Pagan v. United States

UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO PETER PAGAN, Petitioner, Vv. Civ No. 23-cv-251-JB-JHR CR No. 15-cr-4078-JB-JHR-1 UNITED STATES OF AMERICA, Respondent.

ORDER TO ANSWER This matter is before the Court on Petitioner Peter Pagan’s Motion to Vacate his federal sentence under 28 U.S.C. § 2255 (CV Doc. 1) (the “Motion”). Pagan’s Motion is premised on United States v. Taylor, 142 S. Ct. 2015 (2022), in which the United States Supreme Court held that attempted Hobbs Act Robbery does not qualify as “a crime of violence” as a predicate for felony conviction and enhanced sentencing for using a firearm in furtherance of a crime of violence.

Having reviewed the allegations pursuant to Habeas Corpus Rule 4, the Court determines the Motion must be resolved on a full record. The Court will order the United States to respond to the Motion within 30 days of entry of this Order.

IT IS ORDERED that the Clerk’s Office shall FORWARD to the United States Attorney’s Office a copy of the Motion (CV Doce. 1), along with a copy of this Order; IT IS FURTHER ORDERED that the United States must FILE a habeas answer within thirty (30) days of entry of this Order.

Vhe HED □□□□□□□□□□□□□□□□□□□□□□□□ UNITED STATES MAGISTRATE JUDGE