Gunn v. United States
- Alvin Hellerstein
- 1:16-cv-04887
- U.S. District Court · Southern District of New York
- 1
In Gunn v. United States, Judge Hellerstein ordered briefing on Gunn’s pending request for habeas relief but did not decide it.
Roderick Gunn, the government, and the Federal Defenders involved in Gunn’s habeas proceedings.
What happened
In United States v. Roderick Gunn, Roderick Gunn has a pending motion seeking habeas relief from his convictions on charges involving a firearm and aiding and abetting murder.
The court ordered the government to respond about whether Gunn met procedural requirements and how two Supreme Court decisions, Davis and Taylor, affect his sentences. Gunn may file a supplement, and the Federal Defenders must state whether they still represent him in these proceedings.
Judge Alvin Hellerstein did not grant or deny Gunn’s motion. He ordered the filings by July 22, 2022, directed the representation filing by July 8, 2022, and ordered the Clerk to mail Gunn a copy of the order.
The detailed version
- Gunn v. United States · No. 1:16-cv-04887
- Alvin Hellerstein
- June 30, 2022
Background
On April 29, 2021, Roderick Gunn filed a motion titled “Motion to Place Case on Docket for Review.” The motion remained pending when the court issued this order. According to the order, Gunn seeks habeas relief from his convictions on Count Six, using and carrying a firearm in relation to a crime of violence under 18 U.S.C. § 924(c), and Count Seven, aiding and abetting murder under 18 U.S.C. § 924(j).
What the Court Ordered
The court directed the government to file a response by July 22, 2022. The response must address whether Gunn satisfied applicable procedural requirements and the effect of United States v. Davis, 139 S. Ct. 2319 (2019), and United States v. Taylor, 142 S. Ct. 2015 (2022), on Gunn’s sentences. Gunn may file a supplement to his motion by the same date.
The court also directed the Federal Defenders to file, by July 8, 2022, a statement about whether they still represent Gunn in connection with his habeas proceedings. The Clerk was ordered to mail Gunn a copy of the order.
Disposition
This order does not decide Gunn’s pending motion. The court ordered further briefing and a representation filing; it did not grant or deny habeas relief. The order was signed by Judge Alvin K. Hellerstein.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.