U.S. v. Rossetti, 99-10098-RGS. (2019)
Court: District Court, D. Massachusetts
Number: infdco20190108968
Visitors: 19
Filed: Jan. 07, 2019
Latest Update: Jan. 07, 2019
Summary: MEMORANDUM AND ORDER ON GOVERNMENT'S MOTION FOR RECONSIDERATION OF THE GRANT OF COLLATERAL RELIEF RICHARD G. STEARNS , District Judge . On Friday, January 4, 2019, the Supreme Court granted certiorari in United States v. Davis, No. 18-431, a Fifth Circuit case in which the issue is framed by the Court as follows: "Whether the subsection-specific definition of "crimes of violence" in 18 U.S.C. 924(c)(3)(B), which applies only in the limited instance of a federal criminal prosecution for
Summary: MEMORANDUM AND ORDER ON GOVERNMENT'S MOTION FOR RECONSIDERATION OF THE GRANT OF COLLATERAL RELIEF RICHARD G. STEARNS , District Judge . On Friday, January 4, 2019, the Supreme Court granted certiorari in United States v. Davis, No. 18-431, a Fifth Circuit case in which the issue is framed by the Court as follows: "Whether the subsection-specific definition of "crimes of violence" in 18 U.S.C. 924(c)(3)(B), which applies only in the limited instance of a federal criminal prosecution for p..
More
MEMORANDUM AND ORDER ON GOVERNMENT'S MOTION FOR RECONSIDERATION OF THE GRANT OF COLLATERAL RELIEF
RICHARD G. STEARNS, District Judge.
On Friday, January 4, 2019, the Supreme Court granted certiorari in United States v. Davis, No. 18-431, a Fifth Circuit case in which the issue is framed by the Court as follows: "Whether the subsection-specific definition of "crimes of violence" in 18 U.S.C. § 924(c)(3)(B), which applies only in the limited instance of a federal criminal prosecution for possessing, using or carrying a firearm in connection with acts compromising such a crime, is unconstitutionally vague." Given the identicality of the issues, the court is preliminarily of the view that prudence counsels the postponing of a decision on the government's motion for reconsideration of the court's grant of collateral relief in this matter until the Supreme Court has ruled.1 Before entering a formal continuance, however, the court invites the views of the parties, should they wish to be heard, by away of responsive filing within ten (10) days of the date of this Order.
ORDER
For the foregoing reasons, the court will, pending its further order, STAY a decision on the government's motion to reconsider.
SO ORDERED.
FootNotes
1. Also, before the Supreme Court is a petition for a writ in United States v. Salas, 889 F.3d 681 (10th Cir. 2018), which I discussed in the August 7, 2018 Memorandum and Order. Salas will likely be consolidated with Douglas as the Solicitor General has sought review in that case as well.
Source: Leagle
