Opinion
CASE NO. 1:02-CR-5187 AWI CASE NO. 1:16-CV-0773 AWI
06-07-2016
AUSTIN BURTON, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER STAYING CASE
On June 2, 2016, the Ninth Circuit granted Petitioner permission to file a successive 28 U.S.C. § 2255 petition. See Cr. Doc. No. 80. Petitioner's petition implicates Johnson v. United States, 135 S.Ct. 2551 (2015) and Welch v. United States, S.Ct. 1257 (2016). See id. As part of the Ninth Circuit's order, the Ninth Circuit indicated that this Court may wish to stay this case pending the Ninth Circuit's resolution of Gardner v. United States (Appeal No. 15-72559), Jacob v. United States (Appeal No. 15-73302), and United States v. Begay (Appeal No. 15-10080). See Crim. Doc. No. 80. The Court believes that it is prudent to follow the Ninth Circuit's suggestion, and will stay this matter pending the Ninth Circuit's resolution of the above three cases.
Accordingly, IT IS HEREBY ORDERED that this matter is STAYED pending resolution by the Ninth Circuit Court of Appeals of Gardner v. United States (Appeal No. 15-72559), Jacob v. United States (Appeal No. 15-73302), and United States v. Begay (Appeal No. 15-10080). IT IS SO ORDERED. Dated: June 7, 2016
/s/_________
SENIOR DISTRICT JUDGE