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 partly granted Mykai Davis’s sentence challenge, vacated his firearms conviction, and ordered resentencing while leaving his racketeering conviction intact.
Mykai Davis, whose firearms conviction and sentence were vacated, while his racketeering-conspiracy conviction remained in place.
What happened
Davis v. United States concerned Mykai Davis’s motion under federal law to vacate, set aside, or correct his sentence. The motion challenged his conviction and sentence, including his guilty plea and sentencing proceedings.
The court denied Davis’s claims of ineffective assistance of counsel and defects in his guilty plea and sentencing. His conviction for conspiring to participate in a racketeering enterprise remained in place, but his firearms conviction had to be vacated under the Supreme Court’s decision in United States v. Davis.
Judge Vincent Briccetti’s judgment therefore granted the motion in part and denied it in part, vacated Davis’s sentence, and required resentencing on the racketeering-conspiracy count. After resentencing and entry of an amended criminal judgment, the civil case was closed; the court also denied a certificate of appealability and denied permission to appeal without paying court fees.
The detailed version
- Davis v. United States · No. 7:18-cv-01308
- Vincent Briccetti
- July 21, 2020
Background
Mykai Davis filed a motion under 28 U.S.C. § 2255, a federal procedure allowing a person in federal custody to challenge a conviction or sentence. The judgment refers to the Court’s Opinion and Order dated July 30, 2019, and Order dated July 20, 2020.
Davis’s criminal case included two relevant convictions: Count One, for conspiring to participate in the affairs of a racketeering enterprise, and Count Two, a firearms conviction under 18 U.S.C. § 924(c). The judgment also addressed Davis’s claims that he received ineffective assistance of counsel and that there were defects in his guilty plea and sentencing proceedings.
Court’s Rulings
The court denied the motion to the extent it was based on ineffective assistance of counsel or alleged defects in the guilty plea and sentencing proceedings. The court stated that Davis’s racketeering-conspiracy conviction must stand.
The court vacated Davis’s firearms conviction under § 924(c), relying on the Supreme Court’s decision in United States v. Davis, 139 S. Ct. 2319 (2019). Because that conviction was vacated, the court also vacated Davis’s sentence and ordered resentencing on the racketeering-conspiracy count. The judgment states that the § 2255 motion was denied in all other respects.
Later Proceedings and Disposition
Davis was resentenced in the criminal case on July 10, 2020. An amended criminal judgment dated July 10, 2020, was entered on July 13, 2020. The court then entered final judgment in the civil case and closed it.
The court determined that Davis had not made the required substantial showing that a constitutional right had been denied, so it declined to issue a certificate of appealability. It also certified that an appeal would not be taken in good faith and denied permission to appeal without paying court fees. Judge Vincent Briccetti is the judge identified in the supplied case information.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.