Rosario v. United States of America

Filing 49

ORDER: IT IS HEREBY ORDERED that the stay in this case is lifted and the Court may now consider Petitioner's remaining claim of ineffective assistance of counsel. IT IS FURTHER ORDERED that, notwithstanding that briefing on Petitioner's ine ffective assistance claim appears to have been completed on January 5, 2018, not later than March 17, 2021, both Petitioner and the Government may each submit a letter not to exceed five double-spaced pages updating any previous briefing on this issue, to the extent necessary. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/17/2021) (ama)

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Case 1:17-cv-06602-VEC Document 49 Filed 02/17/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------ X ANTONIO ROSARIO, : : Petitioner, : : -against: : UNITED STATES OF AMERICA, : : Respondent. : ------------------------------------------------------------ X VALERIE CAPRONI, United States District Judge: USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 2/17/2021 17-CV-6602 (VEC) 09-CR-415 ORDER WHEREAS on September 24, 2019, after vacating Petitioner’s Section 924(c) conviction with the Government’s consent and pursuant to United States v. Davis, the Court resentenced Petitioner; WHEREAS Petitioner filed a timely Notice of Appeal on October 2, 2019; WHEREAS at the time of Petitioner’s appeal, he had a remaining claim of ineffective assistance of counsel; WHERERAS on October 4, 2019, the Court issued an order holding Petitioner’s motion in abeyance pending the Second Circuit’s decision on Petitioner’s appeal of his resentence; and WHEREAS on February 1, 2021, the Second Circuit issued a Summary Order affirming this Court’s September 24, 2019 amended judgment, see No. 19-3163, Dkt. 98-1; IT IS HEREBY ORDERED that the stay in this case is lifted and the Court may now consider Petitioner’s remaining claim of ineffective assistance of counsel. IT IS FURTHER ORDERED that, notwithstanding that briefing on Petitioner’s ineffective assistance claim appears to have been completed on January 5, 2018, not later than March 17, 2021, both Petitioner and the Government may each submit a letter not to exceed five double-spaced pages updating any previous briefing on this issue, to the extent necessary. Case 1:17-cv-06602-VEC Document 49 Filed 02/17/21 Page 2 of 2 SO ORDERED. Date: February 17, 2021 New York, NY _________________________________ ____________________________ _ _ VALERIE CAPRONI CAPRONI N United States District Judge

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