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Tyree Benson, Appelant, v. United States of America, Appellee. |
No.: 23-CF-0514
APPELLEE’S UNOPPOSED MOTION TO VACATE |
Pursuant to D.C. Code § 17-306, appellee, the United States of America, by and through its attorney, the United States Attorney for the District of Columbia, hereby moves to vacate appellant Tyree Benson’s conviction under D.C. Code § 7-2506.01 for possession of a large-capacity magazine feeder device. It is the United States’s position that § 7-2506.01 is unconstitutional. As a result, the United States is not prosecuting violations of § 7-2506.01, and believes that, in the interests of justice, Benson’s conviction should be vacated. Pursuant to D.C. App. R. 27(b)(4), the undersigned avers that appellant’s counsel, Sicilia Englert, Esq., does not oppose this motion.
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WHEREFORE, appellee respectfully requests that this Court grant this Unopposed Motion to Vacate Benson’s Conviction for Possession of a Large-Capacity Ammunition Feeder Device and remand that count to the Superior Court for further proceedings.
Respectfully submitted,
JEANINE FERRIS PIRRO
Acting United States Attorney