|| USDC SDNY UNITED STATES DISTRICT COURT meen ore ALLY FILED SOUTHERN DISTRICT OF NEW YORK 7 x DOC #: □ DATE FILED: /Sfo/2t_} ANTHONY BOYKIN, □ Petitioner, 21 CV 3146 (CM) -against- 10 CR 391-01 (CM) UNITED STATES OF AMERICA, Respondent. , ee ORDER APOINTING COUNSEL AND SCHEDULING DEADLINE FOR SUPPLEMENTAL FILINGS ON PETITIONER’S MOTION PURSUANT TO 28 U.S.C, § 225 McMahon, J.: as Movant Anthony Boykin was convicted of racketeering and conspiracy t@é commit racketeering, 18 U.S.C. §§ 1961(d), 1962(d); murder and conspiracy to commit murdef in aid of racketeering, 18 U.S.C. §§ 1959(a)(1), (5); assault and attempted murder in aid of racketeering, 18 U.S.C. §§ 1959(a)(3), (5); conspiracy to distribute and sossession with intent to distrihute crack cocaine, 21 U.S.C. § 846; and possession of a firearm in furtherance of a drug trafficking offense and acrime of violence, 18 U.S.C. § 924(c)(1)(A)(il). The Court sentenced Boykin to life plus thirty- two years in prison. See United States v. Boykin, No. 10-CR-0391-01 (CM) (S.D.N.Y4 Mar. 20, 2014), aff'd 660 F. App’x 35 (2d Cir. 2016) (summary order). Boykin filed a motion under 28 U.S.C. § 2255, which the Court denied on September 21, 2018. See Boykin v. United States, No. 18-CV-00736 (CM) (S.D.N.Y. Sept. 21, 2018), appeal dismissed, 18-3314 (2d Cir. July 22, 2019). On April 5, 2021, the Second Circuit granted Boykin leave to file a successive 28 U.S.C.§ 2255 motion, “primarily based on” United States v. Davis, 139 S. Ct. 2319 (2019), and transferred the matter here for further proceedings. See Boykin v. United States, No. 20-13 (2d Cir. Apr. 5, 2021) (noting Boykin’s argument that “one of his 18 U.S.C. §924(c) convictions is no longer su ported by a valid predicate after Davis.” (ECF 1:21-CV-03146, 1)). The Court is appointing attorney, Sarah E. Aberg, from the CJA panel, to lrepresent Boykin in connection with his § 2255 motion. Counsel should review Boykin’s filings and report back to the Court within 30 days on how counsel wishes to proceed. If counsd! decides she will be supplementing Boykin’s pro se motion, counsel’s papers must be filed within 60 days; the Government will have 30 days thereafter to file a response, This constitutes the order of the Court.! Dated: May 10, 2021 bi. Beh. ColleenMcMahon t—t—~—S District Court Judge ' Nothing in this order shall be construed as a ruling by the Court on the merits, timeliness or otherwise procedural correctness of petitioner’s filings.