GEORGE v. U.S., 4:11-CR-14-2-BO (2015)
Court: District Court, E.D. North Carolina
Number: infdco20150319c58
Visitors: 17
Filed: Mar. 18, 2015
Latest Update: Mar. 18, 2015
Summary: ORDER TERRENCE W. BOYLE , District Judge . This matter is before the Court on petitioner's request for a continued stay. This matter was previously stayed pending the Fourth Circuit's en bane decision in Whiteside v. United States, 775 F.3d 180 (2014). The parties in this instant matter were directed to briefthe Court on the effect ofthe Whiteside opinion within fourteen days ofthe issuance of mandate. Mandate issued in Whiteside on February 10, 2015. Petitioner timely filed his sup
Summary: ORDER TERRENCE W. BOYLE , District Judge . This matter is before the Court on petitioner's request for a continued stay. This matter was previously stayed pending the Fourth Circuit's en bane decision in Whiteside v. United States, 775 F.3d 180 (2014). The parties in this instant matter were directed to briefthe Court on the effect ofthe Whiteside opinion within fourteen days ofthe issuance of mandate. Mandate issued in Whiteside on February 10, 2015. Petitioner timely filed his supp..
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ORDER
TERRENCE W. BOYLE, District Judge.
This matter is before the Court on petitioner's request for a continued stay. This matter was previously stayed pending the Fourth Circuit's en bane decision in Whiteside v. United States, 775 F.3d 180 (2014). The parties in this instant matter were directed to briefthe Court on the effect ofthe Whiteside opinion within fourteen days ofthe issuance of mandate.
Mandate issued in Whiteside on February 10, 2015. Petitioner timely filed his supplemental brief pursuant to the Court's order; the government failed to comply with the Court's order to file a brief within fourteen days of the mandate.
Petitioner requests a continued stay of this matter pending the Fourth Circuit's decision in United States v. Foote, No. 13-7841. Petitioner contends that in Foote the court of appeals will address the issue of whether a career offender error is cognizable on collateral review. The Court finds there to be no prejudice to the government in granting petitioner's request for continued stay.
Accordingly, the stay in this matter is CONTINUED until mandate issues in United States v. Foote. The parties shall brief the Court on the effect of the opinion in Foote on petitioner's case within ten days of the issuance of the mandate.
SO ORDERED.
Source: Leagle
