Vasquez-Gomez v. United States

Opinion

Mier Weel DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: tenn nnn nn nnn nnn nnn nnn nnn nnn cnn □□□ K DATE FILED: 06/24/2020 MODESTO VASQUEZ-GOMEZ, Plaintiff 18-CV-8118 (PGG) (KHP) -against- ORDER UNITED STATES OF AMERICA, Defendant.

+--+ ------ X KATHARINE H. PARKER, United States Magistrate Judge: This matter has been referred to the undersigned for report and recommendation. Having reviewed the briefing, it appears that the case law relied upon by the Defendant has been overruled by the United States Supreme Court decision in United States v. Davis, 139 S. Ct. 2319, 204 L. Ed. 2d 757 (2019). To the extent that Davis represents a change in the law, this Court deems the petition to have been filed pursuant to Davis and requests that Defendant file a supplemental memorandum of law by July 17, 2020 setting forth its position as to whether Davis requires that Petitioner be re-sentenced. The government is requested to include all post-Davis decisions within this Circuit addressing whether an attempt to commit a Hobbs Act robbery is a crime of violence under 18 U.S.C. § 924(c)(3)(A). SO ORDERED. DATED: New York, New York af | ‘3 / June 24, 2020 Ka tha Ut 4 i} ard C4

KATHARINE H. PARKER United States Magistrate Judge