Agtuca v. USA

Filing 18

ORDER granting petitioner's 14 Motion to determine petitioner's claim as to his conviction and life sentence under the Armed Career Criminal Act and to not defer ruling until the Supreme Court decides Sessions v. Dimaya, No. 15-1498, signed by Judge Robert S. Lasnik. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KENNETH DUANE AGTUCA,
Petitioner,

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v.
UNITED STATES OF AMERICA,
Respondent.

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Civil No. CV16-1981-RSL
Crim. No. CR93-407-RSL
ORDER GRANTING MOTION TO
DETERMINE PETITIONER’S CLAIM
AS TO HIS LIFE SENTENCE UNDER
THE ACCA AND NOT DEFER
RULING UNTIL THE SUPREME
COURT DECIDES SESSIONS V.
DIMAYA, NO. 15-1498

THE COURT has considered Mr. Agtuca’s motion to determine his claim as to
his conviction and life sentence under the Armed Career Criminal Act and to not defer
ruling until the Supreme Court decides Sessions v. Dimaya, No. 15-1498.
IT IS HEREBY ORDERED that motion for relief under 28 U.S.C. § 2255 will
be considered in the normal course, and the Court will not stay or defer ruling on
Petitioner’s motion pending a decision in Sessions v. Dimaya, No. 15-1498, or
decisions in pending Ninth Circuit cases involving armed bank robbery as a predicate
for conviction under 18 U.S.C. § 924(c).
DONE this 7th day of August, 2017.

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A
Robert S. Lasnik

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United States District Judge 

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Presented by:
s/ Michael Filipovic
Federal Public Defender
Attorney for Kenneth Duane Agtuca

ORDER
(Kenneth Agtuca, CV16-1981-RSL) - 1

FEDERAL PUBLIC DEFENDER
1601 Fifth Avenue, Suite 700
Seattle, Washington 98101
[phone]