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16-3183 - Mancinas-Flores v. USA


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16-3183 - Mancinas-Flores v. USA
March 2, 2017
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REPORT AND RECOMMENDATION re: 15 MOTION to Stay filed by USA. IT IS RECOMMENDED that Respondent's Unopposed Motion to Stay, filed January 24, 2017 (Doc. 15) be GRANTED. The United States' response to the pending Amended Motion to Vacate (Doc. 11) shall not be due until 30 days after the Ninth Circuit's decision in United States v. Begay, No. 14-10080, and the Supreme Court's decision in Lynch v. Dimaya, No. 15-1498, are both issued. IT IS FURTHER RECOMMENDED that the parties be required to file a status report regarding the continuance of the stay, upon: (1) the issuance of any decision in Begay or Dimaya; and (2) in any event on or before July 15, 2017. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Signed by Magistrate Judge James F Metcalf on 3/2/17. (KGM)
April 4, 2017
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ORDER: The Report and Recommendation 18 of the Magistrate Judge is rejected and the United States' Unopposed Motion for Stay 15 is denied. The United States shall file a response to the motion by 4/28/2017. See order for additional details. Signed by Senior Judge Neil V Wake on 4/4/2017.(LMR)