Opinion
Case No. 98-80994
01-31-2017
UNITED STATES OF AMERICA, Plaintiff-Respondent, v. KENNAN LEWIS WELLS, Defendant-Petitioner.
ORDER GRANTING THE GOVERNMENT'S MOTION TO STAY LITIGATION [113]
This matter comes before the Court on the Government's motion to stay litigation pending the Supreme Court's decision in Beckles v. United States, No. 15-8544. For the reasons stated below, the motion to stay is GRANTED.
On May 17, 2000, Defendant was convicted of one count of conspiracy with intent to distribute a controlled substance in violation of 21 U.S.C § 846. He was sentenced by the Court to a term of 262 months, with an increased offense level based on a prior "crime of violence" conviction, as defined under § 4B1.2(a) of the United States Sentencing Guidelines.
On November 18, 2016, Defendant filed a motion to vacate his sentence under 28 U.S.C. § 2255. (Dkt. 109). Defendant argues that his sentence must be vacated in light of the Supreme Court's recent holding in Johnson v. United States, 135 S. Ct. 2551 (2015). In Johnson, the Supreme Court invalidated the violent crime residual clause of 18 U.S.C. § 924(e) as unconstitutionally vague. Defendant argues that Johnson applies to the identically-worded residual clause of the Sentencing Guidelines, § 4B1.2(a)(2). Although the Sixth Circuit has extended Johnson to § 4B1.2(a)(2) of the Guidelines, see United States v. Pawlak, 822 F.3d 902 (6th Cir. 2016), it recently acknowledged that it is not clear whether to treat its decision in Pawlak as applying retroactively on collateral review. See In re: Embry, 831 F.3d 377 (6th Cir. 2016) . Because the Supreme Court "has agreed to resolve the point [this]Term in Beckles v. United States, No. 15-8544," the Sixth Circuit has asked district courts to hold these cases in abeyance pending the Supreme Court's decision in Beckles. Id. at 382 ("it makes the most sense to . . . ask the district courts to hold the cases in abeyance pending the Supreme Court's decision in Beckles.")
Accordingly, the Court follows the Sixth's Circuit's guidance and GRANTS the Government's motion to stay. The case is HEREBY STAYED pending the decision in Beckles.
SO ORDERED.
S/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge Dated: January 31, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on January 31, 2017, by electronic and/or ordinary mail.
S/Carol J. Bethel
Case Manager