Opinion
CASE NO. 13-20142
08-17-2016
UNITED STATES OF AMERICA, Plaintiff, v. DANIEL MICHAEL PARY, Defendant.
ORDER GRANTING MOTION TO STAY LITIGATION PENDING SUPREME COURT'S DECISION IN BECKLES V. UNITED STATES
Defendant Daniel Michael Pary filed a motion under 28 U.S.C. § 2255 based on the Supreme Court's invalidation of the residual clause of the Armed Career Criminal Act as unconstitutionally vague under the Due Process Clause of the Fifth Amendment. Johnson v. United States, 136 S.Ct. 2551, 2563 (2015). The Government filed a Motion to Stay Litigation pending the Supreme Court's Decision in Beckles v. United States, No. 15-8544, 2016 WL 1029080 (U.S. June 27, 2016) (Mem.) where the Supreme Court granted certiorari on the issue of whether Johnson should be applied retroactively. Defendant opposes the motion to stay.
Recently, the Sixth Circuit in two published opinions, In re Embry, ___ F.3d ___, No. 16-5447, 2016 WL 4056056 (6th Cir. July 29, 2016) and In re: Antonio D. Patrick, ___ F.3d ___, No. 16-5353 (6th Cir. Aug. 12, 2016), held that the most appropriate procedure is to hold the cases in abeyance pending the Supreme's Court decision in Beckles.
Accordingly,
IT IS ORDERED that the Government's Motion to Stay Litigation Pending the Supreme Court's decision in Beckles v. United States (Doc. No. 22) is GRANTED.
IT IS FURTHER ORDERED that the briefing and litigation in this matter is STAYED. The parties will notify the Court when the Beckles decision is issued. A briefing schedule will then be issued at that time and the matter will proceed accordingly.
S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court Dated: August 17, 2016 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 17, 2016, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager