Johnson v. United States of America

Filing 26

ORDER granting 25 Letter Motion to Stay re: 25 LETTER MOTION to Stay addressed to Judge Richard J. Sullivan from AUSA Cecilia Vogel dated October 17, 2022. The Court is in receipt of the parties' letter jointly requesti ng a stay of Defendant John Johnson's successive habeas petition pending the Second Circuit's decision in United States v. Savoca, 20-1502. Because the Court finds that Savoca bears on the disposition of this case, IT IS HEREBY ORDERED THAT Defendant John Johnson's petition is stayed pending the Second Circuit's decision in Savoca. IT IS FURTHER ORDRED THAT the parties shall submit a joint letter addressing the status of Savoca and the continuing need for a stay no later than January 20, 2023, or within 48 hours of the issuance of the decision in Savoca, whichever comes first. (Signed by Judge Richard J. Sullivan on 10/19/2022) Sitting by Designation. (ate)

Case 1:15-cv-03956-RJS Document 26 Filed 10/20/22 Page 1 of 1
U.S. Department of Justice
[Type text]
United States Attorney
Southern District of New York
The Silvio J. Mollo Building
One Saint Andrew’s Plaza
New York, New York 10007

October 17, 2022
BY CM/ECF
The Honorable Richard J. Sullivan
United States Circuit Judge
Southern District of New York
500 Pearl Street
New York, New York 10007
Re: United States v. John Johnson, 11 Cr. 487 (RJS), 15 Civ. 3956 (RJS)
Dear Judge Sullivan:
The Government writes to update the Court regarding the defendant John Johnson’s
pending successive motion under 28 U.S.C. § 2255. The parties have conferred and believe that
the Second Circuit’s decision in the pending case, United States v. Savoca, 20-1502, will have
direct bearing on the legal issues presented by Mr. Johnson’s petition, specifically, whether Mr.
Johnson’s claims are cognizable in a successive Section 2255 motion. In Savoca, the defense filed
its petition for rehearing/rehearing en banc on July 21, 2022, and the petition was fully briefed as
of October 14, 2022. Therefore, the parties ask the Court to stay any further briefing and decision
on Mr. Johnson’s petition until after a decision is reached in Savoca. The Government is aware of
at least two other successive Section 2255 petitions in this District that raise similar issues that
have been stayed pending Savoca: United States v. Rivera, N0. 12 Cr. 169 (CS), 16 Civ. 4983
(CS), and United States v. Melo, No. 07 Cr. 1150 (VM), 11 Civ. 1592 (VM).
The Court is in receipt of the parties'
letter jointly requesting a stay of
Defendant John Johnson's successive habeas
petition pending the Second Circuit's
decision in United States v. Savoca,
20-1502. Because the Court finds that
Savoca bears on the disposition of this
case, IT IS HEREBY ORDERED THAT Defendant
John Johnson's petition is stayed pending
the Second Circuit's decision in Savoca.
IT IS FURTHER ORDRED THAT the parties shall
submit a joint letter addressing the status
of Savoca and the continuing need for a
stay no later than January 20, 2023, or
within 48 hours of the issuance of the
decision in Savoca, whichever comes first.
SO ORDERED.
October 19, 2022

Respectfully submitted,
DAMIAN WILLIAMS
United States Attorney

by: _____________________________
Cecilia Vogel
Assistant United States Attorney
[phone]

________________________________
RICHARD J. SULLIVAN
U.S.C.J., Sitting by Designation