Davis v. United States
- Vincent Briccetti
- 7:18-cv-01308
- U.S. District Court · Southern District of New York
- 2
In Davis v. United States, Judge Briccetti ordered final judgment and closed the sentence challenge after Davis was resentenced.
Mykai Davis, whose federal post-conviction case was closed after resentencing; the Clerk was directed to enter final judgment, update Davis’s address, and close the case.
What happened
In Davis v. United States, Mykai Davis had challenged his federal sentence without a lawyer. The court had previously ruled that his firearm conviction had to be vacated and that he had to be resentenced on the racketeering-conspiracy conviction.
Davis was resentenced, and an amended criminal judgment was entered. The July 20, 2020, order therefore directed the Clerk to enter final judgment in the related civil case and close it.
Judge Vincent L. Briccetti also ruled that Davis would not receive a certificate allowing an appeal and denied his request to proceed without paying court fees for an appeal.
The detailed version
- Davis v. United States · No. 7:18-cv-01308
- Vincent Briccetti
- July 20, 2020
Background
Mykai Davis, proceeding without a lawyer, filed a motion under 28 U.S.C. § 2255, which allows a federal prisoner to challenge a sentence, concerning convictions for racketeering conspiracy and using and possessing a firearm in furtherance of a crime of violence. In a July 30, 2019, Opinion and Order, the court granted in part and denied in part Davis’s motion. The court concluded that the firearm conviction had to be vacated in light of United States v. Davis and that Davis had to be resentenced on the racketeering-conspiracy count. The court denied the motion in all other respects and deferred entry of final judgment until resentencing occurred.
Action Taken in This Order
Davis was resentenced on July 10, 2020, and an amended judgment was entered in the criminal case on July 13, 2020. Because resentencing had occurred, the court ordered the Clerk to enter final judgment in the civil case according to the July 30, 2019, Opinion and Order and to close civil case number 18 CV 1308. The court also directed the Clerk to update Davis’s address on the civil docket.
Appeal-Related Rulings
Judge Vincent L. Briccetti ruled that a certificate of appealability would not issue because Davis had not made a substantial showing that a constitutional right had been denied. The court also certified that an appeal from this order would not be taken in good faith and denied Davis permission to appeal without paying the filing fees. Chambers was directed to mail Davis a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.