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 denied Antonetti’s sentence-challenge motions as moot after vacating his firearm charge’s sentence and resentencing him.
Jose Antonetti, whose sentence on the firearm charge was vacated and whose sentence on the remaining charges was changed to 105 months, and the United States, which agreed that the firearm conviction was invalid under Davis.
What happened
Antonetti v. United States concerns Jose Antonetti’s challenge to his federal sentence. He had pleaded guilty to conspiracy charges and to brandishing a firearm during a violent crime.
Antonetti later filed motions under a federal law allowing prisoners to challenge their sentences. The government agreed that the firearm charge was invalid under a Supreme Court decision, and the court arranged for resentencing.
Judge Kimba M. Wood vacated the sentence on the firearm charge and imposed a new 105-month sentence on the remaining charges, which the order described as time served. The judge then denied Antonetti’s motions as moot, terminated the related dockets, and sent the parties appeal instructions.
The detailed version
- Antonetti v. United States · No. 1:18-cv-07239
- Kimba Wood
- Nov. 10, 2020
Background
On October 29, 2003, Jose Antonetti pleaded guilty to three counts in the related criminal case, United States v. Antonetti, No. 02-CR-1232. Counts One and Three charged conspiracy to commit Hobbs Act robbery under 18 U.S.C. § 1951. Count Two charged brandishing a firearm during a crime of violence under 18 U.S.C. § 924(c), based on one of the Hobbs Act conspiracy charges.
On June 1, 2004, the court sentenced Antonetti to 77 months for the Hobbs Act conspiracy charges and 84 consecutive months for the firearm charge.
Later Proceedings
On June 4, 2018, Antonetti, representing himself, filed a motion under 28 U.S.C. § 2255, the federal procedure for challenging a sentence. Because of an error in that filing, he also filed two supplemental motions asserting substantially identical grounds.
In a later supplemental brief, Antonetti argued that his § 924(c) conviction could not stand under the Supreme Court’s decision in United States v. Davis. On August 3, 2020, the United States informed the court that it agreed the § 924(c) conviction was invalid under Davis.
The court then appointed counsel to advise Antonetti before and during resentencing, ordered an updated presentence investigation report and sentencing submissions, and set a resentencing hearing.
Ruling
On October 21, 2020, the court vacated Antonetti’s sentence on Count Two and imposed a new 105-month sentence on Counts One and Three. The order states that the new sentence was a sentence of time served. An amended judgment was entered on November 3, 2020.
Judge Kimba M. Wood concluded that Antonetti’s § 2255 motion and related supplemental motions were moot and denied them as moot. The court directed the clerk to terminate the motions on the criminal docket, terminate the civil docket, and send the parties appeal instructions.
Disposition
The order denied the § 2255 motion and related supplemental motions as moot. It did not describe a separate merits ruling on those motions beyond the resentencing relief already completed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.