DENNISON v. United States

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

TYRONE DENNISON, 1:16-cv-3647 (NLH) Petitioner, MEMORANDUM OPINION & ORDER v. UNITED STATES OF AMERICA, Respondent.

APPEARANCES: Richard Coughlin, Federal Public Defender Lisa Evans Lewis, Assistant Public Defender Office of the Federal Public Defender - 840 Cooper Street Suite 350 Camden, NJ 08053 Attorneys for Petitioner Craig Carpenito, United States Attorney Daniel Aaron Friedman, Assistant United States Attorney U.S. Attorney’s Office for the District of New Jersey Market Street P.O. Box 2098 Camden, NJ 08101 Attorneys for Defendants HILLMAN, District Judge WHEREAS, Petitioner Tyrone Dennison filed a motion to correct, vacate, or set aside his federal sentence on June 20, 2016, ECF No. 1; and WHEREAS, the parties submitted a joint motion to stay the § 2255 proceedings on April 10, 2017 pending the Supreme Court’s decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018), see ECF No. 2; and WHEREAS, the Court reopened the proceedings on July 2, 2020 and directed the parties to update the Court as to the impact of Dimaya on Petitioner’s claims, ECF No. 7; and WHEREAS, the parties filed a consent motion to stay the case based on a matter currently pending before the United States Court of Appeals for the Third Circuit that may be determinative of Petitioner’s claims, United States v. Copes, Appeal No. 19-1494, see ECF No. 9 THEREFORE, IT IS on this 14th day of September, 2020 ORDERED that the consent motion to stay, ECF No. 9, is granted. The matter is stayed until the Third Circuit issues an opinion in United States v. Copes, Appeal No. 19-1494; and it is further ORDERED that within 14 days of the Third Circuit’s decision, counsel for the United States shall inform the Court as to the impact of the decision on Petitioner’s claims; and it is finally ORDERED that the Clerk shall administratively terminate this action.

s/ Noel L. Hillman At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.