Ayala v. United States
- Kenneth Karas
- 7:19-cv-08877
- U.S. District Court · Southern District of New York
- 2
In Ayala v. United States, Judge Karas closed the case after granting Ayala’s sentence challenge and resentencing him because his firearm conviction could not stand under Davis.
Alex Ayala, whose sentence was resentenced; the United States as respondent; and the court clerk, who was directed to close the case.
What happened
Ayala v. United States concerned Alex Ayala’s challenge to his 96-month federal sentence after he pleaded guilty to conspiracy to commit Hobbs Act robbery and possessing a firearm in furtherance of a crime of violence.
Ayala argued that his firearm conviction could not stand under the Supreme Court’s decision in United States v. Davis. The government agreed, and the court resentenced him on June 30, 2021.
Judge Kenneth M. Karas stated that the petition had already been granted and directed the clerk to close the case on April 5, 2022.
The detailed version
- Ayala v. United States · No. 7:19-cv-08877
- Kenneth Karas
- Apr. 5, 2022
Background
Alex Ayala filed a petition under 28 U.S.C. § 2255 asking the court to vacate, set aside, or correct his April 13, 2018 sentence of 96 months in prison. He had pleaded guilty to conspiracy to commit Hobbs Act robbery, in violation of 18 U.S.C. § 1951, and possession of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii).
Court’s Analysis and Ruling
Ayala argued that his conviction under § 924(c) could not stand after the Supreme Court’s decision in United States v. Davis. The United States agreed with that argument. The court therefore resentenced Ayala on June 30, 2021. The order states that the petition had already been granted.
Disposition
The court directed the clerk to close Case No. 19-CV-8877. The opinion does not state the terms of Ayala’s amended sentence.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.