Smith v. United States of America
| Stephen Smith |
| United States of America |
| 1:2020cv08046 |
| September 29, 2020 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
|---|
| Mailed a copy of #4 Memorandum & Opinion to Stephen Smith, Reg. No. 92497-054 at Unit B-2, Moshannon Valley Correctional Institution, 555 GEO Drive, Philipsburg, PA 16866. (kh) |
Filing 4
AMENDED MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Petitioners Michael Santiago, Kenneth Smith, Stephen Smith, and Christopher White's petitions to vacate their convictions for violating 18 U.S.C. 924(c) are DENIED. The Court declines to issue a certificate of appealability as the petitioners have not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. 2253(c)(2). As explained supra, Petitioner White pled guilty to a Hobbs Act robbery, which constitutes the predicate offense for his 924(c) conviction. While Petitioners Santiago, Kenneth Smith, and Stephen Smith did not plead guilty to Hobbs Act robberies, their plea allocutions make it clear that there is an adequate factual basis to support the conclusion that each Petitioner committed a Hobbs Act robbery, which may then be relied upon as the predicate offense for their 924(c) convictions. Nothing in this Amended Opinion precludes the petitioners from requesting a certificate of appealability directly from the United States Court of Appeals for the Second Circuit. FED. R. APP. P. 22. The Clerk of Court is respectfully directed to terminate the pending motions in 16-CR-82, at docket entries 219, 224, 229, and 241. The Clerk is further directed to terminate all pending motions and deadlines in 19-CV-9086, 20-CV-8029, 20-CV-8046, and 20-CV-8141 and close the cases. The Clerk of Court is further requested to mail a copy of this decision to each of the four Petitioners and note the four mailings on the docket: Michael Santiago, Reg. No. 75259-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640; Kenneth Smith, Reg. No. 75260-054, FCI Edgefield, Federal Correctional Institution, P.O. Box. 725, Edgefield, SC 29824; Steven Smith, Reg. No. 92497-054, Unit B-2, Moshannon Valley Correctional Institution, 555 GEO Drive, Philipsburg, PA 16866; Christopher White, Reg. No. 77180-054, FCI Berlin, Federal Correctional Institution, P.O. Box 9000, Berlin, NH 03570. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/05/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 MEMORANDUM OF LAW in Support re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Stephen Smith..(gp) |
| Filing 2 DECLARATION of Stephen Smith in Support re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Stephen Smith..(gp) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255)filed in 1:16-cr-82 - 3 (VEC) on 9/06/2019. NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:16-cr-82 -3 (VEC)..(gp) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp) |
| Case Designated ECF. (gp) |
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| Respondent: United States of America | |
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| Petitioner: Stephen Smith | |
| Represented By: | John Anthony Diaz |
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