Sledge v. United States of America

Filing 16

MINUTE ORDER striking Petitioner's 13 Motion to Dismiss and Withdraw Motion to Vacate; RE-NOTING to 4/21/2017 parties' 15 Stipulated Motion for Reconsideration. On or before the noting date, parties shall file either separate briefs or a joint brief complying with the direction in the Minute Order (Doc. 14 ). Authorized by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.
NICHOLAS MICHAEL SLEDGE,
Defendant.

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NICHOLAS MICHAEL SLEDGE,
Petitioner,

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CR14-81 TSZ

C16-873 TSZ

v.
UNITED STATES OF AMERICA,

MINUTE ORDER

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Respondent.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
By Minute Order entered March 23, 2017, docket no. 53 in CR14-81 and
docket no. 14 in C16-873, the Court directed petitioner to file, on or before April 6, 2017,
a supplemental brief addressing (i) the basis on which petitioner moves to withdraw his
motion under 28 U.S.C. § 2255, and (ii) whether petitioner must be provided an
opportunity to allocute at any resentencing. No supplemental brief was timely filed.
Instead, the parties have filed a stipulated motion for reconsideration, which summarizes
the holding in Beckles v. United States, --- U.S. ---, 2017 WL 855781 (Mar. 6, 2017), but
which fails to address whether petitioner must be allowed to allocute before the Court
may resentence him, and which does not discuss the other issues identified in the Minute
Order entered March 23, 2017, namely (i) whether Beckles has retroactive effect, and
MINUTE ORDER - 1

1 (ii) whether the Government has waived the ability to rely on Beckles by failing to even
argue, in response to Sledge’s motion under 28 U.S.C. § 2255, that the Sentencing
2 Guidelines are not subject to a void-for-vagueness challenge.
(2)
Petitioner’s motion, docket no. 13 in C16-873, to vacate the Order entered
March 3, 2017, docket no. 12 in C16-873, is STRICKEN in light of the parties’ stipulated
4 motion for reconsideration. The parties’ stipulated motion for reconsideration, docket
no. 15 in C16-873, is RENOTED to April 21, 2017. On or before the noting date, the
5 parties shall file either separate briefs or a joint brief complying with the direction in the
Minute Order entered March 23, 2017, to address the issues identified therein.
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(3)
The Clerk is directed to send a copy of this Minute Order to all counsel of
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Dated this 7th day of April, 2017.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2