Pines v. United States

1 Hon. Richard A. Jones

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE NICHOLAS T. PINES, ) ) CASE NO. 19-CV-512 RAJ 9 ) 17-CR-187 RAJ Defendant-Petitioner, ) 10 ) ORDER GRANTING 28 U.S.C. § v. ) 2255 MOTION AND ORDER 11 ) VACATING JUDGMENT, UNITED STATES OF AMERICA, ) WITHDRAWING GUILTY PLEA 12 ) AND DISMISSING INDICTMENT Plaintiff-Respondent. ) 13 ) ) BEFORE THE COURT is Nicholas Pines’ Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody. Dkt. No. 1.

17 In 17-CR-187-RAJ, in a judgment imposed on April 6, 2018, Mr. Pines was convicted of one count of felon in possession of a firearm under 18 U.S.C. § 922(g)(1). The alleged predicate conviction was a King County Superior Court Juvenile Department disposition for one count of taking a motor vehicle without permission under King County Sup. Ct. No. 00-8-01729-6. Mr. Pines’s petition under § 2255 was based in part on claims of actual innocence and ineffective assistance of counsel because the predicate conviction from Washington State was not punishable by a term exceeding one year.

ORDER – 1 1 Upon the agreement of the parties, the Court stayed consideration of this matter pending the decision of the Ninth Circuit in United States v. McAdory, No. 18-30112. Dkt. Nos. 9, 13. On August 28, 2019, the Ninth Circuit issued its decision in United States v. McAdory, 935 F.3d 838 (9th Cir. 2019). Dkt. No. 15.

6 On November 18, 2019, the Government filed a status report, stating that the Office of the Solicitor General of the United States elected not to seek further review in McAdory, and that based on the Ninth Circuit’s opinion in McAdory, the Government would concede Mr. Pines’ motion to vacate his conviction in 17-CR- 187-RAJ. Dkt. No. 15.

Accordingly, IT IS HEREBY ORDERED: 1. Mr. Pines’ Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody, Dkt. No. 1, is hereby GRANTED; 16 2. The Judgment in a Criminal Case imposed on April 6, 2018, Dkt. No. of 17-CR-187-RAJ, is hereby VACATED; 3. The plea of guilty entered on January 16, 2018, in accordance with the plea agreement, Dkt. No. 24 of 17-CR-187-RAJ, is hereby WITHDRAWN; 21 4. The indictment in 17-CR-187-RAJ. Dkt. No. 13, is DISMISSED WITH PREJUDICE; and

ORDER – 2 1 5. The pending petitions for revocation of supervised release and any related sentencing matters for those petitions in 17-CR-187-RAJ are hereby STRICKEN.

6 DATED this 5th day of December, 2019.

A 9 The Honorable Richard A. Jones United States District Judge

ORDER – 3