United States of America v. Derek Capozzi

Boston, Massachusetts, criminal defense lawyer represented the Defendant charged with being a felon in possession of a firearm.



Derek Capozzi challenged to the district court's disposition of his motion to vacate his sentence under 28 U.S.C. § 2255. First, he argues that Johnson v. United States, 576 U.S. 591 (2015) ("Johnson II"), invalidates his enhanced sentence imposed under the Armed Career Criminal Act ("ACCA"). Second, he argues that although the court

correctly vacated one of his convictions, it abused its discretion when it corrected that error by vacating the sentence for that conviction rather than conducting a new sentencing proceeding to resentence him for all his related convictions.

ORIGINAL JUDGMENT entered as to Derek Capozzi (1) Counts 1s, 3s, 4s on 4/13/2000. The defendant was found guilty on Counts 1s,3s,4s. The defendant has been found not guilty on counts 5s,6s. Imprisonment: The defendant is hereby committed to the custody of the U.S. Bureau of Prisons to be imprisoned for a total term of 360 months; 300 months as to Count 1s, 240 months as to Count 3s to run concurrently with Count 1s, 60 months as to Count 4s to run consecutively. The Court makes the following recommendations to the Bureau of Prisons: A judicial recommendation to a FCI with psychiatric treatment. The defendant is remanded to the custody of the U.S. Marshal. Upon release from imprisonment, the defendant shall be on supervised release for a term of 60 months. The defendant shall not possess a firearm as defined in 18 U.S.C. Section 921. The defendant is to participate in drug testing and treatment, in-patient if necessary, at the discretion of the U.S. Probation Office. The defendant shall procure employment. The defendant is to participate in mental health counseling. The defendant, and any of his agents, (except counsel or a private investigator acting for counsel), shall not have contact nor cause any contact with any of the government witnesses or victims, or their families, in the Haverhill, Peabody or Beverly incidents. This order is effective immediately. The defendant shall not mail any threatening communications or engage in any witness intimidation. This order is effective immediately. The 300.00 special assessment shall be paid immediately. The court adopts the factual findings and guideline application in the presentence report. Fine waived or below the guideline range because of inability to pay. The sentence departs from the guideline range for the following reason (see memorandum of sentencing hearing and report of statement of reasons attached. AMENDED JUDGMENT ENTERED ON 3/29/2022 under 28 U.S.C. 2255. ORDERED: Court ALLOWS Motion to Vacate as to Count 4s ONLY.



Affirmed