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U.S. v. CARCAMO, CR 08-0730 WHA. (2016)

Court: District Court, N.D. California Number: infdco20160916h09 Visitors: 16
Filed: Sep. 15, 2016
Latest Update: Sep. 15, 2016
Summary: ORDER DENYING MOTION TO STAY WILLIAM ALSUP , District Judge . Defendant, a federal prisoner, has filed a motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 based on the Supreme Court's decision in Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551 (2015). As part of a 180-month sentence, the Court imposed a 60-month sentence pursuant to 18 U.S.C. 924(c)(3)(B). The government now moves to stay proceedings pending resolution by our court of appeals in United States
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ORDER DENYING MOTION TO STAY

Defendant, a federal prisoner, has filed a motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 based on the Supreme Court's decision in Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551 (2015). As part of a 180-month sentence, the Court imposed a 60-month sentence pursuant to 18 U.S.C. 924(c)(3)(B). The government now moves to stay proceedings pending resolution by our court of appeals in United States v. Begay, 9th Cir. No. 14-10080, of whether 18 U.S.C. 924(c)(3)(B) is unconstitutionally vague under Johnson.

The Court is of the view that briefing should proceed on schedule without any stay in light of the fact that defendant could possibly be sentenced to time served if his 2255 motion is granted. Therefore, the application for stay is DENIED in this case.

IT IS SO ORDERED.

Source:  Leagle

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