Wiltshire v. United States
- Vincent Briccetti
- 7:20-cv-00630
- U.S. District Court · Southern District of New York
- 1
In United States v. Wiltshire, Judge Briccetti scheduled resentencing and said Kevin Wiltshire’s Count Two conviction will be vacated after the government’s Davis-based consent.
Kevin Wiltshire’s Count Two conviction and sentences on all counts; he was scheduled to be resentenced on Counts One and Four only. The government and Probation Department also received related submission and report-preparation directives.
What happened
In United States v. Wiltshire, the government said it would not oppose Kevin Wiltshire’s request to vacate his Count Two conviction under 28 U.S.C. § 2255, citing the Supreme Court’s decision in United States v. Davis.
The court scheduled an in-person resentencing hearing for September 1, 2021. At that hearing, the court said it would vacate the Count Two conviction and the sentences on all counts, then resentence Wiltshire on Counts One and Four only.
The court also ordered the Probation Department to prepare a supplemental presentence report and set deadlines for the parties’ sentencing submissions. Judge Vincent L. Briccetti signed the order.
The detailed version
- Wiltshire v. United States · No. 7:20-cv-00630
- Vincent Briccetti
- June 8, 2021
Background
The government informed the court by letter that, in light of the Supreme Court’s decision in United States v. Davis, it would not oppose Kevin Wiltshire’s pending motion under 28 U.S.C. § 2255 to vacate his conviction on Count Two. Count Two charged a violation of 18 U.S.C. § 924(c). The government also agreed to the vacatur of that conviction at the time of resentencing on Counts One and Four.
Court’s action
The court scheduled an in-person resentencing hearing for September 1, 2021, at 11:00 a.m. at the courthouse in White Plains. The order states that at resentencing the Count Two conviction will be vacated, the sentence on all counts will be vacated, and Wiltshire will be resentenced on Counts One and Four only.
The court directed the Probation Department to prepare a supplemental presentence investigation report as promptly as possible. Wiltshire’s sentencing submission was due August 18, 2021, and the government’s submission was due August 25, 2021.
Disposition and scope
The order does not expressly state that the court granted Wiltshire’s § 2255 motion. Instead, it schedules resentencing and states that the Count Two conviction and all existing sentences will be vacated at that hearing. The opinion does not provide further details about the underlying convictions or the parties’ sentencing positions.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.