USA v. Colucci

2:23-cr-00417 | New York Eastern District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division Central Islip
Judge Judge Gary R. Brown
Filed Oct. 18, 2023
Terminated Aug. 7, 2024
Case Flags CLOSED
Last Updated: 7 months, 3 weeks ago Show Interactive Timeline
Filing Date # Docket Text
8/7/2024
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Daniel Colucci (1). THE DEFENDANT: pleaded guilty to count(s) One through Twelve of a 12-count Indictment. The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of: COUNTS 1-12: NINE (9) MONTHS, to run concurrently with each count, however, if the defendant is designated to MDC-Brooklyn the sentence is converted to 9 months of home incarceration with electronic monitoring. The court makes the following recommendations to the Bureau of Prisons: A designation to a medical facility, specifically Devens. Upon release from imprisonment, you will be on supervised release for a term of: No term of supervised release imposed if defendant serves the imprisonment term. You are hereby sentenced to probation for a term of: Counts 1-12: NINE (9) months of home incarceration, terms to run concurrently, is imposed in lieu of incarceration if the defendant is designated to serve a sentence at MDC. Mandatory, Standard and Special Conditions of Supervision: Please see Judgment. Fine: $120,000.00; Special Assessment: $1,200.00; Restitution: $554,241.00. Payment to begin immediately. Ordered by Judge Gary R. Brown on 8/7/2024. (GO) (Entered: 08/08/2024)
8/5/2024Minute Entry for proceedings held before Judge Gary R. Brown: Sentencing held on 8/5/2024 for Daniel Colucci (1), Count(s) 1-12. Deft. present on bond with retained counsel R. Kestenbaum; AUSA: C. Kelly; USPO: M. Wing; SENTENCE HEARING HELD ON COUNT(S): 1-12 of the Indictment. Victims and/or witnesses present. Hearing not requested. Statements heard from defendant, defense counsel and government. The defendant is sentenced to: 9 months. The defendant is ordered to pay a fine in the sum of: $ 120,000.00. Special assessment in imposed in the sum of: $ 1200.00. The defendant is advised of his right to appeal. Other: Assuming that the BOP designates a facility other than the MDC, then matters will proceed accordingly. However, if the BOP opts to designate MDC as the relevant facility, then the imposed term of imprisonment will be vacated and, in its place, the defendant shall serve nine months of home incarceration with electronic monitoring, with the costs of such to be paid by the defendant. SEE ATTACHED. (Court Reporter Toni Ann Lucatorto.) (JC) (Entered: 08/05/2024)
8/5/2024MEMORANDUM OF DECISION & ORDER as to Daniel Colucci: Thus, the defendant is hereby sentenced to a term of imprisonment of nine months. The defendant will remain on bail and pre-trial supervision under the same terms and conditions that have governed his release to this point, until a facility is designated by the BOP for service of his sentence. Assuming that the BOP designates a facility other than the MDC, then matters will proceed accordingly. However, if the BOP opts to designate MDC as the relevant facility, then the imposed term of imprisonment will be vacated and, in its place, the defendant shall serve nine months of home incarceration with electronic monitoring, with the costs of such to be paid by the defendant. Providing that a term of incarceration be converted to home confinement in the event the BOP designates MDC as the carceral institution is undoubtedly unusual, yet is rooted in factors specifically incorporated into the statutory scheme. Several statutory considerations support this outcome. See, e.g., 18 U.S.C. § 3553(a)(1) (mandating consideration of the characteristics of the defendant); § 3553(a)(1)(A) (need to consider just punishment); § 3553(a)(2)(D) (requiring sentencing court to consider defendants needed... medical care); § 3553(a)(3) (the kinds of sentences available); Griffin, 2024 WL 2891686, at *3 (basing compassionate release from MDC on § 3553(a)(2)(D)s command that the sentence must also account for the defendants medical care needs and, more generally, the need to provide correctional treatment in the most effective manner.). sentence served at MDC is materially different and necessarily disparate from one served elsewhere. Thus, the sentence imposed represents the best approach the Court canfashion under the circumstances to effect all the statutory purposes. In addition to the foregoing, the Court imposes restitution in the amount of $554,241, a fine of $120,000 and $1,200 special assessment. I will not impose supervised release subsequent to the term of imprisonment as I do not believe that it will serve any of the purposes of the sentencing statute. I find, taken together, this sentence is sufficient but not greater than necessary to comply with the purposes of the guidelines and the statutory scheme while reflecting the seriousness of the crime. SEE ATTACHED ORDER FOR FURTHER DETAILS. So Ordered by Judge Gary R. Brown on 8/5/2024. (JC) (Entered: 08/05/2024)
7/30/2024Letter re sentencing continuation as to Daniel Colucci (Kelly, Charles) (Entered: 07/30/2024)
7/19/2024Minute Entry for proceedings held before Judge Gary R. Brown:Status Conference as to Daniel Colucci held on 7/19/2024. Defendant present with retained counsel Richard Kestenbaum, AUSA Charles Kelly and USPO Meghan Wing. Case was on for sentence. Issues regarding the sentence were discussed. Sentence adjourned to give time to notify the employee/victims of the sentence. ( Sentencing set for 8/5/2024 at 11:00 AM in Courtroom 940 before Judge Gary R. Brown.) (Court Reporter Denise Parisi.) (KM) (Entered: 07/19/2024)
7/12/2024SENTENCING MEMORANDUM by USA as to Daniel Colucci (Kelly, Charles) (Entered: 07/12/2024)
7/10/2024SENTENCING MEMORANDUM by Daniel Colucci (Kestenbaum, Scott) (Entered: 07/10/2024)
4/17/2024
  • Order
ORDER as to Daniel Colucci. ( Sentencing set for 7/19/2024 11:30 AM in Courtroom 940 before Judge Gary R. Brown.). Ordered by Judge Gary R. Brown on 4/17/2024. (KM) (Entered: 04/17/2024)
4/8/2024OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Daniel Colucci (Kestenbaum, Richard) (Entered: 04/08/2024)
3/27/2024Attorney update in case as to Daniel Colucci. Attorney Richard S. Kestenbaum for Daniel Colucci added. (KM) (Entered: 03/27/2024)
12/15/2023Minute Entry for proceedings held before Judge Gary R. Brown: Change of Plea Hearing as to Daniel Colucci held on 12/15/2023. Counsel for all sides present. Defendant is informed of his/her rights. Defendant is sworn to his statements. Defendant enters a plea of guilty to count 112 of the Indictment. The defendant explains the offense committed, the Government offers the proof they would present to the Court during trial. The Court finds a factual basis for the plea and accepts it. Probation notified. Sentencing set for 5/3/2024. Deft. continued on bond. SEE ATTACHED. (Court Reporter Marie Foley.) (JC) (Entered: 12/18/2023)
10/27/2023
  • Order
ORDER Setting Conditions of Release as to Daniel Colucci (1): 100,000 Bond. Release of the Defendant is hereby ordered on 10/27/2023. SEE ATTACHED ORDER FOR FURTHER DETAILS. Ordered by Judge Gary R. Brown on 10/27/2023. (JC) (Entered: 11/03/2023)
10/27/2023
  • Motion
APPLICATION AND ORDER OF EXCLUDABLE DELAY as to Daniel Colucci: Time excluded from 10/27/2023 until 12/15/2023. So Ordered by Judge Gary R. Brown on 10/27/2023. (JC) (Entered: 11/03/2023)
10/27/2023Minute Entry for proceedings held before Judge Gary R. Brown: Arraignment/Bond as to Daniel Colucci (1) Count 1-12 held on 10/27/2023. Deft. present (self surrender) with retained counsel R. Kestenbaum / S. Kestenbaum; AUSA: C. Kelly; USPO: A. Berglind; Case called. Counsel for all sides present. Defendant is informed of his/her rights. Defendants first appearance and arraigned. Pursuant to Federal Rule of Criminal Procedure 5(f), the court confirmed the Governments disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and summarized the possible consequences of violating those obligations. Written order to be docketed separately. Defendant waives public reading. Defendant enters a plea of not guilty to the Indictment. Set Status Conference for 12/15/2023 at 2:30 p.m. in-person. Motion to exclude time through 12/15/2023. Motion granted - 10/27/2023 to 12/15/2023. Motion for bail, argument heard. Bail package presented by defendant: Ruling: Order setting conditions of bond executed. OTHER: Discovery needs to be produced and reviewed to engage in appropriate plea negotiations, time excluded. Defendant continued on bond. SEE ATTACHED. (Court Reporter Paul Lombardi.) (JC) (Entered: 11/03/2023)
10/18/2023INDICTMENT as to Daniel Colucci (1) count(s) 1-12. (Attachments: # 1 Criminal Information Sheet) (CG) (Entered: 10/19/2023)