Grebinger v. United States
- Cathy Seibel
- 7:19-cv-08600
- U.S. District Court · Southern District of New York
- 2
In Grebinger v. United States, Judge Seibel granted Grebinger’s motion under 28 U.S.C. § 2255 and vacated his firearm conviction.
Christopher Grebinger’s conviction on Count Two was vacated; he was resentenced on Count One, and the related civil case was closed.
What happened
In Grebinger v. United States, the court considered how the Supreme Court’s decision in United States v. Davis affected Christopher Grebinger’s firearm conviction.
The conviction was under a federal law covering using, carrying, or possessing a firearm during and in relation to a violent crime. The charged violent crime was a racketeering conspiracy.
Judge Seibel granted Grebinger’s motion under a federal post-conviction statute, vacated the conviction on Count Two, resentenced him on Count One, and directed that the related civil case be closed.
The detailed version
- Grebinger v. United States · No. 7:19-cv-08600
- Cathy Seibel
- Mar. 5, 2020
Background
Christopher Grebinger challenged his conviction on Count Two of the indictment. That count charged him 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 considered the effect of the Supreme Court’s decision in United States v. Davis, 139 S. Ct. 2319 (2019). The opinion states that the court received and reviewed the parties’ submissions and that the parties agreed vacating the § 924(c) conviction was appropriate.
Ruling
The court granted Grebinger’s motion to vacate the conviction under 28 U.S.C. § 2255, a federal procedure for challenging a federal conviction or sentence after judgment. The court vacated his conviction on Count Two, resentenced him on Count One, and entered an amended judgment.
The order resolved the motion filed in the criminal case and the motion filed in the related civil case. Judge Cathy Seibel directed the Clerk of Court to close civil case No. 19-CV-8600. The opinion does not provide further details about the amended sentence.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.