DARLING v. U.S., 10 Cr. 640 (PAC) (2016)
Court: District Court, S.D. New York
Number: infdco20160421c16
Visitors: 11
Filed: Apr. 19, 2016
Latest Update: Apr. 19, 2016
Summary: OPINION & ORDER PAUL A. CROTTY , District Judge . The Court GRANTS Petitioner's motion to submit supplemental briefing. Dkt. 7. Petitioner should address the Supreme Court's recent decision in Welch v. United States, No. 15-6418, holding that Johnson v. United States, 135 S.Ct. 2551 (2015), is "a substantive decision and so has retroactive effect ... in cases on collateral review," slip op. at 9, particularly in light of the Government's concession that " Johnson's holding extends t
Summary: OPINION & ORDER PAUL A. CROTTY , District Judge . The Court GRANTS Petitioner's motion to submit supplemental briefing. Dkt. 7. Petitioner should address the Supreme Court's recent decision in Welch v. United States, No. 15-6418, holding that Johnson v. United States, 135 S.Ct. 2551 (2015), is "a substantive decision and so has retroactive effect ... in cases on collateral review," slip op. at 9, particularly in light of the Government's concession that " Johnson's holding extends to..
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OPINION & ORDER
PAUL A. CROTTY, District Judge.
The Court GRANTS Petitioner's motion to submit supplemental briefing. Dkt. 7. Petitioner should address the Supreme Court's recent decision in Welch v. United States, No. 15-6418, holding that Johnson v. United States, 135 S.Ct. 2551 (2015), is "a substantive decision and so has retroactive effect ... in cases on collateral review," slip op. at 9, particularly in light of the Government's concession that "Johnson's holding extends to the residual clause of U.S.S.G. § 4B1.2." Dkt. 6 at 1.
Petitioner should file its supplemental briefing by May 20, 2016. The Government's response, if any, should be filed by June 17, 2016. The Clerk is directed to lift the stay.
Source: Leagle
