Opinion
Case No. 11-CR-20748
03-01-2017
UNITED STATES OF AMERICA, Plaintiff, v. LEWIS KEVIN BELL, Defendant.
ORDER STAYING LITIGATION PENDING SUPREME COURT'S DECISION IN BECKLES V. UNITED STATES
On June 23, 2016, Defendant Lewis Kevin Bell filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255. Defendant's motion asserts that the Supreme Court's holding in Johnson v. United States, 135 S. Ct. 2551 (2015), invalidating the Armed Career Criminal Act's "residual clause," also invalidates a similar provision in the United States Sentencing Guidelines. Defendant requests that the Court vacate his sentence and resentence him without the allegedly invalid enhancement. Although defendant is represented by the Federal Defender's Office, he has contacted the court in writing on his own behalf inquiring on the status of his § 2255 motion. The Supreme Court is expected to address the issues raised here in the case of Beckles v. United States, 136 S. Ct. 2510 (2016) (granting petition for certiorari). The Sixth Circuit has instructed district courts to stay matters like this until the Supreme Court renders its decision in Beckles. In re: Alford D. Embry, 831 F.3d 377, 382 (6th Cir. 2016).
Based on clear guidance from the Sixth Circuit, this matter will be stayed pending the Supreme Court's decision in Beckles v. United States. Upon the issuance of the Supreme Court's decision in Beckles, the government is ORDERED TO RESPOND IN WRITING to defendant's § 2255 motion within 60 days.
IT IS SO ORDERED. Dated: March 1, 2017
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
March 1, 2017, by electronic and/or ordinary mail and also on
Lewis Bell #46493-039, Federal Correctional Institution
McKean, P.O. Box 8000, Bradford, PA 16701.