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U.S. v. Bryant

'Balde' Forecloses Habeas Relief Claim Grounded on 'Rehaif v. U.S.'

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MEMORANDUM & ORDER   On June 23, 2016, Jamel Bryant filed a motion pursuant to 28 U.S.C. §2255 to vacate his sentence due to the Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551 (2015). The motion was stayed for several years pending proceedings in the Supreme Court and the Court of Appeals for the Second Circuit involving the ultimate reach of Johnson. In a supplemental submission dated November 4, 2019, Bryant moves to amend his §2255 motion to include a new claim, based on Rehaif v. United States, 139 S. Ct. 2191 (2019), that challenges the Court’s jurisdiction over his criminal prosecution. For the reasons to be discussed, while the motion to amend is granted on the government’s consent, the application for habeas relief is denied as to both the Johnson and Rehaif claims. BACKGROUND Following a gang-related shooting in Far Rockaway, Queens on October 7, 2011, defendant Jamel Bryant and several fellow gang members were arrested in flight from the scene and in possession of five firearms. Presentence Report (“PSR”) at

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