Antonetti v. United States
- Kimba Wood
- 1:18-cv-07239
- U.S. District Court · Southern District of New York
- 2
In Antonetti v. United States, Judge Wood scheduled resentencing after the Government agreed Antonetti’s firearm conviction was invalid under Davis.
Jose Antonetti, whose § 924(c) conviction was to be vacated with the Government’s consent and who was to be resentenced on the remaining counts; appointed counsel, the Government, and the Probation Office were also assigned roles in the resentencing process.
What happened
In Antonetti v. United States, Jose Antonetti, who was representing himself, challenged his conviction under a federal law allowing prisoners to seek relief from an unlawful sentence. He had pleaded guilty to two Hobbs Act robbery-conspiracy counts and one firearm-brandishing count.
Antonetti argued that the firearm conviction could not stand under the Supreme Court’s decision in United States v. Davis. The Government agreed that the conviction was invalid.
Judge Kimba M. Wood appointed David A. Ruhnke to advise Antonetti for resentencing and scheduled a hearing. The Government was to consent to vacating the firearm conviction, and the court was to resentence Antonetti on the remaining convictions.
The detailed version
- Antonetti v. United States · No. 1:18-cv-07239
- Kimba Wood
- Aug. 10, 2020
Background
On October 29, 2003, Jose Antonetti pleaded guilty to two counts of conspiracy to commit Hobbs Act robbery, violating 18 U.S.C. § 1951, and one count of brandishing a firearm during a crime of violence, violating 18 U.S.C. § 924(c). The firearm count was based on one of the Hobbs Act conspiracy charges. The court sentenced him to 77 months for the robbery conspiracies and 84 consecutive months for the firearm count.
Antonetti, proceeding without a lawyer, filed a petition under 28 U.S.C. § 2255, a procedure allowing a federal prisoner to challenge a conviction or sentence. In a supplemental filing, he argued that the § 924(c) conviction was invalid under the Supreme Court’s decision in United States v. Davis, 139 S. Ct. 2319 (2019). On August 3, 2020, the Government informed the court that it agreed with Antonetti.
Court’s Action
The court appointed David A. Ruhnke as counsel to advise Antonetti before and during resentencing. It scheduled a hearing for October 20, 2020, at which the Government would consent to vacating the § 924(c) conviction and the court would resentence Antonetti on the remaining counts. The court also ordered a supplemental presentence investigation report by October 6, 2020, set deadlines for Antonetti’s sentencing submissions and any Government response, and addressed scheduling of the presentence interview.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.