Alvarez v. United States ( 2020 )

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED □□□□□□□□□□□□□□□□□□□□□□□□□□□ cannes □□□□□□□□□□□□□□□□□□□□□□□□□□ DOC #: DATE FILED:.03/03/2020 _ UNITED STATES OF AMERICA, : Plaintiff, : : 93 Cr. 181-09 (LGS) -against- : 16 Civ. 4515 (LGS) VICTOR ALVAREZ, : ORDER Defendant, : LORNA G. SCHOFIELD, District Judge: WHEREAS on June 3, 2016, Defendant Victor Alvarez filed a Motion to Vacate under 28 U.S.C. § 2255 (the “Motion”) (Dkt. No. 1058)!; WHEREAS this matter was stayed pending the Second Circuit’s decision on Defendant’s application to file a successive § 2255 motion (Dkt. No. 1065); WHEREAS on December 4, 2019, Defendant’s application to file a successive § 2255 petition was granted, and the stay was terminated (Dkt. No. 1147); WHEREAS the parties agree that the Court should “amend the judgment by vacating the 924(c) conviction (Count 16) and its 60-month consecutive sentence, which will reduce the total term of incarceration from 420 months to 360 months” (Dkt. No. 1150); WHEREAS Defendant Alvarez is currently serving the custodial term imposed in the Court’s Judgment dated January 17, 1996 and has a projected release date of April 22, 2025 (Dkt. No. 518). WHEREAS this Court has considered the Motion and the parties’ respective arguments in support of resentencing in light of Johnson v. United States, 135 8. Ct. 2551 (2015), and United States v. Davis, 139 S. Ct. 2319 (2019). It is hereby 1 All docket citations are to Case No. 93 Cr. 181-09 unless otherwise noted. ORDERED that the Judgment dated January 17, 1996, is VACATED. An amended judgment will issue reflecting the following: I. Accustodial term of 360 Months to be served as follows: a. 240 Months on Count Iss to run concurrently with the terms of imprisonment imposed on Counts 5ss and 15ss; b. 60 Months on Count 5ss to run concurrently with the terms of imprisonment imposed on Counts Iss and 15ss; c. 120 Months on Count 6ss to run consecutively with the terms of imprisonment imposed on Counts Iss, 5ss and 15ss; d. 120 Months on Count 15ss to run concurrently with the terms of imprisonment imposed on Counts Iss and 5ss; e. Count 16ss is DISMISSED. The Clerk of the Court is directed to close the motions at docket numbers 1058 and 1150 in 93 Cr. 181 (LGS), and to close Case No. 16 Civ. 4515 (LGS). Dated: March 3, 2020 New York, New York UNITED STATES DISTRICT JUDGE