Antonetti v. United States of America

Filing 13

ORDER: In light of the above, Antonetti's motion pursuant to 28 U.S.C. § 2255 and the related supplemental motions are DENIED as moot. The Clerk of Court is respectfully directed to terminate the motions on criminal docket 02-CR-1232 (ECF Nos. 47, 51, 52). The Clerk of Court is hereby directed to terminate civil docket 18-CV-7239 and to send to the parties appeal instructions. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/10/2020) (va) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORI<.

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USDCSDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: - - - - - -- DATEFILED: 11/1 0/2-01,,0

JOSE ANTONETTI
Petitioner,

02-CR-1232 (KMW)
18-CV-7239 (KMW)

-against-

ORDER

UNITED STATES OF AMERICA,
Respondent.

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KIMBA M. WOOD, United States District Judge:
On October 29, 2003, Petitioner Jose Antonetti pleaded guilty to three counts contained in
the indictment in United States v. Antonetti (02-CR-1232).

Counts One and Three charged

Antonetti with conspiracy to commit Hobbs Act robbery, in violation of 18 U.S.C. § 1951, and
Count Two charged him with brandishing a firearm during a crime of violence, in violation of 18
U.S.C. § 924(c).
charges.

The§ 924(c) charge was predicated on one of the Hobbs Act conspiracy

On June 1, 2004, Antonetti was sentenced to 77 months' imprisonment on the Hobbs

Act conspiracy charges and 84 months' imprisonment on the § 924(c) charge, to be served
consecutively.
On June 4, 2018, Antonetti, proceeding prose, filed a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2255 (ECF No. 47 1), opening the civil docket 18-CV-7239.

Due to an

error in the filing of the petition, Antonetti also filed supplemental motions that assert
substantially identical grounds for relief as the initial petition.

(ECF Nos. 51, 52.)

On September 30, 2019, Antonetti filed a supplemental brief, in which he argued that his
conviction on the§ 924(c) charge could not stand under the Supreme Court's decision in United

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All references to Petitioner's electronic docket refer to Petitioner's criminal docket.

States v. Davis, 139 S. Ct. 2319 (2019).

(ECF No. 59.)

On August 3, 2020, the Government

informed the Cowt that it agrees with Antonetti that his conviction on the § 924(c) charge is
invalid under Davis.

(ECF No. 62.)

Accordingly, on August 10, 2020, the Court issued an Order appointing CJA counsel for
the purpose of advising Antonetti in advance of and during resentencing; ordering the submission
of a Supplemental Presentence Investigation Report and sentencing submissions by Antonetti and
the Government; and setting a resentencing hearing, at which time the Government would
consent to the vacatur of the §924(c) charge and the Court would resentence Antonetti on the
remaining two counts of conviction.

(ECF No. 63.)

On October 21, 2020, the Cowt vacated Antonetti's sentence on the§ 924(c) charge
(Count Two) and, on Counts One and Three, imposed a new sentence of 105 months (which is a
sentence of time served).
2020.

(ECF No. 71.)

An amended judgment was entered on November 3,

(ECF No. 72.)
CONCLUSION

In light of the above, Antonetti's motion pursuant to 28 U.S.C. § 2255 and the related
supplemental motions are DENIED as moot.

The Clerk of Court is respectfully directed to

terminate the motions on criminal docket 02-CR-1232 (ECF Nos. 47, 51, 52).
The Clerk of Court is hereby directed to terminate civil docket 18-CV-7239 and to send to
the parties appeal instructions.

SO ORDERED.
Dated: New York, New York
November 10, 2020
KIMBA M. WOOD
United States District Judge

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