Urena v. United States

• Court: District Court, S.D. New York
• Decided: September 30, 2021
• Docket: 1:18-cv-09995-PAE
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

CARLOS URENA,

Petitioner, 18 Civ. 9995 (PAE) 11 Cr. 1032-4 (PAE) -v- ORDER UNITED STATES,

Respondent.

PAUL A. ENGELMAYER, District Judge:

The Court has received a letter from defendant Carlos Urena inquiring about the status of his pending petition pursuant to 28 U.S.C. § 2255. Urena there seeks to invalidate a count of conviction under 18 U.S.C. § 924(c). The Court has reserved decision as to that petition pending the conclusion of the appellate process in United States v. Scott. See Dkt. 31. In Scott, the Second Circuit held, en banc, that first-degree manslaughter under N.Y. Penal Law § 125.20(1) qualifies as a “crime of violence.” 990 F.3d 94 (2d Cir. 2021) (en banc). However, a petition for certiorari by the defendant in Scott is pending before the Supreme Court. No. 20-7778. The Clerk of Court is respectfully directed to mail a copy of this order to Urena at United States P.O. Box 300; Canaan Penitentiary; Waymart, PA 19472. SO ORDERED.

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PAUL A. ENGELMAYER United States District Judge

Dated: September 30, 2021 New York, New York