Agtuca v. USA
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)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
KENNETH DUANE AGTUCA,
UNITED STATES OF AMERICA,
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.
Robert S. Lasnik
United States District Judge
s/ Michael Filipovic
Federal Public Defender
Attorney for Kenneth Duane Agtuca
(Kenneth Agtuca, CV16-1981-RSL) - 1
FEDERAL PUBLIC DEFENDER
1601 Fifth Avenue, Suite 700
Seattle, Washington 98101
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?