United States v. Pham, 99-10110-02-JTM. (2019)
Court: District Court, D. Kansas
Number: infdco20190729665
Visitors: 7
Filed: Jul. 26, 2019
Latest Update: Jul. 26, 2019
Summary: MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . This matter is before the court on defendant Tuan Pham's second or successive petition under 28 U.S.C. 2255, which seeks to vacate his 18 U.S.C. 924(c) conviction on the grounds that the 924(c) offense required proof of an underlying crime of violence, and (according to the defendant) Hobbs Act robbery (18 U.S.C. 1951) is not such a crime. The court stayed (Dkt. 134) consideration of defendant's motion pending the ultimate res
Summary: MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . This matter is before the court on defendant Tuan Pham's second or successive petition under 28 U.S.C. 2255, which seeks to vacate his 18 U.S.C. 924(c) conviction on the grounds that the 924(c) offense required proof of an underlying crime of violence, and (according to the defendant) Hobbs Act robbery (18 U.S.C. 1951) is not such a crime. The court stayed (Dkt. 134) consideration of defendant's motion pending the ultimate reso..
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MEMORANDUM AND ORDER
J. THOMAS MARTEN, District Judge.
This matter is before the court on defendant Tuan Pham's second or successive petition under 28 U.S.C. § 2255, which seeks to vacate his 18 U.S.C. § 924(c) conviction on the grounds that the § 924(c) offense required proof of an underlying crime of violence, and (according to the defendant) Hobbs Act robbery (18 U.S.C. § 1951) is not such a crime. The court stayed (Dkt. 134) consideration of defendant's motion pending the ultimate resolution of the issue by the Supreme Court in Stokeling v. United States, 139 S.Ct. 544, 553 (2019). The Court in Stokeling resolved this issue adversely to the defendant.
In light of that decision, the court hereby withdraws the stay. The court is without jurisdiction to entertain defendant's successive § 2255 Motion to Vacate, which is hereby dismissed.
IT IS ACCORDINGLY ORDERED this day of July, 2019, that the defendant-petitioner's Motion to Vacate (Dkt. 132) is hereby dismissed.
Source: Leagle
