Legal Opinion

United States v. Johnson

District Court, N.D. California

Decided December 16, 2016No. Case No. 92-cr-00497-EMC-1PublishedCited by 4 opinions

1Opinion of the Court

ORDER GRANTING DEFENDANT’S AMENDED MOTION TO VACATE; AND STAYING RELIEF

Docket No. 483

EDWARD M. CHEN, United States District Judge

Defendant Marvin Johnson has filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255. Having considered the parties’ briefs and accompanying submissions, as well as all other evidence of record, the Court hereby GRANTS Mr. Johnson’s motion but STAYS the relief pending the Supreme Court’s decision in Lynch v. Dimaya, No. 15-1498, 2016 U.S. LEXIS 4461 (granting petition for writ of certiora-ri).

I. FACTUAL & PROCEDURAL BACKGROUND

Mr. Johnson was arrested in…

2Cases cited27 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Reed v. RossSupreme Court of the United States · 1984
  3. Leocal v. AshcroftSupreme Court of the United States · 2004
  4. James v. United StatesSupreme Court of the United States · 2007
  5. Dretke v. HaleySupreme Court of the United States · 2004

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3Cited by4 opinions

  1. United States v. Jarnaro MiddletonCourt of Appeals for the Fourth Circuit · 2018
  2. United States v. BennettCourt of Appeals for the First Circuit · 2017
  3. Davis v. United StatesDistrict Court, E.D. Tennessee · 2017
  4. United States v. Jarnaro MiddletonCourt of Appeals for the Fourth Circuit · 2018

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