Case 1:00-mc-00308 Document 65 Filed 11/12/15 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
IN RE: *
28 U.S.e. ~~ 2255 and 2241 MOTIONS * MISe. NO. 00-308
FOR CAREER OFFENDER
SENTENCING REDUCTIONS AND *
VACATUR OF 18 U.S.e. ~ 924(c)
CONVICTION *
STANDING ORDER 2015-06
Multiple petitioners in this district have filed 28 U.S.e. ~ 2255 and 28 U.S.e. ~ 2241
motions challenging their career offender sentences under DescamfJs 1". Vni/ed S/a/es. 133 S. Ct.
2276 (2013). Specifically, in these cases, petitioners are arguing that under Descamps, one or
more of the prior convictions that originally qualified them as career offenders under U.S.S.G. ~
481.1 are no longer career ofTender predicates, and thus, they are now serving unlawful scntences.
Many of these petitioners will now be supplementing their ~~ 2255/2241 motions with challenges
to their sentences based on Johnson 1". Vni/ed S/a/es. U.S._, 135 S. Ct. 2551 (2015).
Additionally, many petitioners have already filed or will soon be tiling 28 U.S.e. ~ 2255 or
28 U.S.C. S 2241 motions challenging their career offender sentences based on Johnson
Further, some petitioners have already tiled or will soon be tiling 28 U.S.C. S 2255 or 28
U.S.C. ~ 2241 motions challenging their convictions under 18 U.S.e. ~ 924(c) based on Johnson.
This Court now Orders that the briefing schedule in all pending and anticipated cases
involving Johnson challenges to career ofTender sentences on collateral review is suspended. The
career offender cases will be held in abeyance pending the United States Court of Appeals for the
Fourth Circuit's decision in In Re: Hubbard, No. 15-276. In that case, at issue is whether JohllSon
applies retroactively to career offender sentences on collateral review. The Fourth Circuit's
Case 1:00-mc-00308 Document 65 Filed 11/12/15 Page 2 of 2
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decision in In Re: Hubbard is likely to inform the outcome in federal habeas 1110tionschallenging
career offender sentences under Johnso/1.
Finally, this Court also Orders that the briefing schedule in all pending and anticipated
cases involving Johnson challenges to 18 U.S.C. S 924(c) convictions is suspended. The S 924(c)
cases will be held in abeyance pending the Fourth Circuit's decision in consolidated cases. Uniled
Slales 1'. A4cNeal and Uniled Slales I'. Sloddard. No. 14.4871 (L). 14.4872. In these cases. at
issue is whether the residual clause of S 924(c)(3), which defines "crime of violence" for purposes
ofa S 924(c) ofTense. is void lor vagueness in light of Johnson. The Fourth Circuit's decision in
}v/cNeal and Sloddard is likely to inform the outcome in federal habeas motions challenging S
924(c) convictions under Johnson.
Therefore, this Court issues this Order lor purposes of judicial efliciency. Within 30 days
alier the Fourth Circuit decides In Re: Hubbard. the parties I11UStgive the Chief Judge a status
update on the pending SS 2255/2241 cases involving Johnson/Descamps challenges to career
offender sentences. Likewise, within 30 days alier the Fourth Circuit decides McNeal and
Sloddard. the parties must give the Chief Judge a status update on the pending SS 2255/2241 cases
involving Johnson challenges to S 924( c) offenses.
1'-
IT IS SO ORDERED this (2 day of ~ .•.
~k .2015.
(itf2ffA;L
CATHERINE C. BLAKE. CHIEF JUDGE
UNITED STATES DISTRICT COURT
