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01-151 - USA v. Lynch et al

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01-151 - USA v. Lynch et al
March 16, 2017
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ORDER as to Jorge Rodriguez-Luca re 169 Supplement On March 6, 2016, the Supreme Court held that the United States Sentencing Guidelines are not amendable to vagueness challenges. Beckles v. United States, No. 15-8544, 2017 WL 855781, at *7 (U.S. March 6, 2017). Because the Johnson decision does not undermine sentences based on Guideline enhancements, the Court believes summary denial of the above petitions with prejudice might be appropriate. To the extent that the parties disagree, the Court affords the following notice: the parties should file any motion that they want the Court to consider in conjunction with, or prior to, ruling on these petitions on or before April 1, 2017. The deadline for responses is April 15, 2017. Absent such a motion, the Court may summarily dismiss the above cases. Signed by District Judge R Leon Jordan on March 16, 2017. (JAN, )
April 11, 2017
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ORDER granting in part and denying in part 172 Motion to defer resolution of the petition until it can file a supplemental brief addressing the impact of Beckles v. United States as to Jorge Rodriguez-Luca (3). The briefing schedule is as follows: appointed counsel is DIRECTED to submit either (1) a brief addressing what, if any, impact the Beckles decision has on Petitioners Johnson-based challenge to a Guidelines enhancement imposed prior to the Booker decision or (2) notice that no such supplement will be forthcoming on or before May 11, 2017; should it want to respond, the United States is DIRECTED to file that response on or before May 31, 2017. Signed by District Judge R Leon Jordan on April 11, 2017. (JAN, )