Opinion
No. 11-cr-487-1 (RJS)
06-11-2020
UNITED STATES OF AMERICA v. GREGORY REED, Defendant.
ORDER
RICHARD J. SULLIVAN, Circuit Judge:
On May 21, 2020, the Court received the attached letter, dated May 17, 2020, from Defendant Gregory Reed, inquiring into the status of his pending motion for relief under 28 U.S.C. § 2255 (Doc. No. 154). As made clear by the parties' arguments, Reed's motion turns 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). (Doc. No. 156 at 4-8; Doc. No. 159.) That question was presented to the U.S. Court of Appeals for the Second Circuit in United States v. McCoy, No. 17-3515(L), which was argued on October 23, 2019. Accordingly, the Court will promptly rule on Reed's motion after the Second Circuit's McCoy decision is issued. SO ORDERED. Dated: June 11, 2020
New York, New York
/s/_________
RICHARD J. SULLIVAN
UNITED STATES CIRCUIT JUDGE
Sitting by Designation
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