Miller v. United States

Opinion

IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH

TYLER JAMES MILLER, MEMORANDUM DECISION AND Petitioner, ORDER LIFTING STAY vs. Case No. 1:16-cv-68-DAK Case No. 1:19-cv-85-DAK UNITED STATES OF AMERICA, Judge Dale A. Kimball Respondent.

These matters were stayed pending the Tenth Circuit’s decision in United States v. Baker, 20-3062 (10th Cir.). The Tenth Circuit has decided Baker, reiterating that Hobbs Act robbery is categorically a crime of violence. 2022 WL 3371011 (10th Cir. Aug. 16, 2022). Therefore, the court lifts the stay. If Petitioner maintains, after Baker, the position that these cases should not be dismissed, he shall file a brief setting forth his reasoning by October 28, 2022. If Petitioner does not file a brief, the court will dismiss these actions based on Baker. DATED this 6th day of October, 2022.

BY THE COURT:

Dale A. Kimball, United States District Judge