James v USA, No. 2:2020cv00448 - Document 15 (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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James v USA Doc. 15 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH TYRELL JAMES, Petitioner, vs. MEMORANDUM DECISION AND ORDER LIFTING STAY Case No. 2:20-cv-448-DAK Judge Dale A. Kimball UNITED STATES OF AMERICA, Respondent. This mater was stayed pending the Tenth Circuit’s decision in United States v. Baker, 203062 (10th Cir.). The Tenth Circuit has decided Baker, reiterating that Hobbs Act robbery is categorically a crime of violence. 2022 WL 3371011 (10th Cir. Aug. 16, 2022). 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. DATED this 6th day of October, 2022. BY THE COURT: ____________________________________ Dale A. Kimball, United States District Judge Dockets.Justia.com
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