Rivera v. United States

Opinion

Southern District Federal Defenders 52 Duane Street-10th Floor, New York, NY 10007 OF NEW YORK, INC. Tel: (212) 417-8700 Fax: (212) 571-0392

David E. Patton Southern District of New York Executive Director Jennifer L. Brown Attorney-in-Charge May 12, 2022 BY ECF Counsel for Petitioner shall update the Court by 7/12/22. Taylor Honorable Cathy Seibel presumably will have been decided. If Petitioner is going to pursu United States District Judge the application, the update shall include a proposed, and hopefully Southern District of New York agreed-upon, briefing schedule 300 Quarropas St. SO ORDERED. White Plains, NY 10601 □

Re: United States v. Jose Rivera, 12 Cr. 169 (CS) Mey bebek Jose Rivera v. United States, 16 Cv. 4983 (CS) CATHY SEIBEL, U.S.D.J.

Dear Judge Seibel, 5/13/22 I write to provide an update regarding Mr. Rivera’s pending motion under 28 U.S.C. § 2255 based on Johnson v. United States, 135 S. Ct. 2551 (2015). This Court has granted our requests to continue to stay his petition until the Supreme Court’s disposition of United States v. Taylor, No. 20-1459, 2021 WL 2742792, at *1 (U.S. July 2, 2021). See Dkt. Nos. 32, 34, 36.1 As noted in our previous letter motions, we anticipate that Taylor will resolve the split among the Circuits regarding whether attempted Hobbs Act robbery is a crime of violence for the purpose of 18 U.S.C. § 924(c). See id. The Court directed defense counsel to provide a status update today. See Dkt. No. 36. As of this writing, Taylor still has not been decided by the Supreme Court. It was argued on December 7, 2021,2 but no opinion has been issued to date. Therefore, we ask that the instant stay be continued and that we be permitted to update the Court in 60 days. Thank you for your consideration. Respectfully submitted, /s/ Sylvie Levine Assistant Federal Defender

1 The docket citations correspond to the criminal case number, 12 Cr. 169 (CS). 2 See Supreme Court Website, available at https://www.supremecourt.gov/docket/docketfiles/html/public/20-1459. html (last visited 5/12/22).