German v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wen KX JOEL REYES GERMAN, : Petitioner, : 22 Civ. 7409 (LGS) : 6 Crim. 484-3 (LGS) -against- : : ORDER UNITED STATES OF AMERICA, : Respondent. : wenn eee KX LORNA G. SCHOFIELD, District Judge: WHEREAS, Petitioner Joel Reyes German brings this habeas petition to vacate his 18 U.S.C. § 924(c) gun conviction based on an attempted Hobbs Act robbery, which is no longer a valid § 924(c) predicate after the Supreme Court’s recent decisions in United States v. Davis, 588 U.S. 445 (2019), and United States v. Taylor, 596 U.S. 845 (2022). It is hereby ORDERED that by April 30, 2025, the parties each shall submit a letter addressing the impact on the Petition of the appeal waiver in the parties’ plea agreement, including a discussion of Cook v. United States, 84 F.4th 118 (2d Cir. 2023).

Dated: April 21, 2025 New York, New York LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE