Opinion
12-cr-00574-2-PJH 12-cr-00574-4-PJH
06-08-2022
UNITED STATES OF AMERICA, Plaintiff, v. HOUSTON NATHANIEL, III, Defendant. UNITED STATES OF AMERICA, Plaintiff, v. JERMAINE EARNEST, Defendant.
ORDER DIRECTING PARTIES TO SUBMIT PROPOSED BRIEFING SCHEDULE
RE: DKT. NO. 531
PHYLLIS J. HAMILTON UNITED STATES DISTRICT JUDGE
The court previously held in abeyance the § 2255 motions in this case pending the issuance of decisions in three appellate cases involving the issue of whether recklessness is a sufficient mens rea to satisfy the definition of a crime of violence under the elements clause of § 924(c)(3)(A). See Dkt. 495, 509.
In October 2021, the parties filed a status report indicating that one appeal was still pending. See Dkt. 526. Specifically, at the time of the status report, the Ninth Circuit was still considering whether to rehear en banc United States v. Begay, 14-10080. The court issued an order stating that the § 2255 motion would continue to be held in abeyance until a final decision in Begay, and further directed the parties to submit a proposed briefing schedule within thirty (30) days of a final decision in Begay. See Dkt. 531.
The Ninth Circuit issued its en banc opinion in Begay on May 5, 2022. See Case no. 14-10080, Dkt. 161 (May 5, 2022). More than thirty days having passed, the court now directs the parties in United States v. Nathaniel and United States v. Earnest to jointly submit a proposed briefing schedule on the pending § 2255 motions by June 16, 2022.
IT IS SO ORDERED.