Lopez v. United States

Opinion

SE U.S. Department ol Justice Cs ees aS United States Attorney Spee gol Southern District of New York dapill «x es . Ho | . e Silvio J. uildi || ELECTRONICALLY FILED Peed j New York, New York 10007 rociz__ Hl grey are TON, il oe x | ye ee dade January 21, 2020 if 2 2 or \ ed OPN BY ECF & ELECTRONIC MAIL . f, pV ¢ Col / Sw OU nye LS The Honorable Colleen McMahon 4 \ Ly 3 Chief United State District Judge Cpt Ye A 500 Pearl Street an dé New York, New York 10007 xe Se Re: Gibron Lopez v. United States, 16 Cv. 9095 (CM); 15 Cr. 002 (CM) □□□□ RP POR Ar ES ws me Dear Chief Judge McMahon: i BEA fee USES □□ Dakga ty PbO, oat □□ The Government writes in connection with the pending Section 2255 motion in the □ above-captioned case (the “Motion”), involving a claim related to the constitutionality ofthe □□ □ defendant’s Section 924(c) conviction under United States v. Davis, 139 S. Ct. 2319 (2019). □□□ Order dated December 10, 2019, the Court stayed the Motion pending the resolution of the □□ defendant’s appeal of his conviction and 40-year sentence under docket number 16 Cr. 323 (KPF). By Summary Order dated December 19, 2019, the Second Circuit upheld the defendant’s conviction and sentence in that case. (See Dkt. No. 18-2040, Dkt. Entry 157). Thereafter, on or about January 8, 2020, the defendant filed a petition for a writ of certiorari (the “Petition”); the Petition was placed on the Second Circuit docket sheet on January 16, 2020. (See Dkt. No. 18- 2040, Dkt. Entry 169). In light of the length of the defendant’s sentence in the matter still 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 Petition is resolved. Accordingly, the Government respectfully requests that the Court continue to stay proceedings in this case until after the defendant’s Petition is decided. 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)