CTRONLCALLY □□□ UNITED STATES DISTRICT COURT pecih SOUTHERN DISTRICT OF NEW YORK Nosy wire: 1Bel 2o

RODOLFO CONCEPCION, Case No. 16-CV-4714(NSR) Petitioner, (Related Criminal Action: -against- Case No. 13-CR-911-02(NSR)) UNITED STATES OF AMERICA, OPINION & ORDER Respondent.

NELSON S. ROMAN, United States District Judge Petitioner Rodolfo Concepcion (‘Petitioner” or “Concepcion”) was sentenced to a one hundred (100) month term of incarceration following his guilty plea, pursuant to a plea agreement, to conspiracy to commit Hobbs Act Robbery in violation of Title

, and to brandishing a firearm during and in connection with the Hobbs Act Robbery conspiracy, in violation of Title

(c). Petitioner moves, pursuant to

(“Section 2255”), to vacate, set aside, or correct his sentence following the U.S. Supreme Court’s decision in United States v. Davis,

(U.S. June 24, 2019), which deemed

(c)(3)(B) vague and therefore unconstitutional. (ECF No. 1.) In response to the motion, the Government concedes that Petitioner’s conviction for violating

(c) has been invalidated and must be vacated. Accordingly, Petitioner’s Section 2255 motion is granted to the extent of setting the criminal matter, Case No. 13-CR-911(NSR), down for a hearing on October 2019, at 10:30 a.m., for the purpose of vacating Petitioner’s conviction for violating

(c) , and resentencing Petitioner on his conviction to conspiracy to commit Hobbs Act Robbery (the remaining count on his conviction), United States v. Davis,

at *13 citing Dean v. United States.

,

(2017).

In accordance with the foregoing, Petitioner’s motion is granted. The Clerk of the Court is respectfully directed to terminate the motion, to enter judgment in favor of Petitioner, to terminate the action and close this case. The Probation Department is respectfully directed to prepare and issue a supplemental presentence report in advance of the above scheduled hearing. Dated: July 30, 2019 SO ORDERED: White Plains, New York NELSON'S. ROMAN United States District Judge