Pe I AR Ff bis jacyes Sy ny Baraca ages □□□ 1 4 44 Raa stb SHiSTy hoa Be Gt ea □ i e i DOCUMENT cB TERE □□ □□ UNITED STATES DISTRICT COURT fi lp perp my A are ore □□ □□ □ SOUTHERN DISTRICT OF NEW YORK Pea ANA MARRS A □□□ □□□ Bi on nee □□□ □ eee Uparerices S/01Z0¢D i EE es seen aners nnenacerermameaseict Movant, □ dseabe oe rr opeegmiee df erctogvann □□□□□□□□ □□□ □ seeaner - REECE OU ees pad □□□□ □□□□ -against- 19-cv-9774 (LAK) (15-cr-0525 (LAK)) UNITED STATES OF AMERICA, Respondent. ee □□ ee eee □□ ee ee ee ee ee eH HH HK

ORDER

LEWIS A. KAPLAN, District Judge. On July 26, 2016, movant pled guiity to conspiracy to commit robbery in violation of

(a) and to possessing and brandishing a firearm in connection with a narcotics conspiracy in violation of

(c)(1)(A)Gi. Movant was sentenced on February 8, 2017 to a term of imprisonment of 63 months on the robbery conspiracy count and the mandatory minimum sentence of 84 months on the firearm count, the terms to run consecutively. The Second Circuit affirmed his conviction and sentence, [15-cr-0525 DI 76]. On September 9, 2019, movant moved, pursuant to

, to vacate his firearm conviction in light of United States v. Davis, 139 8, Ct. 2319 (2019), [19-cv-9774 DI 1]. Movant moved also to stay the Court’s judgment pending Shular v. United States [19-cv-9774 DI 10], which the Supreme Court decided on February 26, 2020. No. 18-6662,

(U.S. Feb. 26, 2020). Davis and Shular have no bearing on movant’s conviction, Movant’s possession and brandishing ofa firearm was related to a narcotics conspiracy. Davis invalidated 18 U.S.C.§ 924(c) convictions predicated on offenses deemed “crimes of violence” under § 924(c)(3}{B), but left untouched convictions, such as the one at issue here, predicated on drug trafficking crimes. Shufar involved§ 924(e)\(2)(A)(ii)’s definition of a “serious drug offense,” a provision that is irrelevant to movant’s conviction. The movant’s motion [19-cv-9774 DI 1] pursuant to 28 U.S.C.§ 2255 is denied. A certificate of appealability is denied, and the Court certifies that any appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. § 191£5(a)(3).

SO ORDERED. Dated: March 10, 2020 Lewis Af Kaplan United States District Jidge