Opinion
Case No. 4:04-CV-40181-FL, Crim.No. 4:02-CR-50035-1FL.
August 16, 2006
ORDER HOLDING IN ABEYANCE PETITIONER'S MOTION TO VACATE SENTENCE UNDER 28 U.S.C. § 2255
This matter is before the Court on the Petitioner's "Motion To Have Pending Motion To Vacate Sentence Under 28 U.S.C. § 2255 Held in Abeyance," filed on August 15, 2006.
In support of his motion, the Petitioner states that the current issue pending before this Court is the applicability of Blakely and its progeny, including United States v. Booker, 543 US 220 (2005) to a case that is on collateral review. Petitioner further states that this issue is now before the United States Supreme Court in a different case, Burton v. Waddington (05-0222, Writ of Certiorari, granted June 5, 2006).
Having reviewed the motion, and the reasons stated therein, the motion to stay is hereby GRANTED.
This matter shall be and is hereby stayed pending resolution of the issue before the United States Supreme Court. Counsel for Petitioner shall notify the Magistrate Judge's office of the decision rendered by the United States Supreme Court, and this matter shall then be placed back on the Court's docket for review.
IT IS SO ORDERED.
The parties are hereby informed that any objection to this order must be filed with the district court within ten days after being served with a copy thereof, pursuant to Rule 72(a), Federal Rules of Civil Procedure.