THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH

DONNY JACE HENNEFER, MEMORANDUM DECISION AND Plaintiff, ORDER LIFTING STAY Vv. Case No.: 1:16-cv-00083-DBB UNITED STATES OF AMERICA, Judge David Barlow Defendant.

This matter was stayed pending the Tenth Circuit’s decision in United States v. Baker.' The Tenth Circuit has decided Baker, reiterating that Hobbs Act robbery is categorically a crime of violence.’ Therefore, the court lifts the stay. If Plaintiff maintains the position that this case should not be dismissed, he shall file a brief setting forth his reasoning by no later than March 7, 2023. The Government’s response, if any, will be due within 14 days of Plaintiff’s brief. Plaintiff’s reply, if any, will be due within seven days of the Government’s response. If Plaintiff does not file a brief, the court will dismiss this action based on Baker. Signed February 7, 2023. BY THE COURT Io mane United States District Judge

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(10th Cir. 2022). Td. at 1356.