ORDER PROVIDING NOTICE OF PENDING § 2255 MOTION TO FEDERAL PUBLIC DEFENDER PURSUANT TO MISCELLANEOUS ORDER 2019.08.05; VACATING DEADLINE FOR DEFENDANT TO FILE REPLY BRIEF

PHYLLIS J. HAMILTON, District Judge.

Pending before the court is the pro se motion under 28 U.S.C. § 2255 filed by defendant Houston Nathaniel, III. After the government filed its response brief on August 16, 2019, the Ninth Circuit issued a published decision in United States v. Begay, ___ F.3d ____, 2019 WL 3884261 (9th Cir. Aug. 19, 2019), applying United States v. Davis, 139 S.Ct. 2319, 2336 (2019) (declaring that the residual clause of 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague) and holding that second-degree murder under the federal statute does not constitute a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A) because it can be committed recklessly. Pursuant to Miscellaneous Order 2019.08.05, the court hereby NOTIFIES the Office of the Federal Public Defender ("FPD") of the pending § 2255 motion for the limited purpose of determining whether defendant may seek relief under Davis, in light of recent Ninth Circuit authority in Begay.

The government has sought an extension of time for defendant to file a reply, due to the government's late service of its response brief on defendant. Dkt. no. 478. Pending the FPD's review of defendant's claims for relief under Davis, and in the interests of justice and the efficient use of judicial resources, the court VACATES the September 20, 2019, deadline for Nathaniel to file a reply brief in support of his pending § 2255 motion, in order to allow Nathaniel the opportunity to present all his claims for relief in this § 2255 proceeding and to avoid the restrictions on filing "second or successive" § 2255 motions. See 28 U.S.C. § 2255(h). Under Miscellaneous Order 2019.08.05, the FPD will notify the court within 21 days of this order of its decision whether to assume representation on defendant's claims for relief under Davis. After the FPD files this notification, the court will issue an order setting new briefing deadlines.

IT IS SO ORDERED.