Opinion
12-cr-00574-2-PJH 12-cr-00574-4-PJH
06-21-2022
UNITED STATES OF AMERICA, Plaintiff, v. HOUSTON NATHANIEL, III, Defendant. UNITED STATES OF AMERICA, Plaintiff, v. JERMAINE EARNEST, Defendant.
ORDER LIFTING STAY AND ADOPTING PROPOSED BRIEFING SCHEDULE RE: DKT. NO. 539
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.
The appeals having now been resolved, and the parties having stipulated to a briefing schedule, the court hereby lifts the stay in this case and adopts the parties' proposed briefing schedule:
• Amended § 2255 motions due: July 18, 2022
• Opposition briefs due: August 22, 2022
• Replies due: September 12, 2022
IT IS SO ORDERED.