United States v. Grebinger, 7:14-CR-476-9 (CS) (2020)
Court: District Court, S.D. New York
Number: infdco20200311884
Visitors: 11
Filed: Mar. 04, 2020
Latest Update: Mar. 04, 2020
Summary: ORDER CATHY SEIBEL , District Judge . The Court has received and reviewed the parties' submissions regarding the effect of the Supreme Court's decision in United States v. Davis , 139 S.Ct. 2319 (2019), on Defendant Christopher Grebinger's conviction on Count Two of Indictment S1 14-CR-476, which charged Mr. Grebinger under 18 U.S.C. 924(c)(1)(A)(i) with using, carrying and possessing firearms during and in relation to a crime of violence — specifically, the racketeering conspiracy charg
Summary: ORDER CATHY SEIBEL , District Judge . The Court has received and reviewed the parties' submissions regarding the effect of the Supreme Court's decision in United States v. Davis , 139 S.Ct. 2319 (2019), on Defendant Christopher Grebinger's conviction on Count Two of Indictment S1 14-CR-476, which charged Mr. Grebinger under 18 U.S.C. 924(c)(1)(A)(i) with using, carrying and possessing firearms during and in relation to a crime of violence — specifically, the racketeering conspiracy charge..
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ORDER
CATHY SEIBEL, District Judge.
The Court has received and reviewed the parties' submissions regarding the effect of the Supreme Court's decision in United States v. Davis, 139 S.Ct. 2319 (2019), on Defendant Christopher Grebinger's conviction on Count Two of Indictment S1 14-CR-476, which charged Mr. Grebinger under 18 U.S.C. § 924(c)(1)(A)(i) with using, carrying and possessing firearms during and in relation to a crime of violence — specifically, the racketeering conspiracy charged in Count One. The Court agrees with the parties that vacatur of Defendant's § 924(c) conviction is appropriate, and therefore grants Defendant's motion to vacate that conviction pursuant to 28 U.S.C. § 2255 (Doc. 398 in No. 14-CR-476 and Doc. 1 in No. 19-CV-8600). Defendant's conviction on Count Two of Indictment S1 14-CR-476 is hereby vacated. The Court has resentenced Mr. Grebinger on Count One and entered an Amended Judgment. This Order resolves Doc. 398 in No. 14-CR-476 and Doc. 1 in No. 19-CV-8600. The Clerk of Court is respectfully directed to close case No. 19-CV-8600.
SO ORDERED.
Source: Leagle
