Opinion
No. 11-cr-487 (RJS)
09-29-2020
UNITED STATES OF AMERICA v. JOHN JOHNSON, Defendant.
ORDER
RICHARD J. SULLIVAN, Circuit Judge:
As indicated in the Court's prior order, the United States Court of Appeals for the Second Circuit granted Defendant John Johnson leave to file a second or successive petition for writ of habeas corpus under 28 U.S.C. § 2255(h). (Doc. No. 167.) After considering the factors set forth in Hodge v. Police Officers, 802 F.3d 58, 61-62 (2d Cir. 1986), the Court determined that the appointment of counsel for Johnson was warranted. (Id.) Since then, Jeffrey G. Pittell has filed a notice of appearance on behalf of Johnson. (Doc. No. 168.) The Court previously indicated that it would "set a date by which Johnson's counseled habeas submission shall be due" following Mr. Pittell's notice of appearance. (Doc. No. 167.) But, as made clear by Johnson's motion for leave to file a second or successive petition, his petition appears to turn on whether attempted Hobbs Act robbery qualifies as a crime of violence under United States v. Davis, 139 S. Ct. 2319 (2019) and United States v. Barrett, 937 F.3d 126 (2d Cir. 2019). That question was presented to the Second Circuit in United States v. McCoy, No. 17-3515(L), which was argued on October 23, 2019. Accordingly, Johnson should file his counseled submission, if he determines that such a submission is still necessary, within thirty days after the Second Circuit's McCoy decision is issued. SO ORDERED. Dated: September 29, 2020
New York, New York
/s/_________
RICHARD J. SULLIVAN
UNITED STATES CIRCUIT JUDGE
Sitting by Designation