IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 6, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
FRED SEARCEY, DEFENDANT.
The opinion of the court was delivered by: Honorable William B. Shubb
Pursuant to this Court's direction at the December 14, 2009, hearing in the above-entitled matter, defendant FRED SEARCEY, by and through his attorney, Assistant Federal Defender David M. Porter, lodges below an order substantially identical to the order signed by the Court in United States v. Londale Dewayne Cobb, Cr. S 97-0100 FCD, on December 9, 2009, which stays this case until the decision in United States v. Wesson, 9th Cir. No. 08-30177, becomes final.
The above-entitled matter came on for hearing on December 14, 2009, on Mr. Searcey'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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