by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Aug 7 – The case involving Devon Archer, Inner City Press has been covering for years.
Now it's in the news, with Archer testifying to Congress and speaking afterward. Inner City Press continues to follow the US v. Galanis et al case in SDNY, and late on August 2, 2023 this was filed, now on Patreon here:
Dear Judge Abrams: We represent Devon Archer and write in opposition to the Government’s request to set a surrender date while Mr. Archer continues his appeal to the United States Supreme Court..."
On August 7, Judge Abrams ruled: "ORDER as to Devon Archer: No later than August 11, 2023, the Government shall file a response to Defendant Archer's letter filed August 2, 2023. The Government's response should address: (1) why Mr. Archer should not remain on bail pending the Supreme Court's decision on his anticipated petition for certiorari pursuant to 18 U.S.C. § 3143(b); and (2) whether it would consent to the Court granting habeas relief and immediately proceeding to resentencing given the agreement of the parties that there was a two-point Sentencing Guidelines calculation error which was not raised by either party at sentencing, see Gov't Post-Argument Br., United States v. Galanis, No. 22-539 (2d Cir.), Dkt. 70, at 1. Defendant Archer shall then file a letter no later than August 14, 2023, indicating: (1) whether he agrees to the Court's recharacterization of his motion as a petition for habeas relief under 28 U.S.C. § 2255, see Adams v. United States, 155 F.3d 582, 584 (2d Cir. 1998); and (2) whether he would consent to the Court granting habeas relief and immediately proceeding to resentencing given the Sentencing Guidelines calculation error. (Responses due by 8/11/2023. Replies due by 8/14/2023) (Signed by Judge Ronnie Abrams on 8/7/2023)" Order on Patreon here
The overall case is US v. Galanis, et al., 16-cr-37 (Abrams)
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