Crowder v. United States of America

Crowder v. United States of America

Plaintiff:	Andra Lamont Crowder
Defendant:	United States of America
Case Number:	1:2016cv04403
Filed:	June 10, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Westchester
Presiding Judge:	Colleen McMahon
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
August 9, 2023	Filing 21 DECISION ON PETITIONER'S MOTION FILED PURSUANT TO 28 U.S.C. § 2255: The Second Circuit Court of Appeals has remanded this case to the district court for it todetermine whether to vacate Crowder's § 924(c) conviction. For the reaso ns stated herein, Crowder's § 924(c) is vacated; an amended judgment will be entered forthwith. Accordingly, the Court finds that Taylor applies retroactively on collateral review. Crowder 's § 924(c) Conviction on Count Three is Vacated Since the only predicate of Crowder' s § 924(c) conviction no longer qualifies as crimes of violence, his conviction and sentence on Count Three are vacated. Having now vacated Crowder' s § 924(c) conviction, the Court may in its discretion, conduct a de nova resentencing or enter an amended judgment. An amended judgment will be entered reflecting a sentence of time served, to be followed by a three-year term of supervised release, $26,840 in restitution, and a $100 mandatory special assessment for Crowder's conviction on Count Two. and as set forth herein. This constitutes the decision and order of the Court. (Signed by Judge Colleen McMahon on 8/09/2023) (ama)
November 20, 2019	Filing 12 DECISION AND ORDER DENYING MOTION FILED PURSUANT 28 U.S.C. § 2255: In sum, Crowder's motion fails because attempted Hobbs Act robbery is a "crime of violence" within the meaning of § 924(c)(3)(A), and therefore, brandishing a weapon during an attempted Hobbs Act robbery is a violation of § 924(c)(1)(A)(ii). Petitioner's motion to vacate his conviction is denied. Since the issue presented in the instant petition involves an unsettled area of law and one the Second Circuit has yet to address, the Court authorizes the issuance of a certificate of appealability. This constitutes the decision and order of the Court. (Signed by Judge Colleen McMahon on 11/19/2019) (mml)

Date Filed

Document Text

August 9, 2023

Filing 21 DECISION ON PETITIONER'S MOTION FILED PURSUANT TO 28 U.S.C. § 2255: The Second Circuit Court of Appeals has remanded this case to the district court for it todetermine whether to vacate Crowder's § 924(c) conviction. For the reaso ns stated herein, Crowder's § 924(c) is vacated; an amended judgment will be entered forthwith. Accordingly, the Court finds that Taylor applies retroactively on collateral review. Crowder 's § 924(c) Conviction on Count Three is Vacated Since the only predicate of Crowder' s § 924(c) conviction no longer qualifies as crimes of violence, his conviction and sentence on Count Three are vacated. Having now vacated Crowder' s § 924(c) conviction, the Court may in its discretion, conduct a de nova resentencing or enter an amended judgment. An amended judgment will be entered reflecting a sentence of time served, to be followed by a three-year term of supervised release, $26,840 in restitution, and a $100 mandatory special assessment for Crowder's conviction on Count Two. and as set forth herein. This constitutes the decision and order of the Court. (Signed by Judge Colleen McMahon on 8/09/2023) (ama)

November 20, 2019

Filing 12 DECISION AND ORDER DENYING MOTION FILED PURSUANT 28 U.S.C. § 2255: In sum, Crowder's motion fails because attempted Hobbs Act robbery is a "crime of violence" within the meaning of § 924(c)(3)(A), and therefore, brandishing a weapon during an attempted Hobbs Act robbery is a violation of § 924(c)(1)(A)(ii). Petitioner's motion to vacate his conviction is denied. Since the issue presented in the instant petition involves an unsettled area of law and one the Second Circuit has yet to address, the Court authorizes the issuance of a certificate of appealability. This constitutes the decision and order of the Court. (Signed by Judge Colleen McMahon on 11/19/2019) (mml)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Crowder v. United States of America
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: United States of America
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Andra Lamont Crowder
Represented By:	Matthew B. Larsen
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?