Pelayo v. United States

1 THE HONORABLE JOHN C. COUGHENOUR

7 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE ANTHONY PELAYO, CASE NO. C24-0815-JCC Petitioner, STIPULATION AND ORDER 11 STAYING CASE PENDING NINTH v. CIRCUIT DECISION UNITED STATES OF AMERICA, Noted for August 20, 2024 Respondent.

IT IS HEREBY AGREED AND STIPULATED by the Petitioner, Anthony Pelayo, through his attorney, Neil M. Fox, and the Respondent, the United States of America, by and through Tessa M. Gorman, United States Attorney for the Western District of Washington, and Michael Lang, Assistant United States Attorney for said District, that this matter be stayed pending the en banc decision of the Ninth Circuit Court of Appeals in United States v. Steven Duarte, No. 22-50048.

25 On May 9, 2024, a divided panel of the Ninth Circuit issued an opinion in United States v. Duarte, 101 F.4th 657 (9th Cir. 2024), finding 18 U.S.C. §

_______________ Law Office of Neil Fox PLLC 922(g)(1) unconstitutional under the Second Amendment as the statute was applied to the defendant. On July 17, 2024, the Ninth Circuit issued an order, over dissent, vacating the panel opinion and ordering the case to be reheard en banc. En banc oral argument will be scheduled the week of December 9, 2024.

While the issues in Duarte are not dispositive of the issues in the instant case, the parties agree that the en banc decision in Duarte will likely be informative to the parties and the Court. Accordingly, the parties agree to stay the instant case pending the outcome of Duarte in the Ninth Circuit.

DATED this 20th day of August 2024.

Respectfully submitted,

s/ Neil M. Fox Attorney for Petitioner

TESSA M. GORMAN United States Attorney

s/ Michael Lang Assistant United States Attorney

_______________ Law Office of Neil Fox PLLC ORDER 3 Based upon the stipulation of the parties (Dkt. No. 7) and for good cause shown, IT IS SO ORDERED.

7 This matter is stayed pending the outcome of the en banc decision of the Ninth Circuit Court of Appeals in United States v. Steven Duarte, No. 22-50048.

The Petitioner’s counsel shall provide the Court with an updated status report by January 1, 2025. When the stay is lifted, the parties shall meet and confer to propose a schedule to the Court for the filing of (1) a Supplemental Memorandum of Law by Petitioner, and (2) the Answer of the United States.

15 Dated: August 21, 2024.

A

THE HONORABLE JOHN C. COUGHENOUR

_______________ Law Office of Neil Fox PLLC