Cross v. United States of America

Filing 11

ORDER signed by Judge J.P. Stadtmueller on 3/27/2017 GRANTING 10 Petitioner's Unopposed MOTION to Lift Stay and Set Briefing Schedule and ORDERING that the stay be lifted. Parties to each file a brief of not more than 20 pages by 4/10/2017 on the merits of the petition in light of relevant precedent; response briefs of not more than 10 pages due by 4/17/2017; no reply briefs permitted. See Order. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DEANGELO CROSS,
Petitioner,

Case No. 15-CV-1338-JPS

v.
UNITED STATES OF AMERICA,
Respondent.

ORDER

On November 9, 2015, Petitioner filed a motion pursuant to 28 U.S.C.
§ 2255 to vacate, set aside, or correct his sentence. (Docket #1). When this
matter was reassigned to this branch of the Court in August 2016, the Court
determined that it should be stayed pending resolution of several relevant
appeals before the Seventh Circuit relating to the effect of Johnson v. United
States, 135 S. Ct. 2551 (2015), on the petition. (Docket #9). Also at that time,
another pertinent case, Beckles v. United States, No. 15-8544, was pending in
the Supreme Court. (Docket #10 at 1).
Beckles was decided on March 6, 2017. Beckles, 2017 WL 855781 (Mar.
6, 2017). Currently before the Court is Petitioner’s unopposed motion to lift
the stay and permit the parties to brief their positions on the merits of the
petition in light of Beckles and other relevant precedent. (Docket #10). The
parties have agreed to a quick briefing schedule and the submission of
simultaneous briefs on their respective positions in early April. Id. at 2–3. The
Court will oblige their request.
Accordingly,
IT IS ORDERED that Petitioner’s unopposed motion to lift the stay
and set a briefing schedule (Docket #10) be and the same is hereby
GRANTED;

IT IS FURTHER ORDERED that the stay in this matter be and the
same is hereby LIFTED;
IT IS FURTHER ORDERED that the parties shall each file a brief of
not more than twenty (20) pages advancing their respective positions on the
above-described matters no later than April 10, 2017; and
IT IS FURTHER ORDERED that each party shall respond to the brief
of their opponent no later than April 17, 2017. The response brief shall not
exceed ten (10) pages. No reply briefs will be permitted.
Dated at Milwaukee, Wisconsin, this 27th day of March, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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