Filed: Mar. 29, 2017
Latest Update: Mar. 29, 2017
Summary: ORDER SEAN F. COX , District Judge . In Criminal Case No. 11-20752, Petitioner Darren Terry ("Petitioner") was charged with drug and firearm offenses. On May 27, 2016, Petitioner filed a Motion to Vacate Sentence, pursuant to 28 U.S.C. 2255, raising, among other things, a claim under Johnson v. United States, 135 S.Ct. 2551 (2015). (Doc. # 623). In an Order issued on August 29, 2016, this Court granted the Government's Motion to Stay and ordered this matter stayed until the Supreme C
Summary: ORDER SEAN F. COX , District Judge . In Criminal Case No. 11-20752, Petitioner Darren Terry ("Petitioner") was charged with drug and firearm offenses. On May 27, 2016, Petitioner filed a Motion to Vacate Sentence, pursuant to 28 U.S.C. 2255, raising, among other things, a claim under Johnson v. United States, 135 S.Ct. 2551 (2015). (Doc. # 623). In an Order issued on August 29, 2016, this Court granted the Government's Motion to Stay and ordered this matter stayed until the Supreme Co..
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ORDER
SEAN F. COX, District Judge.
In Criminal Case No. 11-20752, Petitioner Darren Terry ("Petitioner") was charged with drug and firearm offenses. On May 27, 2016, Petitioner filed a Motion to Vacate Sentence, pursuant to 28 U.S.C. § 2255, raising, among other things, a claim under Johnson v. United States, 135 S.Ct. 2551 (2015). (Doc. # 623). In an Order issued on August 29, 2016, this Court granted the Government's Motion to Stay and ordered this matter stayed until the Supreme Court's decision in Beckles v. United States. (Doc. # 632).
On March 6, 2017, the United States Supreme Court issued Beckles v. United States, 580 U.S. ___, 2017 WL 855781 (March 6, 2017), wherein the Court ruled that the Federal Sentencing Guidelines, including § 4B1.2(a)'s residual clause, are not subject to vagueness challenges under the Due Process Clause.
As such, the Court concludes that there is no longer a reason to stay Petitioner's § 2255 motion. The Court therefore ORDERS the Government to file a response to Petitioner's § 2255 Motion no later than May 31, 2017.
IT IS FURTHER ORDERED that any reply brief filed by Petitioner must be filed no later than June 30, 2017.
IT IS SO ORDERED.
