court grants Mr.
Maumau’s motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. The court
1

Case 2:15-cv-00600-TC Document 81 Filed 05/04/23 PageID.1218 Page 2 of 2

will file an amended judgment vacating Mr. Maumau’s two § 924(c) convictions based on
VICAR. 1 The court resentences Mr. Maumau to time served with no period of supervised
release to follow. Mr. Maumau’s motion for early termination of supervised release is
terminated as moot (Case No. 2:08-cr-758, ECF No. 1923).
SO ORDERED this 4th day of May, 2023.
BY THE COURT:
_________________________
TENA CAMPBELL
U.S. District Court Judge

1

Counts 25 (for trial purposes renumbered to count 14) and 27 (for trial purposes renumbered to
count 16) of the Second Superseding Indictment.
2