Opinion
Case No. 11-20188
10-17-2019
UNITED STATES OF AMERICA, Plaintiff, v. BERNARD EDMOND, Defendant.
ORDER GRANTING DEFENDANT'S MOTION TO LIFT STAY OF § 2255 PROCEEDING AND TO APPOINT COUNSEL [ECF DOC 341]
This matter comes before the court on petitioner Bernard Edmond's motion to lift the stay of his 28 U.S.C. § 2255 proceeding and to appoint counsel pursuant to 18 U.S.C. § 3006(A)(2)(B). The basis of defendant's motion to vacate is whether the residual clause of 18 U.S.C. § 924(c) is unconstitutionally vague considering the reasoning of the Supreme Court in Sessions v. Dimaya, 138 S.Ct. 1204 (2018) and Johnson v. United States, 135 S.Ct. 2551 (2015). The Supreme Court has since held that the residual clause of § 924(c)(3)(B) is unconstitutionally vague. United States v. Davis, 139 S.Ct. 2319 (2019); United States v. Ledbetter, 929 F.3d 338, 361 (6th Cir. 2019) (setting aside 924(c) conviction that relied on residual clause).
In view of the Supreme Court's ruling in Davis, this court grants petitioner's motion to lift stay. Further, the court will appoint counsel to represent petitioner in his § 2255 proceeding. Now, therefore,
IT IS HEREBY ORDERED that petitioner's motion to lift stay and to appoint counsel is GRANTED.
So ordered. Dated: October 17, 2019
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
October 17, 2019, by electronic and/or ordinary mail and also
on Bernard Edmond #09837-039, USP Florence - High
U.S. Penitentiary, P.O. Box 7000, Florence, CO 81226.