Stipulation to Life Stay

JAMES C. MAHAN, District Judge.

IT IS HEREBY STIPULATED AND AGREED, by and between Assistant United States Attorney Elizabeth O. White, counsel for the United States of America; and Assistant Federal Public Defender Wendi Overmyer, counsel for Lance Grandberry, to lift the stay of the matter of Grandberry's motion to vacate, ECF No. 167.

This stipulation is entered into for the following reasons

On May 8, 2019, the Court granted Grandberry's motion to stay proceedings in the matter of his motion to vacate sentence pending final resolution of United States v. Blackstone, 903 F.3d 1020 (9th Cir. 2018). ECF No. 184. The Court ordered the parties to file a stipulation within 10 days after the Ninth Circuit issued its mandate or the U.S. Supreme Court resolved certiorari. Ibid. The Court further ordered that, once the Court lifted the stay, the government would have 14 days to file a supplemental brief pertaining to any new authority relevant to this action, Grandberry would then have 14 days to respond, and the government would then have seven days to reply. Ibid.

On Monday, June 24, 2019, the Supreme Court denied certiorari in Blackstone, and the Ninth Circuit issued the mandate in that case. See CA No. 17-55023, at Dkt. Entry #65.

For the above-stated reasons, the parties stipulate that the stay in these proceedings should be lifted; that the government should have 14 days from the date the stay is lifted to file a supplemental brief pertaining to any new authority relevant to this action; Grandberry should then have 14 days to respond; and the government should then have seven days to reply.

ORDER

Based on the Stipulation of counsel and good cause appearing,

IT IS THEREFORE ORDERED that the stay in these proceedings is lifted. The government shall have 14 days from the date of this Order to file a supplemental brief pertaining to any new authority relevant to this action; Grandberry shall then have 14 days to respond; and the government shall then have seven days to reply.