U.S. v. Chambers, 1:01-cr-172. (2018)
Court: District Court, N.D. Ohio
Number: infdco20180216c55
Visitors: 6
Filed: Feb. 15, 2018
Latest Update: Feb. 15, 2018
Summary: ORDER JAMES S. GWIN , District Judge . In March 2017, the Court denied James Chambers's petition for habeas corpus relief under 18 U.S.C. 2255. 1 Relying on the Supreme Court's decision in Beckles v. United States, 2 the Court rejected Chambers's argument that the sentencing guidelines used to sentence him were void for vagueness. 3 Chambers then moved for reconsideration of that order, arguing that Beckles did not apply to his case because he was sentenced before the Supreme Court
Summary: ORDER JAMES S. GWIN , District Judge . In March 2017, the Court denied James Chambers's petition for habeas corpus relief under 18 U.S.C. 2255. 1 Relying on the Supreme Court's decision in Beckles v. United States, 2 the Court rejected Chambers's argument that the sentencing guidelines used to sentence him were void for vagueness. 3 Chambers then moved for reconsideration of that order, arguing that Beckles did not apply to his case because he was sentenced before the Supreme Court'..
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ORDER
JAMES S. GWIN, District Judge.
In March 2017, the Court denied James Chambers's petition for habeas corpus relief under 18 U.S.C. § 2255.1 Relying on the Supreme Court's decision in Beckles v. United States,2 the Court rejected Chambers's argument that the sentencing guidelines used to sentence him were void for vagueness.3 Chambers then moved for reconsideration of that order, arguing that Beckles did not apply to his case because he was sentenced before the Supreme Court's decision in United States v. Booker.4
The Court stayed the case pending the Sixth Circuit's decision in Chubb v. United States.5 The Sixth Circuit issued its decision in that case on January 8, 2018; however, it did not address the merits of the Booker issue.6 Instead, it relied on its earlier decision in Raybon v. United States7 to conclude that Chubb's petition was untimely.8
Though the parties have fully briefed Chambers's motion for reconsideration, they have not addressed the application of Raybon to this case.9
For those reasons, the stay in this case is lifted and the parties are ORDERED to file within fourteen days of this order supplemental briefs addressing the proper application of the Sixth Circuit's Chubb and Raybon decisions to this case. The parties' supplemental briefs are not to exceed ten pages in length.
IT IS SO ORDERED.
FootNotes
1. Doc. 56.
2. 137 S.Ct. 886 (2017).
3. Doc. 56.
4. Doc. 57 (citing United States v. Booker, 543 U.S. 220 (2005)).
5. 707 F. App'x. 388 (Mem) (6th Cir. 2018).
6. Id. at 388-89.
7. 867 F.3d 625 (6th Cir. 2017).
8. Chubb, 707 F. App'x at 390.
9. See Doc 57; Doc. 59; Doc. 61.
Source: Leagle
