United States District Court, E.D. California
MEMORANDUM ORDER GRANTING THE GOVERNMENT’S
MOTION TO STAY (ECF NO. 40)
LAWRENCE J. O’NEILL UNITED STATES CHIEF DISTRICT JUDGE
Vincent Deleon, through counsel, has filed a motion to
vacate, set aside, or correct sentence under 28 U.S.C. 2255
based on the Supreme Court’s decision in Johnson v.
United States, 576 U.S. __, 135 S.Ct. 2551 (2015).
See ECF No. 37.
the Court is the government’s motion to stay
proceedings pending resolution by the Supreme Court of the
applicability of Johnson to the residual clause of
Section 4B1.2 of the United States Sentencing Guidelines.
See ECF No. 40. Defendant filed an opposition to the
stay on July 19, 2016 (ECF No. 41). The government filed its
reply on July 21, 2016 (ECF No. 42). The Court deems the
matter appropriate for resolution without oral argument.
See E.D. Cal. Civ. L.R. 230(g). Having considered
the record in this case, the parties’ briefing, and the
relevant law, the Court will grant the government’s
December 15, 2014, Defendant Vincent Deleon pled guilty to
Count 1 of the indictment, a violation of 18 U.S.C. Section
922(g)(1), Felon in Possession of a Firearm. See ECF
Nos. 1, 24. The presentence report calculated a guidelines
range of 92-115 months after applying an enhancement under
Sections 2K2.1(a)(1)-(4) and 4B1.2 of the United States
Sentencing Guidelines (“the Sentencing
Guidelines”). See ECF No. 30, PSR ¶¶
10, 11. On March 9, 2015, this Court sentenced Defendant to
69 months imprisonment. See ECF No. 35, 36.
21, 2016, Defendant moved to vacate, set aside, or correct
his sentence under 28 U.S.C. § 2255 (ECF No. 37). On
July 14, 2016, the government moved to stay all proceedings
in light of the Supreme Court’s grant of certiorari in
Beckles v. United States, S.Ct. Case No. 15-8544.
See ECF No. 40.
28 U.S.C. § 2255
2255 provides four grounds upon which a sentencing court may
grant relief to a petitioning in-custody defendant:
 that the sentence was imposed in violation of the
Constitution or laws of the United States, or  that the
court was without jurisdiction to impose such sentence, or
 that the sentence was in excess of the maximum authorized
by law, or  is otherwise subject to collateral attack
28 U.S.C. § 2255(a). Generally, it is only a narrow
range of claims that fall within the scope of § 2255.
United States v. Wilcox, 640 F.2d 970, 972 (9th Cir.
1981). The alleged error of law must be “a fundamental
defect which inherently results in a complete miscarriage of
justice.” Davis v. United States, 417 U.S.
333, 346 (1974) (quoting Hill v. United States, 368
U.S. 424, 429 (1962)).
The Armed Career Criminal Act
defendant is subject to the Armed Career Criminal Act
(“ACCA” or “the Act”) and must be
sentenced to a mandatory minimum of 15 years to life in
custody if he has three prior convictions for “a
violent felony or a serious drug offense, or both.” 18
U.S.C. §§ 924(e)(1). Under the ACCA, a violent
felony includes any crime punishable by imprisonment for a
term exceeding one year that:
(i) has as an element the use, attempted use, or threatened
use of physical force against the person of another; or (ii)
is burglary, arson, or extortion, involves use of explosives,
or otherwise involves conduct that presents a ...