Urena v. United States
- Paul Engelmayer
- 1:18-cv-09995-PAE
- U.S. District Court · Southern District of New York
- 2
In Urena v. United States, Judge Engelmayer stayed further briefing on Carlos Urena’s sentence-challenge motion pending the Second Circuit’s en banc decision.
Carlos Urena, whose § 2255 motion’s briefing was paused, and the United States, whose opposition remained pending.
What happened
In Urena v. United States, Carlos Urena asked for more time to respond to the government’s opposition to his motion under 28 U.S.C. § 2255, saying he had not received a copy.
Both sides relied on a Second Circuit decision holding that New York first-degree manslaughter is not a crime of violence because it can be committed without using force. The court understood that the government had asked the Second Circuit to reconsider that decision as a full court.
Judge Paul A. Engelmayer stayed all further briefing until the Second Circuit decides that request. He also directed the clerk to mail Urena a copy of the order and the government’s opposition.
The detailed version
- Urena v. United States · No. 1:18-cv-09995-PAE
- Paul Engelmayer
- Nov. 6, 2020
Background
Carlos Urena is the petitioner in a motion under 28 U.S.C. § 2255, a procedure allowing a federal prisoner to challenge the legality of the sentence or custody. The court received a letter from Urena acknowledging receipt of the government’s opposition but stating that he had not yet received a copy of that opposition. He requested additional time to reply.
Issue and Relevant Authority
Urena and the government both relied on the Second Circuit’s decision in a cited case, which held that New York first-degree manslaughter is not a predicate crime of violence because it can be committed by complete inaction and therefore without the use of force. The court understood that the government had moved for reconsideration of that decision by the full Second Circuit, known as en banc reconsideration.
Ruling
Judge Paul A. Engelmayer ordered that all further briefing on Urena’s § 2255 motion be stayed pending the Second Circuit’s en banc decision. The order did not decide the merits of Urena’s motion. The clerk was also directed to mail Urena a copy of the order and the government’s opposition. The opinion states that Urena was housed at the United States Penitentiary Allenwood in Pennsylvania.
Disposition
The court stayed further briefing pending the Second Circuit’s en banc decision.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.