Lorenzana v. United States of America
Plaintiff: Victor Lorenzana
Defendant: United States of America
Case Number: 1:2016cv04355
Filed: June 9, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
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
January 25, 2023 Opinion or Order Filing 15 ORDER: This action was reassigned to the undersigned upon remand from the United States Court of Appeals for the Second Circuit. The parties are directed to apprise the Court of their respective positions and to submit any proposed briefing schedule on or before February 9, 2023. SO ORDERED. (Signed by Judge John G. Koeltl on 1/25/2023) (ama)
September 30, 2021 Opinion or Order Filing 11 OPINION & ORDER (03CR1256): Before the Court is Defendant-Petitioner Victor Lorenzanas second motion to vacate his conviction for use of a firearm in relation to a crime of violence in violation of 18 U.S.C. § 924(c). (ECF No. 198.) The United States Court of Appeals for the Second Circuit granted Lorenzana leave to file a successive motion pursuant to 28 U.S.C. § 2255 in light of the United States Supreme Courts decisions in Johnson v. United States, 576 U.S. 591 (2015), and United S tates v. Davis, --- U.S. ---,139 S. Ct. 2319 (2019). (ECF No. 241.) Lorenzana argues that his § 924(c) convictions are no longer valid after Johnson and Davis because they were predicated on both attempted and substantive Hobbs Act robbery unde r 18 U.S.C. § 924(c). For the reasons set forth below, Lorenzanas motion is DENIED. For the reasons set forth above, Defendant Victor Lorenzana's motion to vacate, set aside, or correct his sentence is DENIED. The Co urt declines to issue a certificate of appealability because Lorenzana has not made a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); Krantz v. United States, 224 F.3d 125, 127 (2d Cir. 2000). Further, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Opinion & Order by Lorenzana would not be taken in good faith. See Copped ge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to terminate the motions docketed at ECF No. 198 in criminal case 03-CR-01256-JFK-1 and close civil case 16-CV-4355-JFK. SO ORDERED. (Signed by Judge John F. Keenan on 9/29/2021) (tg) Transmission to Orders and Judgments Clerk for processing. Modified on 9/30/2021 (tg).
August 5, 2020 Opinion or Order Filing 8 ORDER: Accordingly, the Clerk of Court is respectfully directed to reimpose the stay in Lorenzana's civil habeas action, No. 16 Civ. 4355 (JFK), and the Court will hold in abeyance Lorenzana's placeholder motion in the criminal action, No. 03 Cr. 1256 (JFK). Lorenzana is directed to promptly inform the Court of the Second Circuit's decision on his pending motion when it is issued. (Signed by Judge John F. Keenan on 8/5/2020) (rro)
June 17, 2020 Opinion or Order Filing 6 ORDER: Accordingly, Lorenzana shall have until August 5, 2020, to file a response. Absent further order, Lorenzana's motion will be considered fully submitted as of that date. The Clerk of Court is respectfully directed to (1) terminate the st ay imposed in this case, and (2) mail a copy of this Order and the Government's letter (ECF No. 224, attached) to Lorenzana. SO ORDERED. (Responses due by 8/5/2020.) (Signed by Judge John F. Keenan on 6/17/2020) (mml) Transmission to Docket Assistant Clerk for processing.
June 3, 2020 Opinion or Order Filing 5 ORDER: On February 2, 2018, 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 sha ll 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) (ks)
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Plaintiff: Victor Lorenzana
Represented By: Yuanchung Lee
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Defendant: United States of America
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