USA v. Wilburn

1:19-cr-00108 | New York Eastern District Court

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Division Brooklyn
Judge Judge Eric R. Komitee
Filed Feb. 28, 2019
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Filing Date # Docket Text
3/15/2024 MEMORANDUM AND ORDER For the reasons stated in the attached Memorandum and Order, the motion to unseal, ECF 239, is GRANTED as to documents at ECF 128 and 129, and the motion to compel production of the Mary 17, 2023 transcript is GRANTED. Th e motions at ECF 262, 311, 318, 200 (to the extent that it requests a Franks hearing), 305, 207, 218, 239 (as to documents at ECF 225 and 226), 257, 263, 289, 303, 315, 317, 300, and 302 are DENIED. Further, the government is directed to advise the court regarding an inventory of seized items, in response to ECF 200. The government is additionally directed to respond to Wilburns motion at ECF 239 as to the transcript of the November 30, 2022 status conferenced within fourteen days of the issua nce of this order. Standby counsel Mark DeMarco is directed to serve this order on previously appointed counsel, and Wilburns former and standby counsel are directed to file under seal proposed redactions of all payment vouchers submitted in connection with this case. So-ordered. Ordered by Judge Eric R. Komitee on 3/15/2024. (ALR)
10/26/2023Letter Regarding New Sentencing Date and Defendant's Restitution Obligations as to Andre Wilburn (Silverberg, Eric) (Entered: 10/26/2023)
10/25/2023 MOTION for Recusal Motion for Recusal with incorporated Memorandum of Law due to the Court's personal bias against the defendant and class-based prejudice and impartiality against pro se litigants by Andre Wilburn. (Attachments: # 1 Affidavit) (DeMarco, Mark) (Entered: 10/25/2023)
10/20/2023Letter dated October 19, 2023 to Judge Dearie from Andre Wilburn requesting a copy of the transcript of the the May 17, 2023 in-person conference, all transcripts from the 19-CR-139 case, and other transcripts from his cases. as to Andre Wilburn (DeMarco, Mark) (Entered: 10/20/2023)
10/16/2023Letter dated October 16, 2023 to Judge Dearie from Andre Wilburn objecting to the Court's numerous and improper denials of bail in violation of the Bail Reform Act and the Fifth and Eighth Amendments to the United States Constitution. as to Andre Wilburn (DeMarco, Mark) (Entered: 10/16/2023)
10/10/2023Exhibits to letter dated 9/21/2023 objecting to the Clerk's failure to file defendant's documents to the public docket from Andre Wilburn. (JT) (Entered: 10/10/2023)
10/3/2023Letter Pro Se Letter dated October 3, 2023 to Judge Dearie from Andre Wilburn objecting to numerous materially false and misleading statements in United States Probation Officer Erica T. Vest's Memorandum to the Court as to Andre Wilburn (DeMarco, Mark) (Entered: 10/03/2023)
10/2/2023RESPONSE in Opposition re 263 Letter MOTION for Hearing Letter dated September 14, 2023 to Judge Dearie from Andre Wilburn requesting (1) an evidentiary hearing regarding the Oaths of Office Virginia Nguyen and others, (2) a Franks hearing challenging the veracity of Christopher, 265 MOTION for Reconsideration Motion to Reconsider the Courts August 28, 2023 Order Denying Withdrawal of the Defendant's Guilty Plea and Dismissal of the 19-CR-108 and 19-CR-139 Cases with Prejudice, 262 MOTION for Reconsideration re 261 Order on Motion to Dismiss,,,,, Notice of Motion for Reconsideration re: Docket Entry 261, Order dated August 28, 2023 denying the defendant's plea withdrawal Motion and numerous dismissal Motions (Silverberg, Eric) (Entered: 10/02/2023)
10/2/2023Letter Pro Se Letter dated October 1, 2023 to Judge Dearie from Andre Wilburn objecting to the district court's failure to file U.S. Probation Officer Erica T. Vest's Memorandum and numerous other filings mailed to the Court from the defendant as to Andre Wilburn (DeMarco, Mark) (Entered: 10/02/2023)
9/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Andre Wilburn held on June 29, 2023, before Judge Dearie. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/18/2023. Redacted Transcript Deadline set for 10/30/2023. Release of Transcript Restriction set for 12/26/2023. (Heading, Charleane) (Entered: 09/27/2023)
9/25/2023Letter Letter dated September 25, 2023 to Judge Dearie from Andre Wilburn requesting the May 17, 2023 and all California Court Proceedings in the 19-CR-108 case and all transcripts of all court proceedings in the 19-CR-139 case. as to Andre Wilburn (DeMarco, Mark) (Entered: 09/25/2023)
9/21/2023Letter Letter dated September 21, 2023 to Judge Dearie from Andre Wilburn objecting to the clerk of the court's failure to file his letters dated August 9, 2023 and August 12, 2023 to the public docket as to Andre Wilburn (DeMarco, Mark) (Entered: 09/21/2023)
9/19/2023 MOTION for Reconsideration Motion to Reconsider the Courts August 28, 2023 Order Denying Withdrawal of the Defendant's Guilty Plea and Dismissal of the 19-CR-108 and 19-CR-139 Cases with Prejudice by Andre Wilburn. (Attachments: # 1 Memorandum in Support) (DeMarco, Mark) (Entered: 09/19/2023)
9/15/2023ORDER: The Government is directed to respond to defendant's motion 263 on or before October 2, 2023. So Ordered by Judge Raymond J. Dearie on 9/15/2023. (CG) (Entered: 09/15/2023)
9/14/2023Letter MOTION for Hearing Letter dated September 14, 2023 to Judge Dearie from Andre Wilburn requesting (1) an evidentiary hearing regarding the Oaths of Office Virginia Nguyen and others, (2) a Franks hearing challenging the veracity of Christopher Carr's affidavit in support of a search of a Google account, and (3) a post-plea Fatico hearing addressing the unresolved factual basis for the underlying charge in the 19-CR-108 case by Andre Wilburn. (DeMarco, Mark) (Entered: 09/14/2023)
9/5/2023 MOTION for Reconsideration re 261 Order on Motion to Dismiss,,,,, Notice of Motion for Reconsideration re: Docket Entry 261, Order dated August 28, 2023 denying the defendant's plea withdrawal Motion and numerous dismissal Motions by Andre Wilburn. (DeMarco, Mark) (Entered: 09/05/2023)
8/28/2023MEMORANDUM & ORDER. For the reasons stated in the attached Memorandum and Order, the Court denies Defendant Wilburn's: 172 Motion to Withdraw Guilty Pleas; 178 Motion to Dismiss; 194 Motion to Dismiss; and 202 Motion to Dismiss. Ordered by Judge Raymond J. Dearie on 8/28/2023. (AB) (Entered: 08/28/2023)
8/27/2023Letter Letter dated August 27, 2023 to Judge Dearie from Andre Wilburn objecting to the prosecutor's numerous, deliberate, and improper references to his previously withdrawn guilty plea. as to Andre Wilburn (DeMarco, Mark) (Entered: 08/27/2023)
8/18/2023Letter Letter dated 08/18/2023 to Judge Dearie from Andre Wilburn objecting to the Court's ongoing failure to rule on his Motion to withdraw his guilty plea and Motions to dismiss both cases with prejudice as to Andre Wilburn (DeMarco, Mark) (Entered: 08/18/2023)
8/3/2023Letter dated 7/24/2023 to Judge Dearie from Andre Wilburn requesting the transcripts of the May 17, 2023 and June 29, 2023 in person pretrial status conference. He also writes to object to the duration of time it has taken for him to receive transcripts of court proceedings. See letter for details. (JT) (Entered: 08/03/2023)
8/3/2023 MOTION to Compel and Incorporated Memorandum in Support to Direct the Court to Rule on the Defendant's Subjudice Motions and Dismiss Both Cases with Prejudice by Andre Wilburn. (JT) (Entered: 08/03/2023)
7/15/2023Letter Letter dated 07/14/2023 to Judge Dearie from Andre Wilburn demonstrating that the Breon Peace Letter and Virginia Nguyen Oath of Office are judicial documents entitled to public access as to Andre Wilburn (DeMarco, Mark) (Entered: 07/15/2023)
7/10/2023ORDER, Noted. Endorsed on letter to Judge Dearie from Andre Wilburn, Pro Se re objection to Chief Judge Brodie failing to make an on-record disclosure of the grounds of her recusal. Signed by Judge Raymond J. Dearie on 7/7/2023. (TLH) (Entered: 07/11/2023)
7/10/2023Letter to Judge Dearie from Andre Wilburn re holding CJA appointed lawyers in contempt. (TLH) (Entered: 07/11/2023)
7/10/2023Letter Reply to Docket Entry 251, government's letter dated 07/07/2023 as to Andre Wilburn (DeMarco, Mark) (Entered: 07/10/2023)
7/9/2023Letter Letter dated 07/09/2023 from Andre Wilburn to Judge Dearie objecting to the Court's failure to schedule a hearing and failure to rule on his Motion to withdraw his guilty plea and numerous dismissal Motions as to Andre Wilburn (DeMarco, Mark) (Entered: 07/09/2023)
7/7/2023Letter as to Documentation Concerning Status of Certain Prosecutors as to Andre Wilburn (Silverberg, Eric) (Entered: 07/07/2023)
7/2/2023Letter Letter dated 07/02/2023 to Judge Dearie from Andre Wilburn objecting to a second Faretta hearing and confronting prior counsel. as to Andre Wilburn (DeMarco, Mark) (Entered: 07/02/2023)
6/29/2023Minute Entry for proceedings held before Judge Raymond J. Dearie: Status Conference as to Andre Wilburn was held on June 29, 2023. Assistant United States Attorneys Eric Silverberg and Gabriel Park appeared on behalf of the Government. Andre Wilburn represented himself Pro Se and was joined by standby counsel Mark DeMarco. Faretta issue revisited. The Court held a brief discussion of outstanding matters. Court directs defense to respond to the issue of Pro Se representation and to decide whether defendant seeks an evidentiary hearing on conflicts with prior counsel by close of business on July 7, 2023. The Court will thereafter set a hearing date, trial date or sentencing date, as will be consistent with the Court's determinations. (Court Reporter Charleane Heading.) (CG) (Entered: 06/29/2023)
6/28/2023Letter dated 6/19/2023 to Judge Dearie from Andre Wilburn requesting discovery. See letter for details. (JT) Modified on 6/28/2023 (JT). (Entered: 06/28/2023)
6/28/2023Letter dated 6/18/2023 to Judge Dearie from Andre Wilburn respectfully objecting to the Court adjourning the June 16, 2023 pretrial conference. See letter for details. (JT) Modified on 6/28/2023 (JT). (Entered: 06/28/2023)
6/15/2023SCHEDULING ORDER: Defense counsel's request 244 to adjourn the status conference as to Andre Wilburn is granted. The status conference scheduled for June 16, 2023 is ADJOURNED to June 29, 2023, at 11:00 a.m., in Courtroom 10A South. Ordered by Judge Raymond J. Dearie on 6/15/2023. (CG) (Entered: 06/15/2023)
6/15/2023Letter Letter dated June 14, 2023, from pro se defendant Andre Wilburn, objection to the second improper case reassignment as to Andre Wilburn (DeMarco, Mark) (Entered: 06/15/2023)
6/14/2023Letter dated 6/11/2023 to Judge Brodie from Andre Wilburn submitting his objections re: this case. (See letter for details) (JT) (Entered: 06/16/2023)
6/14/2023Letter dated 5/30/2023 to Judge Brodie from Andre Wilburn objecting to MDC Brooklyn's failure to increase his unit law library access time. See letter for details. (JT) (Entered: 06/16/2023)
6/12/2023Letter Requesting the adjournment of the June 16, 2023 conference as to Andre Wilburn (DeMarco, Mark) (Entered: 06/12/2023)
6/9/2023SCHEDULING ORDER: Status Conference as to Andre Wilburn set for 6/16/2023 at 11:00 AM in Courtroom 10A South before Judge Raymond J. Dearie. So Ordered by Judge Raymond J. Dearie on 6/9/2023. (CG) (Entered: 06/09/2023)
6/8/2023Case as to Andre Wilburn Reassigned to Judge Raymond J. Dearie. Chief Judge Margo K. Brodie no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (BBM) (Entered: 06/08/2023)
6/5/2023EXHIBIT A and B filed by Andre Wilburn regarding unit law library. (FP) (Entered: 06/06/2023)
6/5/2023Letter dated May 30, 2023 to Eric Wachtel Silverberg from Andre Wilburn, requesting that the Bate stamped documents WIL0000457 through WIL000474 be mailed to the MDC Brooklyn without delay. (FP) (Entered: 06/06/2023)
6/4/2023Letter Letter dated June 4, 2023, objecting to undue pressure and improprieties at the November 3, 2022 Curcio hearing, by pro se defendant Andre Wilburn as to Andre Wilburn (DeMarco, Mark) (Entered: 06/04/2023)
5/31/2023Letter Letter dated May 30, 2023, requesting a transcript of the May 17, 2023 in-person pretrial status conference, by Pro Se defendant Andre Wilburn as to Andre Wilburn (DeMarco, Mark) (Entered: 05/31/2023)
5/28/2023 MOTION to Unseal Document MOTION to Unseal and Remove all Redactions from all Docket Entries and Transcripts by Pro Se Defendant Andre Wilburn by Andre Wilburn. (DeMarco, Mark) (Entered: 05/28/2023)
5/17/2023Status Conference as to Andre Wilburn was held on May 17, 2023, before Judge Brodie. AUSA Eric Silverberg appeared on behalf of the government. Mark DeMarco appeared as stand-by counsel. Mr. Wilburn was present. Case called. The Court heard from Mr. Wilburn and Mr. Silverberg regarding Mr. Wilburn's various motions. Decision reserved. A status conference is scheduled for June 29, 2023 at 2:00 PM in courtroom 6F North. (Court Reporter Victoria Butler.) (TT) (Entered: 05/17/2023)
5/17/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Andre Wilburn held on August 3, 2022, before Judge Margo K. Brodie. Court Reporter/Transcriber Sophie Nolan, Telephone number 718-613-2622. Email address: NolanEDNY@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/7/2023. Redacted Transcript Deadline set for 6/19/2023. Release of Transcript Restriction set for 8/15/2023. (Nolan, Sophie) (Entered: 05/17/2023)
5/16/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Andre Wilburn held on April 27, 2023, before Judge Margo K. Brodie. Court Reporter/Transcriber Linda A. Marino, Telephone number 718-613-2484. Email address: lindacsr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/6/2023. Redacted Transcript Deadline set for 6/16/2023. Release of Transcript Restriction set for 8/14/2023. (Marino, Linda) (Entered: 05/16/2023)
5/15/2023AFFIDAVIT in Support re 218 Letter MOTION for Reconsideration of Denial of Speedy Trial Motions, 178 Letter MOTION to Dismiss the Superseding Information filed on 8/15/2022, filed, 202 MOTION to Dismiss the Superseding Information filed on August 15, 2022, 194 Letter MOTION to Dismiss Counts One through Five in the Superseding Indictment filed on April 22, 2019 and the Superseding Information filed on August 15, 2022 with prejudice AFFIRMATION of Pro Se Defendant Andre Wilburn in Support of Motions to Dismiss (DeMarco, Mark) (Entered: 05/15/2023)
5/12/2023ORDER re Defendant's 195 and 215 motions to produce records of payments to court-appointed attorneys. 18 U.S.C. § 3006A(d)(4) "requir[es] disclosure of certain basic data about the amounts paid to lawyers under the [Criminal Justice] Act." In re Boston Herald, Inc., 321 F.3d 174, 179 (5th Cir. 2003); United States v. Alcorn, 6 F. App'x 315, 317 (6th Cir. 2001) ("Subject to certain exceptions, the amount paid to court-appointed counsel in a criminal case 'shall be made available to the public by the court upon the court's approval of the payment.'" (quoting 18 U.S.C. § 3006A(d)(4)(A))). Accordingly, Defendant's current and former court-appointed counsel shall file under seal by May 22, 2023 proposed redactions of all payment vouchers submitted in connection with their representation of Defendant in this case. Ordered by Chief Judge Margo K. Brodie on 5/12/2023. (TD) (Entered: 05/12/2023)
5/12/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Andre Wilburn held on April 14, 2023, before Judge Margo K. Brodie. Court Reporter/Transcriber Linda D. Danelczyk, Telephone number 718-613-2330. Email address: LindaDan226@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/2/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 8/10/2023. (Danelczyk, Linda) (Entered: 05/12/2023)
5/10/2023Letter dated May 5, 2023 from Andre Wilburn to Chief Judge Brodie objecting to Ms. Nguyen's failure to take oath of office to support the United States Constitution. (EG) (Entered: 05/11/2023)
5/10/2023Letter dated May 5, 2023 by Andre Wilburn to Chief Judge Brodie objecting to the Order scheduling a May 17, 2023 in person pretrial conference. (EG) (Entered: 05/11/2023)
5/8/2023Letter dated May 4, 2023 to Judge Brodie from Andre Wilburn, requesting transcripts for the dates of April 14, 2023 and April 27, 2023, and advising that the transcripts dated August 3, 2022, November 3, 2022, November 30, 2022 and March 10, 2023 were not received. (TPL) (Entered: 05/09/2023)
5/8/2023Letter dated May 4, 2023 to Judge Brodie from Andre Wilburn objecting to the courts May 2, 2023 Order denying the request for confidential legal communication with Linda M. Willburn (Legal Assistant), Law Advisor, and Attorney-in fact. (TPL) (Entered: 05/09/2023)
5/5/2023ORDER: For the reasons stated in the attached Order, the Court grants Defendant's request for law library access. Ordered by Chief Judge Margo K. Brodie on 5/5/2023. (TD) (Entered: 05/05/2023)
5/2/2023ORDER: For the reasons stated in the attached Order, the Court denies Defendant's request for unmonitored communications with his mother. Ordered by Chief Judge Margo K. Brodie on 5/2/2023. (TD) (Entered: 05/02/2023)
4/27/2023ORDER: The Court is in receipt of Defendant's 222 submission objecting to the Court's scheduling of the April 27, 2023 in person status conference. Construing the submission as a motion to appear via videoconference at future conferences, Defendant's motion is denied. The Court was informed that Defendant refused to appear in court for today's status conference. The status conference has been rescheduled to May 17, 2023 at 10:30 AM in courtroom 6F North. If Defendant fails to appear in person, the Court will issue a force order for the United States Marshals Service to bring Defendant to court. Ordered by Chief Judge Margo K. Brodie on 4/27/2023. (TD) (Entered: 04/27/2023)
4/27/2023AFFIDAVIT/AFFIRMATION by Andre Wilburn Order, (Taylor, Zachary) (Entered: 04/27/2023)
4/27/2023Status Conference as to Andre Wilburn was held on April 27, 2023. AUSA Eric Silverberg appeared on behalf of the government. Mark DeMarco appeared as stand-by counsel. Mr. Wilburn not present. The Court conveyed to the parties that Mr. Wilbrun refused to appear in court. A status conference is scheduled for May 17, 2023 at 10:30 AM in courtroom 6F North. A force order directing the USMS will be entered on ECF if defendant does not appear. (Court Reporter Linda Marino.) (WV) (Entered: 04/27/2023)
4/21/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Andre Wilburn held on 01/11/23, before Judge BRODIE. Court Reporter/Transcriber RIVKA TEICH, Telephone number 7186132268. Email address: RIVKATEICH@GMAIL.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/12/2023. Redacted Transcript Deadline set for 5/22/2023. Release of Transcript Restriction set for 7/20/2023. (Teich, Rivka) (Entered: 04/21/2023)
4/20/2023Letter dated April 17, 2023 from Andre Wilburn objecting to the court failing to direct the Metropolitan Detention Center Brooklyn legal department to produce the defendant for the April 14, 2023 virtual conference. (FP) (Entered: 04/25/2023)
4/20/2023Letter Letter dated April 20, 2023, from Pro Se Defendant Andre Wilburn, Objecting to the Court Scheduling an April 27, 2023 In-Person Status Conference as to Andre Wilburn (DeMarco, Mark) (Entered: 04/20/2023)
4/18/2023Letter Letter dated April 18, 2023, from Pro Se Defendant Andre Wilburn, Objecting to the Off-the-Record Communication Between the Court and the Government as to Andre Wilburn (DeMarco, Mark) (Entered: 04/18/2023)
4/14/2023Order re 172 Defendants motion to withdraw guilty plea, 176 exhibits in support of motion, 181 Linda Wilburns affirmation in support of motion. The Court directs Defendants former attorneys, Samuel Gregory and Zachary Taylor, to file affidavits in response to Defendants allegations by April 28, 2023. The Court grants the attorneys leave to file the affidavits under seal.Signed by Chief Judge Margo K. Brodie on 4/14/2023. (AB) (Entered: 04/14/2023)
4/14/2023Letter Concerning Failure to Produce Defendant For April 14, 2023 Status Conference as to Andre Wilburn (Silverberg, Eric) (Entered: 04/14/2023)
4/14/2023ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 4/14/2023 until 4/27/2023.. Ordered by Chief Judge Margo K. Brodie on 4/14/2023. (WV) (Entered: 04/14/2023)
4/14/2023Status Conference as to Andre Wilburn was held on April 14, 2023 via videoconference. AUSA Gabriel Park and Eric Silverberg appeared on behalf of the government. Mark DeMarco appeared as stand-by counsel. Mr. Wilburn not present. The Court directed the MDC to file a letter indicating why Mr. Wilburn was not produced by April 17, 2023. A status conference is scheduled for April 27, 2023 at 1:00 PM in courtroom 6F North. (Court Reporter Linda Danelcyk.) (WV) Modified on 4/14/2023 (WV). (Entered: 04/14/2023)
3/29/2023Letter dated March 20, 2023 to Judge Brodie from Andre Wilburn, in response to 214 letter regarding discovery production. (FP) (Entered: 03/29/2023)
3/28/2023ORDER: Due to a conflict in the Court's calendar, the status conference scheduled for March 31, 2023 at 10:30 a.m., is RESCHEDULED to April 14, 2023 at 10:30 a.m. Ordered by Chief Judge Margo K. Brodie on 3/28/2023. (WV) (Entered: 03/28/2023)
3/21/2023Letter MOTION for Reconsideration of Denial of Speedy Trial Motions by Andre Wilburn. (EG) (Entered: 03/22/2023)
3/21/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Andre Wilburn held on august 15, 2022, before Judge Brodie. Court Reporter/Transcriber Denise Parisi, Telephone number 7186132605. Email address: deniseparisi72@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/11/2023. Redacted Transcript Deadline set for 4/21/2023. Release of Transcript Restriction set for 6/19/2023. (Parisi, Denise) (Entered: 03/21/2023)
3/16/2023Letter MOTION to Produce Records of Payments Made to Court Appointed Counsel by Pro Se Defendant by Andre Wilburn. (Attachments: # 1 Memorandum in Support) (DeMarco, Mark) (Entered: 03/16/2023)
3/14/2023Letter Regarding Discovery Production to Defendant at MDC as to Andre Wilburn (Park, Gabriel) (Entered: 03/14/2023)
3/13/2023Letter from Andre Wilburn objecting to MDC Brooklyn Staff deliberately violating the defendants constitutional right of access to the courts by willingly failing to produce defendant for the July 27, 2022 pretrial status conference. (TPL) (Entered: 03/14/2023)
3/10/2023ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 3/10/2023 until 3/31/2023. Ordered by Chief Judge Margo K. Brodie on 3/10/2023. (WV) (Entered: 03/10/2023)
3/10/2023Status Conference as to Andre Wilburn was held on March 10, 2023 via video conference. AUSA Gabriel Park appeared on behalf of the government. Mark DeMarco appeared on behalf of Mr. Wilburn as stand-by counsel. Defendants motion 211 to amend filling dates was addressed on the record. The Court reserved decision on pending motions. Defendants motion to obtain the transcripts for August 3, 2022, November 3, 20202 and March 10, 2023 was granted. A status conference is scheduled for March 31, 2023 at 10:30 AM. The parties are directed to call 1-888-684-8852 using access code 9801036. If any party has any difficulty accessing the video conference, please contact chambers at 718-613-2140. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. (Court Reporter Avery Armstrong.) (WV) (Entered: 03/10/2023)
3/7/2023Letter dated February 24, 2023 from Andre Wilburn, supplement to docket entry 143 -request for franks hearing. (FP) (Entered: 03/07/2023)
3/7/2023 MOTION to Amend/Correct filing dates of all pro se documents to reflect dates given to prison officials instead of dates received by the clerk by Andre Wilburn. (Attachments: # 1 Mailing Envelope) (FP) (Entered: 03/07/2023)
3/6/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Andre Wilburn held on 11/3/2022, before Judge Margo K. Brodie. Court Reporter/Transcriber Andronikh Barna, Telephone number 718-613-2178. Email address: ambarna.crr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/27/2023. Redacted Transcript Deadline set for 4/6/2023. Release of Transcript Restriction set for 6/5/2023. (Barna, Andronikh) (Entered: 03/06/2023)
2/27/2023MEMORANDUM OF LAW in Support of 202 MOTION to Dismiss the Superseding Information filed on August 15, 2022 (FP) (Entered: 02/28/2023)
2/19/2023Letter Enclosing Mr. Wilburn's pro se Objections as to Andre Wilburn (Attachments: # 1 Memorandum in Support) (DeMarco, Mark) (Entered: 02/19/2023)
2/8/2023Letter MOTION for Sanctions Pro se filing by standby counsel by Andre Wilburn. (Attachments: # 1 Memorandum in Support) (DeMarco, Mark) (Entered: 02/08/2023)
2/8/2023MEMORANDUM in Opposition re 178 Letter MOTION to Dismiss the Superseding Information filed on 8/15/2022, filed, 202 MOTION to Dismiss the Superseding Information filed on August 15, 2022, 194 Letter MOTION to Dismiss Counts One through Five in the Superseding Indictment filed on April 22, 2019 and the Superseding Information filed on August 15, 2022 with prejudice (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Grubin, Andrew) (Entered: 02/08/2023)
2/7/2023ORDER granting 205 Letter Requesting a Page Extension for the Government's Opposition Brief as to Andre Wilburn. Ordered by Chief Judge Margo K. Brodie on 2/7/2023. (WV) (Entered: 02/07/2023)
2/6/2023Letter Requesting a Page Extension for the Government's Opposition Brief as to Andre Wilburn (Park, Gabriel) (Entered: 02/06/2023)
1/27/2023Letter dated January 22, 2023 to Clerk from Andre Wilburn, requesting transcripts for the dates of March 5, 2019, March 21, 2019, April 23, 2019, August 27, 2019, November 26, 2019, February 5, 2020, April 23, 2020, and all transcripts from defendant's proceedings in the Southern District of California in or about January 2019. (FP) (Entered: 02/01/2023)
1/27/2023Letter dated January 21, 2023 to Clerk from Andre Wilburn, requesting evidence of the precise locations of the four devices allegedly found in the apartment on September 6, 2018. (FP) (Entered: 02/01/2023)
1/27/2023 MOTION to Dismiss the Superseding Information filed on August 15, 2022 by Andre Wilburn. (FP) (Entered: 02/01/2023)
1/26/2023 MOTION for Leave to File Document renew request for Frank's Hearing by Andre Wilburn. (FP) (Entered: 01/31/2023)
1/24/2023Letter dated January 12, 2023 from Andre Wilburn to Chief Judge Brodie, objecting to the court's failure to allow defendant to read a written statement into the record at the January 11, 2023 pretrial conference. (FP) (Entered: 02/01/2023)
1/23/2023Objection to Government's Failure to Disclose Quantity of Discovery on each Device filed by Andre Wilburn (FP) (Entered: 01/24/2023)
1/23/2023Letter dated January 18, 2023 filed by Andre Wilburn requesting to renew all filings pertaining to Special Assistant U.S. Attorney Virginia Nguyen. (FP) (Entered: 01/24/2023)
1/23/2023Letter from Andre Wilburn submitting a copy of the suppressed statement. (FP) (Entered: 01/24/2023)
1/11/2023ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 1/11/2023 until 3/10/2023. Ordered by Chief Judge Margo K. Brodie on 1/11/2023. (WV) (Entered: 01/11/2023)
1/11/2023Status Conference as to Andre Wilburn was held on January 11, 2023 via videoconference. AUSA Gabriel Park appeared on behalf of the government. Mark DeMarco appeared on behalf of Mr. Wilburn. The Court granted Mr. Wilburn's application to proceed pro se with Mr. DeMarco as stand-by counsel. The government shall file a response to the pending motions on or before February 8, 2023; Mr. Wilburn shall file a reply, if any, on or before February 22, 2023. A status conference is scheduled for March 10, 2023 at 10:30 AM. (Court Reporter Rivka Teich.) (WV) (Entered: 01/11/2023)
1/6/2023Letter dated December 20, 2022 to Clerk from Andre Wilburn, requesting disclosure of payment vouchers submitted by lawyers. (FP) (Entered: 01/10/2023)
1/6/2023Letter MOTION to Dismiss Counts One through Five in the Superseding Indictment filed on April 22, 2019 and the Superseding Information filed on August 15, 2022 with prejudice by Andre Wilburn. (FP) (Entered: 01/10/2023)
1/3/2023Letter dated December 15, 2022 to Judge Brodie from Andre Wilburn, objecting to the court's assertion that there was a meaningful opportunity for the defendant to inspect and view the evidence in the case. (FP) (Entered: 01/12/2023)
1/2/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Andre Wilburn held on November 16, 2022, before Judge Brodie. Court Reporter/Transcriber Denise Parisi, Telephone number 7186132605. Email address: deniseparisi72@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/23/2023. Redacted Transcript Deadline set for 2/2/2023. Release of Transcript Restriction set for 4/3/2023. (Parisi, Denise) (Entered: 01/02/2023)
12/15/2022Letter dated December 11, 2022 to Judge Brodie from Andre Wilburn, objecting to the Superseding Information filed on August 15, 2022. (FP) (Entered: 12/19/2022)
12/12/2022Letter dated 12/5/2022 to Chief Judge Brodie from Andre Wilburn, Pro Se objecting to the Court's violation of Federal Rule of Criminal Procedure 17.1 and the sealing of the November 30, 2022 pretrial conference. (TL) (Entered: 12/15/2022)
12/7/2022Letter dated December 5, 2022 to the Clerk of Court from Andre Wilburn, requesting a copy of the eastern district plan for achieving prompt dispositions of criminal cases. (FP) (Entered: 12/19/2022)
11/30/2022Status Conference as to Andre Wilburn was held on November 30, 2022. AUSA Eric Silverberg appeared on behalf of the government. Mark DeMarco appeared on behalf of Mr. Wilburn. Probation Officer Erica Vest also present. Mr. DeMarco informed the Court he is reviewing discovery and the motion to withdraw. Mr. DeMarco will reach out to Sophia Papapetru regarding housing unit transfer. The government denies any allegations of misconduct. The Court adjourned sentencing date of January 26, 2023, sine die. A status conference is scheduled for January 11, 2023 at 9:00 AM. (Court Reporter Shernelle Griffith.) (WV) (Entered: 11/30/2022)
11/28/2022Letter dated 11/21/2022 from Andre Wilburn to Chief Judge Brodie, objecting to the appointment of Criminal Justice Act counsel, due to clearly, unequivocally, and unambiguously expressing a desire to proceed pro se in his Omnibus Motion dated 10/5/2022. DE# 172 - Pro Se Omnibus Motion Demonstrating Ineffective Assistance of Counsel. (SG) (Entered: 12/02/2022)
11/28/2022Letter dated 11/18/2022 from Andre Wilburn to Chief Judge Brodie, wishing to object to Robert Polemeni attesting to Dkt. # 51 and to memorialize the pattern of improperly appointed prosecutors in the USAO for the EDNY. (SG) Modified on 12/2/2022 (SG). (Entered: 12/02/2022)
11/21/2022Letter dated 10/18/2022 from Andrew Wilburn to Chief Judge Brodie, submitting this letter to memorialize the Court's failure to "provide [him] with a copy of the transcript for [the April 06, 2022] conference" as stated in the Minute Entry dated 04/06/2022 and during the status conference. (SG) (Entered: 11/22/2022)
11/17/2022Letter dated 11/14/2022 from Andre Wilburn to Chief Judge Brodie, submitting this letter to supplement DE# 178 for the reasons described herein. (SG) (Entered: 11/21/2022)
11/17/2022Letter dated 11/11/2022 from Andre Wilburn to Chief Judge Brodie, deft submits this letter to memorialize the ongoing inadequate medical care at MDC Brooklyn. (SG) (Entered: 11/21/2022)
11/16/2022Status Conference as to Andre Wilburn was held on November 16, 2022. AUSAs Eric Silverberg and Gabriel Park appeared on behalf of the government. Mark DeMarco appeared on behalf of Mr. Wilburn. Mr. Wilburn not present. According to the United States Marshal Service Mr. Wilburn refused to attend today's court appearance. Mr. DeMarco informed the Court that he met with his client briefly. A status conference is scheduled for November 30, 2022 at noon. (Court Reporter Denise Parisi.) (WV) (Entered: 11/16/2022)
11/15/2022Letter dated 10/29/2022 from Andre Wilburn to Judge Brodie and Judge Dearie, objecting to Andrew D. Grubin illegally conducting proceedings and filing court documents as an attorney for the government in violation of Rule 1(b)(1)(D) of the FRCP and Article VI, Clause of the US Constitution. (w/ Exhibit A enc.) (SG) (Entered: 11/15/2022)
11/10/2022SCHEDULING ORDER as to Andre Wilburn. Status Conference set for 11/16/2022 at 11:30 AM in Courtroom 6F North before Chief Judge Margo K. Brodie. Ordered by Chief Judge Margo K. Brodie on 11/10/2022. (WV) (Entered: 11/10/2022)
11/10/2022MANDATE of USCA (certified copy) as to Andre Wilburn re Appeal USCA Mandate. It is hereby ORDERED that the IFP motion is GRANTED for the purpose of filing the mandamus petition. It is further ORDERED that the mandamus petition is DENIED as moot, insofar as Petitioner sought to compel a ruling on his pro se speedy trial claims. See Barrett v. United States, 105 F.3d 793, 794 (2d Cir. 1996) (per curiam). The District Court has ruled on those claims. See E.D.N.Y. 19-cr-108, doc. 151. As to the remainder of the petition, it is DENIED because Petitioner has not demonstrated that exceptional circumstances warrant the requested relief. See Cheney v. U.S. Dist. Ct., 542 U.S. 367, 38081 (2004). Issued as Mandate: 11/10/2022. USCA# 22-1129. (VJ) (Entered: 11/10/2022)
11/9/2022NOTICE OF ATTORNEY APPEARANCE: Mark Steven DeMarco appearing for Andre Wilburn (DeMarco, Mark) (Entered: 11/09/2022)
11/4/2022Attorney update in case as to Andre Wilburn. Attorney Samuel Gregory terminated. (WV) (Entered: 11/04/2022)
11/4/2022CJA 20 as to Andre Wilburn. Signed by Chief Judge Margo K. Brodie on 11/4/2022. (WV) (Entered: 11/04/2022)
11/3/2022AFFIRMATION of Linda M. Wilburn as to Andre Wilburn in support of OMNIBUS MOTION re: 172 Letter MOTION to Withdraw Plea of Guilty , Waiver of Indictment and requesting a Faretta hearing filed by Andre Wilburn. (SG) (Entered: 11/07/2022)
11/3/2022Curcio Hearing as to Andre Wilburn was held before Judge Margo K. Brodie on November 4, 2022. Andrew Grubin and Eric Silverberg appeared on behalf of the government. Samuel Gregory and Zachary Taylor appeared on behalf of Mr. Wilburn. The Court addressed defense counsel's 171 motion for a Curcio hearing. Mr. Gregory and Taylor were relieved as defense counsel. The Court appoints Mr. DeMarco to represent Mr. Wilburn. A status conference was scheduled for November 17, 2022 at noon. (WV) (Entered: 11/04/2022)
10/28/2022SCHEDULING ORDER as to Andre Wilburn. Status Conference set for 11/3/2022 at 3:00 PM in Courtroom 6F North before Chief Judge Margo K. Brodie. Ordered by Chief Judge Margo K. Brodie on 10/28/2022. (WV) (Entered: 10/28/2022)
10/27/2022Letter dated 10/24/2022 from Andre Wilburn to Judge Margo K. Brodie, submitting deft's objection to the Court's failure to mail him a free copy of the transcript from the January 26, 2022 status conference. (SG) (Entered: 10/28/2022)
10/27/2022Letter MOTION to Dismiss the 156 Superseding Information filed on 8/15/2022, filed by Andre Wilburn. (SG) (Entered: 10/28/2022)
10/24/2022Letter dated October 16, 2022 to Judge Brodie from Andre Wilburn, requesting an abeyance of the scheduled October 24, 2022 pre-sentence interview with a probation officer, pending the court's decision of the defendant's omnibus motion. (FP) (Entered: 10/24/2022)
10/24/2022EXHIBITS TO OMNIBUS MOTION, re: 172 Letter filed by Andre Wilburn (Attachments: # 1 Mailing Envelopes) (FP) (Entered: 10/24/2022)
10/20/2022Letter dated October 10, 2022 to Judge Brodie from Andre Wilburn, requesting that this letter supplement Docket Entry 168 regarding objection to the reassignment of cases. (FP) (Entered: 10/20/2022)
10/20/2022Letter dated October 6, 2022 to Judge Brodie and Judge Dearie from Andre Wilburn, apologizing to the court for being unable to submit necessary exhibits with the motion to withdraw guilty plea, withdraw waiver of indictment and to proceed pro se. (FP) (Entered: 10/20/2022)
10/20/2022Letter dated October 6, 2022 to Judge Brodie and Judge Dearie from Andre Wilburn, requesting a free transcript of August 15, 2022 change of plea colloquy before Judge Brodie. (FP) (Entered: 10/20/2022)
10/12/2022Letter MOTION to Withdraw Plea of Guilty , Waiver of Indictment and requesting a Faretta hearing by Andre Wilburn. (FP) (Entered: 10/14/2022)
9/30/2022Letter request for Curcio hearing as to Andre Wilburn (Gregory, Samuel) (Entered: 09/30/2022)
9/30/2022Letter response to docket entry 167 as to Andre Wilburn (Gregory, Samuel) (Entered: 09/30/2022)
9/28/2022Letter dated September 23, 2022 to Judge Brodie from Andre Wilburn, requesting that the court relieve the services of CJA appointed counsel Zachary Taylor. (Attachments: # 1 Mailing Envelopes) (Piper, Francine) (Entered: 09/29/2022)
9/28/2022Letter dated September 22, 2022 from Andre Wilburn to Judge Brodie and Judge Dearie, objecting to the reassignment of cases to a single judge. (Attachments: # 1 Mailing Envelopes) (Piper, Francine) (Entered: 09/29/2022)
9/27/2022ORDER as to Andre Wilburn. Counsel is directed to inform the court of any inability to access the evidence in this case and to address the issues raised by Mr. Wilburn in docket no. 167 . Ordered by Chief Judge Margo K. Brodie on 9/27/2022. (Valentin, Winnethka) (Entered: 09/27/2022)
9/26/2022Letter dated September 21, 2022 to Judge Brodie from Andre Wilburn, advising the court of the severe prejudice of defense due to not having copies of, or access to discovery materials. (Piper, Francine) (Entered: 09/27/2022)
9/19/2022ORDER denying 164 Letter filed by Mr. Wilburn requesting that the court relieve CJA appointed counsel Zachary Taylor. Ordered by Chief Judge Margo K. Brodie on 9/19/2022. (Valentin, Winnethka) (Entered: 09/19/2022)
9/18/2022Letter as to Andre Wilburn (Gregory, Samuel) (Entered: 09/18/2022)
9/17/2022ORDER denying 162 Letter dated September 3, 2022, 163 Letter dated September 8, 2022, 164 Letter dated September 6, 2022, and 165 Letter dated September 11, 2022 from Andre Wilburn to Judge Brodie. For the reasons discussed in the Court's 60 ORDER dated December 30, 2021, the Court declines to exercise its discretion to permit hybrid representation and denies without prejudice to later presentation through counsel Mr. Wilburn's pro se letter motions (1) objecting to the denial of Mr. Wilburn's motion to suppress, dismissal of request for frank's hearing, and the denial of speedy trial motions; (2) objecting to the document filed as Docket Entry No. 161 ; (3) requesting that the Court relieve CJA appointed counsel Zachary Taylor; and (4) requesting dismissal. The Court directs Mr. Wilburn's counsel to confer with Mr. Wilburn and inform the Court if it expects to proceed on any of Mr. Wilburn's assertions on or before September 26, 2022. Ordered by Chief Judge Margo K. Brodie on 9/17/2022.. Ordered by Chief Judge Margo K. Brodie on 9/17/2022. (Okonta, Patricia) (Entered: 09/17/2022)
9/15/2022Letter dated September 11, 2022 to Judge Brodie and Judge Dearie from Andre Wilburn, advising that former lead government attorney Virginia Nguyen failed to take an oath of office and to have a letter of authorization from the court. (Piper, Francine) (Entered: 09/16/2022)
9/13/2022Letter dated September 6, 2022 to Judge Brodie from Andre Wilburn, requesting that the court relieve CJA appointed counsel Zachary Taylor. (Piper, Francine) (Entered: 09/16/2022)
9/13/2022Letter dated September 8, 2022 to Judge Brodie from Andre Wilburn, objecting to the "Ex Parte Document" and letter filed on the public docket as docket entry 161. (Piper, Francine) (Entered: 09/16/2022)
9/12/2022Letter to Judge Brodie from Andre Wilburn, objecting to the denial of the motion to suppress, dismissal of request for frank's hearing and the denial of speedy trial motions. (Piper, Francine) (Entered: 09/13/2022)
8/29/2022Letter as to Andre Wilburn (Gregory, Samuel) (Entered: 08/29/2022)
8/26/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Andre Wilburn held on January 26, 2022, before Judge Margo K. Brodie. Court Reporter/Transcriber David R Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/16/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/24/2022. (Roy, David) (Entered: 08/26/2022)
8/22/2022Letter dated August 9, 2022 from Andre Wilburn to Judge Brodie, supplementing the letter dated August 7, 2022, reporting numerous indictment deficiencies with exhibits demonstrating the lack of a foreperson's signature. (Piper, Francine) (Entered: 08/22/2022)
8/19/2022ORDER. Counsel is directed to meet with his client and to review his complaints regarding failure to obtain medical treatment as set forth in his letter dated August 11, 2022 to the Court. Counsel is directed to seek Court relief if necessary. Ordered by Chief Judge Margo K. Brodie on 8/19/2022. (Valentin, Winnethka) (Entered: 08/19/2022)
8/18/2022ORDER terminating 148 Motion for Bond as to Andre Wilburn. See Minute Entry dated August 3, 2022. Ordered by Chief Judge Margo K. Brodie on 8/18/2022. (Valentin, Winnethka) (Entered: 08/18/2022)
8/16/2022Letter dated August 11, 2022 to Judge Brodie from Andre Wilburn, regarding a deliberate indifference to medical care. (Piper, Francine) (Entered: 08/19/2022)
8/15/2022Change of Plea Hearing as to Andre Wilburn was held before Judge Margo K. Brodie on August 15, 2022. AUSAs Eric Silverberg and Gabriel Park appeared on behalf of the government. Samuel Gregory and Zachary Taylor appeared on behalf of Mr. Wilburn. The defendant was sworn and informed of his rights. Mr. Wilburn waived venue and entered a plea of guilty to the count in the superseding information to be filed by the government. In addition, Mr. Wilburn entered a plea of guilty in count two of the Indictment of related matter, 19-CR-139. The Court found that Mr. Wilburns guilty pleas were made knowingly, voluntarily and that there was a factual basis for the pleas. The pleas of guilty was accepted by the Court. Sentencing is set for January 26, 2023 at 10:00 AM before Chief Judge Margo K. Brodie.(Court Reporter Denise Parisi.) (Valentin, Winnethka) (Entered: 08/15/2022)
8/15/2022SUPERSEDING INFORMATION as to Andre Wilburn (1) count(s) 1ss. (Piper, Francine) (Entered: 08/15/2022)
8/15/2022WAIVER OF INDICTMENT by Andre Wilburn (Piper, Francine) (Entered: 08/15/2022)
8/12/2022Letter dated August 7, 2022 to Judge Brodie from Andre Wilburn, objecting to and reporting the violation of rights pursuant to the Fifth Amendment Indictment and Six Amendment Clauses to the United States Constitution and Federal Rules of Criminal Procedure ("Fed R. Crim. P") 6,7, and 12(b)(3)(B). (Piper, Francine) (Entered: 08/16/2022)
8/11/2022ORDER as to 154 Letter in re limine motions deadlines. In light of the upcoming change of plea hearing, scheduled for August 15, 2022 at 11:00 AM, the Court grants the parties' joint request and holds the deadline to file motions in limine in abeyance. Ordered by Chief Judge Margo K. Brodie on 8/11/2022. (Okonta, Patricia) (Entered: 08/11/2022)
8/10/2022Letter Requesting Abeyance on Motion in Limine Deadline as to Andre Wilburn (Park, Gabriel) (Entered: 08/10/2022)
8/5/2022SCHEDULING ORDER as to Andre Wilburn. A Change of Plea Hearing is scheduled for August 15, 2022 at 11:00 AM before Chief Judge Margo K. Brodie in courtroom 6F North. Ordered by Chief Judge Margo K. Brodie on 8/5/2022. (Valentin, Winnethka) (Entered: 08/05/2022)
8/4/2022Letter Requesting Case Reassignment as to Andre Wilburn (Grubin, Andrew) (Entered: 08/04/2022)
8/4/2022Letter as to Andre Wilburn (Gregory, Samuel) (Entered: 08/04/2022)
8/3/2022ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 8/3/2022 until 8/19/2022. Ordered by Chief Judge Margo K. Brodie on 8/3/2022. (Valentin, Winnethka) (Entered: 08/03/2022)
8/3/2022Status Conference and Bail Hearing as to Andre Wilburn was held on August 3, 2022 via videoconference. AUSAs Eric Silverberg and Gabriel Park appeared on behalf of the government. Samuel Gregory appeared on behalf of Mr. Wilburn. Mr. Wilburn appeared via telephone. The Court heard arguments with respect to 148 Mr. Wilburn's motion for bond. The Court denied Mr. Wilburn's application for the reasons stated on the record at the November 21, 2021 status conference. In addition, the Court directed defense counsel to file a letter by the end of the business day informing the Court of Mr. Wilburn's position regarding venue. The Court also granted the government's motion for an extension of time to file motions in limine. The Court extends the filing deadline by five days. The Court scheduled the next status conference for August 19, 2022 at 9:00 AM. The Court excluded time between August 3, 2022 and August 19, 2022 on consent of counsel and in the interests of justice. (Court Reporter Sophie Nolan.) (Valentin, Winnethka) (Entered: 08/03/2022)
8/3/2022MEMORANDUM AND ORDER denying 102 Letter from Def.'s Counsel Adopting Docket Entry Nos. 34, 46, 56, 77, and 79 and 107 Motion to Suppress. For the reasons discussed in the attached Memorandum and Order, the Court denies (1) Mr. Wilburn's motions to dismiss the Superseding Indictment on speedy trial grounds and (2) Mr. Wilburn's motion to suppress evidence obtained pursuant to the July 2018 Google Warrant. Ordered by Chief Judge Margo K. Brodie on 8/3/2022. (Okonta, Patricia) (Entered: 08/03/2022)
8/2/2022RESPONSE in Opposition re 148 MOTION for Bond (Attachments: # 1 Exhibit) (Silverberg, Eric) (Entered: 08/02/2022)
8/1/2022Letter dated July 28, 2022 to Judge Brodie and Judge Dearie from Andre Wilburn, regarding plea tactics. (Piper, Francine) (Entered: 08/02/2022)
8/1/2022ORDER as to Andre Wilburn. The government is directed to respond to the 148 Motion for Bond on or before August 2, 2022. Ordered by Chief Judge Margo K. Brodie on 8/1/2022. (Valentin, Winnethka) (Entered: 08/01/2022)
7/28/2022 MOTION for Bond by Andre Wilburn. (Gregory, Samuel) (Entered: 07/28/2022)
7/26/2022ORDER granting 147 the governments request for a hearing regarding venue. A status conference is scheduled for Wednesday August 3, 2022 at 9:00 AM via video and the Court will have a hearing with respect to venue at that time. Ordered by Chief Judge Margo K. Brodie on 7/26/2022. (Okonta, Patricia) (Entered: 07/26/2022)
7/26/2022 MOTION for Hearing as to Venue by USA as to Andre Wilburn. (Park, Gabriel) (Entered: 07/26/2022)
7/18/2022Letter dated July 14, 2022 to Judge Brodie from Andre Wilburn regarding speedy trial rights. (Piper, Francine) (Entered: 07/19/2022)
7/14/2022ORDER dismissing 134 Motion to Unseal Document and 143 Request for Frank's hearing. For the reasons discussed in the attached Order, the Court denies defendant's recent pro se motions: (1) to unseal a letter submitted to the Court that memorialize[s] the inadequate medical care at MDC Brooklyn and remove all redactions in the Governments reply to the letter; and (2) requesting a hearing, pursuant to Franks v. Delaware, 438 U.S. 154 (1978), to challenge the veracity of the affidavit used in support of the warrant issued to search his Google Drive. The Court directs defendant to file all further motions through counsel. In addition, in light of this order, the government does not have to respond to defendant's motion to unseal and may disregard the directive and timeline stated in the Court's July 11, 2022 order. Ordered by Chief Judge Margo K. Brodie on 7/14/2022. (Okonta, Patricia) (Entered: 07/14/2022)
7/13/2022Letter dated July 8, 2022 to Judge Brodie from Andre Wilburn in regards to the notice of the government's intent to use evidence. (Piper, Francine) (Entered: 07/14/2022)
7/12/2022Letter dated 7/3/22 to Chief Judge Brodie from Andre Wilburn requesting a Frank's hearing. (Valentin, Winnethka) (Entered: 07/12/2022)
7/12/2022Letter dated 6/29/22 to Chief Judge Brodie from Andre Wilburn re his constitutional right to a speedy trial. (Valentin, Winnethka) (Entered: 07/12/2022)
7/12/2022Letter dated 6/28/22 to Chief Judge Brodie from Andre Wilburn re a shakedown conducted in his unit on June 9, 2022. (Valentin, Winnethka) (Entered: 07/12/2022)
7/11/2022ORDER re 134 MOTION to Unseal Document 128 and to remove all redactions from the government's response 129 . The Court orders the government to respond to defendant's request or before July 18, 2022. Ordered by Chief Judge Margo K. Brodie on 7/11/2022. (Okonta, Patricia) (Entered: 07/11/2022)
6/29/2022Letter dated 6/26/22 to Chief Judge Brodie from Andre Wilburn re his constitutional right to a speedy trial. (Lee, Tiffeny) (Entered: 06/30/2022)
6/29/2022Letter dated 6/24/22 to Chief Judge Brodie from Andre Wilburn regarding the government's identification of his penis. (Lee, Tiffeny) (Entered: 06/30/2022)
6/28/2022Letter to Chief Judge Brodie from Andre Wilburn submitting his "due process" letter. (Lee, Tiffeny) (Entered: 06/28/2022)
6/27/2022Letter dated 6/23/2022 to Chief Judge Brodie and Judge Dearie requesting to assert his Constitutional speedy trial rights pursuant to the Sixth Amendment speedy trial clause. (Tavarez, Jennifer) (Entered: 06/30/2022)
6/27/2022Letter to Chief Judge Brodie and Judge Dearie from Andre Wilburn re his constitutional speedy trial rights. (Lee, Tiffeny) (Entered: 06/28/2022)
6/27/2022Letter to Chief Judge Brodie from Andre Wilburn regarding the government's letter dated 6/9/2022, docket entry 127 . (Lee, Tiffeny) (Entered: 06/28/2022)
6/23/2022 MOTION to Unseal Document Defendant's inadequate medical care letter and exhibits Docket 128, and to remove all redactions from the government's response to his letter, Docket 129 by Andre Wilburn. (Piper, Francine) (Entered: 06/27/2022)
6/23/2022Letter dated June 18, 2022 from Andre Wilburn to Judge Brodie, requesting a speedy trial pursuant to the speedy trial clause of the sixth amendment and the speedy trial act of 1974. (Piper, Francine) (Entered: 06/24/2022)
6/17/2022Letter in Response to Defendant's Allegations Concerning Conditions of Confinement as to Andre Wilburn (Silverberg, Eric) (Entered: 06/17/2022)
6/16/2022Letter dated June 14, 2022 from Andre Wilburn to Judge Brodie regarding the objection to the September 19, 2022 scheduled date of trial. (Piper, Francine) (Entered: 06/21/2022)
6/16/2022Letter dated June 13, 2022 from Andre Wilburn to Judge Brodie, asserting the speedy trial rights, and objecting to the exclusion of speedy trial time from June 10, 2022 through August 3, 2022. (Piper, Francine) (Entered: 06/21/2022)
6/16/2022Letter dated June 13, 2022 from Andre Wilburn to Judge Brodie, reporting violations to Rule 17.1 of the Federal Rules of Criminal Procedure. (Piper, Francine) (Entered: 06/21/2022)
6/10/2022ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 6/10/2022 until 8/3/2022. Ordered by Chief Judge Margo K. Brodie on 6/10/2022. (Valentin, Winnethka) (Entered: 06/10/2022)
6/10/2022Status Conference as to Andre Wilburn was held on June 10, 2022. AUSAs Eric Silverberg and Gabriel Park appeared on behalf of the government. Samuel Gregory and Zachary Taylor appeared on behalf of Mr. Wilburn. The Court will not allow hybrid representation and directed the government to respond to defendant's letter regarding inadequate medical care at the MDC on or before June 17, 2022. Motions in limine shall be filed by August 5, 2022; responses shall be filed by August 19, 2022; and replies, if any, shall be filed by August 26, 2022. The Court also directed the government to look into the conditions at the MDC. If the current lockdown continues, the Court will entertain another bail application. The Court scheduled a status conference for August 3, 2022 at 9:00 AM. The Court excluded time between June 10, 2022, and August 3, 2022, on consent in the interests of justice. (Court Reporter Victoria Butler-Torres.) (Valentin, Winnethka) (Entered: 06/10/2022)
6/10/2022Letter dated June 1, 2022 from Andre Wilburn to Chief Judge Margo K. Brodie re inadequate medical care at the MDC. (Valentin, Winnethka) (Entered: 06/10/2022)
6/9/2022Letter regarding Brady disclosure as to Andre Wilburn (Park, Gabriel) (Entered: 06/09/2022)
6/9/2022Letter dated June 3, 2022 from Andre Wilburn to Judge Brodie, regarding the constitutional and speedy trial rights pursuant to the Sixth Amendment, and statutory speedy trial right pursuant to the Speedy Trial Act, 18 USC 3161-3174. (Piper, Francine) (Entered: 06/09/2022)
6/9/2022Letter dated May 29, 2022 from Andre Wilburn to Judge Brodie, requesting that the superseding indictment returned on April 22, 2019 be dismissed with prejudice. (Piper, Francine) (Entered: 06/09/2022)
6/6/2022REPLY TO RESPONSE to Motion re 107 MOTION to Suppress evidence seized from Andre Wilburn's Google Drive in violation of the Fourth Amendment (Taylor, Zachary) (Entered: 06/06/2022)
5/31/2022Letter dated May 23, 2022 from Andre Wilburn to Judge Brodie and Judge Dearie, reporting the latest punitive conditions at MDC Brooklyn. (Piper, Francine) (Entered: 06/01/2022)
5/31/2022Letter dated May 24, 2022 from Andre Wilburn to Judge Brodie, regarding the constitutional and statutory rights to a speedy trial, and objecting to the initial setting of jury selection and the first day of trial on September 19, 2022. (Piper, Francine) (Entered: 06/01/2022)
5/24/2022ORDER granting 120 Letter requesting an extension of time to file as to Andre Wilburn. Defendant shall file a reply on or before June 6, 2022 Ordered by Chief Judge Margo K. Brodie on 5/24/2022. (Valentin, Winnethka) (Entered: 05/24/2022)
5/24/2022Letter adjournment request as to Andre Wilburn (Gregory, Samuel) (Entered: 05/24/2022)
5/24/2022NOTICE OF ATTORNEY APPEARANCE Gabriel Park appearing for USA. (Park, Gabriel) (Entered: 05/24/2022)
5/23/2022Copy of submissions filed in the Court of Appeals as to Andre Wilburn (Piper, Francine) (Entered: 05/26/2022)
5/23/2022Letter in Opposition to Motion to Dismiss on the Basis of Alleged Speedy Trial Violation as to Andre Wilburn (Silverberg, Eric) (Entered: 05/23/2022)
5/23/2022RESPONSE in Opposition re 107 MOTION to Suppress evidence seized from Andre Wilburn's Google Drive in violation of the Fourth Amendment (Attachments: # 1 Exhibit) (Silverberg, Eric) (Entered: 05/23/2022)
5/16/2022SCHEDULING ORDER as to Andre Wilburn. Jury selection will commence at 9:30 AM until 5:00 PM on September 19, 2022, in the ceremonial courtroom before Chief Judge Margo K. Brodie. Ordered by Chief Judge Margo K. Brodie on 5/16/2022. (Valentin, Winnethka) (Entered: 05/16/2022)
5/11/2022Letter dated May 9, 2022 from Andre Wilburn to Judge Brodie, asserting the constitutional and statutory rights to a speedy and public trial. (Piper, Francine) (Entered: 05/12/2022)
5/9/2022Letter dated April 27, 2022 from Andre Wilburn to Judge Brodie and Judge Dearie, advising that the MDC Brooklyn staff discarded, or otherwise permanently confiscated defendant's law textbooks and legal writings prejudicing defendants ability to defend. (Piper, Francine) (Entered: 05/10/2022)
5/9/2022AFFIRMATION of Andre Wilburn (Piper, Francine) (Entered: 05/10/2022)
5/9/2022Letter dated April 27, 2022 from Andre Wilburn to Judge Brodie, reporting the court's failure to automatically release defendant on bail after 90 days of the arrest violation of 18 USC 3164(c). (Piper, Francine) (Entered: 05/10/2022)
5/5/2022Objection, from Andre Wilburn, to the April 06, 2022 Continuance. (Brown, Marc) (Entered: 05/05/2022)
5/5/2022Letter from Andre Wilburn stating a copy of his objection is attached (Brown, Marc) (Entered: 05/05/2022)
5/1/2022AFFIDAVIT in Support re 107 MOTION to Suppress evidence seized from Andre Wilburn's Google Drive in violation of the Fourth Amendment Declaration of Josiah Roloff (Taylor, Zachary) (Entered: 05/01/2022)
5/1/2022AFFIDAVIT in Support re 107 MOTION to Suppress evidence seized from Andre Wilburn's Google Drive in violation of the Fourth Amendment Declaration of Zachary S. Taylor (Attachments: # 1 Exhibit A (search warrant), # 2 Exhibit B (search warrant), # 3 Exhibit C (search warrant), # 4 Exhibit D (zip file - native), # 5 Exhibit E (.CSV file - native), # 6 Exhibit F (.CSV file - native), # 7 Exhibit G (.CSV file - native), # 8 Exhibit H (report), # 9 Exhibit I (report)) (Taylor, Zachary) (Entered: 05/01/2022)
5/1/2022MEMORANDUM in Support re 107 MOTION to Suppress evidence seized from Andre Wilburn's Google Drive in violation of the Fourth Amendment (Taylor, Zachary) (Entered: 05/01/2022)
5/1/2022 MOTION to Suppress evidence seized from Andre Wilburn's Google Drive in violation of the Fourth Amendment by Andre Wilburn. (Taylor, Zachary) (Entered: 05/01/2022)
4/28/2022ORDER granting 103 Letter Requesting Briefing Schedule as to Andre Wilburn. The government shall respond to the defendant's motion by May 23, 2022. Ordered by Chief Judge Margo K. Brodie on 4/28/2022. (Valentin, Winnethka) (Entered: 04/28/2022)
4/27/2022Letter dated April 24, 2022 from Andre Wilburn to Judge Brodie, requesting notice of the government's intent to use any evidence at trial. (Piper, Francine) (Entered: 04/28/2022)
4/27/2022Letter dated April 23, 2022 from Andre Wilburn to Judge Brodie, seeking a prompt disposition of the case and asserting the speedy trial right. (Piper, Francine) (Entered: 04/28/2022)
4/27/2022Letter dated April 22, 2022 from Andre Wilburn to Judge Brodie, requesting free charge, the transcript of the January 29, 2019 hearing conducted in the Southern District of California. (Piper, Francine) (Entered: 04/28/2022)
4/27/2022Letter Requesting Briefing Schedule as to Andre Wilburn (Silverberg, Eric) (Entered: 04/27/2022)
4/27/2022Letter as to Andre Wilburn (Gregory, Samuel) (Entered: 04/27/2022)
4/21/2022MANDATE of USCA (certified copy) as to Andre Wilburn re 55 Notice of Appeal - Interlocutory. Appellant moves to withdraw this appeal. IT IS HEREBY ORDERED that the motion is GRANTED. Issued as Mandate: 4/21/2022. USCA# 21-2968. (Jones, Vasean) (Entered: 04/21/2022)
4/20/2022Letter dated 4/17/2022 to Chief Judge Brodie from Andre Wilburn, Pro Se re violations. (Lee, Tiffeny) (Entered: 04/21/2022)
4/15/2022Letter dated April 12, 2022 from Andre Wilburn to Clerk of Court, requesting to correct clerical errors. (Piper, Francine) (Entered: 04/18/2022)
4/15/2022Letter dated April 12, 2022 from Andre Wilburn to Judge Brodie, asserting constitutional and statutory speedy trial rights. (Piper, Francine) (Entered: 04/18/2022)
4/13/2022Letter dated April 10, 2022 from Andre Wilburn to Judge Brodie, requesting a speedy trial pursuant to the speedy trial clause of the sixth amendment to the United States Constitution and the Speedy Trial Act of 1974, 18 USC 3161-3174. (Piper, Francine) (Entered: 04/14/2022)
4/6/2022ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 4/6/2022 until 6/10/2022. Ordered by Chief Judge Margo K. Brodie on 4/6/2022. (Valentin, Winnethka) (Entered: 04/06/2022)
4/6/2022Status Conference as to Andre Wilburn was held on April 6, 2022. AUSA Eric Silverberg appeared on behalf of the government. Samuel Gregory and Zachary Taylor appeared on behalf of Mr. Wilburn. Defense counsel will file a motion to suppress by May 1, 2022. The government's response shall be filed by May 23, 2022; and defendant's reply, if any, shall be filed by May 30, 2022. The Court directed defense counsel to discuss with Mr. Wilburn his mandamus petition and request to proceed in forma pauperis. The Court will provide Mr. Wilburn with a copy of the transcript for today's conference. The Court scheduled a status conference for June 10, 2022, at 10:30 AM and will let the parties know available trial dates at the next status conference. The Court excluded time between April 6, 2022, and June 10, 2022, in the interests of justice. (Court Reporter Denise Parisi.) (Valentin, Winnethka) (Entered: 04/06/2022)
4/6/2022NOTICE OF ATTORNEY APPEARANCE: Zachary Stewart Taylor appearing for Andre Wilburn (Taylor, Zachary) (Entered: 04/06/2022)
4/4/2022Letter as to Andre Wilburn (Silverberg, Eric) (Entered: 04/04/2022)
4/1/2022Letter dated March 28, 2022 from Andre Wilburn to the Judge Brodie, advising that defendant was never interested in pursuing plea negotiations, and defendant wishes to assert the constitutional and statutory right to a speedy trial. (Piper, Francine) (Entered: 04/04/2022)
3/31/2022SCHEDULING ORDER as to Andre Wilburn. Status Conference set for 4/6/2022 at 10:30 AM before Chief Judge Margo K. Brodie. Ordered by Chief Judge Margo K. Brodie on 3/31/2022. (Valentin, Winnethka) (Entered: 03/31/2022)
3/28/2022Letter dated March 23, 2022 from Andre Wilburn to Judge Brodie, seeking emergency relief from the second circuit court of appeals in the form of a writ of mandamus pursuant to rule 21 of the federal rules of appellate procedure. (Piper, Francine) (Entered: 03/30/2022)
3/28/2022Letter dated March 23, 2022 from Andre Wilburn to Clerk of Court, requesting in forma pauperis status for the writ of mandamus. (Piper, Francine) (Entered: 03/30/2022)
3/28/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Andre Wilburn held on April 23, 2020, before Judge Roanne L. Mann. Court Reporter/Transcriber Linda A. Marino, Telephone number 718-613-2484. Email address: lindacsr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/18/2022. Redacted Transcript Deadline set for 4/28/2022. Release of Transcript Restriction set for 6/26/2022. (Marino, Linda) (Entered: 03/28/2022)
3/25/2022Letter adjournment request as to Andre Wilburn (Gregory, Samuel) (Entered: 03/25/2022)
3/22/2022NOTICE OF ATTORNEY APPEARANCE Eric W. Silverberg appearing for USA. (Silverberg, Eric) (Entered: 03/22/2022)
3/18/2022Letter dated March 15, 2022 to Chief Judge Brodie from Andre Wilburn, requesting a speedy trial in both cases. (Piper, Francine) (Entered: 03/21/2022)
3/15/2022ORDER as to Andre Wilburn. The Court denies as moot in view of the Court's March 14, 2022 Order Defendant's 86 Letter dated 3/10/2022 requesting that the court permit hybrid representation. Ordered by Chief Judge Margo K. Brodie on 3/15/2022. (Bacchi, Joseph) (Entered: 03/15/2022)
3/14/2022Letter dated 3/10/2022 to Chief Judge Brodie from Andre Wilburn regarding the government's failure to proceed to trial. (Lee, Tiffeny) (Entered: 03/15/2022)
3/14/2022Letter dated 3/10/2022 to Chief Judge Brodie from Andre Wilburn requesting that the court permit hybrid representation. (Lee, Tiffeny) (Entered: 03/15/2022)
3/14/2022ORDER as to Andre Wilburn. For the reasons discussed in the attached Order, the Court denies Defendant's recent motions 79 asserting his right to a speedy trial and 81 to dismiss the Superseding Indictment. However, the Court grants Defendant's 80 counseled request for an extension until May 1, 2022, to file his suppression motion and also grants his 82 request for free copies of certain transcripts. In addition, the Court directs Defendant to file all further motions through counsel. Ordered by Chief Judge Margo K. Brodie on 3/14/2022. (Bacchi, Joseph) (Entered: 03/14/2022)
3/14/2022TRANSCRIPT of Proceedings as to Andre Wilburn held on February 19, 2019, before Judge Kuo. Court Transcriber: Abba Reporting. Email address: abbareporting@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/4/2022. Redacted Transcript Deadline set for 4/14/2022. Release of Transcript Restriction set for 6/12/2022. (Rocco, Christine) (Entered: 03/14/2022)
3/10/2022Letter to Chief Judge Brodie from Andre Wilburn re: the government's withholding of evidence. (Lee, Tiffeny) (Entered: 03/15/2022)
3/7/2022Letter dated March 3, 2022 from Andre Wilburn to Clerk of Court, requesting transcripts free of cost for dates of (1) February 19, 2019 - Case No. 19 CR 108 and 19 Cr 139; (2) April 30, 2020 - Case No. 19 CR 108 and 19 CR 139; (3) September 30, 2021 - Case No. 19 CR 139; (4) November 10, 2021 - Case No. 19 CR 108 and (5) January 12, 2022 - Case No. 19 CR 139. (Piper, Francine) (Entered: 03/08/2022)
3/7/2022Letter MOTION to Dismiss All Counts In the Superseding Indictment Returned on April 22, 2029 With Prejudice by Andre Wilburn. (Piper, Francine) (Entered: 03/08/2022)
3/4/2022Letter adjournment request as to Andre Wilburn (Gregory, Samuel) (Entered: 03/04/2022)
3/3/2022Letter dated February 28, 2022 from Andre Wilburn to Judge Brodie, requesting a speedy trial pursuant to the sixth amendment speedy trial clause of the United States constitution and the statutory speedy trial act of 1974 enacted by congress. (Piper, Francine) (Entered: 03/03/2022)
2/17/2022ORDER denying 77 Letter re: speedy trial assertion and 76 Letter re defendant's pro se motions and granting 75 Letter requesting free copy of 1/26/22 transcript and 74 Letter adjournment request. For the reasons discussed in the Court's 60 ORDER dated December 30, 2021, the Court declines to exercise its discretion to permit hybrid representation and denies without prejudice to later presentation through counsel Mr. Wilburn's pro se letter motions asserting his right to a speedy trial and requesting that the Court consider his prior pro se motions despite its December 30, 2021 Order. The Court will mail a free copy of the 1/26/22 transcript to Mr. Wilburn. In addition, the Court grants counsel's requests for a five-week extension to file Mr. Wilburn's motion to suppress and to allow Mr. Wilburn to appear virtually at the March 29, 2022 status conference. Defendant's motion shall be filed on or before March 30, 2022. Ordered by Chief Judge Margo K. Brodie on 2/17/2022. (Valentin, Winnethka) (Entered: 02/17/2022)
2/16/2022Letter dated February 13, 2022 from Andre Wilburn to Judge Brodie, reporting a fraud upon the tribunal perpetrated by special assistant united states attorney virginia nguyen. (Piper, Francine) (Entered: 02/18/2022)
2/15/2022Letter to Judge Brodie from Andre Wilburn re: speedy trial assertion - sixth amendment. (Lee, Tiffeny) (Entered: 02/15/2022)
2/15/2022Letter adjournment request as to Andre Wilburn (Gregory, Samuel) (Entered: 02/15/2022)
2/14/2022Letter to Judge Brodie from Andre Wilburn re defendant's pro se motions. (Lee, Tiffeny) (Entered: 02/15/2022)
2/11/2022Letter requesting free copy of 1/26/22 copy of transcript as to Andre Wilburn. (Lee, Tiffeny) (Entered: 02/15/2022)
2/3/2022CJA 20 Co-counsel Zachary Taylor. Ordered by Chief Judge Margo K. Brodie on 2/3/2022. (Valentin, Winnethka) (Entered: 02/03/2022)
2/3/2022ORDER granting 72 Letter request for co-counsel as to Andre Wilburn. Ordered by Chief Judge Margo K. Brodie on 2/3/2022. (Valentin, Winnethka) (Entered: 02/03/2022)
2/3/2022Letter request for co-counsel as to Andre Wilburn (Gregory, Samuel) (Entered: 02/03/2022)
1/31/2022ORDER as to Andre Wilburn. Defendant Andre Wilburn, registry number 73608-298, is currently detained pending trial at the Metropolitan Detention Center ("MDC") and assisting defense counsel in preparing a motion to suppress. The Court directs the MDC to provide Mr. Wilburn increased time at the unit law library. Ordered by Chief Judge Margo K. Brodie on 1/31/2022. (Valentin, Winnethka) (Entered: 01/31/2022)
1/27/2022Letter as to Andre Wilburn (Gregory, Samuel) (Entered: 01/27/2022)
1/27/2022ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 1/26/2022 until 3/29/2022. Ordered by Chief Judge Margo K. Brodie on 1/26/2022. (Valentin, Winnethka) (Entered: 01/27/2022)
1/26/2022Status Conference as to Andre Wilburn was held on January 26, 2022. AUSA Virginia Nguyen appeared on behalf of the government. Samuel Gregory appeared on behalf of Mr. Wilburn. Defense counsel notified the Court that he will be filing a motion to suppress. The Court established the following motion schedule: defendants motion shall be filed by February 23, 2022; the government's response shall be filed by March 9, 2022; and defendant's reply, if any, shall be filed by March 16, 2022. The Court directed the government to investigate the searches of defendant's cell that were conducted on December 22, 2021, and January 2, 2022, and to determine why defendant's documents were discarded. The Court ordered the MDC to return to Mr. Wilburn any written materials taken during these searches and to refrain from discarding such materials in future searches. Defense counsel shall file a proposed order requesting permission for his client to be allowed additional time in the unit library. The Court scheduled a status conference for March 29, 2022, at 10:30 AM in Courtroom 6F North. The Court excluded time between January 26, 2022, and March 29, 2022, in the interests of justice.(Court Reporter David Roy.) (Valentin, Winnethka) (Entered: 01/27/2022)
1/24/2022ORDER as to Andre Wilburn, that Special Agents with HSI are permitted to take custody of Andre Wilburn, Register Number 73608-298, from the MDC on Monday, January 24, 2022, and return him to the MDC before 6:00 p.m. that day. Ordered by Magistrate Judge James R. Cho on 1/21/2022. (Attachments: # 1 Application) (Piper, Francine) (Entered: 01/24/2022)
1/20/2022ORDER: Due to a conflict in the Court's calendar, the status conference scheduled for January 20, 2022, is RESCHEDULED to January 26, 2022, at 11:00 am. Ordered by Chief Judge Margo K. Brodie on 1/20/2022. (Valentin, Winnethka) (Entered: 01/20/2022)
1/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Andre Wilburn held on November 10, 2021, before Judge Margo K. Brodie. Court Reporter/Transcriber Sophie Nolan, Telephone number 718-613-2622. Email address: NolanEDNY@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/10/2022. Redacted Transcript Deadline set for 2/20/2022. Release of Transcript Restriction set for 4/20/2022. (Nolan, Sophie) (Entered: 01/20/2022)
1/13/2022ORDER denying 66 Letter dated January 4, 2020 from Andre Wilburn to Judge Brodie, requesting temporary release pursuant to 18 USC 3142(i). For the reasons discussed in the Court's 60 ORDER dated December 30, 2021, the Court declines to exercise its discretion to permit hybrid representation and denies without prejudice to later presentation through counsel Mr. Wilburn's pro se letter motion requesting temporary release. Ordered by Chief Judge Margo K. Brodie on 1/13/2022. (Bacchi, Joseph) (Entered: 01/13/2022)
1/11/2022ORDER denying 65 Supplemental MOTION to Dismiss the Superseding Indictment. For the reasons discussed in the Court's 60 ORDER dated December 30, 2021, the Court declines to exercise its discretion to permit hybrid representation and denies without prejudice to later presentation through counsel Mr. Wilburn's pro se supplemental motion to dismiss the superseding indictment. Ordered by Chief Judge Margo K. Brodie on 1/11/2022. (Bacchi, Joseph) (Entered: 01/11/2022)
1/10/2022Letter dated January 4, 2022 from Andre Wilburn to the Clerk of Court, requesting that the letter motion be returned after it is filed with court, and that envelope is marked with "legal mail-open in presence of the inmate". (Piper, Francine) (Entered: 01/12/2022)
1/10/2022Letter dated January 4, 2022 from Andre Wilburn to Judge Brodie, requesting temporary release pursuant to 18 USC 3142(i). (Piper, Francine) Modified on 1/13/2022 to correct date of letter (Piper, Francine). (Entered: 01/12/2022)
1/10/2022ORDER denying 63 Letter dated December 21, 2021 from Andre Wilburn to Judge Brodie, requesting speedy trial pursuant to the sixth amendment to the United States Constitution and 64 Letter dated December 23, 2021 from Andre Wilburn to the Clerk of Court, requesting in forma pauperis status for pending criminal cases. For the reasons discussed in the Court's 60 ORDER dated December 30, 2021, the Court declines to exercise its discretion to permit hybrid representation and denies without prejudice to later presentation through counsel Mr. Wilburn's pro se motions: (1) asserting his right to a speedy trial and (2) requesting in forma pauperis status. Ordered by Chief Judge Margo K. Brodie on 1/10/2022. (Valentin, Winnethka) (Entered: 01/10/2022)
1/7/2022Supplemental MOTION to Dismiss the Superseding Indictment by Andre Wilburn. (Piper, Francine) (Entered: 01/10/2022)
1/5/2022ORDER denying 61 MOTION to Dismiss All Counts of the Superseding Indictment and 62 Letter MOTION for Return of Property/PreTrial. For the reasons discussed in the Court's 60 ORDER dated December 30, 2021, the Court declines to exercise its discretion to permit hybrid representation and denies without prejudice to later presentation through counsel Mr. Wilburn's pro se motions: (1) to dismiss the Superseding Indictment and (2) for the return of property. Ordered by Chief Judge Margo K. Brodie on 1/5/2022. (Valentin, Winnethka) (Entered: 01/05/2022)
12/30/2021ORDER denying 58 Motion to Reduce Sentence as to Andre Wilburn and re 56 Letter dated November 28, 2021. For the reasons discussed in the attached Order, the Court declines to exercise its discretion to permit hybrid representation and denies without prejudice to later presentation through counsel Mr. Wilburn's pro se motions: (1) asserting his right to speedy trial; (2) objecting to the continuance granted on November 10, 2021 until January 21, 2022; and (3) for bail pursuant to 18 U.S.C. § 3164. Ordered by Chief Judge Margo K. Brodie on 12/30/2021. (Shane, Elisabeth) (Entered: 12/30/2021)
12/29/2021Letter dated December 23, 2021 from Andre Wilburn to the Clerk of Court, requesting in forma pauperis status for pending criminal cases. (Piper, Francine) Modified on 1/5/2022 (Valentin, Winnethka). (Entered: 01/04/2022)
12/28/2021Letter dated December 21, 2021 from Andre Wilburn to Judge Brodie, requesting speedy trial pursuant to the sixth amendment to the United States Constitution. (Piper, Francine) Modified on 1/5/2022 (Valentin, Winnethka). (Entered: 01/04/2022)
12/28/2021Letter MOTION for Return of Property/PreTrial by Andre Wilburn. (Piper, Francine) (Entered: 01/04/2022)
12/28/2021 MOTION to Dismiss All Counts of Superseding Indictment by Andre Wilburn. (Piper, Francine) (Entered: 01/04/2022)
12/13/2021Letter dated 12/6/2021 to Chief Judge Brodie and Judge Dearie from Andre Wilburn regarding his Court appointed attorney, Samuel Gregory. Defendant also writes to object to Judge Dearie's sua sponte continuance granted on 12/2/2021. Defendant would like to 'assert his Sixth Amendment speedy trial right in both cases.'(See letter for details) (Tavarez, Jennifer) (Entered: 12/21/2021)
12/8/2021Letter in response to defendant's letter motion DK 56 as to Andre Wilburn (Gregory, Samuel) (Entered: 12/08/2021)
12/6/2021Letter MOTION to Reduce Sentence /Release by Andre Wilburn. (Tavarez, Jennifer) (Entered: 12/08/2021)
12/3/2021ORDER re 56 Letter as to Andre Wilburn. Defense counsel shall notify the Court whether he adopts 56 letter motion objecting to November 10, 2021 continuance and otherwise, how defense counsel wishes to proceed on or before December 7, 2021. Ordered by Chief Judge Margo K. Brodie on 12/3/2021. (Valentin, Winnethka) (Entered: 12/03/2021)
12/2/2021Electronic Index to Record on Appeal as to Andre Wilburn sent to US Court of Appeals 55 Notice of Appeal - Interlocutory Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) (Entered: 12/02/2021)
12/1/2021Letter dated November 28, 2021 from Andre Wilburn to Judge Brodie, requesting to assert the constitutional speedy trial right, and objecting to the duration of the court's November 10, 2021 sua sponte continuance. (Piper, Francine) (Entered: 12/02/2021)
12/1/2021NOTICE OF APPEAL (Interlocutory) by Andre Wilburn re Order on Motion for Hearing, Bond Hearing. (Jones, Vasean) (Entered: 12/02/2021)
11/10/2021ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 11/10/2021 until 1/21/2022. Ordered by Chief Judge Margo K. Brodie on 11/10/2021. (Valentin, Winnethka) (Entered: 11/10/2021)
11/10/2021Status Conference as to Andre Wilburn was held on November 10, 2021. AUSA Virginia Nguyen appeared on behalf of the government. Samuel Gregory appeared on behalf of Mr. Wilburn. The Court heard arguments regarding 48 motion for bail. Mr. Wilburns motion 48 was DENIED with leave to renew. In order to give newly appointed counsel sufficient time to familiarize himself with the case the status conference is adjourned until January 21, 2022 at 10:00 AM. The Court will exclude time between November 10, 2021 and January 21, 2022.(Court Reporter Sophie Nolan.) (Valentin, Winnethka) (Entered: 11/10/2021)
11/8/2021REPLY TO RESPONSE to Motion re 48 Letter MOTION for Hearing (Bail) and Conference (Gregory, Samuel) (Entered: 11/08/2021)
11/3/2021ORDER re 48 Letter MOTION for Bail as to Andre Wilburn. Counsel for Mr.Wilburn shall file a response on or before November 8, 2021. Ordered by Chief Judge Margo K. Brodie on 11/3/2021. (Valentin, Winnethka) (Entered: 11/03/2021)
10/29/2021Letter dated October 25, 2021 from Andre Wilburn to Judge Brodie, in response to former counsel Carlos Santiago's letter dated October 5, 2021 advising that there was no breakdown in communications between defendant and attorney. (Piper, Francine) (Entered: 11/03/2021)
10/29/2021RESPONSE in Opposition re 48 Letter MOTION for Hearing (Bail) and Conference (Nguyen, Virginia) (Entered: 10/29/2021)
10/21/2021ORDER granting 51 Motion for Extension of Time to File Response/Reply as to Andre Wilburn. Ordered by Chief Judge Margo K. Brodie on 10/21/2021. (Valentin, Winnethka) (Entered: 10/21/2021)
10/20/2021 MOTION for Extension of Time to File Response/Reply letter motion for bail (document 48) by USA as to Andre Wilburn. (Polemeni, Robert) (Entered: 10/20/2021)
10/18/2021ORDER re 48 Letter MOTION for Hearing (Bail) as to Andre Wilburn. The government shall file a response on or before October 22, 2021. Ordered by Chief Judge Margo K. Brodie on 10/18/2021. (Valentin, Winnethka) (Entered: 10/18/2021)
10/6/2021CJA 20 as to Andre Wilburn: Appointment of Attorney Samuel Gregory for Andre Wilburn. (Valentin, Winnethka) (Entered: 10/06/2021)
10/6/2021ORDER granting 49 Motion to Withdraw as Attorney. Carlos M Santiago withdrawn from case. Samuel Gregory is appointed as CJA counsel. Ordered by Chief Judge Margo K. Brodie on 10/6/2021. (Valentin, Winnethka) (Entered: 10/06/2021)
10/5/2021First MOTION to Withdraw as Attorney request to be relieved by Carlos M. Santiago, Jr.. by Andre Wilburn. (Santiago, Carlos) (Entered: 10/05/2021)
9/29/2021Letter MOTION for Hearing (Bail) and Conference by Andre Wilburn. (Attachments: # 1 Exhibits A-O, # 2 Mailing Envelope) (Piper, Francine) (Entered: 10/04/2021)
8/27/2021Letter in response to Mr. Wilburn's Pro Se letter. as to Andre Wilburn (Santiago, Carlos) (Entered: 08/27/2021)
8/24/2021ORDER. Mr. Wilburn filed a letter with the Court seeking a copy of the grand jury minutes, or in the alternative, dismissal of the indictment. Mr. Wilburn is represented by counsel. Counsel is directed to review Mr. Wilburn's submission with him, and inform the Court whether Mr. Wilburn will proceed with his request. Ordered by Chief Judge Margo K. Brodie on 8/24/2021. (Valentin, Winnethka) (Entered: 08/24/2021)
8/19/2021Letter dated August 9, 20201 from Andre Wilburn to Judge Brodie, requesting to inspect and copy the entire transcript and minutes of the Grand Jury indictment returned on February 28, 2019, or in the alternative dismissal of the indictment with prejudice. (Piper, Francine) (Entered: 08/23/2021)
8/2/2021ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 8/11/2021 until 11/10/2021. Ordered by Chief Judge Margo K. Brodie on 8/2/2021. (Valentin, Winnethka) (Entered: 08/02/2021)
8/2/2021ORDER granting 45 Motion to Continue as to Andre Wilburn. Status conference set for November 10, 2021 at 10:30 a.m. The parties are directed to call 1-888-684-8852 using access code 9801036. If any party has any difficulty accessing the telephone conference, please contact chambers at 718-613-2140. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Ordered by Chief Judge Margo K. Brodie on 8/2/2021. (Valentin, Winnethka) (Entered: 08/02/2021)
8/2/2021Consent MOTION to Continue by Andre Wilburn. (Santiago, Carlos) (Entered: 08/02/2021)
7/27/2021RESPONSE to Motion re 42 MOTION for Return of Property/PreTrial , 43 Letter MOTION for Return of Property/PreTrial , 41 Letter MOTION for Return of Property/PreTrial (Nguyen, Virginia) (Entered: 07/27/2021)
7/20/2021Letter MOTION for Return of Property/PreTrial by Andre Wilburn. (Piper, Francine) (Entered: 07/20/2021)
7/19/2021ORDER re 42 MOTION for Return of Property/PreTrial filed by Andre Wilburn. The government is directed to respond to the 42 Motion for Return of Property on or before July 26, 2021. Ordered by Chief Judge Margo K. Brodie on 7/19/2021. (Valentin, Winnethka) (Entered: 07/19/2021)
7/15/2021 MOTION for Return of Property/PreTrial by Andre Wilburn. (Brown, Marc) (Entered: 07/16/2021)
7/14/2021ORDER re 41 as to Andre Wilburn. The government is directed to respond to the 41 Letter motion for Return of Property/PreTrial by July 28, 2021. Ordered by Chief Judge Margo K. Brodie on 7/14/2021. (Valentin, Winnethka) (Entered: 07/14/2021)
7/8/2021ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 7/14/2021 until 8/11/2021. Ordered by Chief Judge Margo K. Brodie on 7/8/2021. (Valentin, Winnethka) (Entered: 07/08/2021)
7/8/2021ORDER granting 40 Motion to Continue as to Andre Wilburn. Status conference set for August 11, 2021 at 10:30 a.m. The parties are directed to call 1-888-684-8852 using access code 9801036. If any party has any difficulty accessing the telephone conference, please contact chambers at 718-613-2140. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Ordered by Chief Judge Margo K. Brodie on 7/8/2021. (Valentin, Winnethka) (Entered: 07/08/2021)
7/7/2021Consent MOTION to Continue by Andre Wilburn. (Santiago, Carlos) (Entered: 07/07/2021)
6/15/2021Letter MOTION for Return of Property/PreTrial by Andre Wilburn. (Piper, Francine) (Entered: 07/14/2021)
6/9/2021ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 6/9/2021 until 7/14/2021. Ordered by Chief Judge Margo K. Brodie on 6/9/2021. (Valentin, Winnethka) (Entered: 06/09/2021)
6/9/2021Status Conference as to Andre Wilburn was held on June 9, 2021. AUSA Virginia Nguyen appeared on behalf of the government. Carlos Santiago appeared on behalf of Mr. Wilburn. In order to give newly appointed counsel sufficient time to familiarize himself with the case and a related case before Judge Raymond J Dearie, the status conference is adjourned until July 14, 2021 at 12:00PM. The Court will exclude time between June 9, 2021 and July 14, 2021 in the interests of justice. The parties are directed to call 1-888-684-8852 using access code 9801036. If any party has any difficulty accessing the telephone conference, please contact chambers at 718-613-2140. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. (Court Reporter Georgette Bettts.) (Valentin, Winnethka) (Entered: 06/09/2021)
5/13/2021ORDER granting 39 as to Andre Wilburn. Status conference was scheduled for June 9, 2021 at noon. The parties are directed to call 1-888-684-8852 using access code 9801036. If any party has any difficulty accessing the telephone conference, please contact chambers at 718-613-2140. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.. Ordered by Chief Judge Margo K. Brodie on 5/13/2021. (Valentin, Winnethka) (Entered: 05/13/2021)
5/13/2021Letter Requesting adjournment of status conference as to Andre Wilburn (Santiago, Carlos) (Entered: 05/13/2021)
5/13/2021NOTICE OF ATTORNEY APPEARANCE: Carlos M Santiago appearing for Andre Wilburn (Santiago, Carlos) (Entered: 05/13/2021)
5/12/2021CJA 20 as to Andre Wilburn. Ordered by Chief Judge Margo K. Brodie on 5/12/2021. (Valentin, Winnethka) (Main Document 37 replaced on 5/13/2021) (Lee, Tiffeny). (Entered: 05/12/2021)
5/12/2021ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 5/12/2021 until 5/19/2021. Ordered by Chief Judge Margo K. Brodie on 5/12/2021. (Valentin, Winnethka) (Entered: 05/12/2021)
5/12/2021Status Conference as to Andre Wilburn was held on May 12, 2021. AUSA Virginia Nguyen appeared on behalf of the government. James Darrow appeared on behalf of Mr. Wilburn. Mr. Darrow is relieved as defense counsel. The Court appoints Mr. Santiago to represent Mr. Wilburn. A status conference was scheduled for May 19, 2021 at noon. The parties are directed to call 1-888-684-8852 using access code 9801036. If any party has any difficulty accessing the telephone conference, please contact chambers at 718-613-2140. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. (Court Reporter Georgette Betts.) (Valentin, Winnethka) (Entered: 05/12/2021)
5/10/2021ORDER granting 36 Motion to Continue as to Andre Wilburn. Defense motion to suppress shall be filed by June 10, 2021; the government's response shall be filed by July 12, 2021 and the defendant's reply, if any, shall be filed by July 26, 2021. Ordered by Chief Judge Margo K. Brodie on 5/10/2021. (Valentin, Winnethka) (Entered: 05/10/2021)
5/10/2021Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 05/10/2021)
4/9/2021ORDER granting 35 Motion to Continue as to Andre Wilburn. Defense motion to suppress shall be filed by May 10, 2021; the government's response shall be filed by June 10, 2021 and the defendant's reply, if any, shall be filed by June 24, 2021. Ordered by Chief Judge Margo K. Brodie on 4/9/2021. (Valentin, Winnethka) (Entered: 04/09/2021)
4/8/2021Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 04/08/2021)
3/15/2021Letter MOTION to Appoint Counsel (Additional Counsel) by Andre Wilburn. (Piper, Francine) (Entered: 03/18/2021)
3/5/2021ORDER granting 33 Motion to Continue as to Andre Wilburn. Defense motion to suppress shall be filed by April 8, 2021; the government's response shall be filed by May 10, 2021 and the defendant's reply, if any, shall be filed by May 24, 2021. Ordered by Chief Judge Margo K. Brodie on 3/5/2021. (Valentin, Winnethka) (Entered: 03/05/2021)
3/5/2021Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 03/05/2021)
2/9/2021ORDER granting 32 Motion to Continue as to Andre Wilburn. Defense motion to suppress shall be filed by March 8, 2021; the government's response shall be filed by April 8, 2021 and the defendant's reply, if any, shall be filed by April 22, 2021. Ordered by Chief Judge Margo K. Brodie on 2/9/2021. (Valentin, Winnethka) (Entered: 02/09/2021)
2/8/2021Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 02/08/2021)
1/4/2021ORDER granting 31 Motion to Continue as to Andre Wilburn. Defense motion to suppress shall be filed by February 8, 2021; the government's response shall be filed by March 8, 2021 and the defendant's reply, if any, shall be filed by March 22, 2021. Ordered by Judge Margo K. Brodie on 1/4/2021. (Valentin, Winnethka) (Entered: 01/04/2021)
1/4/2021Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 01/04/2021)
12/5/2020RESPONSE to Motion re 29 Emergency MOTION for Medical Treatment (Nguyen, Virginia) (Entered: 12/05/2020)
12/4/2020ORDER. The government is directed to respond to counsel's letter no later than 5 PM on December 5, 2020 and to explain why Mr. Wilburn has not received medical attention. Ordered by Judge Margo K. Brodie on 12/4/2020. (Valentin, Winnethka) (Entered: 12/04/2020)
12/4/2020Emergency MOTION for Medical Treatment by Andre Wilburn. (Darrow, James) (Entered: 12/04/2020)
12/2/2020ORDER granting 28 Motion to Continue as to Andre Wilburn. Defense motion to suppress shall be filed by January 7, 2021; the government's response shall be filed by February 8, 2021 and the defendant's reply, if any, shall be filed by February 27, 2021. Ordered by Judge Margo K. Brodie on 12/2/2020. (Valentin, Winnethka) (Entered: 12/02/2020)
12/1/2020Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 12/01/2020)
11/3/2020ORDER granting 27 Motion to Continue as to Andre Wilburn. Defense motion to suppress shall be filed by December 7, 2020; the government's response shall be filed by January 7, 2020 and the defendant's reply, if any, shall be filed by January 21, 2020. Ordered by Judge Margo K. Brodie on 11/3/2020. (Valentin, Winnethka) (Entered: 11/03/2020)
11/2/2020Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 11/02/2020)
10/2/2020ORDER granting 26 Motion to Continue as to Andre Wilburn. Defense motion to suppress shall be filed by November 5, 2020; the government's response shall be filed by December 7, 2020 and the defendant's reply, if any, shall be filed by December 21, 2020. Ordered by Judge Margo K. Brodie on 10/2/2020. (Valentin, Winnethka) (Entered: 10/02/2020)
10/2/2020Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 10/02/2020)
9/3/2020ORDER granting 25 Motion to Continue as to Andre Wilburn. Defense motion to suppress shall be filed by October 5, 2020; the government's response shall be filed by November 5, 2020 and the defendant's reply, if any, shall be filed by November 19, 2020. Ordered by Judge Margo K. Brodie on 9/3/2020. (Valentin, Winnethka) (Entered: 09/03/2020)
9/3/2020Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 09/03/2020)
8/3/2020ORDER granting 24 Motion to Continue as to Andre Wilburn. Defense motion to suppress shall be filed by September 3, 2020; the government's response shall be filed by October 3, 2020 and the defendant's reply, if any, shall be filed by October 17, 2020 Ordered by Judge Margo K. Brodie on 8/3/2020. (Valentin, Winnethka) (Entered: 08/03/2020)
7/31/2020Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 07/31/2020)
7/6/2020ORDER granting 23 Motion to Continue as to Andre Wilburn. Defense motion to suppress shall be filed by August 3, 2020; the government's response shall be filed by September 3, 2020 and the defendant's reply, if any, shall be filed by September 17, 2020. Ordered by Judge Margo K. Brodie on 7/6/2020. (Valentin, Winnethka) (Entered: 07/06/2020)
7/6/2020Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 07/06/2020)
6/2/2020ORDER granting 22 Motion to Continue as to Andre Wilburn. Status conference adjourned sine die. Defense motion to suppress due by July 3, 2020; government response due by August 3, 2020; defense reply due by August 14, 2020. Ordered by Judge Margo K. Brodie on 6/2/2020. (Valentin, Winnethka) (Entered: 06/02/2020)
6/2/2020Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 06/02/2020)
5/4/2020ORDER granting 21 proposed motion schedule as to Andre Wilburn. Defense motion to suppress due by June 3, 2020; government response due by July 3, 2020; defense reply due by July 17, 2020. Ordered by Judge Margo K. Brodie on 5/4/2020. (Valentin, Winnethka) (Entered: 05/04/2020)
5/4/2020Letter proposing motion calendar as to Andre Wilburn (Darrow, James) (Entered: 05/04/2020)
4/29/2020ORDER granting 20 Motion to Continue as to Andre Wilburn. Status conference set for June 10, 2020 at 10:00 AM in Courtroom 6F North before Judge Margo K. Brodie. The parties shall submit a proposed motion schedule by May 4, 2020. Ordered by Judge Margo K. Brodie on 4/29/2020. (Valentin, Winnethka) (Entered: 04/29/2020)
4/29/2020Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 04/29/2020)
4/23/2020Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann: Detention Hearing as to Andre Wilburn held on 4/23/2020. All parties appeared via teleconference. Defense counsel waived dft's appearance. Pretrial Officer Celine Ferguson appeared via teleconference. Defense counsel presented a bail package with 2 sureties citing the conditions at the MDC; Govt opposed based on defendant's guilty plea in one of his cases possibly increasing dft's risk of flight and danger to the community on the other case. Court denied the application. Order of Detention remains in effect. AUSA Virginia Nguyen; Defense Counsel, James Darrow. (Court Reporter Linda Marino.) (Piper, Francine) (Entered: 04/24/2020)
4/22/2020RESPONSE in Opposition re 17 MOTION for Release from Custody (Nguyen, Virginia) (Entered: 04/22/2020)
4/17/2020 MOTION for Release from Custody by Andre Wilburn. (Darrow, James) (Entered: 04/17/2020)
3/25/2020ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 4/3/2020 until 5/7/2020. Ordered by Judge Margo K. Brodie on 3/25/2020. (Valentin, Winnethka) (Entered: 03/25/2020)
3/25/2020ORDER granting 16 Motion to Continue as to Andre Wilburn. Status conference set for May 7, 2020 at 10:00 AM in Courtroom 6F North before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 3/25/2020. (Valentin, Winnethka) (Entered: 03/25/2020)
3/25/2020Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 03/25/2020)
3/4/2020ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 3/5/2020 until 4/3/2020. Ordered by Judge Margo K. Brodie on 3/4/2020. (Valentin, Winnethka) (Entered: 03/04/2020)
3/4/2020ORDER granting 15 Motion to Continue as to Andre Wilburn. Status conference set for April 3, 2020 at 10:00 AM in Courtroom 6F North before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 3/4/2020. (Valentin, Winnethka) (Entered: 03/04/2020)
3/4/2020Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 03/04/2020)
2/5/2020ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn Time excluded from 2/5/2020 until 3/5/2020.Ordered by Judge Margo K. Brodie on 2/5/2020. (Almonte, Kelly) (Entered: 02/05/2020)
2/5/2020Status Conference as to Andre Wilburn was held on February 5, 2020 before Judge Margo K. Brodie: AUSA Virginia Nguyen appeared on behalf of the government; Federal Defenders of New York by James Darrow appeared on behalf of Mr.Wilburn. Defense counsel informed the Court that forensic review has been completed. The parties will be prepared to set a motion schedule at the next status conference. Defense counsel will reach out to D.O.I. legal department regarding defendant's property. The case is adjourned until March 5, 2020 at 10:00 AM in Courtroom 6F North before Judge Margo K. Brodie. Time is excluded from February 5, 2020 to March 5, 2020 (Court Reporter Stacey Mace.) (Almonte, Kelly) (Entered: 02/05/2020)
11/27/2019ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn. Time excluded from 11/26/2019 until 2/5/2020. Ordered by Judge Margo K. Brodie on 11/27/2019. (Valentin, Winnethka) (Entered: 11/27/2019)
11/26/2019Status Conference as to Andre Wilburn was held on November 26, 2019 before Judge Margo K. Brodie: AUSA Virginia Nguyen appeared on behalf of the government; Appointed counsel from Federal Defenders James Darrow appeared on behalf of defendant (in custody). Case called. Discussion held. The parties requested additional time to create a motion schedule due to ongoing discovery. Next Status Conference set for February 5, 2020 at 9:30 AM in Courtroom 6F North before Judge Margo K. Brodie. Time is excluded from November 26, 2019 to February 5, 2020. (Court Reporter Linda Marino) (O'Neil-Berven, Ryan) (Valentin, Winnethka) (Entered: 11/27/2019)
10/25/2019ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn Time excluded from 10/29/2019 until 11/26/2019. Ordered by Judge Margo K. Brodie on 10/25/2019. (Valentin, Winnethka) (Entered: 10/25/2019)
10/25/2019ORDER granting 14 Motion to Continue as to Andre Wilburn. Status conference set for November 26, 2019 at 10:00 AMm in Courtroom 6F North before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 10/25/2019. (Valentin, Winnethka) (Entered: 10/25/2019)
10/24/2019Consent MOTION to Continue by Andre Wilburn. (Darrow, James) (Entered: 10/24/2019)
8/27/2019Status Conference as to Andre Wilburn was held on August 27, 2019 before Judge Margo K. Brodie: AUSA Virginia Nguyen appeared on behalf of the government; Appointed counsel from Federal Defenders James Darrow and Ping Liu, intern, appeared on behalf of defendant (in custody). Case called. Discussion held. The parties requested an additional 60 days to finish reviewing discovery. Next Status Conference set for October 29, 2019 at 10:00 AM in Courtroom 6F North before Judge Margo K. Brodie. Time is excluded from August 27, 2019 to October 29, 2019. (Court Reporter Georgette Betts.) (O'Neil-Berven, Ryan) (Entered: 08/27/2019)
6/13/2019ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn: Time excluded from 6/13/2019 until 8/27/2019. Ordered by Judge Margo K. Brodie on 6/13/2019. (Brucella, Michelle) (Entered: 06/13/2019)
6/13/2019Status Conference as to Andre Wilburn was held before Judge Margo K. Brodie on June 13, 2019. AUSA Virginia Nguyen appeared on behalf of the government; Federal Defenders by James Darrow appeared on behalf of the defendant. Defendant was not produced due to being ill. Status Conference set for August 27, 2019 at 10:00 AM in Courtroom 6F North before Judge Margo K. Brodie. The time between June 13, 2019 and August 27, 2019 is excluded. (Court Reporter: Georgette Betts) (Brucella, Michelle) (Entered: 06/13/2019)
4/23/2019ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn: Time excluded from 4/23/2019 until 6/13/2019. Ordered by Judge Margo K. Brodie on 4/23/2019. (Brucella, Michelle) (Entered: 04/23/2019)
4/23/2019Status Conference as to Andre Wilburn was held before Judge Margo K. Brodie on April 23, 2019. AUSA Virginia Nguyen appeared on behalf of the government; Federal Defenders by Kannan Sundaram appeared on behalf of the defendant. The defendant waived the reading of the Superseding Indictment and entered a plea of not guilty. Status Conference set for June 13, 2019 at 10:00 AM in Courtroom 6F North before Judge Margo K. Brodie. The time between April 23, 2019 and June 13, 2019 is excluded. Custody continued. (Court Reporter: Michele Lucchese) (Brucella, Michelle) (Entered: 04/23/2019)
4/22/2019SUPERSEDING INDICTMENT (S-1) as to Andre Wilburn (1) count(s) 1s, 2s-5s. (Attachments: # 1 Criminal Information Sheet) (Marziliano, August) (Entered: 04/23/2019)
3/21/2019ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn: Time excluded from 3/21/2019 until 4/23/2019. Ordered by Judge Margo K. Brodie on 3/21/2019. (Brucella, Michelle) (Entered: 03/21/2019)
3/21/2019Status Conference as to Andre Wilburn was held before Judge Margo K. Brodie on March 21, 2019. AUSA Virginia Nguyen appeared on behalf of the government; Federal Defenders by James Darrow appeared on behalf of the defendant. The government informed the Court that they are in the process of disclosing discovery and that they intend to file a Superseding Indictment. Status Conference set for April 23, 2019 at 10:00 AM in Courtroom 6F North before Judge Margo K. Brodie. The time between March 21, 2019 and April 23, 2019 is excluded. Custody continued. (Court Reporter: Victoria Torres-Butler) (Brucella, Michelle) (Entered: 03/21/2019)
3/5/2019ORDER TO CONTINUE - Ends of Justice as to Andre Wilburn Time excluded from 3/5/19 until 3/21/19.Ordered by Magistrate Judge James Orenstein on 3/5/2019. (Piper, Francine) (Entered: 03/06/2019)
3/5/2019Minute Entry for proceedings held before Magistrate Judge James Orenstein:Arraignment as to Andre Wilburn (1) Count 1,2 held on 3/5/2019, Plea entered by Andre Wilburn Not Guilty to all counts., ( Status Conference set for 3/21/2019 10:00 AM in Courtroom 6F North before Judge Margo K. Brodie.) AUSA Virginia Nguyen; Defense Counsel, Andre Wilburn. (FTR Log #2:28 - 2:31.) (Piper, Francine) (Entered: 03/06/2019)
3/4/2019Letter dated March 1, 2019 from Grand Jury Coordinator as to Andre Wilburn. Arraignment set for 3/7/2019 11:00 AM in Courtroom 2A South before Magistrate Judge James Orenstein. (Piper, Francine) (Entered: 03/04/2019)
2/28/2019INDICTMENT as to Andre Wilburn (1) count(s) 1, 2. (Attachments: # 1 Criminal Information Sheet) (Piper, Francine) (Entered: 02/28/2019)
2/19/2019CJA 23 Financial Affidavit by Andre Wilburn (Chin, Felix) [1:18-mj-00837-VMS] (Entered: 02/21/2019)
2/19/2019ORDER OF DETENTION as to Andre Wilburn. Ordered by Magistrate Judge Peggy Kuo on 2/19/2019. (Chin, Felix) [1:18-mj-00837-VMS] (Entered: 02/21/2019)
2/19/2019Minute Entry for proceedings held before Magistrate Judge Peggy Kuo:Arraignment as to Andre Wilburn (1) Count Complaint held on 2/19/2019, Attorney Appointment Hearing as to Andre Wilburn held on 2/19/2019, Initial Appearance as to Andre Wilburn held on 2/19/2019. AUSA Virginia Nguyen present. Dft present w/federal defender James Darrow. Dft arraigned on the complaint. Preliminary hearing set for 3/5/19 @ 11:00 am. Order of detention entered. (Log # 2/19/19 3:53-3:56.) (Chin, Felix)[1:18-mj-00837-VMS] (Entered: 02/21/2019)
2/1/2019Rule 5(c)(3) Documents Received as to Andre Wilburn (Attachments: # 1 SEALED OUT OF DISTRICT COMPLAINT, # 2 FINDINGS OF FACT AND ORDER OF DETENTION as to Andre Wilburn, # 3 WAIVER of Rule 5 Hearings by Andre Wilburn, # 4 WARRANT of Removal to Eastern District of New York) (Marziliano, August) [1:18-mj-00837-VMS] (Entered: 02/01/2019)
1/17/2019Order to Unseal Case as to Andre Wilburn. Ordered by Chief Mag. Judge Roanne L. Mann on 1/17/2019. (Williams, Erica) [1:18-mj-00837-VMS] (Entered: 01/22/2019)
1/16/2019Arrest of Andre Wilburn in Southern District of California (San Diego). (Marziliano, August) [1:18-mj-00837-VMS] (Entered: 02/01/2019)
9/7/2018SEALED COMPLAINT as to Andre Wilburn (1). (Attachments: # 1 Sealing Cover Sheet) (Sica, Michele) [1:18-mj-00837-VMS] (Entered: 09/10/2018)