Opinion
Civil Case No. 16-12485 Criminal Case No. 13-20303
01-26-2017
JUAN CORTEZ WILLIS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER DENYING GOVERNMENT'S MOTION TO STAY § 2255 LITIGATION PENDING THE SUPREME COURT'S DECISION IN BECKLES V. UNITED STATES At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on January 26, 2017 PRESENT: Honorable Gerald E. Rosen United States District Judge
In a judgment entered on July 24, 2014, Petitioner Juan Cortez Willis was sentenced to 49 concurrent 240-month terms of imprisonment and one 60-month term of imprisonment to be served consecutively to the concurrent 240-month sentences, following his guilty plea to one count of conspiracy to possess with intent to distribute a controlled substance and 49 counts of possession with intent to distribute a controlled substance. Through a pro se motion filed on June 30, 2016, Petitioner seeks to vacate his sentence pursuant to 28 U.S.C. § 2255, and he argues in this initial motion that sentencing relief is warranted in light of the Supreme Court's recent decision in Johnson v. United States, ___ U.S. ___, 135 S. Ct. 2551 (2015). In a subsequent September 6, 2016 motion for leave to amend, however, Petitioner disavows any claim for relief under Johnson, and instead states that he wishes to pursue a claim based on another recent Supreme Court ruling, Mathis v. United States, ___ U.S. ___, 136 S. Ct. 2243 (2016).
In lieu of responding to Petitioner's initial § 2255 motion and his request for leave to amend this motion, the Government has asked that these § 2255 proceedings be stayed pending the Supreme Court's decision in Beckles v. United States, No. 15-8544, cert. granted, 136 S. Ct. 2510 (2016). Yet, while Beckles will potentially resolve certain issues left open by the decision in Johnson, Petitioner has explicitly abandoned any claim arising from this ruling, and instead has stated that he is seeking relief under Mathis. It follows that a ruling in Beckles will not assist the Court in resolving Petitioner's challenge to his sentence, and that it would serve no purpose to await this decision before acting upon Petitioner's amended § 2255 motion.
Beckles was argued on November 28, 2016, and a ruling could be issued at any time between now and the end of the Supreme Court's term in June of this year.
The Court expresses no view, of course, as to the merits of Petitioner's appeal to Mathis as a basis for awarding him relief under § 2255. --------
Accordingly,
NOW, THEREFORE, IT IS HEREBY ORDERED that Petitioner's September 6, 2016 motion for leave to amend his motion under § 2255 to vacate his sentence (docket #167) is GRANTED, and that Petitioner's September 19, 2016 emergency motion for leave to supplement his initial § 2255 petition (docket #168) is DENIED AS MOOT. IT IS FURTHER ORDERED that the Government's September 29, 2016 motion to stay this § 2255 litigation pending the Supreme Court's decision in Beckles v. United States (docket #169) is DENIED.
In light of these rulings, IT IS FURTHER ORDERED that the Government shall file and serve a response to Petitioner's § 2255 motion, as amended, on or before February 24, 2017.
s/Gerald E. Rosen
United States District Judge Dated: January 26, 2017 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 26, 2017, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager, (313) 234-5135