United States v. Santiago

GEORGE B. DANIELS, United States District Judge

:

Upon agreement of the parties, Defendant Luis Santiago's 28 U.S.C. § 2255 motion to vacate his conviction under 18 U.S.C. § 924(c)(1)(A)(ii) was stayed pending the disposition of the petition for certiorari in United States v. Hill, 890 F.3d 51 (2d Cir. 2018) or the issuance of the Second Circuit mandate in United States v. Barrett, 903 F.3d 166 (2d Cir. 2018). (ECF No. 109.) The case was placed on the Court's suspense docket on December 12, 2018. (Id.) On January 7, 2019 the Supreme Court of the United States denied the petition for certiorari in United States v. Hill, 890 F.3d 51 (2d Cir. 2018). Similarly, on June 28, 2019 the Supreme Court vacated United States v. Barrett, 903 F.3d 166 (2d Cir. 2018). See Barrett v. United States, 139 S. Ct. 2774 (2019).

Petitioner having not pursued this motion since December 2018, this § 2255 motion is DENIED, and this case is ordered closed. Dated: New York, New York

April 1, 2021

SO ORDERED.

/s/_________

GEORGE B. DANIELS

United States District Judge