IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

JOHN TUAKALAU,

Petitioner, ORDER AND MEMORANDUM DECISION

v.

Civil Case No. 2:16-cv-714-TC Criminal Case No. 2:08-cr-431-TC

UNITED STATES OF AMERICA, Judge: Tena Campbell Respondent.

On June 24, 2020, Petitioner John Tuakalau filed an amended motion to vacate his conviction and correct his sentence under

following the Supreme Court’s decision in United States v. Davis,

(2019). The Tenth Circuit has now held that Hobbs Act robbery is categorically a crime of violence under the elements clause in

(c)(3)(A). United States v. Baker,

(10th Cir. 2022). Mr. Tuakalau’s claims under Davis are therefore foreclosed. ORDER The court DENIES Mr. Tuakalau’s Amended Motion under

to Vacate, Set Aside, or Correct Sentence by a Person in Federal Court (ECF No. 9). SO ORDERED this 14th day of April, 2023. BY THE COURT:

TENA CAMPBELL U.S. District Court Judge