Sarafolean v. USA, No. 2:2016cv00564 - Document 25 (D. Utah 2022)
Court Description: MEMORANDUM DECISION AND ORDER LIFTING STAY. This matter was stayed pending the Tenth Circuit's decision in United States v. Baker, 20- 3062 (10th Cir.). The Tenth Circuit has decided Baker, reiterating that Hobbs Act robbery is categorically a crime of violence. Therefore, the court lifts the stay. If Petitioner maintains, after Baker, the position that this case should not be dismissed, he shall file a brief setting forth his reasoning by October 28, 2022. If Petitioner does not file a brief, the court will dismiss this action based on Baker. Signed by Judge Dale A. Kimball on 10/6/2022. (eat)
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