UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA, S5 11-CR-1032-74 (PAE) -V- 16-CV-5082 (PAE) ANDY CIPRIAN, 2255 ORDER Defendant.

PAUL A. ENGELMAYER, District Judge: Defendant Andy Ciprian has moved for relief under

, arguing that the offense to which he pled guilty (Count 52 in S5 11-CR-1032 (PAE)) does not state a viable criminal offense in light of United States v. Davis,

(2019). Pursuant to a plea agreement with the Government, the Court today vacated Mr. Ciprian’s conviction on Count 52, dismissed that count, accepted a guilty plea from Mr. Ciprian to Count Fifty-One of the same superseding indictment, and sentenced Mr. Ciprian based on his commission of the offense described in Count Fifty-One. Accordingly, Mr. Ciprian’s motion for relief pursuant to § 2255 is moot, and the Court denies that motion as moot. The Clerk of Court is respectfully directed to terminate the motions pending at Dkt. No. 1 in 16-CV-5082 (PAE) and Dkt. No. 2002 in 11-CR- 1032 (PAE) and to close case 16-CV-5082 (PAE).

SO ORDERED. fon A. lanl A. Caploaty United States District Judge Dated: January 31, 2020 New York, New York