Opinion
3:16-cv-148-RJC 3:06-cr-421-RJC-1
04-11-2016
SHERWOOD DALE ALEX, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
UPON MOTION of Petitioner, (Doc. No. 3), to hold this action in abeyance pending resolution by the Fourth Circuit Court of Appeals of the following cases: United States v. Warner, No. 15-4316 (argued Jan. 28, 2016), United States v. Gardner, No. 14-4533 (argued Mar. 24, 2016), and United States v. Billups, No. 14-4959 (argued Mar. 24, 2016),
IT IS HEREBY ORDERED that the Motion to Stay, (Doc. No. 3), is GRANTED. The United States shall file its response to Petitioner's motion to vacate within 45 days of the Fourth Circuit's resolution of the issue raised in the above cases: whether North Carolina common law robbery counts as a predicate offense under the Armed Career Criminal Act following the United States Supreme Court's decision in Johnson v. United States, 135 S. Ct. 2551 (2015). Signed: April 11, 2016 /s/_________
Robert J. Conrad, Jr.
United States District Judge