1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERIA, Case No. 97cr2546-CAB; 16cv1564- CAB; 16cv1636-CAB 12 Plaintiff,

13 v. ORDER: (1) LIFTING STAY; AND 2)

DENYING AS MOOT MOTION

14 REGINALD OWENS,

UNDER 28 U.S.C. SECTION 2255 TO

15 Defendant. VACATE, SET ASIDE OR CORRECT A SENTENCE [Doc. No. 16 65] 17 18 On June 21, 2016, Defendant/Petitioner filed a motion under 28 U.S.C. § 2255 to 19 vacate, set aside, or correct a sentence (the “2255 motion”). [Doc. No. 65.] On July 1, 20 2016, this Court issued an order staying the motion pending a decision by the Ninth 21 Circuit in 14-10080, United States v. Begay. [Doc. No. 67.] 22 On April 20, 2018, Defendant/Petitioner filed a motion to lift the stay in light of 23 the Supreme Court’s decision in Sessions v. Dimaya, __ S. Ct. __, 2018 WL 1800371 24 (U.S. Apr. 17, 2018). [97cr2546, Doc. No. 69.] On January 10, 2019, the Court denied 25 the motion to lift the stay. [Doc. No. 74.] 26 On July 18, 2019, the Ninth Circuit Court of Appeals issued an order regarding an 27 application for authorization to file a second or successive 28 U.S.C. §2255 motion filed 28 in Ninth Circuit No. 18-71013. [Doc. No. 75.] The Ninth Circuit denied the motion as 1 || unnecessary because the applicant (Petitioner Reginald Owen) already has a section 2255 2 motion pending in this Court. Jd. The Ninth Circuit further ordered the proposed section 3 }|2255 motion be filed in this action as a motion to amend the currently pending 2255 4 ||motion. Jd. That motion to amend is now filed in this action as docket no. 76. 5 On August 6, 2019, this Court issued an order lifting the stay to address the motion 6 ||to amend, and set a briefing schedule. [Doc. No. 77.] On September 12, 2019 this Court 7 ||issued an order denying the motion to amend and reinstating the stay. [Doc. No. 79.] 8 On October 21, 2019, Defendant filed a motion to reduce sentence pursuant to 18 9 ||U.S.C. §3582 (First Step Act). [Doc. No. 81.] Following further briefing by the 10 ||} government and Defendant [Doc. Nos. 87, 90-92], the Court granted Defendant’s motion 11 reduce sentence under the First Step Act. [Doc. No. 93.] Following a telephonic 12 ||hearing [Doc. No. 95], the Court issued an Amended Judgment sentencing Defendant to a 13 || term of imprisonment of time served as to all counts, concurrent [Doc. No. 96], and 14 ||issued an Abstract of Order for Defendant to be released from custody [Doc. No. 97]. 15 Given that Defendant will henceforth be released from custody, the Court 16 |} HEREBY ORDERS AS FOLLOWS: 17 1. The stay as to Defendant’s 2255 motion is HEREBY LIFTED; 18 2. The 2255 motion is HEREBY DISMISSED AS MOOT; 19 3. The corresponding civil cases, 16cv1564 and 16cv1636, are HEREBY 20 DISMISSED WITHOUT PREJUDICE. 21 IT IS SO ORDERED. 22 Dated: March 25, 2020 € 23 Hon. Cathy Ann Bencivengo 24 United States District Judge 25 26 27 28