Opinion
21 CV 3146 (CM) 10 CR 391-01 (CM)
05-10-2021
ANTHONY BOYKIN, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER APOINTING COUNSEL AND SCHEDULING DEADLINE FOR SUPPLEMENTAL FILINGS ON PETITIONER'S MOTION PURSUANT TO 28 U.S.C. § 2255 :
Movant Anthony Boykin was convicted of racketeering and conspiracy to commit racketeering, 18 U.S.C. §§ 1961(d), 1962(d); murder and conspiracy to commit murder in aid of racketeering, 18 U.S.C. §§ 1959(a)(1), (5); assault and attempted murder in aid of racketeering, 18 U.S.C. §§ 1959(a)(3), (5); conspiracy to distribute and possession with intent to distribute crack cocaine, 21 U.S.C. § 846; and possession of a firearm in furtherance of a drug trafficking offense and a crime of violence, 18 U.S.C. § 924(c)(1)(A)(ii). The Court sentenced Boykin to life plus thirty-two years in prison. See United States v. Boykin, No. 10-CR-0391-01 (CM) (S.D.N.Y. Mar. 20, 2014), aff'd 660 F. App'x 35 (2d Cir. 2016) (summary order).
Boykin filed a motion under 28 U.S.C. § 2255, which the Court denied on September 21, 2018. See Boykin v. United States, No. 18-CV-00736 (CM) (S.D.N.Y. Sept. 21, 2018), appeal dismissed, 18-3314 (2d Cir. July 22, 2019).
On April 5, 2021, the Second Circuit granted Boykin leave to file a successive 28 U.S.C. § 2255 motion, "primarily based on" United States v. Davis, 139 S. Ct. 2319 (2019), and transferred the matter here for further proceedings. See Boykin v. United States, No. 20-13 (2d Cir. Apr. 5, 2021) (noting Boykin's argument that "one of his 18 U.S.C. §924(c) convictions is no longer supported by a valid predicate after Davis." (ECF 1:21-CV-03146, 1)).
The Court is appointing attorney, Sarah E. Aberg, from the CJA panel, to represent Boykin in connection with his § 2255 motion. Counsel should review Boykin's filings and report back to the Court within 30 days on how counsel wishes to proceed. If counsel decides she will be supplementing Boykin's pro se motion, counsel's papers must be filed within 60 days; the Government will have 30 days thereafter to file a response.
This constitutes the order of the Court. Dated: May 10, 2021
Nothing in this order shall be construed as a ruling by the Court on the merits, timeliness or otherwise procedural correctness of petitioner's filings. --------
/s/_________
Colleen McMahon
District Court Judge