Opinion
No. 5:08-CR-00023-F-1 No. 5:14-CV-00308-F
02-02-2016
ANTONIO DONTEZ SCOTT, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
This matter is before the court on the Government's Motion to Reconsider [DE-49]. The Government notes that it does not ask the court to revisit its ultimate conclusion or its decision to dismiss Scott's motion. Id. at 1. The Government asks the court to reconsider its finding that Descamps v. United States, 133 S. Ct. 2276 (2013), is not retroactively applicable on collateral review. Mem. Supp. Mot. Reconsider [DE-50] at 1. The Government contends that it did not raise a non-retroactivity defense based on Teague v. Lane, 489 U.S. 288 (1989). Id. at 2.
In this case, the court raised the issue of Descamps's retroactivity sua sponte. The court may raise retroactivity sua sponte. Robinson v. United States, Nos. 4:10-cr-559-RBH-1, 4:14-cv-364-RBH, 2015 WL 1524406, at 6 n. 4 (D.S.C. April 3, 2015) (citing Day v. McDonough, 547 U.S. 198, 205-06 (2006); United States v. Coleman, 219 F. App'x 139, 141 (3d Cir. 2007)). Consequently, the Government's Motion to Reconsider [DE-49] is DENIED.
SO ORDERED.
This the 2 day of February, 2016.
/s/_________
James C. Fox
Senior United States District Judge