Chen Xiang v. United States

Full title: CHEN XIANG, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

Court: United States District Court, S.D. New York

Date published: Jul 13, 2022

16-CV-4900 (LAP) (S.D.N.Y. Jul. 13, 2022)

Opinion

16-CV-4900 (LAP) 02-cr-271 (LAP)

07-13-2022

CHEN XIANG, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

LORETTA A. PRESKA, Senior United States District Judge:

ORDER

LORETTA A. PRESKA, Senior United States District Judge:

On November 10, 2021, the Court granted Chen Xiang's motion to hold his § 2255 proceeding in abeyance pending resolution of his motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) (dkt. no. 207 in [02-cr-271]). (See dkt. no. 9 in [16-CV-4900].) On July 7, 2022, the Court granted Mr. Chen's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), reducing his sentence to time served plus three months. (See dkt. no. 220 in [02-cr-271].) Accordingly, Mr. Chen's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 motion (dkt. no. 1 in [16-cv-4900]; dkt. no. 159 in [02-cr-271]) is moot.

The Clerk of the Court is directed to close the open motions (dkt. no. 1 in [16-cv-4900]; dkt. no. 159 in [02-cr-271]) and close case number 16-cv-4900.

SO ORDERED.