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ARNOLD v. U.S., 3:05-cr-46-RJC-DSC-2 (2014)

Court: District Court, W.D. North Carolina Number: infdco20140915559 Visitors: 15
Filed: Sep. 12, 2014
Latest Update: Sep. 12, 2014
Summary: ORDER ROBERT J. CONRAD, Jr., Chief District Judge. THIS MATTER is before the Court on consideration of Respondent's motion to stay disposition of this 2255 proceeding pending the Fourth Circuit's decision following rehearing en banc in Whiteside v. United States , 741 F.3d 541 (4th Cir. 2014). The Fourth Circuit granted the Government's motion for rehearing en banc and has calendared oral argument for September 18, 2014. Whiteside v. United States , 2014 U.S. App. LEXIS 13277 (4th Cir. J
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ORDER

ROBERT J. CONRAD, Jr., Chief District Judge.

THIS MATTER is before the Court on consideration of Respondent's motion to stay disposition of this § 2255 proceeding pending the Fourth Circuit's decision following rehearing en banc in Whiteside v. United States, 741 F.3d 541 (4th Cir. 2014). The Fourth Circuit granted the Government's motion for rehearing en banc and has calendared oral argument for September 18, 2014. Whiteside v. United States, 2014 U.S. App. LEXIS 13277 (4th Cir. July 10, 2014); Whiteside v. United States, No. 13-7152 (4th Cir. July 14, 2014). Based on the foregoing, the Court finds that this § 2255 proceeding should be stay pending the Fourth Circuit's en banc decision in Whiteside v. United States.

IT IS, THEREFORE, ORDERED that the Government's motion to stay disposition of this case is GRANTED, (Doc. No. 25), and this case is STAYED pending the Fourth Circuit's en banc decision in Whiteside v. United States.

IT IS SO ORDERED.

Source:  Leagle

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