Knox v. United States of America

Filing 14

ORDER by Judge Benjamin H. Settle setting briefing schedule for 13 Emergency MOTION for Reconsideration. (TG)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 5 6 7 JAMES RUSSELL KNOX, 8 Petitioner, 9 10 v. UNITED STATES OF AMERICA, 11 CASE NO. C16-5502BHS ORDER REQUESTING RESPONSE AND SETTING BRIEFING SCHEDULE Respondent. 12 13 This matter comes before the Court on the Government’s motion for 14 reconsideration (Dkt. 13). 15 On January 24, 2017, the Court granted Petitioner James Knox’s (“Knox”) petition 16 concluding in part that the residual clause in the United States Sentencing Guidelines was 17 void for vagueness. Dkt. 11. On March 6, 2017, the Supreme Court issued its decision in 18 Beckles v. United States, 15-8544, 2017 WL 855781 (U.S. Mar. 6, 2017), concluding that 19 “the Guidelines are not subject to a vagueness challenge under the Due Process Clause. 20 The residual clause in § 4B1.2(a)(2) therefore is not void for vagueness.” Id. at *6. The 21 Government filed the instant motion after Beckles, seeking reconsideration of the Court’s 22 conclusion. Dkt. 13. ORDER - 1 1 “No response to a motion for reconsideration shall be filed unless requested by the 2 court. No motion for reconsideration will be granted without such a request.” Local 3 Rules, W.D. Wash. LCR 7(h)(3). The Court finds that the Government’s motion has 4 merit. Therefore, the Court requests a response from Knox, which may be filed no later 5 than March 17, 2017. The Government may file a reply no later than March 24, 2017. 6 The Clerk shall renote the Government’s motion for consideration on the Court’s March 7 24, 2017 calendar. The parties may file a motion to extend these deadlines if necessary. 8 IT IS SO ORDERED. 9 Dated this 7th day of March, 2017. A 10 11 BENJAMIN H. SETTLE United States District Judge 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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