Silverio v. United States
- Paul Gardephe
- 1:16-cv-04857
- U.S. District Court · Southern District of New York
- 2
In Silverio v. United States, Judge Gardephe vacated Silverio’s firearm conviction after the Supreme Court invalidated the definition used.
Ciriaco Silverio, whose conviction under 18 U.S.C. § 924(c) was vacated; the case was then closed.
What happened
Silverio v. United States concerned Ciriaco Silverio’s request to set aside his conviction for using or carrying a firearm in connection with a violent crime.
The Supreme Court later ruled that part of the law defining a “crime of violence” was unconstitutionally vague. The court had granted Silverio’s request for resentencing, but after learning that he had been released and deported, it entered an amended judgment vacating the firearm conviction instead.
Judge Paul G. Gardephe directed the clerk to close the case after the amended judgment was issued.
The detailed version
- Silverio v. United States · No. 1:16-cv-04857
- Paul Gardephe
- Apr. 3, 2020
Background
Ciriaco Silverio filed a petition asking the court to vacate his conviction under 18 U.S.C. § 924(c) for using or carrying a firearm in relation to a “crime of violence.” The court stayed the case while the Supreme Court considered United States v. Davis.
On June 24, 2019, the Supreme Court held that 18 U.S.C. § 924(c)(3)(B), which defined “crime of violence,” was unconstitutionally vague. On November 25, 2019, this court granted Silverio’s request for resentencing and set a hearing date.
Ruling
The parties later informed the court that Silverio had been released from Bureau of Prisons custody on July 21, 2017, and deported on August 17, 2017. They asked the court to postpone resentencing indefinitely and enter an amended judgment vacating the § 924(c) conviction. The court did so on February 22, 2020.
Disposition
Judge Paul G. Gardephe directed the clerk to close the case. The opinion does not state that the court separately granted or denied the original petition beyond the amended judgment vacating the conviction.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.