United States v. Deleon

          MEMORANDUM ORDER GRANTING THE GOVERNMENT’S MOTION TO STAY (ECF NO. 40)

          LAWRENCE J. O’NEILL UNITED STATES CHIEF DISTRICT JUDGE

         Defendant 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.

         Before 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 motion.

         I. BACKGROUND

         On 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.

         On June 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.

         II. LEGAL STANDARDS

         A. 28 U.S.C. § 2255

         Section 2255 provides four grounds upon which a sentencing court may grant relief to a petitioning in-custody defendant:

[1] that the sentence was imposed in violation of the Constitution or laws of the United States, or [2] that the court was without jurisdiction to impose such sentence, or [3] that the sentence was in excess of the maximum authorized by law, or [4] 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)).

         B. The Armed Career Criminal Act

         A 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 ...