Grebinger v. United States

District Court, S.D. New York

Grebinger v. United States

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ence en nen nenennenen United States of America, ORDER -against- 7:14-CR-476-9 (CS) 7:19-CV-8600 (CS) Christopher Grebinger, Defendant. ence ence neem nn mene ener ne nee ene KX Seibel, J. The Court has received and reviewed the parties’ submissions regarding the effect of the Supreme Court’s decision in United States v. Davis,

139 S. Ct. 2319

(2019), on Defendant Christopher Grebinger’s conviction on Count Two of Indictment $1 14-CR-476, which charged Mr. Grebinger under

18 U.S.C. § 924

(c)(1)(A)(i) with using, carrying and possessing firearms during and in relation to a crime of violence -- specifically, the racketeering conspiracy charged in Count One. The Court agrees with the parties that vacatur of Defendant’s § 924(c} conviction is appropriate, and therefore grants Defendant’s motion to vacate that conviction pursuant to

28 U.S.C. § 2255

(Doc. 398 in No. 14-CR-476 and Doc. 1 in No. 19-CV-8600). Defendant’s conviction on Count Two of Indictment $1 14-CR-476 is hereby vacated. The Court has re- sentenced Mr, Grebinger on Count One and entered an Amended Judgment. This Order resolves Doc, 398 in No. 14-CR-476 and Doc. 1 in No. 19-CV-8600. The Clerk of Court is respectfully directed to close case No. 19-CV-8600.

SO ORDERED. Dated: 7% ( u| 6 White Plains, New York

Cathy Seibel, U.S.D.J.

Reference

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