Skyfield v. United States of America
Plaintiff: Tyriek Skyfield
Defendant: United States of America
Case Number: 1:2015cv02222
Filed: March 13, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Essex
Presiding Judge: John F. Keenan
Nature of Suit: Motions to Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
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Date Filed Document Text
November 21, 2022 Opinion or Order Filing 35 ORDER granting 34 Motion for Enlargement re: 34 MOTION Enlargement . Application granted. SO ORDERED.. (Signed by Judge Ronnie Abrams on 11/21/2022) (kv)
September 13, 2022 Opinion or Order Filing 30 ORDER granting 29 Letter Motion to Adjourn Conference. Application granted. The sentencing is rescheduled to December 9, 2022 at 2:30 p.m. The defendant shall file its submission by November 28, 2022 and the Government shall file its submission by December 5, 2022. (Signed by Judge Ronnie Abrams on 9/13/2022) (ate)
September 9, 2022 Opinion or Order Filing 28 ORDER: At a proceeding held on August 3, 2022, Judge Keenan granted the defendant's Motion to Vacate, Set Aside or Correct Sentence, pursuant to 28 U.S.C. 2255. The Clerk of Court is thus respectfully requested to close case 15 Civ. 2222. The defendant shall be resentenced on November 18, 2022 at 11:30 a.m., in case 11 Cr. 912. The proceeding will be held in Courtroom 1506 at 40 Foley Square. (Signed by Judge Ronnie Abrams on 9/9/2022) (ate)
May 11, 2021 Opinion or Order Filing 19 OPINION AND ORDER: For the reasons set forth above, Defendants-Petitioners Tyriek Skyfield and Prince Wareham's motions to vacate, set aside, or correct their sentences are DENIED. The Court declines to issue a certificate of appealability be cause neither Skyfield nor Wareham have made a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see also United States v. White, No. 16 Cr. 82 (VEC), 2020 WL 5898680, at *6 (S.D.N.Y. Oct. 5, 2020) (denying habeas relief to petitioners challenging § 924(c) convictions). Further, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order by Skyfield or Wareham would not be taken in good faith. S ee Coppedge v. United States, 369 U.S. 438, 44445 (1962). That being said, however, should the law of this Circuit change with respect to whether attempted Hobbs Act robbery constitutes a crime of violence under 18 U.S.C. § 924(c), Skyfield and Wareham may move for reconsideration of this Order at that time. The Clerk of Court is directed to terminate the motions docketed at ECF Nos. 202, 271, 365, and 374 in criminal case 11 Cr. 912 (JFK) and close civil cases 15 Civ. 2222 (JFK) and 16 Civ. 4700 (JFK). So Ordered. (Signed by Judge John F. Keenan on 5/11/2021) (js)
March 2, 2021 Opinion or Order Filing 16 ORDER: By no later than March 26, 2021, the parties are directed to file letters of no more than three pages addressing whether the Second Circuit's recent decision in Collier v. United States, --- F.3d ---, No. 17-2402, 2021 WL 771689 (2d Cir. Mar. 1, 2021) (holding attempted federal bank robbery qualifies as a crime of violence under 18 U.S. C. § 924 (c) (3) (A)), has any bearing on Defendant Tyriek Skyfield's pending habeas petition which questions whether attempted Hobbs Act robbery qualifies as a crime of violence under 18 U.S.C. § 924 (c) (3) (A). (Signed by Judge John F. Keenan on 3/2/2021) (cf)
October 27, 2020 Opinion or Order Filing 15 ORDER: At this time, and for the reasons set forth in the Court's October 1, 2020 Order, the Court declines to revisit its decision to continue the stay pending the Second Circuit's resolution of the issue raised in Skyfield's habeas petition. Accordingly, Skyfield's request is DENIED. The Clerk of Court is directed to terminate the letter motion at ECF No. 357. (As further set forth in this Order.) (Signed by Judge John F. Keenan on 10/27/2020) (cf)
October 1, 2020 Opinion or Order Filing 14 ORDER: Accordingly, principles of judicial economy continue to strongly favor continuing the stay of this action pending the Second Circuit's resolution of the issue. See, e.g., Wang v. United States, No. 13 Civ. 3524 (DLI), 2015 WL 1966465, at *2 (E.D.N.Y. Apr. 30, 2015). The Government's request, (ECF No. 349), is GRANTED. It is FURTHER ORDERED that the parties are directed to immediately notify the Court upon resolution of McCoy, Collymore, and/or Morris. If the cases remain undecided after three months, the parties are directed to file a joint status update by no later than January 4, 2021. (Signed by Judge John F. Keenan on 10/1/2020) (jwh)
June 11, 2020 Opinion or Order Filing 13 ORDER granting 12 Letter Motion to Stay. Accordingly, the Government's request to continue the stay in this case pending resolution of United States v. McCoy, No. 17-3515, and United States v. Collymore, No. 19-0596, is GRANTED. The parties are directed to notify the Court promptly upon resolution of the above cases or, if neither case has been decided, to file a joint status update by no later than September 14, 2020. (As further set forth in this Order.) (Signed by Judge John F. Keenan on 9/14/2020) (cf)
June 3, 2020 Opinion or Order Filing 11 ORDER. On October 26, 2017, the Court stayed this 28 U.S.C. § 2255 habeas action pending the Second Circuit's decisions in United States v. Hill and United States v. Barrett. Accordingly, by no later than June 17, 2020, the Government shall inform the Court whether the stay should be lifted to allow this action to proceed. The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. SO ORDERED. (Signed by Judge John F. Keenan on 6/3/2020) (rjm)
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Defendant: United States of America
Represented By: Christopher Joseph Dimase
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Plaintiff: Tyriek Skyfield
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