Trate

(HC) McCoy v. Trate

Good Law
United States District Court, Eastern District of CaliforniaAugust 9, 20221:22-cv-00031California565 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REGINALD L. MCCOY, Case No. 1:22-cv-00031-HBK (HC) Petitioner, ORDER GRANTING STAY1 v. (Doc. No. 31) B.M. TRATE, Respondent. 16 17 Petitioner Reginald L. McCoy (“Petitioner”), a federal prisoner, is proceeding pro se, on his petition for writ of habeas corpus filed under 28 U.S.C. § 2241. (Doc. No. 1, “Petition”). On March 8, 2022, Respondent filed a Motion to Dismiss the Petition for lack of jurisdiction. (Doc. No. 12). On June 8, 2022, the Court ordered Respondent to submit supplemental briefing to address Petitioner’s argument that pursuant to Mathis v. United States, 579 U.S. 500 (2016) and Descamps v. United States, 570 U.S. 254 (2013), he is actually innocent of his sentence of mandatory life imprisonment because his predicate Florida felony drug convictions are not qualifying predicates under 21 U.S.C. § 841(b)(1)(A). In the supplemental briefing, Respondent argues that Petitioner had an “unobstructed…

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