Wiltshire v. United States of America

Filing 26

ORDER: Accordingly, resentencing in this case is scheduled for September 1, 2021, at 11:00 a.m., to be held in person at the Courthouse in White Plains. Defendant's sentencing submission shall be submitted by August 18, 2021. The government 9;s sentencing submission shall be submitted by August 25, 2021. In light of the foregoing, the Probation Department is directed to prepare a supplemental presentence investigation report as promptly as possible. SO ORDERED. (Conference set for 9/1/2021 at 11:00 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 6/8/2021) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
:
:
:
v.
:
:
KEVIN WILTSHIRE,
:
Defendant.
:
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ORDER
S2 14 CR 768-8 (VB)
20 CV 630 (VB)

By letter dated June 8, 2021, the government has advised the Court that (i) in light of the
Supreme Court’s decision in United States v. Davis, 139 S. Ct. 2319 (2019), the government will
not oppose defendant Kevin Wiltshire’s pending motion pursuant to 28 U.S.C. § 2255 to vacate
his conviction on Count Two, which charges a violation of 18 U.S.C. § 924(c), and (ii) the
government will consent to the vacatur of defendant’s conviction on Court Two at the time of
defendant’s resentencing on Counts One and Four. Accordingly, the Court will schedule a
resentencing hearing, at which defendant’s conviction on Count Two will be vacated, the
sentence on all counts will be vacated, and defendant will be resentenced on Counts One and
Four only.
Accordingly, resentencing in this case is scheduled for September 1, 2021, at 11:00
a.m., to be held in person at the Courthouse in White Plains. Defendant’s sentencing submission
shall be submitted by August 18, 2021. The government’s sentencing submission shall be
submitted by August 25, 2021.
In light of the foregoing, the Probation Department is directed to prepare a supplemental
presentence investigation report as promptly as possible.
Dated: June 8, 2021
White Plains, NY

SO ORDERED:

____________________________
Vincent L. Briccetti
United States District Judge