Opinion
CASE NO. 1:14-CR-207 AWI BAM Civil Case No. 1:16-CV-928 AWI
09-07-2016
JOSE VALDEZ, JR., Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER STAYING CASE
This is a petition for relief from sentence under 28 U.S.C. § 2255.
Petitioner, through his counsel, seeks relief based on the recent Supreme Court decisions in Johnson v. United States, 135 S.Ct. 2551 (2015) and Welch v. United States, 136 S.Ct. 1257 (2016). Recently, the Ninth Circuit has given a petitioner in this Court a certification under 28 U.S.C. § 2255(h) to pursue a second or successive § 2255 petition based on Johnson and Welch issues. See Howard v. United States, E.D. Cal. Docket No. 1:04-CR-5234 AWI at Doc. No. 310. As part of the certification in Howard, the Ninth Circuit suggested that this Court stay the matter pending the Ninth Circuit's resolution of United States v. Begay (Appeal No. 14-10080). See Howard at Doc. No. 310. This Court followed the Ninth Circuit's suggestion and issued a stay. See Howard at Doc. No. 312. The issue raised in Howard is the same as the issue raised in this case, whether the term "crime of violence" in 18 U.S.C. § 924(c) is unconstitutionally vague. See Doc. No. 59; Howard, Doc. No. 311.
In light of the stay in Howard at the Ninth Circuit's suggestion, the Court finds that it is prudent to stay this matter as well. The Court will stay this matter pending resolution of United States v. Begay (Appeal No. 14-10080). If, at any time prior to a decision in Begay, Petitioner's counsel believes that the stay should be lifted, counsel may file a properly supported motion to lift the stay.
ORDER
Accordingly, IT IS HEREBY ORDERED that this case is stayed pending resolution by the Ninth Circuit Court of Appeals of the case of United States v. Begay (Appeal No. 14-10080). IT IS SO ORDERED. Dated: September 7, 2016
Again, if Petitioner's counsel believes that the stay should be lifted prior to a decision by the Ninth Circuit of Begay, then counsel may file a properly supported motion to lift the stay. --------
/s/_________
SENIOR DISTRICT JUDGE