Lorenzana v. United States ( 2020 )

Ly Rt Bol hee? — nF on } DOCUMENT □ } ELECTRONICALLY FILED □ UNITED STATES DISTRICT COURT {DOC #: SOUTHERN DISTRICT OF NEW YORK | DATE FILED: f220 i Srna nanan X Ua aenmmecnescens penn aan aha UNITED STATES OF AMERICA, : — ee : No. 03 Cr. 1256 (JFK) -against- : No. 16 Civ. 4355 (JFK) VICTOR LORENZANA, : ORDER Defendant. : ee ee ee EE EE xX JOHN F. KEENAN, United States District Judge: On June 3, 2020, the Court directed the Government to file a letter regarding whether the stay of proceedings in this habeas action should remain in effect. On June 17, 2020, the Government informed the Court that the stay should be lifted and Defendant Victor Lorenzana’s motion to vacate his conviction and sentence should be denied because the issue he raises was resolved by the Second Circuit in United States v. Hill, 890 F.3d 51 (2d Cir. 2018). Accordingly, Lorenzana shall have until August 5, 2020, to file a response. Absent further order, Lorenzana’s motion will be considered fully submitted as of that date. The Clerk of Court is respectfully directed to (1) terminate the stay imposed in this case, and (2) mail a copy of this Order and the Government’s letter (ECF No. 224, attached) to Lorenzana. SO ORDERED. Dated: New York, New York A a.) Neb abe! June 17, 2020 é John F. Keenan United States District Judge ae os EEE EEO Set United States Attorney ~ Southern District of New York The Silvio J. Mollo Building One Saint Andrew's Plaza New York, New York 10007 June 17, 2020 BY ECF Hon. John F. Keenan United States District Judge Southern District of New York 500 Pearl Street New York, New York 10007 Re: United States y. Victor Lorenzana, 86 03-CR-1256-JFK-1 Dear Judge Keenan: On June 9, 2016, Victor Lorenzana, the defendant, filed a placeholder motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 seeking vacatur of his conviction on Counts Six, Seven and Nine, for violating 18 U.S.C. § 924(c), in light of Johnson v. United States, 135 S. Ct. 2251 (2015). (ECF No. 198 at 4.) Under the Court’s standing order, the form motion is to be supplemented ata later date by a brief that “more fully sets forth the basis for the requested relief.” (ECF No. 200 at 1.) On February 2, 2018, the Court stayed the case pending resolution of potentially relevant decisions of the Supreme Court and Second Circuit. (ECF No. 205 at 1; see ECF No. 218.) On June 3, 2020, the Court ordered the Government to inform the Court whether the stay should be lifted. (ECF No, 218 at 1.) The stay in this case should be lifted, and the motion should be denied because the issue in this case was resolved by the Second Circuit in United States v. Hill, 890 F.3d 51 (2d Cir. 2018). According to the placeholder motion, the defendant seeks vacatur of his conviction on Counts 6, 7 and 9 because they were not predicated on a conviction for a “crime of violence.” (ECF No. 198 at 4; see 18 U.S.C. § 924(c)(1)(A) (imposing criminal penalties on “[a]ny person who, during and in relation to any crime of violence .. . uses or carries a firearm”); id. § 924(c)(3) (defining “crime of violence”); cf. Johnson, 135 S. Ct. at 2563.) In this case, the predicate offense for each of the Section 924(c) counts was a substantive Hobbs Actrobbery. (ECF No. 198 at 4; see 18 U.S.C. § 1951.) And in Hill, decided after Johnson, the Second Circuit held that “Hobbs Actrobbery is a crime of violence under 18 U.S.C. § 924(c)(3)(A).” Hill, 890 F.3d at 53. Page 2 Accordingly, this case is ready for decision. The stay should be lifted, and the motion should be denied. Respectfully submitted, GEOFFREY S. BERMAN United States Attorney by: /s/T. Josiah Pertz T. Josiah Pertz Assistant United States Attorney (212) 637-2246