Gygi

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 PAMELA JEAN GYGI, Case No. 20-cv-00302-JD

Petitioner,

ORDER RE PETITION FOR WRIT OF

v. HABEAS CORPUS AND

CERTIFICATE OF APPEALABILITY

WARDEN, FCI DUBLIN, Re: Dkt. Nos. 9, 12 Respondent.

13 Pamela Gygi, a federal prisoner incarcerated at F.C.I. Dublin, filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. She was convicted in the District of Oregon. As the sole ground for federal habeas relief, petitioner argues that her Section 924(c) conviction must be vacated for resentencing because the underlying murder-for-hire offense no longer categorically qualifies as a “crime of violence” in light of United States v. Davis, 139 S.Ct. 2319 (2019). Petitioner also filed a motion for immediate release pursuant to the CARES Act in light of the current public health crisis. Respondent filed an answer and says that Gygi should have presented her habeas claim in an 28 U.S.C. § 2255 motion in the District of…