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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JAMES RUSSELL KNOX,

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Petitioner,

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v.
UNITED STATES OF AMERICA,

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CASE NO. C16-5502BHS
ORDER REQUESTING
RESPONSE AND SETTING
BRIEFING SCHEDULE

Respondent.

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This matter comes before the Court on the Government’s motion for

14 reconsideration (Dkt. 13).
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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

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“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.
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IT IS SO ORDERED.

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Dated this 7th day of March, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2