DECISION & ORDER On or about August 24, 2020, James Smith (“Smith” or “Petitioner”) filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. §2255. Smith had been sentenced on July 27, 2016 for conspiracy to commit Hobbs Act robbery, conspiracy to distribute cocaine in violation of 21 U.S.C. §841, and discharging a firearm in furtherance of the two conspiracies and is currently serving his 34-year sentence at FCI Otisville. On or about January 29, 2021, September 2, 2022 and December 8, 2022, Smith filed several “supplements” to his §2255 petition (collectively referred to as “§2255 Petition”). Smith alleges, among other things, (1) that the Hobbs Act robbery conspiracy conviction is improper because “there could never be a ‘deprivation of property right’ in a case where the government alleges the object of the robbery was a controlled substance,” (§2255 Petition, dated Aug. 24, 2020, at 10); (2) that “the federal government does not have a general police power” and therefore “has no jurisdiction” over robbery, which is a “State crime[]” (§2255 Petition, dated Aug. 24, 2020, at 3); (3) that his counsel, Avraham C. Moskowitz, a member of the CJA panel, provided ineffective assistance by failing to challenge the robbery conspiracy conviction on the ground that “ Smith['s] robbery plan failed,” (§2255 Petition, dated Sept. 2, 2022, at 3); and (4) that his sentence under 18 U.S.C. §924(c) is unconstitutional in light of United States v. Davis, 139 S. Ct. 2319 (2019). (See §2255 Petition, dated Aug. 24, 2020, at 5 (“Movant is entitled to relief…because his claim under Davis is cognizable.”).)1 On or about May 10, 2022, Smith separately filed a pro se motion for compassionate release under 18 U.S.C. §3582 (referred to as “§3582 Motion”). Smith, who is a 48-year-old male, contends that he (1) suffers from a “combination of medical and mental health conditions” which constitute “extraordinary and compelling reasons” for his early release, and (2) does not pose a risk to another person or to the community, as he is “demonstrating significant strides toward rehabilitation and his reluctance to recidivate.” (Id. at 4, 8.) For the reasons stated below, the §2255 Petition and the §3582 Motion are respectfully denied.2 I. Background Between 2010 and 2011, Smith was a member of an armed “crew” that robbed large-scale drug dealers and sold the stolen drugs in the Bronx and upper Manhattan. (Presentence Investigation Report, dated March 7, 2016 (“PSR”)
