Lopez v. United States

Opinion

Cae U.S. Department of Justice Bag ioc i United States Attorney % ap wey i Southern District of New York oa | The Silvio J, Molto Building Wetic.. NTOALLY FILED { One Saint Andrew's Plaza New York, New York 10007 Sabet) . _ ele | 1 Hl December 9, 2019 a (cof □ ee ee □ BY ECF & ELECTRONIC MAIL 4A □ □□□□ ¢ & □ The Honorable Colleen McMahon wow 2 . ( © 70n0 en ° Neher Chief United State District Judge (Uk ow io United States Courthouse E50 Ke + □□□ 500 Pearl Street eek 6u poe New York, New York 10007 ACR Re: Gibron Lopez vy. United States 4 7 ) . ’ ag 16 Cv. 9095 (CM); 15 Cr. 002 (CM) Ll Ls. f tb Vere □□□ Aner i DPep be gape oo: Dear Chief Judge McMahon: Vera Lin The Government writes in connection with the pending Section 2255 motion in the above-captioned case, involving a claim related to the constitutionality of the defendant’s Section 924(c) conviction under United States v. Davis, 139 S. Ct. 2319 (2019). As the Court is aware, the defendant was separately convicted of Hobbs Act robbery and Hobbs Act robbery conspiracy offenses under docket number 16 Cr. 323 (KPF) and was sentenced principally to 40 years’ imprisonment. That conviction and sentence are currently on appeal; oral argument in connection with the appeal was held before the Second Circuit on December 6, 2019. A decision from the Second Circuit is anticipated in the near future. In light of the length of the defendant’s sentence in the matter on appeal, the Government has conferred with defense counsel regarding a further stay of the Section 2255 proceedings in the instant matter. Defense counsel informed the Government that the defendant consents to such a stay until after the appeal in the other matter is fully resolved. Accordingly, the Government respectfully requests that the Court stay proceedings in this case until after the Second Circuit has decided the issues on appeal in Second Circuit docket number 18-1040. ee Respectfully submitted, GEOFFREY S. BERMAN United States Attorney By: /s Christopher J. DiMase Assistant United States Attorney Southern District of New York (212) 637-2433 cc: David Touger, Esq. (by ECF and electronic mail)