Sarafolean v. USA, No. 2:2016cv00564 - Document 21 (D. Utah 2022)
Court Description: MEMORANDUM DECISION AND ORDER STAYING CASE pending the Tenth Circuit's decision in United States v. Baker, 20-3062 (10th Cir.). Signed by Judge Dale A. Kimball on 3/15/2022. (eat)
Download PDF
<![CDATA[
Sarafolean v. USA Doc. 21 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH KENNEDI FRANCIS SARAFOLEAN, Petitioner, vs. MEMORANDUM DECISION AND ORDER GRANTING STAY Case No. 2:16-cv-564-DAK UNITED STATES OF AMERICA, Judge Dale A. Kimball Respondent. This mater is before the court on Petitioner’s Motion to Stay pending the Tenth Circuit’s decision in United States v. Baker, 20-3062 (10th Cir.). In Baker, the Tenth Circuit granted a certificate of appealability on the issue of whether its prior cases determining that Hobbs Act robbery was categorically a crime of violence. Given that there is at least an argument to be made that the Tenth Circuit has not addressed the issue in depth, the court finds no harm in waiting for the Tenth Circuit’s decision in Baker before addressing the merits of Petitioner’s motion. Accordingly, the case is stayed pending the Tenth Circuit’s decision in United States v. Baker, 20-3062 (10th Cir.). DATED this 15th day of March, 2022. BY THE COURT: ____________________________________ Dale A. Kimball, United States District Judge Dockets.Justia.com 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
