United States District Court, D. Oregon
OPINION AND ORDER
J. BROWN United States District Judge.
matter comes before the Court on Defendant's request to
represent himself. For the reasons that follow, the Court
DENIES as moot Defendant's request.
October 21, 1999, Defendant Alander Leveen Jacob pled guilty
to two counts of Possession with Intent to Distribute Cocaine
Base in violation of 21 U.S.C. § 841(b)(1).
February 20, 2001, Judge Ancer L. Haggerty sentenced
Defendant to a term of 262 months imprisonment and five years
of supervised release based on a finding that Defendant was a
career offender because he had two or more convictions for
crimes of violence pursuant to U.S.S.G. § 4B1.2(a). On
February 20, 2001, the Court entered a Judgment.
14, 2016, Defendant filed a Motion to Vacate or Correct
Sentence under 28 U.S.C. § 2255 in which he asserted the
Supreme Court's holding in United States v.
Johnson, 135 S.Ct. 2551 (2015), that the residual clause
of the Armed Career Criminal Act (ACCA), 18 U.S.C. §
924(e), is unconstitutionally vague and, therefore, is void,
applied equally to the residual clause of U.S.S.G. §
4Bl.2(a). Defendant, therefore, asserted his sentence should
28, 2016, the Court entered an order staying this matter
pending decisions by the Ninth Circuit and/or Supreme Court
on the issue of the constitutionality of the residual clause
of U.S.S.G. § 4Bl.2(a) and directing the parties to file
a status report in 18 0 days.
August 26, 2016, the Court entered an Order (#354) Amending
Previously-Entered Judgment based on the agreement of the
parties that Defendant's § 2255 Motion "should
be resolved on the grounds that the previously-entered
judgment . . . should be amended in light of Johnson v.
United States, 576 U.S.___, 135 S.Ct. 2551 (2015), and
United States v. Cisneros, ___ F.3d ___, 2016 WL
3435389 (9th Cir. June 22, 2016)." The Court
amended the February 20, 2001, Judgment "to delete the
previously imposed term of 262 months incarceration and
replace[d] [it] with a sentence to a term of imprisonment of
time served." The Court also ordered Defendant to be
released immediately from custody and to begin his five-year
term of supervised release.
August 2 6, 2016, the Court entered an Amended Judgment in
which it sentenced Defendant to time served on both counts
and five years of supervised release.
August 30, 2016, Defendant's attorney, Nancy Olson,
September 12, 2016, Defendant filed pro se a Motion
(#357) for Reconsideration pursuant to Rule 59(e) in which he
requested the Court to reduce or to remove his supervised
release pursuant to the Supreme Court's decision in
September 19, 2016, the Ninth Circuit granted Defendant's
Motion to lift the Court's June 28, 2016, stay of
Defendant's § 2255 Motion and authorized Defendant
to file his June 2016 § 2255 Motion in this Court.
October 13, 2016, Defendant's counsel, Susan Wilk, filed
an Unopposed Motion to Stay Defendant's Motion to
Reconsider pending a decision from the Supreme Court in
Beckles v. United States, No. 15-8544.
October 17, 2016, the Court granted Defendant's Motion to
Stay and stayed this matter pending a ...