Ayala v. United States ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALEX AYALA, Petitioner, No. 19-CV-8877 (KMK) v. ORDER UNITED STATES OF AMERICA, Respondent. KENNETH M. KARAS, United States District Judge: Alex Ayala (“Petitioner”) filed a Petition for a Writ of Habeas Corpus (the “Petition”) pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his April 13, 2018 sentence of 96 months of imprisonment, imposed after Petitioner pled guilty to one count of conspiracy to commit Hobbs Act robbery, in violation of 18 U.S.C. § 1951, and one count of possession of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii). (See generally Pet. for a Writ of Habeas Corpus (“Pet.”) (Dkt. No. 1, Case No. 19-CV-8877; Dkt. No. 240, Case No. 17-CR-202).) Petitioner argued that his conviction under § 924(c) could not stand in light of the Supreme Court’s decision in United States v. Davis, 139 S. Ct. 2319 (2019), (see id.), and the Government agreed, (see Gov’t’s Resp. (Dkt. No. 246, Case No. 17-CR-202)). Accordingly, the Court resentenced Petitioner on June 30, 2021. (See Dkt. (minute entry for June 30, 2021), Case No. 17-CR-202; Am. Judg. (Dkt. No. 300, Case No. 17-CR-202).) As the Petition has already been granted, the Clerk of Court is respectfully directed to close Case No. 19-CV-8877. SO ORDERED. Dated: April 5, 2022 White Plains, New York KENNETH M. KARAS United States District Judge