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United States v. Wesson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 8, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WESSON;
v.
LONDALE DEWAYNE COBB, DEFENDANT.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

NOTICE REGARDING STATUS OF UNITED STATES ORDER

Pursuant to this Court's direction at the November 30, 2009, hearing in the above-entitled matter, defendant LONDALE DEWAYNE COBB, by and through his attorney, Assistant Federal Defender David M. Porter, files this notice regarding the status of United States v. Wesson, 9th Cir. No. 08-30177.

According to the Ninth Circuit's electronic docket in the Wesson case, a petition for panel and en banc rehearing was filed by the defendant on November 30, 2009. See https://ecf.ca9.uscourts.gov/cmecf/servlet/TransportRoom?servlet=CaseSu mmary.jsp&caseNum=08-30177&incOrigDkt=Y&incDktEntries=Y.

This Court should defer ruling in Mr. Cobb's case until the Wesson decision becomes final. Obviously, there is no need to rush to judgment in this case. The pro se motion was filed on December 21, 2007, and the hearing was continued numerous times on the stipulation of the parties until November 30, 2009. Mr. Cobb is incarcerated in a federal prison and the government would suffer absolutely no prejudice if the Court defers ruling. Mr. Cobb would suffer obvious prejudice, however, in the event that this Court rules precipitously and the Ninth Circuit later grants the petition for rehearing in Wesson.*fn1

Accordingly, Mr. Cobb requests the Court enter the order lodged herewith.

Dated: December 1, 2009

ORDER

The above-entitled matter came on for hearing on November 30, 2009, on Mr. Cobb's motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2). It appears to the Court that the Ninth Circuit's decision in United States v. Wesson, 583 F.3d 728 (2009), governs the outcome, but because a petition for rehearing was filed in Wesson, the Court will defer ruling until Wesson becomes final.

Accordingly, this case is ordered STAYED pending the final resolution of United States v. Wesson, 9th Cir. No. 08-30177. Defendant shall file a notice within 7 days after the Wesson decision becomes final.


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