Lopez v. United States of America

Filing 25

ORDER granting 24 Letter Motion to Stay. Motion stayed pending resolution of defendant's appeal on docket 18-1040. (Signed by Judge Colleen McMahon on 12/10/2019) (mml)

Case 1:16-cv-09095-CM Document 24 Filed 12/09/19 Page 1 of 1
U.S. Department of Justice
United States Attorney
Southern District of New York

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BY ECF & ELECTRONIC MAIL
The Honorable Colleen McMahon
Chief United State District Judge
United States Courthouse
500 Pearl Street
New York, New York 10007
Re:

Gibron Lopez v. United States
16 Cv. 9095 (CM); 15 Cr. 002 (CM)

The Government writes in connection with the pending Section 2255 motion in the
above-captioned case, involving a claim related to the constitutionality of the defendant's
Section 924(c) conviction under United States v. Davis, 139 S. Ct. 2319 (2019). As the Court is
aware, the defendant was separately convicted of Hobbs Act robbery and Hobbs Act robbery
conspiracy offenses under docket number 16 Cr. 323 (KPF) and was sentenced principally to 40
years' imprisonment. That conviction and sentence are currently on appeal; oral argument in
connection with the appeal was held before the Second Circuit on December 6, 2019. A decision
from the Second Circuit is anticipated in the near future.
In light of the length of the defendant's sentence in the matter on appeal, the Government
has conferred with defense counsel regarding a further stay of the Section 2255 proceedings in
the instant matter. Defense counsel informed the Government that the defendant consents to
such a stay until after the appeal in the other matter is fully resolved. Accordingly, the
Government respectfully requests that the Court stay proceedings in this case until after the
Second Circuit has decided the issues on appeal in Second Circuit docket number 18-1040.
Respectfully submitted,
GEOFFREY S. BERMAN
United States Attorney
By:

cc:

/s
Christopher J. DiMase
Assistant United States Attorney
Southern District of New York
[phone]

David Touger, Esq. (by ECF and electronic mail)