Gaines v. United States

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE IVY BYRD GAINES, 6 Petitioner, C17-264 TSZ 7 v. (related to CR03-496 TSZ) MINUTE ORDER UNITED STATES OF AMERICA, 9 Respondent.

10 The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: (1) Pursuant to the parties’ stipulation, docket no. 16, this matter is again STAYED pending resolution of United States v. Dominguez, No. 14-10268, which is currently proceeding before the United States Court of Appeals for the Ninth Circuit.

13 Although the Court agrees with the parties that the Ninth Circuit might provide guidance in Dominguez concerning whether a Hobbs Act robbery constitutes a “crime of violence” under the “elements clause” of 18 U.S.C. § 924(c)(3)(A), the Court also observes that the appellant in Dominguez has asked for re-examination of the holding in Deal v. United States, 508 U.S. 129 (1993), and that 18 U.S.C. § 924(c)(1)(C) was amended in late 2018, while this case was previously stayed. The parties are DIRECTED to file a Joint Status Report within fourteen (14) days after a decision is issued by the Ninth Circuit in Dominguez or any other case addressing either of the subjects described above, namely the status of Hobbs Act robberies or the vitality of Deal in light of the recent statutory amendment, or by December 31, 2019, whichever occurs earlier. (2) The Clerk is directed to send a copy of this Minute Order to all counsel of record.

20 Dated this 7th day of August, 2019.

William M. McCool Clerk s/Karen Dews