Urena v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CARLOS URENA, Petitioner, 18Civ. 9995(PAE) -v- 11 Cr. 1032-4 (PAE) UNITED STATES, ORDER Respondent. PAUL A. ENGELMAYER, District Judge: The Court has received the attachedletter (“Urena Letter”) from petitioner Carlos Urena acknowledging receipt of the Government’s opposition to his §2255 motion. The letter indicates that Urena has not yet received acopy of the Government’s opposition, Dkt. 30, and requests additional time to reply. In their respective submissions, both Urena and the Government rely on the Second

Circuit’s decision in UnitedStates v. Scott, 954 F.3d 74 (2d Cir. 2020), in which the Second Circuit held that “New York first-degree manslaughter is not a predicate crime of violence because it can be committed by complete inaction and therefore without the use of force[.]” Id. at 78; see also Dkts. 25 (“UrenaMem.”), 30 (“Gov. Opp.”). However, the Court understands the Government has moved for en banc reconsiderationof the decision in Scott. See Gov.Opp. at 3. Accordingly, the Court will stay all further briefing on Urena’s motionpending the en banc decision. The Clerk of Court is respectfully directed to mail a copy of this order and the Government’s opposition at docket 13 to Urena, who is currently housed at the United States

Penitentiary Allenwood in Pennsylvania. SO ORDERED.

PAUL A. ENGEL re United States District Judge Dated: November 6, 2020 New York, New York