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United States v. Johnson

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Oct 24, 2016
No. CR 14-570 CRB (N.D. Cal. Oct. 24, 2016)

Opinion

No. CR 14-570 CRB

10-24-2016

UNITED STATES OF AMERICA, Plaintiff, v. CALVIN RICHARD JOHNSON, Defendant.


ORDER GRANTING MOTION TO LIFT STAY

On May 20, 2016, Calvin Johnson moved under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence in light of Johnson v. United States, 135 S. Ct. 2551 (2015), and United States v. Dixon, 805 F.3d 1193 (9th Cir. 2015). See Mot. (dkt. 45). After ordering the government to show cause why the motion should not be granted, see OSC (dkt. 47), the Court stayed proceedings on July 8, 2016. See Order (dkt. 50).

Mr. Johnson now moves to lift the stay in light of the Ninth Circuit's decisions in Jacob v.United States, No. 15-73302 (9th Cir. August 1, 2016), and Gardner v. United States, No. 15-72559 (9th Cir. August 1, 2016). After consideration of the parties' submissions and the relevant authorities, the Court GRANTS the motion to lift the stay. The Court ORDERS the government to show cause why Mr. Johnson's § 2255 motion should not be granted within 60 days from the entry of this order. Mr. Johnson shall file a reply brief not later than 30 days after the government's response.

IT IS SO ORDERED.

Dated: October 24, 2016

/s/_________

CHARLES R. BREYER

UNITED STATES DISTRICT JUDGE


Summaries of

United States v. Johnson

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Oct 24, 2016
No. CR 14-570 CRB (N.D. Cal. Oct. 24, 2016)
Case details for

United States v. Johnson

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. CALVIN RICHARD JOHNSON, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Oct 24, 2016

Citations

No. CR 14-570 CRB (N.D. Cal. Oct. 24, 2016)