Opinion
CASE NO. 16-61271-CIV-COHN-WHITE CASE NO. 03-60245-CR-COHN
07-25-2016
GREGORY HARDEMON Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE is before the Court upon the Amended Report and Recommendation [DE 6] submitted by United States Magistrate Judge Patrick A. White on July 8, 2016. The Court has reviewed the Report, the § 2255 motion [DE 1], and is otherwise advised in the premises. The issue presented is whether Johnson v . United States , 135 S. Ct. 2551 (2015) applies retroactively to collateral cases challenging sentences enhanced under the residual clause of the Sentencing Guidelines' definition of "crime of violence" in the career offender provision, § 4B1.2(a)(2). Since this issue will be resolved by the United States Supreme Court in Beckles v . United States , ___ S. Ct. ___, 2016 WL 1029080 (June 27, 2016), the Court will stay these proceedings pending such resolution. It is thereupon
ORDERED AND ADJUDGED that:
1. The Report and Recommendation [DE 8] is ADOPTED in its entirety.
2. This case is hereby STAYED pending the Supreme Court's ruling in Beckles v . United States .
3. In light of the stay, the Clerk is directed to CLOSE this case for administrative purposes, and the parties are advised to file notice with the Court within thirty days of the issuance of the Supreme Court's decision in Beckles so that this case can be reopened.
DONE AND ORDERED at Fort Lauderdale, Florida, this 25th day of July 2016.
/s/_________
JAMES I. COHN
UNITED STATES DISTRICT JUDGE cc: Magistrate Judge Patrick A. White
Jennifer Keene, AUSA
Gregory Hardemon, Pro Se
Reg No. 56796-004
Federal Correctional Institution
P.O. Box 1000
Petersburg, VA 23804