USA v. Flowers

1:16-cr-00317 | New York Southern District Court

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Division Foley Square
Judge Judge Paul A. Engelmayer
Filed May 5, 2016
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2 Weeks
  • 4/18/2025
The defendant, Christopher Napoleonis, shall comply with the special condition of inpatient drug treatment and participate in the Educational Alliance program located at 25-29 Avenue D, New York, NY 10009, at minimum, from December 18, 2024, until April 18, 2025.
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10 Months
  • 2/3/2026
Assuming good behavior, Lopez’s estimated release date is February 3, 2026.
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Filing Date # Docket Text
12/30/2024 ORDER as to Christopher Napoleonis. The defendant, Christopher Napoleonis, shall comply with the special condition of inpatient drug treatment and participate in the Educational Alliance program located at 25-29 Avenue D, New York, NY 10009, at minimum, from December 18, 2024, until April 18, 2025. (Signed by Judge Paul A. Engelmayer on 12/30/24)(jw)
12/18/2024 ORDER as to (16-Cr-317-15) Christopher Napoleonis. It is hereby ORDERED that the defendant in the above captioned case, USM Number 77643-054, be released from the custody of the United States Marshal forthwith, subject to any detainers. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/18/2024) (bw)
12/10/2024 MEMO ENDORSEMENT 853 LETTER MOTION as to Christopher Napoleonis: ENDORSEMENT...GRANTED. The Court adjourns tomorrow's conference until December 18, 2024 at 9:30 a.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 853 (Signed by Judge Paul A. Engelmayer on 12/10/24) (jw)
8/1/2024ORDER as to Christopher Napoleonis: The defendant, Christopher Napoleonis, shall comply with the special condition of inpatient drug treatment and participate in treatment at Educational Alliance, located at 25-29 Avenue D, New York, NY 10009, for a period of six (6) months. (Signed by Judge Paul A. Engelmayer on 7/31/2024) (lnl) (Entered: 08/01/2024)
7/30/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jorge Diaz. Notice is hereby given that an official transcript of a Conference proceeding held on 6/18/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/30/2024)
7/30/2024TRANSCRIPT of Proceedings as to Jorge Diaz re: Conference held on 6/18/2024 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Tracy Groth, (212) 805-0320, 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. Redaction Request due 8/20/2024. Redacted Transcript Deadline set for 8/30/2024. Release of Transcript Restriction set for 10/28/2024. (McGuirk, Kelly) (Entered: 07/30/2024)
6/25/2024JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) as to Jorge Diaz (20). The Defendant admitted guilt to violation of condition 1,2,3,4,5,6 & 7. IMPRISONMENT: Five (5) months on all Specifications, these terms to run concurrently. The Court recommends that the defendant be designated to a facility as close to the New York City area as possible in a faclility other than the MDC - Brooklyn. The Court also recommends that the defendant be designated to a permanent facility as soon as possible. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Three (3) years on all Specifications, these terms to run concurrently. (Signed by Judge Paul A. Engelmayer on 6/25/2024) (lnl) (Entered: 06/25/2024)
6/25/2024Minute Entry for proceedings held before Judge Paul A. Engelmayer:Final Hearing re Revocation of Supervised Release as to Jorge Diaz held on 6/25/2024. Defendant present (on SR) with attorney, Andre Travieso. AUSA Jonathan Rebold present. USPO Ji'Vonne Gilmore present. Court reporter present. Defendant remanded. See judgment. (ajs) (Entered: 06/25/2024)
6/25/2024ORDER as to Jorge Diaz: IT IS HEREBY ORDERED that the defendant is remanded to the custody of the United States Marshals. (Signed by Judge Paul A. Engelmayer on 6/25/2024) (ap) (Entered: 06/25/2024)
6/21/2024 LETTER by USA as to Jorge Diaz addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated June 21, 2024 re: VOSR Sentencing Submission Document filed by USA. (Mark, Eli) (Entered: 06/21/2024)
6/19/2024Sentencing Letter by Jorge Diaz addressed to Judge Paul A. Engelmayer from Andre G. Travieso, Esq. dated June 19, 2024 re: VOSR Sentencing Letter. (Travieso, Andre) (Entered: 06/19/2024)
6/18/2024Minute Entry for proceedings held before Judge Paul A. Engelmayer:Revocation of Supervised Release - Interim Hearing as to Jorge Diaz held on 6/18/2024. Defendant present (on SR) with Andre Travieso. AUSA Jane Kim present. USPO Brianna Willborn present. Court reporter present. Defendant sworn, pleads GUILTY to the Specifications. See transcript. (ajs) (Entered: 06/18/2024)
6/5/2024Set/Reset Deadlines/Hearings as to Jorge Diaz: Revocation of Supervised Release set for 6/12/2024 at 03:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer (jw) (Entered: 06/05/2024)
5/17/2024ORDER as to Jorge Diaz. IT IS HEREBY ORDERED that the defendant's supervised release conditions are modified to include the following conditions: The defendant may not leave the Southern District of New York and, among other things, may not travel to visit his girlfriend or anyone else in the District of Rhode Island without the prior approval of the United States Probation Department ("Probation"). The defendant must reside in a Residential Re-Entry Center (the "Center") determined by Probation for a period of six months, during which he may not leave the Center without the prior approval of Probation, including for (but not necessarily limited to) the following purposes: employment, religious observance, mental health treatment, substance abuse treatment, medical treatment, and attendance of court proceedings as ordered by this or other local, state, and federal courts. The defendant may request that Probation consider, and this Court order, early release from the Center, provided the defendant has been compliant with the terms of his supervised release; that he has an available, permanent, and stable residence within the Southern District of New York; and that he has established that he is likely to remain compliant with the remaining terms of supervised release if he were to relocate to said residence. Pending the availability of a bed in the Center, the defendant must reside with his mother at street address known to Probation located in the Bronx, New York. If the defendant isunable to reside with his mother, he must inform Probation of, and receive Probations approval for, his proposed alternative residence, which must be located within the Southern District of New York. If, pending the availability of a bed in the Center, the defendant is unable to reside with his mothers and does not propose an alternative residence that is approved by Probation, he must reside at a New York City Department of Homeless Services Shelter and advise Probation of his whereabouts. (Signed by Judge Paul A. Engelmayer on 5/17/2024)(jw) (Entered: 05/17/2024)
5/16/2024Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to Jorge Diaz held on 5/16/2024. Defendant present (on SR) with attorney, Andre Travieso. AUSA Jonathan Rebold present. USPO Brianna Willborn present. Court reporter present. See transcript. (ajs) (Entered: 05/16/2024)
5/14/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jorge Diaz. Notice is hereby given that an official transcript of a Conference proceeding held on 3/25/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/14/2024)
5/14/2024TRANSCRIPT of Proceedings as to Jorge Diaz re: Conference held on 3/25/2024 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320, 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. Redaction Request due 6/4/2024. Redacted Transcript Deadline set for 6/14/2024. Release of Transcript Restriction set for 8/12/2024. (McGuirk, Kelly) (Entered: 05/14/2024)
4/25/2024Received returned mail as to Brian McBeth re: 820 Order. Mail was addressed to Brian McBeth at Reg. No. 75867-054, FCI Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640 and was returned for the following reason(s): RETURN TO SENDER/NOT DELIVERABLE AS ADDRESSED/UNABLE TO FORWARD. (ap) (Entered: 04/25/2024)
3/28/2024ORDER as to Carlos Lopez: The Court appoints Florian Miedel, Esq. to represent the defendant in this case, nunc protune, to January 4, 2024. (Signed by Judge Paul A. Engelmayer on 3/28/2024) (ap) (Entered: 03/28/2024)
3/26/2024AMENDED JUDGMENT as to Carlos Lopez (22). Date of Original Judgment 11/5/2020. (Signed by Judge Paul A. Engelmayer on 3/26/2024) (See AMENDED JUDGMENT set forth) (ap) (Entered: 03/26/2024)
3/26/2024MEMO ENDORSEMENT as to Carlos Lopez (22) granting 835 LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 03-25-2024 re: Motion to Modify Prior Decision and to Impose a Sentence of Time Served. ENDORSEMENT: GRANTED. The Court resentences Mr. Lopez so as to impose a term of imprisonment of time served. This order does not affect the supervised release term that is to follow the term of imprisonment. The Clerk of Court is requested to terminate the motion at Dkt. No. 835. (Signed by Judge Paul A. Engelmayer on 3/26/2024) (ap) (Entered: 03/26/2024)
3/26/2024ORDER as to Jorge Diaz: IT IS HEREBY ORDERED: For the reasons stated on the record during a status conference held on March 25, 2024, the Supervised Release Conditions are modified to include the following special condition: Jorge Diaz is permitted to reside and maintain employment in Rhode Island. Diaz is to maintain communication with his Probation Officer and report to the Probation Office and Treatment as directed. (Signed by Judge Paul A. Engelmayer on 3/26/2024) (ap) (Entered: 03/26/2024)
3/25/2024Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to Jorge Diaz held on 3/25/2024. Defendant present (on SR) with attorney, Andre Travieso. AUSA Eli Mark present. USPO Brianna Willborn present. Court reporter present. See transcript. (ajs) (Entered: 03/25/2024)
3/25/2024 LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 03-25-2024 re: Motion to Modify Prior Decision and to Impose a Sentence of Time Served . Document filed by Carlos Lopez. (Miedel, Florian) (Entered: 03/25/2024)
3/22/2024ORDER as to (16-Cr-317-22) Carlos Lopez. On March 5, 2024, the Court issued a decision addressing the motion by defendant Carlos Lopez for compassionate release, pursuant to 18 U.S.C. § 3582(c)(1)(A). Dkt. 827. The Court denied the motion, but solely on account of Lopez's failure to exhaust administrative remedies. Had Lopez exhausted such remedies, the Court stated, it would have granted Lopez's motion, and reduced his term of imprisonment by three months, from 120 months to 117 months. Id. at 8, The Court invited defense counsel, upon a showing of administrative exhaustion, to move to reopen the motion. Id. at 10. Today, defense counsel moved to reopen the motion, Dkt. 833, and attached a March 21, 2024 letter from the Bureau of Prisons ("BOP") denying Lopez's administrative request for a reduction of sentence. Dkt. 833, Ex. A. Lopez has therefore established administrative exhaustion. The Court accordingly reopens Lopez's motion, and, for the reasons stated at Dkt. 827, grants the motion under § 3582(c), so as to reduce Lopez's term of imprisonment to 117 months. In light of Lopez's forthcoming release date, the Court directs Government counsel to furnish this decision to the BOP forthwith. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/22/2024) (bw) (Entered: 03/22/2024)
3/22/2024 LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 03-22-24 re: to Reopen and Grant Motion for Reduction in Sentence in light of administrative exhaustion. Document filed by Carlos Lopez. (Attachments: # 1 Exhibit A)(Miedel, Florian) (Entered: 03/22/2024)
3/15/2024ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2) as to Frank O'Byrant (3), Count(s) 1, 2. Date of Original Judgment: 04/13/2017. Upon motion of the defendant under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion, and taking into account the policy statement set forth at USSG §1B1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable, IT IS ORDERED that the motion is: GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 120 months is reduced to 111 months. Except as otherwise provided, all provisions of the judgment dated 04/13/2017 shall remain in effect. IT IS SO ORDERED. Order Date: 03/13/2024. (Signed by Judge Paul A. Engelmayer on 3/13/2024) (bw) (Entered: 03/15/2024)
3/12/2024ORDER REDUCING SENTENCE re AMENDMENT 821 as to Frank O'Byrant (3), Count(s) 1, Imprisonment: Fifty-One (51) Months on Count One, to be followed by Sixty (60) months on Count Two to be served consecutively, for a total term of imprisonment of One Hundred and Eleven (111) Months. Supervised Release: Five (5) Years on both counts to run concurrently. Having considered the record in this case and the parties' arguments, it is ORDERED that defendant O'Bryant's term of imprisonment is reduced to 111 months' imprisonment, to be comprised of a sentence of 51 months on Count One and 60 months on Count Two, these terms to run consecutively. All other components of the sentence remain as originally imposed. The Court directs O'Bryant's counsel to mail a copy of this order to O'Bryant, and to notify him of it, forthwith. (Signed by Judge Paul A. Engelmayer on 3/12/2024) (See ORDER set forth) (ap) (Entered: 03/12/2024)
3/12/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rahim Solano. Notice is hereby given that an official transcript of a Conference proceeding held on 1/23/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/12/2024)
3/12/2024TRANSCRIPT of Proceedings as to Rahim Solano re: Conference held on 1/23/2024 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Amy Walker, (212) 805-0300, 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. Redaction Request due 4/2/2024. Redacted Transcript Deadline set for 4/12/2024. Release of Transcript Restriction set for 6/10/2024. (McGuirk, Kelly) (Entered: 03/12/2024)
3/10/2024LETTER RESPONSE to Motion by USA as to Frank O'Byrant addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated March 10, 2024 re: 809 MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Frank O'Byrant (3) re Count 1,2 filed.. (Mark, Eli) (Entered: 03/10/2024)
3/5/2024OPINION AND ORDER as to (16-Cr-317-22) Carlos Lopez. This order resolves a motion by defendant Carlos Lopez for compassionate release, pursuant to 18 U.S.C. § 3582(c). For the reasons that follow, the Court denies the motion, but solely on grounds of failure to exhaust administrative remedies....[*** See this Opinion And Order ***]... CONCLUSION. For the reasons stated, the Court denies Lopez's motion for compassionate release, but stands ready to reopen and grant this motion upon a showing of administrative exhaustion or a statement by the Government that it will waive the administrative exhaustion requirement. The Clerk of Court is respectfully directed to terminate the motion pending at Docket 793. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/5/2024)(bw) (Entered: 03/05/2024)
2/29/2024Sentencing Letter by Frank O'Byrant addressed to Honorable Paul A. Engelmayer from Kelley J. Sharkey dated 02/29/2024 re: U.S. v. Frank O'Bryant. (Sharkey, Kelley) (Entered: 02/29/2024)
2/28/2024MEMO ENDORSEMENT as to Carlos Lopez on re: 824 LETTER by Carlos Lopez addressed to Judge Paul A. Engelmayer from Florian Miedel dated 02-28-2024 re: Status. ENDORSEMENT: The Court appreciates this reminder and will prioritize resolution of Mr. Lopez's motion. (Signed by Judge Paul A. Engelmayer on 2/28/2024)(ap) (Entered: 02/28/2024)
2/28/2024 LETTER by Carlos Lopez addressed to Judge Paul A. Engelmayer from Florian Miedel dated 02-28-2024 re: Status (Miedel, Florian) (Entered: 02/28/2024)
2/28/2024ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 USC 3582(c)(2) for Brian McBeth (7), Count(s) 1, Imprisonment: Fifty-One (51) Months on Count One, to be followed by Sixty (60) Months on Count Two to be served consecutively, for a total term of imprisonment of One Hundred and Eleven (111) Months. Supervised Release: Five years on both counts to run concurrently.; Count(s) 2, Imprisonment: Fifty-One (51) Months on Count One, to be followed by Sixty (60) Months on Count Two to be served consecutively, for a total term of imprisonment of One Hundred and Eleven (111) Months. Supervised Release: Five years on both counts to run concurrently. Upon motion of the defendant, under 18 USC Section 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 USC Section 994(u), and having considered such motion,IT IS ORDERED that the motion is GRANTED. The defendants previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 117 months is reduced to 111. Effective Date is 2/28/2024. Except as provided above, all provisions of the judgment dated 04/18/2017 remain in effect. (Signed by Judge Paul A. Engelmayer on 2/28/2024) (ap) (Entered: 02/28/2024)
2/28/2024ORDER REDUCING SENTENCE re AMENDMENT 821 as to Brian McBeth (7), Count(s) 1, Imprisonment: Fifty-One (51) Months on Count One, to be followed by Sixty (60) Months on Count Two to be served consecutively, for a total term of imprisonment of One Hundred and Eleven (111) Months. Supervised Release: Five years on both counts to run concurrently.; Count(s) 2, Imprisonment: Fifty-One (51) Months on Count One, to be followed by Sixty (60) Months on Count Two to be served consecutively, for a total term of imprisonment of One Hundred and Eleven (111) Months. Supervised Release: Five years on both counts to run concurrently. Having considered the record in this case and the parties' arguments, it is ORDERED that McBeth's term of imprisonment is reduced to 111 months' imprisonment, to be comprised of a sentence of 51 months on Count One and 60 months on Count Two, these terms to run consecutively. All other components of the sentence remain as originally imposed. In light of the possibility that this order may have immediate implications for the date of McBeth's release from the reentry center, the Court directs Government counsel to furnish this order to the Bureau of Prisons forthwith. (Signed by Judge Paul A. Engelmayer on 2/28/2024) (ap) (Entered: 02/28/2024)
2/27/2024FIRST MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Brian McBeth (7) re Count 1 filed. Document filed by Brian McBeth. (Palma, Richard) (Entered: 02/27/2024)
2/23/2024ORDER as to Brian McBeth: The Court has received a prose letter from defendant Brian McBeth requesting appointment of counsel in connection with an application for relief under Amendment 821 to the Sentencing Guidelines, as a result of the untimely death of the previously appointed counsel, Guy Oksenhendler, Esq. (Dkt. No. 815). The Court, per order issued February 15, 2024, appointed Richard Palma, Esq., to represent the defendant (Dkt. No. 814). The Clerk of Court is requested to mail copies of this order and the order found at Dkt. No. 814 to the defendant at the below address: Brian McBeth #75867-054 FCI Fort Dix P.O. Box 2000 Joint Base MDL, NJ 08640 SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/23/2024) (A copy of this Order was mailed by the Clerk's Office on 2/23/2024 to Brian McBeth #75867-054 FCI Fort Dix P.O. Box 2000 Joint Base MDL, NJ 08640) SO ORDERED. (lnl) (Entered: 02/23/2024)
2/23/2024 OPINION & ORDER as to Eladio Padilla: the Court denies Padilla's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(l)(A)(i). The Clerk of Court is respectfully directed to terminate the motion pending at Docket 775. (Signed by Judge Paul A. Engelmayer on 2/23/2024) (See OPINION & ORDER as set forth) (lnl) (Entered: 02/23/2024)
2/22/2024LETTER MOTION to Appoint Counsel. Document filed by Brian McBeth. (lnl) (Entered: 02/22/2024)
2/16/2024ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2) as to Michael Mestre (13): Upon motion of the defendant the court under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion, and taking into account the policy statement set forth at USSG §1B1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable, IT IS ORDERED that the motion is: GRANTED (Signed by Judge Paul A. Engelmayer on 2/15/2024)and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued of 106 months is reduced to 101 months. (lnl) (Entered: 02/16/2024)
2/15/2024ORDER as to Michael Mestre. On January 19, 2018, defendant Michael Mestre was sentenced principally to a term of imprisonment of 106 months. Dkt. 574. On February 7, 2024, defense counsel moved for a reduction of Mestre's sentence, pursuant to Amendment 821 of the Sentencing Guidelines, Dkt. 810, having been reappointed by the Court for this purpose, Dkt. 802. On February 15, 2024, the Government filed a letter, agreeing that Mestre is eligible for a reduction of sentence under Amendment 821, and stating that it did not object to a reduction of sentence to one within the newly calculated Guidelines range. Dkt. 813. The Probation Department has likewise determined that Mestre is eligible for an adjustment of his sentencing guidelines range based on Amendment 821. Dkt. 784. it is ORDERED that defendant Mestre's term of imprisonment is reduced to 101 months' imprisonment, to be comprised of a sentence of 41 months on Count One and 60 months on Count Two, these terms to run consecutively. All other components of the sentence remain as originally imposed. In light of the possibility that this order may have implications soon for the date of Mestre's release from the reentry center, the Court directs Government counsel to furnish this order to the Bureau of Prisons forthwith (Signed by Judge Paul A. Engelmayer on 2/15/24)(jw) (Entered: 02/15/2024)
2/15/2024 RESPONSE by USA as to Brian McBeth re: 814 Order, Set Deadlines/Hearings,,,,,,,,,,,,,, . (Mark, Eli) (Entered: 02/15/2024)
2/15/2024ORDER as to Brian McBeth. In a supplemental presentence report, the United States Probation Department has concluded that defendant Brian McBeth is eligible for a reduction of sentence under Sentencing Guidelines Amendment 821. Dkt. 783. On January 31, 2024, the Court reappointed trial counsel Guy Oksendhendler, Esq., to represent Mr. McBeth in moving for a reduction of sentence, and directed that such a motion be made by February 7, 2024. Dkt. 801. The Court set that deadline mindful that, according to the Probation Department, Mr. McBeth's present release date is September 7, 2024, and he is eligible for a reduction of sentence of up to six months. Dkt. 783. Mr. Oksenhendler did not file the motion. The Court, in following up, was notified today that Mr. Oksenhendler passed away on February 7, 2024. The Court admired Mr. Oksenhendler for his skill, vigor, collegiality and enthusiasm for the practice of law, and expresses condolences to Mr. Oksenhendler's family. The Court hereby appoints Richard Palma, Esq., to represent Mr. McBeth in connection with making a motion under Amendment 821. The Court expects new counsel to file such a motion expeditiously, and in all events by Friday, February 23, 2024. In the interest of promptly resolving the motion, the Court directs the Government, byletter due forthwith, to state whether, based on the information known to it, it would oppose a six-month reduction of Mr. McBeth's sentence by six months. The Court so directs because, in the event that the Government states that it would not oppose such relief, such may enable newly appointed defense counsel to file an abbreviated motion on a shorter timetable than otherwise (Motions due by 2/23/2024.). (Signed by Judge Paul A. Engelmayer on 2/15/24)(jw) (Entered: 02/15/2024)
2/15/2024LETTER RESPONSE to Motion by USA as to Michael Mestre addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated February 15, 2024 re: 810 MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Michael Mestre (13) re Count 1 filed.. (Mark, Eli) (Entered: 02/15/2024)
2/8/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rahim Solano. Notice is hereby given that an official transcript of a Conference proceeding held on 1/11/24 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 02/08/2024)
2/8/2024TRANSCRIPT of Proceedings as to Rahim Solano re: Conference held on 1/11/24 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, 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. Redaction Request due 2/29/2024. Redacted Transcript Deadline set for 3/11/2024. Release of Transcript Restriction set for 5/8/2024. (Moya, Goretti) (Entered: 02/08/2024)
2/7/2024 MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Michael Mestre (13) re Count 1 filed. Document filed by Michael Mestre. (Taylor, Zachary) (Entered: 02/07/2024)
2/6/2024MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Frank O'Byrant (3) re Count 1,2 filed. Document filed by (16-Cr-317-3) Frank O'Byrant. Dated: 1-28-2024. [*** NOTE: Document entitled "Motion For A Sentence Reduction Under 18 U.S.C. Section 3582(C)(2) On Grounds Of The New Retroactive Amendment 821's Part (A), and (C)." ***] (bw) (Entered: 02/06/2024)
2/5/2024LETTER RESPONSE in Opposition by USA as to Carlos Lopez addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated February 5, 2024 re: 793 LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 01-15-2024 re: Reduction of Sentence Pursuant to 18 USC 3582 .. (Attachments: # 1 Exhibit Inmate Program Review, archived on Nov. 1, 2023)(Mark, Eli) (Entered: 02/05/2024)
2/2/2024ENDORSED LETTER as to (16-Cr-317-3) Frank O'Byrant addressed to Judge Paul A. Engelmayer from Attorney Kelley J. Sharkey dated February 2, 2024 re: On January 31, 2024 the Court reappointed me to represent Frank O'Bryant in conection with making a motion for a sentence reduction pursuant to Sentencing Guidelines Amendment 821. The Court has docketed the defense motions to be filed on February 7, 2024. I respectfully request that the defense filing be submitted to you no later than February 29, 2024.... ENDORSEMENT: GRANTED. The Government's response will be due March 7, 2024. The Clerk of Court is requested to terminate the motion at Dkt. No. 806. SO ORDERED. ( Motions due by 2/29/2024. Responses due by 3/7/2024. ) (Signed by Judge Paul A. Engelmayer on 2/2/2024)(bw) (Entered: 02/05/2024)
2/2/2024 MOTION to Continue date for submission. Document filed by Frank O'Byrant. (Sharkey, Kelley) (Entered: 02/02/2024)
2/1/2024ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 USC 3582(c)(2) as to Jonathan Saez (6). IT IS ORDERED that the Motion is DENIED. (Signed by Judge Paul A. Engelmayer on 1/31/24)(jw) (Entered: 02/01/2024)
1/31/2024ORDER as to Jonathan Saez. On September 8, 2017, defendant Jonathan Saez was sentenced principally to a term of imprisonment of 171 months. Dkt. 523. On December 1, 2023, Saez filed a motion requesting that the Court consider a sentence reduction pursuant to Amendment 821 to the Sentencing Guidelines, which went into effect on November 1, 2023 and applies retroactively. Dkt. 785. The Court has considered the record in this case, and the submissions on this motion ofthe defendant, Dkt. 785, and the Probation Department, Dkt. 794.The Court finds that Saez is ineligible for a reduction of sentence because, as explained by the Probation Department, the application of Amendment 821 does not result in any change to the applicable Guidelines range. The Court therefore denies the defendant's motion. The Clerk of Court is requested to mail a copy of this order to defendant Saez at the below address: Jonathan Saez, Register# 67405-018, USP McCreary, P.O. Box 3000, Pine Knot, KY 42635. [**The Clerk has mailed this Order to defendant Jonathan Saez on 1/31/2024 to the address listed on this Order**] (Signed by Judge Paul A. Engelmayer on 1/31/2024)(jw) (Entered: 01/31/2024)
1/31/2024ORDER as to Frank O'Byrant. The Court reappoints Kelley Sharkey, Esq., to represent defendant O'Bryant in connection with making a motion for sentence reduction pursuant to Sentencing Guidelines Amendment 821. That motion is due February 7, 2024. The Government's response is due February 14, 2024 ( Motions due by 2/7/2024., Government Responses due by 2/14/2024) (Signed by Judge Paul A. Engelmayer on 1/31/2024)(jw) (Entered: 01/31/2024)
1/31/2024ORDER as to Michael Mestre. The Court reappoints Zachary Taylor, Esq., to represent defendant Mestre in connection with making a motion for sentence reduction pursuant to Sentencing Guidelines Amendment 821. That motion is due February 7, 2024. The Government's response is due February 14, 2024 ( Motions due by 2/7/2024., Government Responses due by 2/14/2024) (Signed by Judge Paul A. Engelmayer on 1/31/24)(jw) (Entered: 01/31/2024)
1/31/2024ORDER as to Brian McBeth. The Court reappoints Guy Oksendhendler, Esq., to represent defendant McBeth in connection with making a motion for sentence reduction pursuant to Sentencing Guidelines Amendment 821. That motion is due February 7, 2024. The Government's response is due February 14, 2024 (Motions due by 2/7/2024., Government Responses due by 2/14/2024) (Signed by Judge Paul A. Engelmayer on 1/31/2024)(jw) (Entered: 01/31/2024)
1/26/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rahim Solano. Notice is hereby given that an official transcript of a Violation of Supervised Release proceeding held on 12/19/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/26/2024)
1/26/2024TRANSCRIPT of Proceedings as to Rahim Solano re: Violation of Supervised Release held on 12/19/2023 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Amy Walker, (212) 805-0300, 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. Redaction Request due 2/16/2024. Redacted Transcript Deadline set for 2/26/2024. Release of Transcript Restriction set for 4/25/2024. (McGuirk, Kelly) (Entered: 01/26/2024)
1/26/2024 OPINION AND ORDER as to Jonathan Saez. The Court denies Saez's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). The Clerk of Court is respectfully requested to terminate the motion at Docket 789. (Signed by Judge Paul A. Engelmayer on 1/26/2024) (See ORDER set forth) (ap) (Entered: 01/26/2024)
1/23/2024JUDGMENT In A Criminal Case. (FOR REVOCATION OF PROBATION OR SUPERVISED RELEASE). Defendant Rahim Solano (12) admitted guilty to violation of condition(s) 1, 4, 8, 9 & 10 of the term of supervision. The defendant has not violated condition(s) 2,3,5,6,7,11,12 and is discharged as to such violation(s) condition. IMPRISONMENT: Time served. SUPERVISED RELEASE: The previous term of supervised release is revoked. The Court declines to impose a new term of supervised release. (Signed by Judge Paul A. Engelmayer on 1/23/2024)(bw) (Entered: 01/23/2024)
1/23/2024Minute Entry for proceedings held before Judge Paul A. Engelmayer:Final Hearing re Revocation of Supervised Release as to Rahim Solano held on 1/23/2024. Defendant present (on SR) with attorney, Lisa Scolari. AUSA Eli Mark present. USPO Adam Pakula present. Court reporter present. See judgment. (ajs) (Entered: 01/23/2024)
1/18/2024ORDER as to (16-Cr-317-22) Carlos Lopez. The Court has received a motion for compassionate release filed on behalf of defendant Carlos Lopez. See Dkt. 793. The Court directs the Government to respond. The Government's response is due February 2, 2024. SO ORDERED. ( Responses due by 2/2/2024 ) (Signed by Judge Paul A. Engelmayer on 1/18/2024)(bw) (Entered: 01/18/2024)
1/18/2024 LETTER by USA as to Jonathan Saez addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated January 18, 2024 re: Response to Saez Pro Se Section Motion for Compassionate Release Document filed by USA. (Attachments: # 1 Exhibit A (BOP Progress Report), # 2 Exhibit B (BOP Disciplinary Report))(Mark, Eli) (Entered: 01/18/2024)
1/15/2024 LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 01-15-2024 re: Reduction of Sentence Pursuant to 18 USC 3582 . Document filed by Carlos Lopez. (Attachments: # 1 Exhibit A-C)(Miedel, Florian) (Entered: 01/15/2024)
1/11/2024Set/Reset Hearings as to Rahim Solano: Final Hearing re Revocation of Supervised Release set for 1/23/2024 at 02:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.. (ajs) (Entered: 01/16/2024)
1/11/2024Minute Entry for proceedings held before Judge Paul A. Engelmayer:Revocation of Supervised Release - Interim Hearing as to Rahim Solano held on 1/11/2024. Defendant present (on SR) with attorney, Lisa Scolari. AUSA Eli Mark present. USPO Adam Pakula present. Court reporter present. See transcript. (ajs) (Entered: 01/16/2024)
1/9/2024SENTENCING SUBMISSION by USA as to Rahim Solano. (Mark, Eli) (Entered: 01/09/2024)
1/5/2024SENTENCING SUBMISSION by Rahim Solano. (Scolari, Lisa) (Entered: 01/05/2024)
1/3/2024ORDER as to Jonathan Saez. The Court has received a motion from defendant Jonathan Saez seeking a reduction of sentence pursuant to 18 U.S.C. § 3582(c). See Dkt. 789. The Court directs the Government to respond. The Government's response is due Wednesday, January 17, 2024. So Ordered. (Responses due by 1/17/2024.) (Signed by Judge Paul A. Engelmayer on 1/3/24)(jbo) (Entered: 01/03/2024)
1/2/2024 LETTER by Jonathan Saez addressed to Judge Paul A. Engelmayer re: Accordingly, I request that you reconsider your Order and Grant me a reduction in sentence, potentially utilizing home detention and any other avenue the Court may deem proper to ensure my successful transition back into the community. (jbo) (Entered: 01/02/2024)
12/19/2023Minute Entry for proceedings held before Judge Paul A. Engelmayer:Revocation of Supervised Release - Interim Hearing as to Rahim Solano held on 12/19/2023. Defendant not present. Defense counsel, Lisa Scolari, present. AUSA Eli Mark present. USPO Matthew Omlor present. Court reporter present. See transcript. (ajs) (Entered: 12/19/2023)
12/19/2023Set/Reset Hearings as to Rahim Solano: Final Hearing re Revocation of Supervised Release set for 1/11/2024 at 03:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Defense letter due 1/5/2024. Government letter due 1/9/2024. (ajs) (Entered: 12/19/2023)
12/6/2023 OPINION AND ORDER as to Frank O'Byrant: the Court denies O'Bryant's second motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(l)(A)(i). The Clerk of Court is respectfully requested to terminate the motion at docket 777. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/6/2023) (See OPINION AND ORDER as set forth) (lnl) (Entered: 12/06/2023)
12/1/2023 MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Jonathan Saez (6) re Count 1,2. Document filed by Jonathan Saez. (jw) (Entered: 12/01/2023)
11/9/2023LETTER RESPONSE in Opposition by USA as to Frank O'Byrant addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J.Mark dated November 9, 2023 re: 777 MOTION.. (Attachments: # 1 Exhibit A (See BOP Inmate Discipline Data, dated October 24, 2023))(Mark, Eli) (Entered: 11/09/2023)
11/1/2023LETTER RESPONSE in Opposition by USA as to Eladio Padilla addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated November 1, 2023 re: 775 MOTION to Reduce Sentence under 18 U.S.C. § 3582(c).. (Attachments: # 1 Exhibit A (Padilla BOP Inmate Disciplinary Record, dated October 24, 2023))(Mark, Eli) (Entered: 11/01/2023)
11/1/2023 LETTER by Eladio Padilla addressed to Judge Paul A. Engelmayer from Benjamin Silverman dated November 1, 2023 re: new and pertinent authority (Silverman, Benjamin) (Entered: 11/01/2023)
10/26/2023ORDER as to Rahim Solano. The supervisee, Rahim Solano, shall participate in residential substance use treatment at Samaritan Daytop Villages Fox Run facility, located at 190 Fox Hollow Road, Rhinebeck, New York 12572, for the period of six (6) months, to complete treatment for his substance use disorders. He must continue to take any prescribed medications unless otherwise instructed by the health care provider. He must contribute to the cost of services rendered based on his ability to pay and the availability of third-party payments. The Court authorizes the release of available psychological and psychiatric evaluations and reports, including the presentence investigation report, to the health care provider. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/26/2023)(jw) (Entered: 10/26/2023)
10/18/2023ORDER as to Frank O'Byrant: The Court is in receipt of the defendant's prose motion for compassionate release. The Court directs the Government to file a response by November 8, 2023. (Responses due by 11/8/2023) (Signed by Judge Paul A. Engelmayer on 10/18/2023) (ap) (Entered: 10/18/2023)
10/17/2023MOTION FOR SENTENCE REDUCTION UNDER 18 U.S.C. § 3582(c)(1)(A) (Compassionate Release) (Pro Se Prisoner). Document filed by Frank O'Byrant. (ap) (Entered: 10/17/2023)
10/11/2023ORDER as to Eladio Padilla: The Court is in receipt of the defendant's motion for sentence reduction (Dkt. No. 775). The Government is directed to file its response by November 1, 2023. (Responses due by 11/1/2023) (Signed by Judge Paul A. Engelmayer on 10/11/2023) (ap) (Entered: 10/11/2023)
10/10/2023 MOTION to Reduce Sentence under 18 U.S.C. § 3582(c). Document filed by Eladio Padilla. (Silverman, Benjamin) (Entered: 10/10/2023)
10/4/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Napoleonis. Notice is hereby given that an official transcript of a Conference proceeding held on 9/5/23 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 10/04/2023)
10/4/2023TRANSCRIPT of Proceedings as to Christopher Napoleonis re: Conference held on 9/5/23 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, 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. Redaction Request due 10/25/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/2/2024. (Moya, Goretti) (Entered: 10/04/2023)
9/22/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rahim Solano. Notice is hereby given that an official transcript of a Plea proceeding held on 8/9/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 09/22/2023)
9/22/2023TRANSCRIPT of Proceedings as to Rahim Solano re: Plea held on 8/9/2023 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, 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. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023. (McGuirk, Kelly) (Entered: 09/22/2023)
9/7/2023ORDER as to Rahim Solano. The supervisee, Rahim Solano, shall participate in a detoxification and rehabilitation services program, specifically, at Cornerstone Rehabilitation, located at 159-05 Union Turnpike, Fresh Meadows, NY, 11366, for the period of 33 days in order to complete treatment for his substance use disorders. He must continue to take any prescribed medications unless otherwise instructed by the health care provider. He must contribute to the cost of services rendered based on his ability to pay and the availability of third-party payments. The Court authorizes the release of available psychological and psychiatric evaluations and reports, including the presentence investigation report, to the health care provider. So Ordered. (Signed by Judge Paul A. Engelmayer on 9/7/23)(jbo) (Main Document 770 replaced on 9/7/2023) (jbo). (Entered: 09/07/2023)
9/5/2023JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) as to Christopher Napoleonis (15). The Defendant admitted guilt to violation of conditions 1, 4, 6, 7, 8, 10, 11, 14, 15, 17 of the term of supervision. The Defendant has not violated conditions 2, 3, 5, 9, 12, 13, 16 and is discharged as to such violations condition. IMPRISONMENT: One (1) year and one (1) day on all specifications, these terms to run concurrently, with time served credit starting on April 6, 2023. The Court recommends that the defendant be designated to a facility as close to the New York City area as possible. The Court also specifically recommends that the defendant NOT be designated to the MDC Brooklyn; that he be moved out of the MDC forthwith, and that for as long as he is assigned to the MDC, that he be moved out of Unit 43. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: The previous term of supervised release is revoked and a new term of eighteen (18) months is imposed. The first six (6)months of supervised release shall be served in an inpatient drug treatment facility, at the direction of the U.S. Probation Department. (Signed by Judge Paul A. Engelmayer on 9/5/2023) (lnl) (Entered: 09/05/2023)
9/5/2023Minute Entry for proceedings held before Judge Paul A. Engelmayer:Final Hearing re Revocation of Supervised Release as to Christopher Napoleonis held on 9/5/2023. Defendant present (in custody) with attorney, John Diaz. AUSA Eli Mark present. USPO Hillel Greene present. Court reporter present. See judgment. (ajs) (Entered: 09/05/2023)
8/31/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rahim Solano. Notice is hereby given that an official transcript of a Conference proceeding held on 8/2/23 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 08/31/2023)
8/31/2023TRANSCRIPT of Proceedings as to Rahim Solano re: Conference held on 8/2/23 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, 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. Redaction Request due 9/21/2023. Redacted Transcript Deadline set for 10/2/2023. Release of Transcript Restriction set for 11/29/2023. (Moya, Goretti) (Entered: 08/31/2023)
8/30/2023SENTENCING SUBMISSION by USA as to Christopher Napoleonis. (Mark, Eli) (Entered: 08/30/2023)
8/22/2023SENTENCING SUBMISSION by Christopher Napoleonis. (Attachments: # 1 Exhibit A-B)(Diaz, John) (Entered: 08/22/2023)
8/9/2023Set/Reset Hearings as to Rahim Solano: Final Hearing re Revocation of Supervised Release set for 3/11/2024 at 11:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ajs) (Entered: 08/09/2023)
8/9/2023ORDER as to (16-Cr-317-12) Rahim Solano. It is hereby ordered that that the supervised release conditions for Rahim Solano, the defendant, are modified to include a court-mandated 28-day detoxication treatment program at the Cornerstone facility. The Court further orders that following completion of the detoxification treatment program, the defendant shall participate in an in-patient program approved by the United States Probation Office for substance abuse, for a period of at least 6 months. Said program may include drug testing to determine whether the defendant has reverted to the use of drugs and alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider, as approved by the Probation Office. The defendant will be required to contribute to the cost of services rendered (copayment) in the amount to be determined by the Probation Office, based on ability to pay or availability of third-party payment. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/9/2023)(bw) (Entered: 08/09/2023)
8/9/2023Minute Entry for proceedings held before Judge Paul A. Engelmayer:Revocation of Supervised Release - Interim Hearing as to Rahim Solano held on 8/9/2023. Defendant present (in custody) with attorney, Lisa Scolari. AUSA Eli Mark present. USPO Hillel Greene present. Court reporter present. Defendant sworn, changes plea of not guilty to GUILTY on Specifications 1, 4, 8, 9 & 10. Defendant released on SR. See transcript. (ajs) (Entered: 08/09/2023)
8/9/2023ORDER as to (16-Cr-317-12) Rahim Solano. It is hereby ORDERED that the defendant in the above captioned case, USM Number 75845-054, be released from the custody of the United States Marshal forthwith, subject to any detainers. The defendant is to be released directly into the custody of the United States Probation Department, which will arrange his transport today to the Cornerstone detoxification facility. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/9/2023)(bw) (Entered: 08/09/2023)
8/4/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Napoleonis. Notice is hereby given that an official transcript of a Plea proceeding held on 6/28/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/04/2023)
8/4/2023TRANSCRIPT of Proceedings as to Christopher Napoleonis re: Plea held on 6/28/2023 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, 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. Redaction Request due 8/25/2023. Redacted Transcript Deadline set for 9/5/2023. Release of Transcript Restriction set for 11/2/2023. (McGuirk, Kelly) (Entered: 08/04/2023)
8/2/2023ORDER as to Rahim Solano: IT IS HEREBY ORDERED that the defendant is remanded to the custody of the United States Marshals. The Court directs that the defendant be housed at the Metropolitan Detention Center (MDC), which is uniquely equipped, relative to the alternative local jails, to address the defendants need for methadone maintenance. For avoidance of doubt, the MDC is ORDERED to make a bed available for the defendant today, August 2, 2023. (Signed by Judge Paul A. Engelmayer on 8/2/2023) (ap) (Entered: 08/02/2023)
8/2/2023Minute Entry for proceedings held before Judge Paul A. Engelmayer:Preliminary Revocation Hearing re: Supervised Release as to Rahim Solano held on 8/2/2023. Defendant present (on SR) with attorney, Lisa Scolari. AUSA Eli Mark present. USPO Hillel Greene present. Court reporter present. Defendant sworn, pleads NOT GUILTY to Specifications 9 - 12. Defendant remanded. See transcript. (ajs) (Entered: 08/02/2023)
7/31/2023Set/Reset Deadlines as to Eladio Padilla: Motions due by 10/10/2023. (ap) (Entered: 07/31/2023)
7/31/2023MEMO ENDORSEMENT as to Eladio Padilla (4) granting 758 LETTER MOTION addressed to Judge Paul A. Engelmayer from Benjamin Silverman dated July 31, 2023 re: extension of time to file supplemental compassionate relief brief. ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 758. (Signed by Judge Paul A. Engelmayer on 7/31/2023) (ap) (Entered: 07/31/2023)
7/31/2023 LETTER MOTION addressed to Judge Paul A. Engelmayer from Benjamin Silverman dated July 31, 2023 re: extension of time to file supplemental compassionate relief brief . Document filed by Eladio Padilla. (Silverman, Benjamin) (Entered: 07/31/2023)
7/28/2023JUDICIAL RESPONSE as to (16-Cr-317-11) Gabriel Ocascio. THE COURT ORDERS: The modification of the Conditions of Supervised Release to include: You will participate in an outpatient treatment program approved by the United States Probation Office, which program may include testing to determine whether you have reverted to using drugs or alcohol. You must contribute to the cost of services rendered based on your ability to pay and the availability of third-party payments. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance use disorder treatment provider. You must participate in an outpatient mental health treatment program approved by the United States Probation Office. You must continue to take any prescribed medications unless otherwise instructed by the health care provider. You must contribute to the cost of services rendered based on your ability to pay and eh availability of third-party payments. The Court authorizes the release of available psychological and psychiatric evaluations and reports, including the presentence investigation report, to the health care provider. (Signed by Judge Paul A. Engelmayer on 7/28/2023)(bw) (Entered: 07/28/2023)
7/20/2023MEMO ENDORSEMENT as to Eladio Padilla (4) granting 755 LETTER MOTION addressed to Judge Paul A. Engelmayer from Benjamin Silverman dated July 20, 2023 re: deadline for supplemental submission. ENDORSEMENT: GRANTED. The Clerk of Court is requested toterminate the motion at Dkt. No. 755. (Signed by Judge Paul A. Engelmayer on 7/20/2023) (ap) (Entered: 07/20/2023)
7/20/2023 LETTER MOTION addressed to Judge Paul A. Engelmayer from Benjamin Silverman dated July 20, 2023 re: deadline for supplemental submission . Document filed by Eladio Padilla. (Silverman, Benjamin) (Entered: 07/20/2023)
7/11/2023NOTICE OF ATTORNEY APPEARANCE: Benjamin Adam Silverman appearing for Eladio Padilla. Appearance Type: CJA Appointment. (Silverman, Benjamin) (Entered: 07/11/2023)
6/30/2023ORDER as to Eladio Padilla. The Court is in receipt of the defendant's pro se request for sentence modification (Dkt. No. 749). The Court hereby appoints Benjamin Silverman, Esq., to assist Mr. Padilla in this request. (Signed by Judge Paul A. Engelmayer on 6/30/2023)(jw) (Entered: 06/30/2023)
6/29/2023SCHEDULING ORDER as to Christopher Napoleonis. It is hereby ORDERED that sentencing in this matter is scheduled for September 5, 2023 at 11:00 a.m. in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York 10007. The defendants sentencing letter shall be filed no later than August 22, 2023. The Governments sentencing letter shall be filed no later than August 29, 2023(Sentencing set for 9/5/2023 at 11:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/29/2023)(jw) (Entered: 06/29/2023)
6/28/2023Minute Entry for proceedings held before Judge Paul A. Engelmayer:Revocation of Supervised Release - Interim Hearing as to Christopher Napoleonis held on 6/28/2023. Defendant present (in custody) with attorney, John Diaz. AUSA Eli Mark present. USPO Franklin Carvajal present via telephone. Court reporter present. Defendant sworn, changes plea of not guilty to GUILTY on Specifications 1, 4, 6, 7, 8, 10, 11, 14, 15 & 17. See transcript. Final Hearing re Revocation of Supervised Release set for 9/5/2023 at 11:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ajs) (Entered: 06/28/2023)
6/28/2023NOTICE OF HEARING as to (16-Cr-317-12) Rahim Solano. Status Conference set for 8/2/2023 at 02:00 PM before Judge Paul A. Engelmayer. (bw) (Entered: 06/28/2023)
6/28/2023MEMO ENDORSEMENT 750 CONSENT LETTER MOTION addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated June 28, 2023 re: Adjournment of Next Court Conference as to Rahim Solano....ENDORSEMENT...GRANTED. The conference is rescheduled for August 2, 2023 at 2:00 p.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 750. (Signed by Judge Paul A. Engelmayer on 6/28/23) (jw) (Entered: 06/28/2023)
6/28/2023CONSENT LETTER MOTION addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated June 28, 2023 re: Adjournment of Next Court Conference . Document filed by USA as to Rahim Solano. (Mark, Eli) (Entered: 06/28/2023)
6/27/2023REQUEST FOR SENTENCE MODIFICATION from Eladio Padilla dated 5/23/23 re: It is Requested that this Honorable Court appoints counsel under the CJA to represent Padilla. It is requested that the Probation Department reviews the PSR and this removed conviction as the FBOP has already removed (jw) (Entered: 06/27/2023)
5/4/2023MEMO ENDORSEMENT as to Christopher Napoleonis on 747 LETTER MOTION re: Requesting an adjournment of the conference... ENDORSEMENT: GRANTED. The conference is adjourned to June 14, 2023 at 11am. The Clerk of Court is requested to terminate the motion at Dkt. No. 747. SO ORDERED. (Status Conference set for 6/14/2023 at 11:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/4/23)(jbo) (Entered: 05/04/2023)
5/3/2023 LETTER MOTION addressed to Judge Paul A. Engelmayer from John A. Diaz dated May 3, 2023 re: Requesting an adjournment of the conference . Document filed by Christopher Napoleonis. (Diaz, John) (Entered: 05/03/2023)
4/14/2023Set/Reset Deadlines/Hearings as to Christopher Napoleonis: Status Conference set for 5/8/2023 at 11:00 AM before Judge Paul A. Engelmayer (jw) (Entered: 04/14/2023)
4/14/2023MEMO ENDORSEMENT 745 LETTER MOTION addressed to Judge Paul A. Engelmayer from John A. Diaz dated April 14, 2023 re: Requesting an adjournment of the conference as to Christopher Napoleonis...ENDORSEMENT...GRANTED. The conference is adjourned to May 8, 2023 at 11:00 a.m., consistent with the Court's schedule. The Clerk of Court is requested to terminate the motion at Dkt. No. 745. (Signed by Judge Paul A. Engelmayer on 4/14/23) (jw) (Entered: 04/14/2023)
4/14/2023 LETTER MOTION addressed to Judge Paul A. Engelmayer from John A. Diaz dated April 14, 2023 re: Requesting an adjournment of the conference . Document filed by Christopher Napoleonis. (Diaz, John) (Entered: 04/14/2023)
4/6/2023744 Initial Medical Evaluation Request as to Christopher Napoleonis. (jbo) (Entered: 04/06/2023)
4/6/2023743CJA 23 Financial Affidavit by Christopher Napoleonis. CJA John A. Diaz appointed counsel. APPROVED. (Signed by Magistrate Judge Barbara C. Moses) (jbo) (Entered: 04/06/2023)
4/6/2023Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance re: Revocation of Supervised Release as to Christopher Napoleonis held on 4/6/2023. Detention Hearing as to Christopher Napoleonis held on 4/6/2023. Defendant present with CJA counsel John Diaz. AUSA Justin Horton present for the Government. VOSR. BAIL DISPOSITION: DETENTION ON CONSENT WITHOUT PREJUDICE. Rule 32.1 preliminary hearing waived. **Conference before District Judge on 4/18/23. (jbo) (Entered: 04/06/2023)
3/1/2023Arrest Warrant Returned Executed on 2/2/2023 as to (16-Cr-317-12) Rahim Solano. (bw) (Entered: 03/01/2023)
2/9/2023ORDER as to Rahim Solano. It is hereby ordered that that the supervised release conditions for Rahim Solano, the defendant, are modified to include court-mandated to include a 28-day detoxication treatment program within 24 hours of a negative tuberculosis test. In particular, the Court orders that The defendant shall immediately obtain a tuberculosis test and share documentation of the results of that test with his assigned Probation Officer. The defendant shall participate in an in-patient program approved by the United States Probation Office for substance abuse, for a period of 90 days. Said program may include drug testing to determine whether the defendant has reverted to the use of drugs and alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider, as approved by the Probation Office. The defendant will be required to contribute to the cost of services rendered (co-payment) in the amount to be determined by the Probation Office, based on ability to pay or availability of third-party payment. The defendant is required to continue location monitoring until the defendant begins treatment, at which time the location monitoring device may be removed. The location monitoring device may not be removed prior to treatment commencing (Signed by Judge Paul A. Engelmayer on 2/9/2023)(jw) (Entered: 02/09/2023)
2/8/2023Minute Entry for proceedings held before Judge Paul A. Engelmayer:Revocation of Supervised Release - Interim Hearing as to Rahim Solano held on 2/8/2023. Defendant present (on SR) with attorney, Lisa Scolari. AUSA Eli Mark present. USPO Michael Estreicher present. Court reporter present. Defendant sworn, pleads NOT GUILTY to the Specifications. See transcript. (ajs) (Entered: 02/08/2023)
2/2/2023739CJA 23 Financial Affidavit by Rahim Solano. Lisa Scolari appointed counsel. APPROVED. (Signed by Magistrate Judge Jennifer E Willis) (jbo) (Entered: 02/03/2023)
2/2/2023ADVICE OF PENALTIES AND SANCTIONS as to Rahim Solano. (jm) (Entered: 02/03/2023)
2/2/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis:Initial Appearance re: Revocation of Supervised Release as to Rahim Solano held on 2/2/2023 Appearance entered by Lisa Scolari for Rahim Solano on behalf of defendant., as to Rahim Solano. Defendant is present with counsel Ms. Scolari; AUSA Jerry Fang is also present. Bail is set as: DEFENDANT IS RELEASED ON OWN RECOGNIZANCE AND IS TO LIVE IN MOTHER'S HOMEUNDER HOME DETENTION WITH LOCATION MONITORING TECHNOLOGY AS DIRECTED BY THESUPERVISION AGENCY. HE HAS PERMISSION TO LEAVE FOR COURT, MEETINGS WITHATTORNEY, FOR MEDICAL TREATMENT AND TO ENGAGE IN METHADONE TREATMENT.DEFENDANT IS TO RETURN TOMORROW, FEBRUARY 3, 2023 AT 11 :00 AM IN ORDER TO HA VELOCATION MONITORING EQUIPMENT ATTACHED. THERE IS A CONFERENCE BEFORE THE U.S.DISTRICT JUDGE ON FEBRUARY 8, 2023 AT 12:30 pm.( Preliminary Revocation Hearing set for 2/8/2023 at 12:30 PM before Judge Paul A. Engelmayer.) (jm) (Entered: 02/03/2023)
2/2/2023Arrest of Rahim Solano. (jm) (Entered: 02/03/2023)
11/22/2022ORDER as to Frank O'Byrant... Accordingly, finding that the § 3553(a) factors do not support a reduction of sentence, the Court denies O'Bryant's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/22/22)(jbo) (Entered: 11/22/2022)
10/26/2022MEMO ENDORSEMENT as to Christopher Napoleonis (15) granting 734 LETTER MOTION addressed to Judge Paul A. Engelmayer from Michael K. Bachrach, Esq. dated October 25, 2022 re: request to modify conditions of supervised release., MOTION to Modify Conditions of Release. ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 734. (Signed by Judge Paul A. Engelmayer on 10/26/2022) (ap) (Entered: 10/26/2022)
10/25/2022 LETTER MOTION addressed to Judge Paul A. Engelmayer from Michael K. Bachrach, Esq. dated October 25, 2022 re: request to modify conditions of supervised release ., MOTION to Modify Conditions of Release . Document filed by Christopher Napoleonis. (Bachrach, Michael) (Entered: 10/25/2022)
9/12/2022MEMO ENDORSEMENT as to Christopher Napoleonis on re: 732 JOINT LETTER by USA as to Christopher Napoleonis addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated September 9, 2022 re: Progress Update. ENDORSEMENT: The Court GRANTS this request, subject to the limitation proposed by the Government. (Signed by Judge Paul A. Engelmayer on 9/12/2022) (ap) (Entered: 09/12/2022)
9/9/2022JOINT LETTER by USA as to Christopher Napoleonis addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated September 9, 2022 re: Progress Update Document filed by USA. (Mark, Eli) (Entered: 09/09/2022)
8/15/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Napoleonis. Notice is hereby given that an official transcript of a Conference proceeding held on 7/5/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/15/2022)
8/15/2022TRANSCRIPT of Proceedings as to Christopher Napoleonis re: Conference held on 7/5/2022 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: George Malinowski, (212) 805-0300, 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. Redaction Request due 9/6/2022. Redacted Transcript Deadline set for 9/15/2022. Release of Transcript Restriction set for 11/14/2022. (McGuirk, Kelly) (Entered: 08/15/2022)
7/6/2022ORDER as to Christopher Napoleonis. It is hereby ordered that the supervised release conditions of co-occurring inpatient treatment for Christopher Napoleonis, the defendant, are continued, and that the defendant is ordered to return to the inpatient treatment program directly from Court today. SO ORDERED (Signed by Judge Paul A. Engelmayer on 7/5/22)(jw) (Entered: 07/06/2022)
7/5/2022Minute Entry for proceedings held before Judge Paul A. Engelmayer:Revocation of Supervised Release - Interim Hearing as to Christopher Napoleonis held on 7/5/2022. Defendant present (on SR) with attorney, Michael Bachrach. AUSA Eli Mark present. USPO Franklin Carvajal present. Court reporter present. Defendant arraigned, pleads NOT GUILTY to Specifications 12 - 16. See transcript. (ajs) (Entered: 07/06/2022)
6/2/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Napoleonis. Notice is hereby given that an official transcript of a Conference proceeding held on 5/10/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 06/02/2022)
6/2/2022TRANSCRIPT of Proceedings as to Christopher Napoleonis re: Conference held on 5/10/22 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, 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. Redaction Request due 6/23/2022. Redacted Transcript Deadline set for 7/5/2022. Release of Transcript Restriction set for 8/31/2022. (Moya, Goretti) (Entered: 06/02/2022)
5/11/2022ORDER as to (16-Cr-317-15) Christopher Napoleonis. It is hereby ordered that that the supervised release conditions for Christopher Napoleonis, the defendant, are modified to include court-mandated co-occurring inpatient treatment. In particular, the Court orders that: 1. The defendant will participate in an inpatient treatment program approved by the United States Probation Office, which program may include testing to determine whether you have reverted to using drugs or alcohol. The defendant must contribute to the cost of services rendered based on your ability to pay and the availability of third-party payments. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance use disorder treatment provider. 2. The defendant must participate in an inpatient mental health treatment program approved by the United States Probation Office. The defendant must continue to take any prescribed medications unless otherwise instructed by the health care provider. The defendant must contribute to the cost of services rendered based on your ability to pay and the availability of third-party payments. The Court authorizes the release of available psychological and psychiatric evaluations and reports, including the presentence investigation report, to the health care provider. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/11/2022)(bw) (Entered: 05/11/2022)
5/10/2022Minute Entry for proceedings held before Judge Paul A. Engelmayer:Revocation of Supervised Release - Interim Hearing as to Christopher Napoleonis held on 5/10/2022. Defendant present (on SR) with attorney (appointed) Michael Bachrach. AUSA Eli Mark present. USPO Franklin Carvajal present. Court reporter present. Defendant sworn, pleads NOT GUILTY to the Specifications. Joint letter due 7/12/2022. See transcript. (ajs) (Entered: 05/10/2022)
5/9/2022 LETTER MOTION addressed to Judge Paul A. Engelmayer from Richard B. Lind, Esq. dated May 9, 2022 re: Substitution of Counsel . Document filed by Christopher Napoleonis. (Lind, Richard) (Entered: 05/09/2022)
4/21/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carlos Lopez. Notice is hereby given that an official transcript of a Sentence proceeding held on 11/5/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 04/21/2022)
4/21/2022TRANSCRIPT of Proceedings as to Carlos Lopez re: Sentence held on 11/5/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, 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. Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022. (Moya, Goretti) (Entered: 04/21/2022)
2/28/2022SCHEDULING ORDER as to Carlos Lopez: The Court has received a motion pursuant to 18 U.S.C. § 2255 from defendant Carlos Lopez. Dkt. 721. The Government's response is due Friday, March 18, 2022. SO ORDERED. (Responses due by 3/18/2022) (Signed by Judge Paul A. Engelmayer on 2/28/2022) (lnl) (Entered: 02/28/2022)
2/24/2022ORDER as to (16-Cr-317-7) Brian McBeth. Pro se petitioner Brian McBeth filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2255 on August 19, 2019. Dkt. 1. On August 22, 2019, this Court referred the case to the Hon. Ona T. Wang, United States Magistrate Judge, Dkt. 2, who ordered the Government to respond, Dkt. 4. On October 28, 2019, the Government responded. Dkt. 13. On January 4, 2022, Judge Wang issued her Report and Recommendation to this Court. Dkt. 14 ("Report")....[*** See this Order ***]... CONCLUSION: For the foregoing reasons, the petition for habeas corpus is denied. The Court declines to issue a certificate of appealability and certifies that any appeal from this order would not be taken in good faith; therefore, in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court is respectfully directed to close the motion pending at docket entry 1 and mail a copy of this decision to plaintiff at the address on file. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/24/2022); Refer to civil case 19-Cv-7825(PAE)(OTW) also. [*** NOTE: On 2/24/2022, the Clerk of the Court has mailed a copy of this Order to: Brian McBeth, Reg. No. 75867-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640. ***] (bw) (Entered: 02/24/2022)
2/23/2022 MOTION UNDER 28 U.S.C. 2255. Document filed by Carlos Lopez. (ap) (Entered: 02/25/2022)
1/5/2022REPORT AND RECOMMENDATIONS as to Brian McBeth re 623 For the foregoing reasons, Petitioner's Section 2255 petition should be denied. Furthermore, because Petitioner has not made a substantial showing of the denial of a constitutional right, as required by 28 U.S.C. § 2253(c)(2), a certificate of appealability should not be issued. The Clerk is directed to mail a copy of this Report and Recommendation to Petitioner. [**Mailed this Order to defendant Brian McBeth at address: REG. No. 75867-054 at F.C.I. Fort Dix, P.O. Box 2000, Fort Dix, NJ 08640**] (Signed by Magistrate Judge Ona T. Wang on 1/4/22)(jw) (Entered: 01/05/2022)
10/26/2021LETTER RESPONSE in Opposition by USA as to Frank O'Byrant addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated October 26, 2021 re: 716 FIRST MOTION to Reduce Sentence Compassionate Release.. (Mark, Eli) (Entered: 10/26/2021)
10/12/2021ORDER as to Frank O'Byrant: The Court has a received a motion for compassionate release on behalf of defendant Frank O'Bryant. The Court directs the Government to respond by Tuesday, October 26, 2021. (Responses due by 10/26/2021) (Signed by Judge Paul A. Engelmayer on 10/12/2021) (ap) (Entered: 10/12/2021)
10/8/2021FIRST MOTION to Reduce Sentence Compassionate Release. Document filed by Frank O'Byrant. Return Date set for 10/25/2021 at 11:00 AM. (Attachments: # 1 Supplement Memorandum of Law, # 2 Exhibit, # 3 Exhibit)(Walters, Robert) (Entered: 10/08/2021)
8/11/2021ORDER as to Carlos Lopez: The Court accordingly denies Lopez's request for release at this time under § 3582(c), but without prejudice to his right to bring a renewed such application. The Clerk of Court is respectfully directed to terminate the motion pending at docket 713. (Signed by Judge Paul A. Engelmayer on 8/11/2021) (See ORDER set forth) (ap) (Entered: 08/11/2021)
8/10/2021LETTER RESPONSE in Opposition by USA as to Carlos Lopez addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated August 10, 2021 re: 713 LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 08-03-2021 re: Renewed Motion for Sentence Reduction pursuant to 18 USC 3582(c) .. (Mark, Eli) (Entered: 08/10/2021)
8/3/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 08-03-2021 re: Renewed Motion for Sentence Reduction pursuant to 18 USC 3582(c) . Document filed by Carlos Lopez. (Attachments: # 1 Exhibit A-C)(Miedel, Florian) (Entered: 08/03/2021)
7/9/2021Set/Reset Deadlines as to Carlos Lopez: Responses due by 8/13/2021. (ap) (Entered: 07/09/2021)
7/9/2021MEMO ENDORSEMENT as to Carlos Lopez (22) granting 711 LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 07-09-2021 re: Request for Extension of Briefing deadline. ENDORSEMENT: Granted. The Government's response is due by August 13, 2021. (Signed by Judge Paul A. Engelmayer on 7/9/2021) (ap) (Entered: 07/09/2021)
7/9/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 07-09-2021 re: Request for Extension of Briefing deadline . Document filed by Carlos Lopez. (Miedel, Florian) (Entered: 07/09/2021)
7/9/2021Set/Reset Deadlines as to Carlos Lopez: Motions due by 8/13/2021. Responses due by 9/3/2021. Replies due by 9/17/2021. (ap) (Entered: 07/09/2021)
7/9/2021MEMO ENDORSEMENT as to Carlos Lopez (22) granting 709 LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 07-08-2021 re: To be Relieved on Sec 2255 motion, and to be appointed on Sec 3582 Motion. ENDORSEMENT: Granted. The Court hereby relieves Mr. Miedel of his appointment to represent Mr. Lopez in connection with his filing of a § 2255 motion. Mr. Lopez's deadline to file any such motion prose is hereby extended from July 16, 2021, to August 13, 2021. The deadline for the Government's response to any such§ 2255 motion is extended from August 6, 2021, to September 3, 2021, and Mr. Lopez's reply, if any, is due by September 17, 2021. The Court also hereby appoints Mr. Miedel for the limited purpose of filing a renewed motion for compassionate release under 18 U.S.C. § 3582(c) on Mr. Lopez's behalf. Such motion is due by July 23, 2021. The Government's response is due by July 30, 2021. Mr. Miedel is hereby directed to provide a copy of and explain this order to Mr. Lopez forthwith. (Signed by Judge Paul A. Engelmayer on 7/9/2021) (ap) (Entered: 07/09/2021)
7/8/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 07-08-2021 re: To be Relieved on Sec 2255 motion, and to be appointed on Sec 3582 Motion . Document filed by Carlos Lopez. (Miedel, Florian) (Entered: 07/08/2021)
6/14/2021Set/Reset Deadlines as to Carlos Lopez: Motions due by 7/16/2021. Responses due by 8/6/2021. Replies due by 8/20/2021. (ap) (Entered: 06/14/2021)
6/14/2021MEMO ENDORSEMENT as to Carlos Lopez (22) granting 707 CONSENT LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 06-14-2021 re: Request for Extension of 2255 Refiling. ENDORSEMENT: Granted. Lopez's submission is due by July 16, 2021. The Government's response is due by August 6, 2021. Lopez's reply, if any, is due by August 20, 2021. (Signed by Judge Paul A. Engelmayer on 6/14/2021) (ap) (Entered: 06/14/2021)
6/14/2021CONSENT LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 06-14-2021 re: Request for Extension of 2255 Refiling Deadline . Document filed by Carlos Lopez. (Miedel, Florian) (Entered: 06/14/2021)
5/17/2021Set/Reset Deadlines/Hearings as to Carlos Lopez:Defendant Replies due by 7/21/2021. Government Responses due by 7/7/2021. (jw) (Entered: 05/17/2021)
5/17/2021MEMO ENDORSEMENT re: 705 CONSENT LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 05-14-2021 re: Request for Filing Extension...ENDORSEMENT...Granted. Lopez's submission is due by June 16, 2021. The Government's response is due by July 7, 2021. Lopez's reply, if any, is due by July 21, 2021. (Signed by Judge Paul A. Engelmayer on 5/17/21) (jw) (Entered: 05/17/2021)
5/14/2021CONSENT LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 05-14-2021 re: Request for Filing Extension . Document filed by Carlos Lopez. (Miedel, Florian) (Entered: 05/14/2021)
4/30/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Robert Wilson. Notice is hereby given that an official transcript of a Conference proceeding held on 4/6/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/30/2021)
4/30/2021TRANSCRIPT of Proceedings as to Robert Wilson re: Conference held on 4/6/21 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, 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. Redaction Request due 5/21/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/29/2021. (McGuirk, Kelly) (Entered: 04/30/2021)
4/13/2021ENDORSED LETTER as to (16-Cr-317-22) Carlos Lopez addressed to Judge Paul A. Engelmayer from Attorney Florian Miedel dated April 13, 2021 re: On March 16, 20121, the Court appointed me to assist Mr. Lopez with the re-filing of his 28 U.S.C. § 2255 petition, and set the deadline for such filing for April 15, 2021. With the consent of the government, I respectfully request a 30-day extension of the briefing deadline. ENDORSEMENT: Granted. Lopez's filing is due by May 17, 2021. The Government's response is due July 1, 2021. Lopez's reply, if any, is due by July 15, 2021. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/13/2021)(bw) (Entered: 04/13/2021)
4/12/2021CONSENT LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 04-12-2021 re: Extension of Briefing Deadline of 2255 Petition Supplemental Brief. Document filed by Carlos Lopez. (Miedel, Florian) (Entered: 04/12/2021)
4/6/2021JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) as to Robert Wilson (16). IMPRISONMENT: Three (3) months. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: The previous term of supervised release is revoked and a new term of two (2) years is imposed. All previous conditions of supervised release remain in place with the following additional special condition: The defendant must participate in vocational counseling and training as directed by the United States Probation Office. (Signed by Judge Paul A. Engelmayer on 4/6/2021) (lnl) (Entered: 04/06/2021)
4/6/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer: TelephonicFinal Hearing re Revocation of Supervised Release as to Robert Wilson held on 4/6/2021. Defendant present (in custody) with attorney, Sabrina Shroff. AUSA Eli Mark present. USPO Robert Terry-Brooks present. Court reporter present. Defendants in person appearance waived. Defendant sworn, changes plea of not guilty to GUILTY on the Specifications. See judgment. (ajs) (Entered: 04/06/2021)
4/5/2021ORDER as to Jonathan Saez: despite the extraordinary and compelling circumstances presented by the COVID-19 pandemicand the special danger they pose to Saezat this time, the § 3553(a) factors are not compatible with the reduction of sentence sought. The Court therefore denies Saezs motion for compassionate release pursuant to 18 U.S.C. § 3582(c) (1)(A)(i). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/5/2021) (See ORDER as set forth) (lnl) (Entered: 04/05/2021)
4/4/2021SENTENCING SUBMISSION by USA as to Robert Wilson. (Mark, Eli) (Entered: 04/04/2021)
4/4/2021SENTENCING SUBMISSION by Robert Wilson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Shroff, Sabrina) (Entered: 04/04/2021)
3/31/2021SCHEDULING ORDER as to Robert Wilson. The Court schedules a telephonic conference in this case for April 6, 2021 at 12:00 p.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/31/21)(jbo) (Entered: 03/31/2021)
3/24/2021JOINT LETTER by USA as to Robert Wilson addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated March 24, 2021 re: Robert Wilson VOSR Conference Scheduling Document filed by USA. (Mark, Eli) (Entered: 03/24/2021)
3/22/2021LETTER RESPONSE in Opposition by USA as to Jonathan Saez addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated March 22, 2021 re: 668 MOTION., 689 LETTER MOTION addressed to Judge Paul A. Engelmayer from Raoul Zaltzberg, Esq. dated 3/15/2021 re: Compassionate Release .. (Attachments: # 1 Exhibit A (BOP Inmate Disciplinary Record), # 2 Exhibit B (Inmate Request to Staff Member Response))(Mark, Eli) (Entered: 03/22/2021)
3/22/2021ORDER as to Robert Wilson: There is a proceeding in this matter scheduled for April 6, 2021. Counsel are directed to confer and, within two business days of this Order, submit a joint letter indicating their views on whether the proceeding should be held or if it should be adjourned (and, if so, for how long). If either party believes that the proceeding should be held, counsel should explain why and indicate their views on (1) whether the proceeding should be held in person or remotely; and (2) whether, if permitted under the Constitution, the Federal Rules, and the CARES Act, the Defendant consents to a remote proceeding and/or to waiving his/her appearance altogether. If the Defendant is detained, counsel should identify the facility in which the Defendant is held, and the Defendant's United States Marshal number; if the Defendant is not detained, counsel should indicate whether the Defendant would be capable of participating in a remote proceeding. Counsel is advised that, for the foreseeable future, some facilities (including the Metropolitan Correctional Center and the Metropolitan Detention Center) may require that any inmate appearing in court be quarantined for 14 days upon returning from their appearance. After reviewing the parties' joint letter, the Court will issue an order indicating whether the proceeding will be held and, if so, how; and addressing any other relevant deadlines and information. If a proceeding is held, it may have to be at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the currently scheduled proceeding that they would be available for a proceeding, whether in person or remote. In the event of a remote proceeding, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. (Signed by Judge Paul A. Engelmayer on 3/22/2021) (ap) (Entered: 03/22/2021)
3/18/2021MEMO ENDORSEMENT as to Robert Wilson on re: 691 The Court had previously ordered sentencing submissions three days in advance of the hearing. In order to facilitate an orderly proceeding, the Government requests the defendant indicate whether he plans to plead and be sentenced at the hearing at least one week prior...ENDORSEMENT...Granted. The conference is adjourned to April 6, 2021 at 12:00pm (Status Conference set for 4/6/2021 at 12:00 PM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 3/18/21)(jw) (Entered: 03/18/2021)
3/17/2021JOINT LETTER by USA as to Robert Wilson addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated March 17, 2021 re: Robert Wilson VOSR Conference Scheduling Document filed by USA. (Mark, Eli) (Entered: 03/17/2021)
3/16/2021Set/Reset Deadlines/Hearings as to Carlos Lopez: Brief due by 4/15/2021. Lopez Replies due by 6/15/2021. Government Responses due by 6/1/2021. (jw) (Entered: 03/16/2021)
3/16/2021ORDER - The Court has reviewed the parties helpful letter regarding the appropriate next steps in this case, and orders as follows. See Dkt. 687 ("Ltr."). Accordingly, the Court grants Lopez's motion for an extension of time to appeal the Court's May 16, 2019 dismissal. He may pursue that appeal within 14 days of this order. Second, in light of the Courts prior dismissal being entirely procedural, and without prejudice to renewal after the disposition of Lopezs direct appeal, Lopez instead seeks leave to re-file his 2019 § 2255 petition. The Government states that it will not oppose that petition on timeliness grounds if the petition does not raise any new claims. Third, Florian Miedel, Esq., whom the Court reappointed for the limited purpose ofassisting Lopez with responding to the Second Circuit's order regarding the timeliness of Lopez's appeal, has requested reappointment to assist Lopez's pursuit of his §2255 petition. The Court grants that request, and reappoints Mr. Miedel for the limited purpose of assisting Lopez with his § 2255 petition. Accordingly, assuming that Lopez does not intend to continue his appeal of the Court's May 2019 denial of his § 2255 petition, the Court sets the following schedule. Lopez may renew his § 2255 petition and any brief in support by April 15, 2021. The Government's response is due June 1, 2021. Lopez's reply, if any, is due June 15, 2021 (Signed by Judge Paul A. Engelmayer on 3/16/2021) (jw) (Entered: 03/16/2021)
3/15/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Raoul Zaltzberg, Esq. dated 3/15/2021 re: Compassionate Release . Document filed by Jonathan Saez. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Zaltzberg, Raoul) (Entered: 03/15/2021)
3/15/2021ORDER as to Robert Wilson. There is a proceeding in this matter scheduled for March 31, 2021. Counsel are directed to confer and, within two business days of this Order, submit a joint letter indicating their views on whether the proceeding should be held or if it should be adjourned (and, if so, for how long). If either party believes that the proceeding should be held, counsel should explain why and indicate their views on (1) whether the proceeding should be held in person or remotely; and (2) whether, if permitted under the Constitution, the Federal Rules, and the CARES Act, the Defendant consents to a remote proceeding and/or to waiving his/her appearance altogether. If the Defendant is detained, counsel should identify the facility in which the Defendant is held, and the Defendant's United States Marshalnumber; if the Defendant is not detained, counsel should indicate whether the Defendant would be capable of participating in a remote proceeding (Signed by Judge Paul A. Engelmayer on 3/15/21)(jw) (Entered: 03/15/2021)
3/10/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Florian Miedel dated 03-10-2021 re: Permission to refile 2255 Petition and Appointment of Counsel . Document filed by Carlos Lopez. (Miedel, Florian) (Entered: 03/10/2021)
3/5/2021PETITIONER'S REPLY TO GOVERNMENT'S BRIEF IN OPPOSITION TO HIS PETITION TO 28 U.S.C. 2255 re: Brian McBeth (jw) (Entered: 03/08/2021)
3/2/2021ORDER as to Carlos Lopez: The Court reappoints Lopez's most recent counsel in his criminal case, Florian Miedel, for the limited purpose of responding to this order. The parties shall inform the Court of their views as to how best to proceed in light of the above. Mr. Miedel's submission, on Lopez's behalf, is due by March 10, 2021. The Government's submission is due by March 15, 2021. Those submissions should address whether Lopez is entitled to relief under Fed. R. App. P. 4(a)(5) or (6), and whether he is able to file a new § 2255 motion bringing his claims of ineffective assistance of counsel, given the Court's May 2019 denial without prejudice to his doing so, the Circuit's August 2019 decision in his direct appeal, and the Court's issuance of an amended judgment in November 2020. (Signed by Judge Paul A. Engelmayer on 3/2/2021) (See ORDER set forth) (ap) Modified on 3/3/2021 (ap). (Entered: 03/02/2021)
3/1/2021MEMO ENDORSEMENT 683 Motion for Extension of Time to File as to Jonathan Saez...ENDORSEMENT...Granted. The Government's response will be due seven days later. SO ORDERED (Signed by Judge Paul A. Engelmayer on 3/1/21) (jw) (Entered: 03/01/2021)
2/26/2021 MOTION for Extension of Time to File . Document filed by Jonathan Saez. (Zaltzberg, Raoul) (Entered: 02/26/2021)
2/22/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer: TelephonicRevocation of Supervised Release - Interim Hearing as to Robert Wilson held on 2/22/2021.Defendant present (in custody) with attorney, Sabrina Shroff. AUSA Eli Mark present. USPO Robert Terry-Brooks present. Court reporter present. All parties present via telephone. Defendants in person appearance waived. See transcript. (ajs) (Entered: 02/22/2021)
2/19/2021ORDER as to Carlos Lopez. The Court has received the attached letter from sentenced defendant Carlos Lopez, seeking a transfer from the MDC to a longer-term facility. Although prison designations and the timing of transfers are matters which with the Bureau of Prisons and not the courts are tasks, the Court shares Mr. Lopezs concerns about the length of his post-sentencing tenure in the MDC. The Court asks Lopezs trial counsel, Florian Miedel, Esq., to investigate this issue and notify the Court, by letter due March 5, 2021, whether any judicial recommendation or other action would be fruitful. The Clerk of Court is respectfully directed to mail a copy of this order to Mr. Lopez. [**Mailed this Order to defendant Carlos Lopez at Register #79367-054, Metropolitan Detention Center Brooklyn, PO BOX 329002, Brooklyn, NY 11232**] (Signed by Judge Paul A. Engelmayer on 2/19/2021)(jw) (Entered: 02/19/2021)
2/19/2021MEMO ENDORSEMENT as to Robert Wilson on re: 680 LETTER by Robert Wilson addressed to Judge Paul A. Engelmayer from Sabrina P. Shroff dated February 18, 2021 re: Request for time change or adjournment of status conference. ENDORSEMENT: DENIED. Due to the nature of centralized scheduling of conferences with incarcerated defendants at this time, the Court does not have the flexibility to reschedule this conference as requested. The conference would have to be adjourned substantially. Accordingly, Monday's conference will go forward as scheduled (Dkt. No. 679). The Clerk of Court is requested to terminate the motion at Dkt. No. 680. (Signed by Judge Paul A. Engelmayer on 2/19/2021) (ap) (Entered: 02/19/2021)
2/18/2021 LETTER by Robert Wilson addressed to Judge Paul A. Engelmayer from Sabrina P. Shroff dated February 18, 2021 re: Request for time change or adjournment of status conference (Shroff, Sabrina) (Entered: 02/18/2021)
2/17/2021SCHEDULING ORDER as to (16-Cr-317-16) Robert Wilson. The Court schedules a telephonic conference in this case for February 22, 2021 at 10:30 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/17/2021)(bw) (Entered: 02/17/2021)
2/12/2021MEMO ENDORSEMENT as to Robert Wilson Sr. (17) terminating 665 LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas H. Nooter dated January 27, 2021 re: Modification of terms of Home Confinement partially on consent. ENDORSEMENT: The Court denies Mr. Wilson's request, substantially for the reasons given by the Government on behalf of the Probation Department. The Court encourages the Probation Department, in consultation with Mr. Wilson's counsel, to explore whether there are alternative means of affording Mr. Wilson opportunities for fresh air and exercise consistent with the concerns articulated by the Probation Department. The Clerk of Court is requested to terminate the motion at Dkt. No. 665. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/12/2021) (lnl) (Entered: 02/12/2021)
2/9/2021ORDER as to Jonathan Saez: On January 29, 2021, the Court reappointed Jonathan Saez's trial counsel, Joshua Adam Levine, Esq., for the purpose of submitting a letter memorandum in support of Mr. Saez's motion for compassionate release. Dkt. 670. Trial counsel has declined to represent Mr. Saez due to Mr. Saez's prior motion to vacate his sentence, which included allegations of ineffective assistance of counsel. See Dkt. 676; see also 18 Civ. 8425, Dkt. 1. The Court appoints Raoul Zaltzberg, Esq., todays CJA duty attorney, to assume the representation of Mr. Saez for the purpose of writing a supplemental letter memorandum in support of Mr. Saez's application for compassionate release. The Court extends the briefing deadlines to the following: Defendant's memorandum is due by March 1, 2021. The Government's response is due by March 8, 2021. The Court does not invite any reply at this time. SO ORDERED. (Responses due by 3/8/2021) (Signed by Judge Paul A. Engelmayer on 2/9/2021) (lnl) (Entered: 02/09/2021)
2/8/2021 LETTER by Jonathan Saez addressed to Judge Paul A. Engelmayer from Mark J. Stein dated February 8, 2021 re: Court's Order dated January 29, 2021 [Dkt. No. 670] (Stein, Mark) (Entered: 02/08/2021)
2/2/2021 LETTER by USA as to Robert Wilson Sr. addressed to Judge Paul A. Engelmayer from Matthew Laroche dated February 2, 2021 re: Home Confinement Request Document filed by USA. (Laroche, Matthew) (Entered: 02/02/2021)
1/29/2021674MEDICAL ATTENTION FORM: as to (16-Cr-317-16) Robert Wilson. To the Wardens of the Metropolitan Correctional Center, the Metropolitan Detention Center, or any other detention facility: The above-named defendant has been remanded in lieu of bail at the time of his/her presentment before this Court. At that time, the following information requiring medical attention for the defendant was disclosed: (*** See this document for complete details. ***) SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/29/2021) (bw) (Entered: 02/01/2021)
1/29/2021Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Initial Appearance re: Revocation of Supervised Release as to Robert Wilson (16) held on 1/29/2021. AUSA Eli J. Mark. Defense Counsel Sabrina Shroff (CJA). Proceeding: VOSR. BAIL DISPOSITION: Detention: Risk of Flight/Danger. See Transcript. COMMENTS: Defendant advised by the Court of the right to be present, and consented to proceed by remote means. (bw) (Entered: 02/01/2021)
1/29/2021ORDER as to (16-Cr-317-16) Robert Wilson. This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No 116182, 134 Stat. 894 (Oct. 21, 2020), to confirm the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. (*** See this Order for complete details. ***) SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/29/2021)(bw) (Entered: 02/01/2021)
1/29/2021Attorney update in case as to Robert Wilson (16). Attorney Sabrina P. Shroff for Robert Wilson added. (bw) (Entered: 02/01/2021)
1/29/2021671CJA 23 Financial Affidavit by (16-Cr-317-16) Robert Wilson. APPROVED: (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/29/2021); Attorney Sabrina P. Shroff. (bw) (Entered: 02/01/2021)
1/29/2021ORDER as to Jonathan Saez: The Court has received a pro se motion for compassionate release from defendant Jonathan Saez. Dkt. 668. The Court asks Mr. Saez's CJA trial counsel, Joshua Adam Levine, Esq., to submit a memorandum in support of Mr. Saez's motion, and to the extent necessary, reappoints Mr. Levine to represent Mr. Saez for this purpose. This memorandum is due February 15, 2021. The Government's response is due February 22, 2021. The Court does not invite a reply. (Motions due by 2/15/2021. Responses due by 2/22/2021) (Signed by Judge Paul A. Engelmayer on 1/29/2021) (ap) (Entered: 01/29/2021)
1/29/2021 MOTION FOR COMPASSIONATE RELEASE. Document filed by Jonathan Saez. (ap) (Entered: 01/29/2021)
1/28/2021ORDER as to Brian McBeth. By February 5, 2021, Defendant is directed to file its response to Plaintiffs habeas petition, currently filed on the docket in the related criminal case, US v. McBeth, No. 1:16-cr-00317-PAE-7, on the docket in this matter. Going forward, filings must be made on both dockets. The clerk is respectfully directed to mail a copy of this order to Plaintiff.(Government Responses due by 2/5/2021) [**Mailed This Order to defendant Brian McBeth, REG. No. 75867-054, F.C.I. Fort Dix, P.O. Box 2000, Fort Dix, NJ 08640**] (Signed by Magistrate Judge Ona T. Wang on 1/28/21)(jw) (Entered: 01/29/2021)
1/28/2021MEMO ENDORSEMENT as to Robert Wilson Sr. on re: 665 LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas H. Nooter dated January 27, 2021 re: Modification of terms of Home Confinement partially on consent. ENDORSEMENT: The Court grants the first request for modification, and authorizes the defendant to attend the funerals identified in counsel's letter. As to the second request, which the Court understands to be opposed, the Court directs the Government to respond by letter due February 2, 2021, setting out the basis for its opposition. (Responses due by 2/2/2021) (Signed by Judge Paul A. Engelmayer on 1/28/2021) (ap) (Entered: 01/28/2021)
1/28/2021 LETTER by USA as to Brian McBeth addressed to Magistrate Judge Ona T. Wang from Assistant U.S. Attorney Eli J. Mark dated January 28, 2021 re: Defendant Brian McBeth's Letter Document filed by USA. (Mark, Eli) (Entered: 01/28/2021)
1/27/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas H. Nooter dated January 27, 2021 re: Modification of terms of Home Confinement partially on consent. Document filed by Robert Wilson Sr.. (Nooter, Thomas) (Entered: 01/27/2021)
1/27/2021 LETTER by Brian McBeth addressed to [Not Addressed], from Brian McBeth dated 1/19/2021 re: Defendant writes regarding response. (ap) (Entered: 01/27/2021)
1/25/2021MEMO ENDORSEMENT as to Gabriel Ocascio (11) granting 662 LETTER MOTION addressed to Judge Paul A. Engelmayer from Jill R. Shellow dated 1/25/2021 re: Request to be appointed to file a compassionate release motion. ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 662. (Signed by Judge Paul A. Engelmayer on 1/25/2021) (ap) (Entered: 01/25/2021)
1/25/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Jill R. Shellow dated 1/25/2021 re: Request to be appointed to file a compassionate release motion . Document filed by Gabriel Ocascio. (Shellow, Jill) (Entered: 01/25/2021)
1/20/2021Rule 5(c)(3) Documents Received as to Robert Wilson from the United States District Court - Northern District of New York. (jm) (Entered: 01/20/2021)
11/5/2020AMENDED JUDGMENT IN A CRIMINAL CASE as to Carlos Lopez (22). Date of Original Judgment: 1/26/2018. THE DEFENDANT: pleaded guilty to count One (1) of the S7 Indictment. IMPRISONMENT: One hundred twenty (120) months. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be relocated to his designated facility as quickly as possible. It is strongly recommended that the defendant be given priority placement in and RDAP program in a facility as close to New York City, as possible. The Court recommends that the defendant be relocated to his designated facility as quickly as possible. It is strongly recommended that the defendant be given priority placement in and RDAP program in a facility as close to New York City, as possible. SUPERVISED RELEASE: Three (3) years. See ADDITIONAL SUPERVISED RELEASE TERMS. ASSESSMENT: $100.00 due immediately. (Signed by Judge Paul A. Engelmayer on 11/5/2020)(ap) Modified on 11/6/2020 (ap). (Entered: 11/05/2020)
11/5/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Sentencing via video held on 11/5/2020 for Carlos Lopez (22) Count 1. Defendant present (in custody) with attorney, Florian Miedel. AUSA Matthew Larcohe present. Court reporter present. All parties present via video. See judgment. (ajs) (Entered: 11/05/2020)
11/4/2020ORDER as to Carlos Lopez. This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to confirm the Government's disclosure obligations under Brady v. This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to confirm the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. (See ORDER set forth). (Signed by Judge Paul A. Engelmayer on 10/30/2020)(ajs) (Entered: 11/04/2020)
10/28/2020SCHEDULING ORDER as to Carlos Lopez. A conference scheduled for November 5, 2020 at 9:00 a.m., is to occur as a video/teleconference using the CourtCall. As requested, defense counsel will be given an opportunity to speak with the Defendant by telephone for fifteen minutes before the sentencing proceeding begins; defense counsel should make sure to answer the telephone number that was previously provided to Chambers at that time. (Chambers will provide counsel with a telephone number at which the interpreter can be reached at the time of the pre- conference; it is counsel's responsibility to conference the interpreter in with the Defendant for the pre-conference.) To optimize the quality of the video feed, the Court, the Defendant, and defense counsel will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the CourtCall system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling 855-268-7844 and using access code 32091812# and PIN 9921299#..... (Status Conference set for 11/5/2020 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/28/2020)(jbo) (Entered: 10/28/2020)
9/3/2020ORDER as to Robert Wilson Sr.: On August 31, 2020, the Court granted defendant Robert Wilson Sr.'s motion for compassionate release, pursuant to 18 U.S.C. § 3582(c), and ordered his release from federal custody on September 4, 2020. See Dkt. 656. It is hereby further ordered that: 1. Following release from custody, the defendant is to self-quarantine for 14 days and report to the Probation Department at 500 Pearl Street, 6th floor, by 10 a.m. on the 15th day to have a GPS tracker affixed to his ankle; 2. Within 72 hours of his release, the defendant is to contact Supervisory U.S. Probation Officer Enid Febus at (212) 805-5074; 3. The defendant shall serve the first 12 months of supervised release on home incarceration, to be enforced by GPS Monitoring at a residence approved by Probation, and this period of time will be counted as part of the defendant's term of supervision; 4. The defendant must remain at his approved residence at all times, except to seek any necessary medical treatment, in each instance with prior notice and approval by the Probation Department unless it is a medical emergency; 5. The defendant is to possess or have access to a telephone that will allow video conferencing by the Probation Department. He must ensure said phone is on at all times and answered; and 6. The mandatory conditions, standard conditions, and special conditions of supervised release, imposed in connection with the defendant's sentencing, remain in place, for a period of 36 months from the date of the defendant's release. (Signed by Judge Paul A. Engelmayer on 9/3/2020) (ap) (Entered: 09/03/2020)
8/31/2020ORDER as to Robert Wilson Sr.: The Court grants Wilson Sr.'s motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). The Court directs that Wilson Sr. be released on Friday, September 4, 2020, and begin serving the three-year term of supervised release previously ordered by Judge Forrest, subject to the special conditions imposed at the time of sentence. See Sent. Tr. at 2930. The Court further requires, as proposed by the defense, that the first 12 months of the term of supervised release be subject to a special condition of home confinement. This condition, the Court finds, will guard against recidivism and assist in Wilson Sr.s transition back to living in free society. The Court further directs that by Thursday, September 3, 2020, at 2:00 p.m., the Government and the defense, in consultation with the Probation Department, supply the Court with a proposed order memorializing the full conditions of home confinement, including setting out the means by which the Probation Department will monitor Wilson Sr.'s whereabouts and compliance with the terms of home confinement. The Court expects to issue an order along the lines proposed the same day, on Thursday, September 3, 2020, such that this order will be in place as of the date of Wilson Sr.'s release. (Signed by Judge Paul A. Engelmayer on 8/31/2020) (See ORDER set forth) (ap) (Entered: 08/31/2020)
8/26/2020 LETTER by USA as to Robert Wilson Sr. addressed to Judge Paul A. Engelmayer from Matthew Laroche dated August 26, 2020 re: Compassionate Release Motion Document filed by USA. (Laroche, Matthew) (Entered: 08/26/2020)
8/19/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas H. Nooter, Attorney for Defendant dated August 19, 2020 re: Request for Compassionate Release . Document filed by Robert Wilson Sr.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Nooter, Thomas) (Entered: 08/19/2020)
8/6/2020 LETTER by Carlos Lopez addressed to Judge Paul A. Engelmayer from Florian Miedel dated 08-06-2020 re: Notifying Court of Mr. Lopez's Position re Resentencing (Miedel, Florian) (Entered: 08/06/2020)
8/6/2020Set/Reset Deadlines/Hearings as to Robert Wilson Sr. :Defense Counsel Replies due by 8/19/2020. Government Responses due by 8/26/2020. (jw) (Entered: 08/06/2020)
8/6/2020MEMO ENDORSEMENT 651 LETTER MOTION To request additional time to file a compassionate release motion as to Robert Wilson Sr....ENDORSEMENT...Granted. Defense counsel's submission is due August 19, 2020, and the Government's response is due August 26, 2020. The Clerk of Court is respectfully directed to close the motion pending at docket 651. (Signed by Judge Paul A. Engelmayer on 8/6/2020) (jw) (Entered: 08/06/2020)
8/5/2020AMENDED LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas H. Nooter dated August 5, 2020 re: Corrected Letter Motion for Extension of time to file CR motion on CONSENT: replaces wrong letter filed earlier today. Document filed by Robert Wilson Sr.. (Nooter, Thomas) (Entered: 08/05/2020)
8/5/2020MEMO ENDORSEMENT denying without prejudice 649 SECOND LETTER MOTION filed by Robert Wilson Sr. (17), addressed to Judge Paul A. Engelmayer from Attorney Thomas H. Nooter dated August 5, 2020 re: Extension of time to file CR motion on CONSENT. ENDORSEMENT: The Court has received counsel's letter motion, which appears to be moot following the Court's July 21, 2020, Order granting the relief sought. Dkt. 648. Accordingly, the motion is denied without prejudice to counsel filing another motion clarifying his request. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/5/2020) (bw) (Entered: 08/05/2020)
8/5/2020SECOND LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas H. Nooter dated August 5, 2020 re: Extension of time to file CR motion on CONSENT. Document filed by Robert Wilson Sr.. (Nooter, Thomas) (Entered: 08/05/2020)
7/21/2020Set/Reset Deadlines as to Robert Wilson Sr. : Motions due by 8/5/2020. Responses due by 8/12/2020. (ap) (Entered: 07/21/2020)
7/21/2020MEMO ENDORSEMENT as to Robert Wilson Sr. (17) granting 647 LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas H. Nooter dated July 20, 2020 re: CONSENT request to extend motion filing schedule. ENDORSEMENT: Granted. Defense counsel's submission is due August 5, 2020, and the Government's response is due August 12, 2020. (Signed by Judge Paul A. Engelmayer on 7/21/2020) (ap) (Entered: 07/21/2020)
7/20/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas H. Nooter dated July 20, 2020 re: CONSENT request to extend motion filing schedule . Document filed by Robert Wilson Sr.. (Nooter, Thomas) (Entered: 07/20/2020)
7/20/2020MEMO ENDORSEMENT as to Robert Wilson Sr. granting 645 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lawrence A. Dubin, Esq. dated July 17, 2020 re: letter motion to appoint CJA counsel. ENDORSEMENT: GRANTED. The Court appoints Thomas Nooter, Esq., to represent Mr. Wilson, Sr. for the purpose of his compassionate release motion. The Clerk of Court is requested to terminate the motion at Dkt. No. 645. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/20/2020)(lnl) (Entered: 07/20/2020)
7/17/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lawrence A. Dubin, Esq. dated July 17, 2020 re: letter motion to appoint CJA counsel . Document filed by Robert Wilson Sr.. (Dubin, Lawrence) (Entered: 07/17/2020)
7/16/2020ORDER as to (16-Cr-317-17) Robert Wilson Sr. The Court has received the attached correspondence from defendant Robert Wilson Sr., which the Court treats as a pro se motion for compassionate release. This correspondence inadvertently was not attached to the order at Dkt. 643. The briefing schedule set in Dkt. 643 remains. The Clerk of Court is respectfully directed to mail a copy of this order to Mr. Wilson at FCI Allenwood, P.O. Box 2000, White Deer, PA 17887. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/16/2020) [*** NOTE: On 7/16/2020, the Clerk of Court has mailed a copy of this Order to Mr. Robert Wilson Sr. ***](bw) (Entered: 07/16/2020)
7/15/2020ORDER as to Robert Wilson Sr. The Court has received the attached correspondence from defendant Robert Wilson Sr., which the Court treats as a pro se motion for compassionate release. To assure able briefing and thoroughgoing consideration of the issues presented, the Court asks trial counsel for Mr. Wilson to submit a memorandum of law in support of this application. This letter is due Tuesday, July 21, 2020. The Governments response is due Thursday, July 23, 2020. The Court encourages Government and defense counsel to confer in advance of these submissions to assure a full mutual understanding of the issues presented and arguments to be made. The Clerk of Court is respectfully directed to mail a copy of this order to Mr. Wilson at FCI Allenwood, P.O. Box 2000, White Deer, PA 17887 (Government Responses due by 7/23/2020) [**Mailed to defendant Mr. Wilson on 7/15/2020**] (Signed by Judge Paul A. Engelmayer on 7/15/20)(jw) Modified on 7/15/2020 (jw). (Entered: 07/15/2020)
7/15/2020 LETTER addressed to Judge Katherine B. Forrest re: Letter from Robert Wilson (jw) (Entered: 07/15/2020)
6/19/2020OPINION & ORDER as to Jonathan Saez: Because no party has timely submitted objections to the Report, review for clear error is appropriate. Careful review of Judge Aaron's thorough and well-reasoned Report reveals that there is no facial error in its conclusions. The Court, therefore, adopts the Report in its entirety. The petition for habeas corpus is denied. In addition, the Report expressly states that "FAILURE TO OBJECT WITIIN FOURTEEN (14) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW." Report at 19. Accordingly, each party's failure to object to the Report in a timely manner operates as a waiver of appellate review. See Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008); Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (per curiam). The Court declines to issue a certificate of appealability and certifies that any appeal from this order would not be taken in good faith; therefore, in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court is respectfully directed to close this case and to mail a copy of this order to Saez. (Signed by Judge Paul A. Engelmayer on 6/19/2020)(Docketed in Civil Case No. 18 Civ. 8425(PAE)(SDA)) (Mailing effected in civil case) (lnl) (Entered: 06/19/2020)
6/10/2020ORDER as to Carlos Lopez: Accordingly, finding that the § 3553(a) factors do not support a reduction of sentence, the Court denies Lopez's motion for compassionate release pursuant to 18 U.S.C. § 3582( (1)(A)(i). The denial is without prejudice to Lopez's ability to file a later application for compassionate release, made closer to Lopez's release date, which might then be compatible with the § 3553(a) factors. The Clerk of Court is respectfully directed to terminate the motion pending at docket 638 and to mail a copy of this order to Lopez. (Signed by Judge Paul A. Engelmayer on 6/10/2020) (See ORDER set forth) (Copy Mailed to Defendant at address verified through BOP) (ap) Modified on 6/11/2020 (ap). (Entered: 06/11/2020)
6/10/2020 LETTER by Carlos Lopez as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Rahim Solano, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz, Kashim Wilson, Carlos Lopez addressed to Judge Paul A. Engelmayer from J. Bruce Maffeo dated June 10, 2020 re: Compassionate Release- Recent Decision (Chunn, et al v. Edge) Document filed by Carlos Lopez. (Maffeo, J) (Entered: 06/10/2020)
6/4/2020 MOTION For Compassionate Release Pursuant to 18 USC 3582(c)(1)(A)(i) Document filed by Carlos Lopez. (jw) (Entered: 06/05/2020)
6/4/2020ORDER as to Carlos Lopez. The Court has received the attached letter from defendant Carlos Lopez. The Court will consider the letter in connection with Lopez's pending motion for compassionate release (Signed by Judge Paul A. Engelmayer on 6/4/2020)(jw) (Entered: 06/04/2020)
6/4/2020ORDER as to Carlos Lopez. Defendant Carlos Lopez requires representation in connection with the Second Circuit's limited remand for the purpose of revising, at a re-sentencing proceeding, the search condition of his term of supervised release. Bruce Maffeo, Esq., who represented Mr. Lopez below, has requested to be relieved, and the Court has determined to honor that request. The Court has further determined that today's CJA duty attorney, Florian Miedel, Esq., is available to represent Mr. Lopez. The Court accordingly relieves Mr. Maffeo and appoints Mr. Miedel for that purpose. The Court thanks Mr. Maffeo for his service. For avoidance of doubt, the Court does not invite additional submissions from Mr. Miedel on Mr. Lopez's pending pro so application for compassionate release. The Court has received a helpful memorandum from Mr. Maffeo in support of that application as well as a helpful memorandum in opposition from the Government. That application is under review and the Court anticipates resolving it soon without the need for additional written advocacy. (Signed by Judge Paul A. Engelmayer on 6/4/20)(jw) (Entered: 06/04/2020)
6/1/2020 LETTER by USA as to Carlos Lopez addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated June 1, 2020 re: Request for Compassionate Release Document filed by USA. (Mark, Eli) (Entered: 06/01/2020)
5/29/2020 LETTER dated 5/20/2020 re: Letter from Brian McBeth (jw) (Entered: 05/29/2020)
5/28/2020 LETTER by Carlos Lopez as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Rahim Solano, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz, Kashim Wilson, Carlos Lopez addressed to Judge Paul A. Engelmayer from J. Bruce Maffeo dated May 28, 2020 re: Compassionate Release Document filed by Carlos Lopez. (Maffeo, J) (Entered: 05/28/2020)
5/26/2020 LETTER by Carlos Lopez as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Rahim Solano, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz, Kashim Wilson, Carlos Lopez addressed to Judge Paul A. Engelmayer from J. Bruce Maffeo dated May 26, 2020 re: Carlos Lopez- Pro Se Motion for Compassionate Release Document filed by Carlos Lopez. (Maffeo, J) (Entered: 05/26/2020)
5/26/2020ORDER as to Carlos Lopez: The Court has received the attached letter from defendant Carlos Lopez, which the Court treats as a pro se motion for compassionate release. To assure able briefing and thoroughgoing consideration of the issues presented, the Court asks trial counsel for Mr. Lopez to submit a memorandum of law in support of this application This letter is due Thursday, May 28, 2020. The Government's response is due Monday, June 1, 2020. The Court encourages Government and defense counsel to confer in advance of these submissions to assure a full mutual understanding of the issues presented and arguments to be made. SO ORDERED. (Responses due by 6/1/2020) (Signed by Judge Paul A. Engelmayer on 5/26/2020) (lnl) (Entered: 05/26/2020)
11/15/2019LETTER addressed to Judge Paul A. Engelmayer from Defendant (16-Cr-317-22) Carlos A. Lopez dated October 31, 2019 re: I am writing to inform you that the delay with my notice of appearance form was mailed to my last facility in Virginia, Gilmer FCI. I was not there at the time and currently in MDC Brooklyn where I'm currently awaiting a court date. I just received the form on October 30, 2019 which was yesterday and the deadline is today. I called the clerks office of the appeals court and briefly explained my situation, she then informed me to mail the papers as soon as possible and that everything should be fine. I am writing you to inform you on the matter and if may paperwork shall arrive late thanking you for taking the time to read this. (bw) (Entered: 11/15/2019)
11/14/2019LETTER from Defendant (16-Cr-317-06) Jonathan Saez, not dated re: I am providing my cousin affidavit to the court for consideration in my case against my legal counsel during plea negotiation. Please add this to the record for the courts final deliberation.(bw) (Entered: 11/15/2019)
10/28/2019 LETTER by USA as to Brian McBeth addressed to Magistrate Judge Ona T. Wang from Matthew Laroche dated October 28, 2019 re: Opposition to 2255 Petition Document filed by USA. (Attachments: # 1 Exhibit A - Plea Agreement, # 2 Exhibit B - Plea Transcript, # 3 Exhibit C - Sentencing Transcript)(Laroche, Matthew) (Entered: 10/28/2019)
10/8/2019PETITIONER'S REPLY. Document filed by (16-Cr-317-06) Jonathan Saez. [*** NOTE: Also docketed in related civil case 18-Cv-8425(PAE)(SDA), Doc.#18. ***] (bw) (Entered: 10/09/2019)
9/27/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Michael K. Bachrach, Esq. dated September 27, 2019 ., MOTION to Appoint Counsel for purposes of re-sentencing after remand from Second Circuit. Document filed by Carlos Lopez. (Bachrach, Michael) (Entered: 09/27/2019)
8/27/2019ORDER TO ANSWER, 28 U.S.C. § 2255 as to Brian McBeth... The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, hereby ORDERS that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. Responses due by 10/28/2019. Refer to 19cv7825 (PAE) (Signed by Magistrate Judge Ona T. Wang on 8/27/19)(jw) (Entered: 08/27/2019)
8/27/2019Transmission of USCA Mandate to the District Judge re: 624 USCA Mandate. (nd) (Entered: 08/27/2019)
8/27/2019MANDATE of USCA (Certified Copy) as to Carlos Lopez re:, 596 Notice of Appeal. USCA Case Number 18-2349. Steven Y. Yurowitz, counsel for Appellant, moves for permission to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 (1967), and the Government moves to dismiss the appeal based on Appellant's valid appeal waiver or for summary affirmance. Upon due consideration, it is hereby ORDERED that the Anders motion is DENIED, the motion to dismiss is GRANTED in part with respect to Appellant's appeal of his terms of imprisonment and supervised release, and the motion for summary affirmance is GRANTED in part with respect to Appellant's appeal of his conviction, special conditions 1 through 3 and 5 through 6 of supervised release, and special assessment. However, it is ORDERED that the Government's motion for summary affirmance is DENIED in part with respect to special condition 4, which requires Appellant to submit to searches of his person, residence, business, and vehicle. There is a discrepancy between the written version of the judgment and the oral sentence. The written judgment requires that Appellant "submit his person, residence, place of business, vehicle, or any other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of the release may be found." 2d Cir. 18-2349, doc. 31 at 83 (J.). But at sentencing, the district court omitted the phrase "to a search" and did not state that the probation officer requires a reasonable belief of a violation; rather, it used the phrase "reasonably requested by probation." Id. at 76 (Tr.). Accordingly, it is hereby ORDERED that special condition 4 is VACATED and the case is REMANDED for resentencing. On remand, at a hearing at which Appellant is present, the district court should clarify that it intended to impose a search condition and whether it meant to impose the "reasonable belief" requirement included in the written judgment. See United States v. Handakas, 329 F.3d 115, 119 (2d Cir. 2003) (remanding to permit defendant to challenge imposition of special condition imposed in written judgment, but not orally announced at sentencing).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/27/2019. (nd) (Entered: 08/27/2019)
8/19/2019 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Brian McBeth. (rdz)
Civil case 1:19-cv-07825 opened. (sac). (Entered: 08/20/2019)
8/12/2019Attorney-Client Privilege Waiver (Informed Consent). Document filed by (16-Cr-317-06) Jonathan Saez. Dated: 8/7/2019. [*** NOTE: Also docketed in related Civil Case 18-Cv-8425(PAE)(SDA), Doc.#15. ***] (bw) (Entered: 08/13/2019)
8/6/2019Transmission of USCA Order to the District Judge re: 621 USCA Order. (nd) (Entered: 08/06/2019)
8/6/2019ORDER of USCA (certified copy) re: 596 Notice of Appeal. USCA Case Number 18-2349. Steven Y. Yurowitz, counsel for Appellant, moves for permission to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 (1967), and the Government moves to dismiss the appeal based on Appellant's valid appeal waiver or for summary affirmance. Upon due consideration, it is hereby ORDERED that the Anders motion is DENIED, the motion to dismiss is GRANTED in part with respect to Appellant's appeal of his terms of imprisonment and supervised release, and the motion for summary affirmance is GRANTED in part with respect to Appellant's appeal of his conviction, special conditions 1 through 3 and 5 through 6 of supervised release, and special assessment. However, it is ORDERED that the Government's motion for summary affirmance is DENIED in part with respect to special condition 4, which requires Appellant to submit to searches of his person, residence, business, and vehicle. There is a discrepancy between the written version of the judgment and the oral sentence. The written judgment requires that Appellant "submit his person, residence, place of business, vehicle, or any other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of the release may be found." 2d Cir. 18-2349, doc. 31 at 83 (J.). But at sentencing, the district court omitted the phrase "to a search" and did not state that the probation officer requires a reasonable belief of a violation; rather, it used the phrase "reasonably requested by probation." Id. at 76 (Tr.). Accordingly, it is hereby ORDERED that special condition 4 is VACATED and the case is REMANDED for resentencing. On remand, at a hearing at which Appellant is present, the district court should clarify that it intended to impose a search condition and whether it meant to impose the "reasonable belief" requirement included in the written judgment. See United States v. Handakas, 329 F.3d 115, 119 (2d Cir. 2003) (remanding to permit defendant to challenge imposition of special condition imposed in written judgment, but not orally announced at sentencing). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 08/06/2019. (nd) (Entered: 08/06/2019)
7/29/2019ORDER re: Attorney-Client Privilege Waiver (Informed Consent) as to Jonathan Saez. Order re: Attorney-Client Privilege Waiver (Informed Consent)IT IS HEREBY ORDERED that Jonathan Saez execute and return to this court within 60 days from todays date the accompanying Attorney-Client Privilege Waiver (Informed Consent) form. If the document is not received by the court within 60 days from todays date, the court will recommend denial of the §2255 motion, on the ground that the movant failed to authorize the disclosure of information needed to permit the Government to respond to the motion; and it is further ORDERED that Former Counsel shall give sworn testimony, in the form of an affidavit, addressing the allegations of ineffective assistance of counsel made by movant, as specified in the Courts prior order dated July 9, 2019 (see Docket Entry 12, No. 18-cv-8425), within 30 days from receipt of the executed Informed Consent form. The Clerk of Court is directed to mail a copy of this Order and accompanying form to the pro se Plaintiff. (Signed by Magistrate Judge Stewart D. Aaron on 7/29/19)(jw) (Entered: 07/29/2019)
7/26/2019 LETTER MOTION addressed to Magistrate Judge Stewart D. Aaron from Assistant U.S. Attorney Eli J. Mark dated July 26, 2019 re: Informed Consent and Former Attorney Affidavit . Document filed by USA as to Jonathan Saez. (Attachments: # 1 Text of Proposed Order, # 2 Douglas v. U.S.)(Mark, Eli) (Entered: 07/26/2019)
7/10/2019MANDATE of USCA (Certified Copy) as to Luis Cruz, Robert Wilson Sr. re: 502 Notice of Appeal, 524 Notice of Appeal. USCA Case Number 17-2592 (L), 17-2826 (Con). Upon due consideration, it is hereby ORDERED that the Governments motion to dismiss is GRANTED with respect to the appeal of Luis Cruz. It is further ORDERED that the Anders motion is GRANTED, the Government's motion to dismiss Wilson's appeal with respect to his terms of imprisonment and supervised release is GRANTED, and the Government's motion for summary affirmance of Wilson's conviction, special conditions of supervised release, and special assessment is GRANTED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/10/2019. (nd) (Entered: 07/10/2019)
7/9/2019ORDER as to Jonathan Saez: It is hereby Ordered that, no later than Wednesday, July 31, 2019, Saez's former attorney, Mark Stein, shall file an affidavit or declaration regarding the facts and circumstances surrounding the Government's first plea offer to Saez (see Pet., ECF No. 1, at 4, 14-15; Opp., ECF No. 11, at 7) including, inter alia: (1) the date such offer was extended; (2) the terms of such offer; (3)when such offer was communicated to Saez; (4) whether the offer expired or was withdrawn and when that occurred; and (5) whether Saez ever stated that he wished to accept the first plea offer and, if so, on what date. By the same date, Respondent may submit its own affidavit or declaration regarding the facts and circumstances surrounding the first plea offer if it so chooses. Petitioner shall file any response no later than August 21, 2019. The Clerk of Court is directed to file a copy of this Order on the related criminal docket and to mail a copy of this Order to the pro se Petitioner. In addition, Respondent is directed to email Mr. Stein a copy of this Order at the email address listed on the criminal docket. (Signed by Magistrate Judge Stewart D. Aaron on 7/9/2019) (Docketed in 18cv8425) (ap) (Entered: 07/09/2019)
5/31/2019LETTER from Defendant (16-Cr-317-08) Francisco Reyes, not dated re: I'm writing this in regards to my state time being ran concurrent with my federal sentence. (bw) (Entered: 06/03/2019)
4/16/2019 MOTION for the Appointment of Counsel, pursuant to 18 USC 3006(A). Document filed by Carlos Lopez. (sac) (Entered: 04/19/2019)
4/16/2019MEMORANDUM in Support by Carlos Lopez re 613 MOTION to Vacate under 28 U.S.C. 2255. (sac) (Entered: 04/19/2019)
4/16/2019 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Carlos Lopez. (sac)
Civil case 1:19-cv-03463 opened. (sac). (Entered: 04/18/2019)
3/5/2019LETTER RESPONSE in Opposition by USA as to Jonathan Saez addressed to Magistrate Judge Stewart D. Aaron from Assistant U.S. Attorney Eli J. Mark dated March 5, 2019 re: 598 MOTION to Vacate under 28 U.S.C. 2255. (Mark, Eli) (Entered: 03/05/2019)
3/1/2019MANDATE of USCA (Certified Copy) as to Joseph Smith, Eladio Padilla re: 420 Notice of Appeal, 412 Notice of Appeal. USCA Case Number 17-1577 (L), 17-1639 (Con). The Government moves to dismiss these appeals as barred by the waivers of appellate rights contained in Appellants' plea agreements. Upon due consideration, it is hereby ORDERED that the motion is GRANTED and the appeals are DISMISSED. Appellants conceded their waivers were knowing and voluntary, their arguments do not trigger any exceptions to enforceability of a waiver, and their sentences were reached in a manner anticipated by the plea agreements. See United States v. Riggi, 649 F.3d 143, 148 (2d Cir. 2011); United States v. Gomez-Perez, 215 F.3d 315, 318-19 (2d Cir. 2000).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/02/2018. (nd) (Entered: 03/01/2019)
2/20/2019JUDGMENT IN A CRIMINAL CASE as to Demetrius Flowers (1), Count(s) 1, 2, 3 are dismissed on the motion of the US. Pleaded guilty to Count(s) 1s-2s, Count(s) 3s, Count(s) 4s-5s, Imprisonment for a total term of Forty-Eight (48) months on each count, the terms to run concurrently. Supervised release for a term of Five Years. Five Years on Counts One, Two and Three (3) years on counts four and five, the terms to run concurrently. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant serve the remainder of his sentence in the GEO Facility for his own safety. Special Assessment of $500 which is due immediately. (Signed by Judge Paul A. Engelmayer on 2/20/2019)(jw) (Entered: 02/20/2019)
2/20/2019DISMISSAL OF COUNTS on Government Motion as to Demetrius Flowers (1) Count 1,2,3. (jw) (Entered: 02/20/2019)
2/20/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Sentencing held on 12/20/2018 for Demetrius Flowers (1) Count 1s-2s,3s,4s-5s. (jw) (Entered: 02/20/2019)
1/30/2019ORDER as to Jonathan Saez: It is hereby Ordered that the Government shall file an answer or other pleading no later than February 6, 2019. Failure to do so, or otherwise seek an extension of time from the Court, may result in the imposition of sanctions. It is further Ordered that counsel for the Government file a notice of appearance in the civil action no later than February 6, 2019. The Clerk of Court is directed to file a copy of this Order on the related criminal docket and to mail a copy of this Order to the pro se Petitioner. SO ORDERED. (Responses due by 2/6/2019) (Signed by Magistrate Judge Stewart D. Aaron on (lnl) (Docketed in Civil Case 1:18-cv-08425(PAE(SDA)) (Entered: 01/31/2019)
11/20/2018ORDER granting 604 LETTER MOTION Request for an Extension of Time to File Answer as to Jonathan Saez (6). Application GRANTED nunc pro tunc. The Government shall file its answer no later than January 18, 2019. Counsel is reminded that all future submissions should be filed on the civil docket in addition to the related criminal docket. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/20/2018) (kl) (Entered: 11/20/2018)
11/19/2018 LETTER MOTION addressed to Judge Paul A. Engelmayer from AUSA Eli J. Mark dated November 19, 2018 re: 599 Order to Answer, 28 U.S.C. 2255,,, re: Request for an Extension of Time to File Answer . Document filed by USA as to Jonathan Saez. (Mark, Eli) (Entered: 11/19/2018)
10/30/2018 LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan V. Tipograph dated 10/29/2018 re: adjourn sentencing . Document filed by Demetrius Flowers. (Tipograph, Susan) (Entered: 10/30/2018)
10/29/2018ENDORSED LETTER as to Demetrius Flowers addressed to Judge Paul A. Engelmayer, from Susan V. Tipograph dated 10/29/2018 re: Defense counsel writes to request an adjournment of sentencing. ENDORSEMENT: GRANTED. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. (Sentencing set for 12/4/2018 at 02:30 PM before Judge Paul A. Engelmayer). (Signed by Judge Paul A. Engelmayer on 10/29/2018) (ap) (Entered: 10/29/2018)
9/25/2018ORDER as to Demetrius Flowers. It is hereby ORDERED that sentencing in this matter, previously scheduled for October 17, 2018, by Judge Katherine B. Forrest, is RESCHEDULED to November 7, 2018, at 11:00 a.m., before Judge Paul A. Engelmayer, in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York 10007. The parties should consult the Court's Individual Rules and Practices for Criminal Cases (available at http://nysd.uscourts.gov/judge/Engelmayer) for sentencing-related procedures and practices. Consistent with the Court's Rules, the defendant's sentencing submission shall be served two weeks in advance of the date set for sentencing. The Government's sentencing submission shall be served one week in advance of the date set for sentencing. The parties should provide the Court with one courtesy hard copy of each submission when it is served. If a party does not intend to file a substantive sentencing submission, the party should file a letter to that effect. (Sentencing set for 11/7/2018 at 11:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 9/25/2018) (ap) (Entered: 09/25/2018)
9/19/2018ORDER TO ANSWER, 28 U.S.C. § 2255 as to Jonathan Saez... The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, hereby ORDERS that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. Responses due by 11/19/2018. (Signed by Judge Paul A. Engelmayer on 9/18/2018) (Docketed in 18cv8425) (ap) (Entered: 09/19/2018)
9/14/2018 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Jonathan Saez. (sac)
Civil case 1:18-cv-08425 opened. (sac). (Entered: 09/17/2018)
9/13/2018NOTICE OF CASE REASSIGNMENT as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz, Kashim Wilson, Carlos Lopez, to Judge Paul A. Engelmayer. Judge Katherine B. Forrest no longer assigned to the case. (jw) (Entered: 09/13/2018)
9/7/2018ENDORSED LETTER as to Demetrius Flowers addressed to Judge Katherine B. Forrest from Susan V. Tipograph, dated 9/5/2018, re: Defense counsel writes to request an adjournment of the defendant's sentencing. ENDORSEMENT: Sentencing adjourned to 10/17/18 at 10 am. Ordered. (Sentencing set for 10/17/2018 at 10:00 AM before Judge Katherine B. Forrest) (Signed by Judge Katherine B. Forrest on 9/7/2018) (lnl) (Entered: 09/07/2018)
8/8/2018Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Carlos Lopez re: 596 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 08/08/2018)
8/8/2018Transmission of Notice of Appeal to the District Judge re: 596 Notice of Appeal - Final Judgment. (tp) (Entered: 08/08/2018)
8/3/2018NOTICE OF APPEAL by Carlos Lopez from 578 Judgment. (tp) (Entered: 08/08/2018)
7/23/2018ORDER as to Carlos Lopez (22) on 593 LETTER MOTION for Extension of Time to File Notice of Appeal. Ordered. The Court construes this as a motion to file a late notice of appeal. The Court allows a late notice (without arguing with the facts stated), only until August 14, 2018. Any notice of appeal must be filed by that date. (Signed by Judge Katherine B. Forrest on 7/23/2018) Copies mailed by Chambers. (ap) (Entered: 07/23/2018)
7/13/2018LETTER MOTION for Extension of Time to File Notice of Appeal. Document filed by Carlos Lopez. (tp) (Entered: 07/20/2018)
7/9/2018Set/Reset Hearings as to Demetrius Flowers: Sentencing set for 9/17/2018 at 01:00 PM before Judge Katherine B. Forrest. (ap) (Entered: 07/09/2018)
7/9/2018ORDER as to Demetrius Flowers (1) granting 591 LETTER MOTION addressed to Judge Katherine B. Forrest from Susan V. Tipograph dated July 3, 2018 re: adjourn sentencing. Ordered. Sentencing rescheduled to 9/17/18 at 1 pm. (Signed by Judge Katherine B. Forrest on 7/9/2018) (ap) (Entered: 07/09/2018)
7/5/2018 LETTER MOTION addressed to Judge Katherine B. Forrest from Susan V. Tipograph dated July 3, 2018 re: adjourn sentencing . Document filed by Demetrius Flowers. (Tipograph, Susan) (Entered: 07/05/2018)
2/27/2018 LETTER MOTION addressed to Judge Katherine B. Forrest from Susan V. Tipograph re: Correct Dkt 589 . Document filed by Demetrius Flowers. (Tipograph, Susan) (Entered: 02/27/2018)
2/23/2018ENDORSED LETTER addressed to Judge Katherine B. Forrest from Carlos Lopez dated 2/15/18 re: Letter from Carlos Lopez....ENDORSEMENT: Post to Docket. (Signed by Judge Katherine B. Forrest on 2/23/18)(jw) (Entered: 02/27/2018)
2/21/2018588SEALED DOCUMENT placed in vault. (rz) (Entered: 02/21/2018)
2/21/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carlos Lopez. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/26/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/21/2018)
2/21/2018TRANSCRIPT of Proceedings as to Carlos Lopez re: Sentence held on 1/26/18 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, 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. Redaction Request due 3/14/2018. Redacted Transcript Deadline set for 3/26/2018. Release of Transcript Restriction set for 5/22/2018. (McGuirk, Kelly) (Entered: 02/21/2018)
2/14/2018ENDORSED LETTER as to (16-Cr-317-17) Robert Wilson Sr. addressed to Judge Katherine B. Forrest from Attorney John A. Cirando dated February 7, 2018 re: I have been assigned by the Second Circuit in regard to the defendant's direct appeal. In addition, I am respectfully requesting that the following Docket Items be unsealed for use in the appeal: 144, 145, 146, 147, 152, 176, 330, 331, 348, 364, 397, 400, 423, 457, 473, and 474. A copy of Order of Assignment is enclosed. ENDORSEMENT: Does the Government know of any reason why these materials should not be unsealed ? (Signed by Judge Katherine B. Forrest on 2/13/2018)(bw) (Entered: 02/14/2018)
2/13/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Mestre. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/19/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/13/2018)
2/13/2018TRANSCRIPT of Proceedings as to Michael Mestre re: Sentence held on 1/19/18 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, 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. Redaction Request due 3/6/2018. Redacted Transcript Deadline set for 3/16/2018. Release of Transcript Restriction set for 5/14/2018. (McGuirk, Kelly) (Entered: 02/13/2018)
2/9/2018582SEALED DOCUMENT placed in vault. (rz) (Entered: 02/09/2018)
2/2/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jorge Diaz. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/8/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/02/2018)
2/2/2018TRANSCRIPT of Proceedings as to Jorge Diaz re: Sentence held on 1/8/18 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300, 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. Redaction Request due 2/23/2018. Redacted Transcript Deadline set for 3/5/2018. Release of Transcript Restriction set for 5/3/2018. (McGuirk, Kelly) (Entered: 02/02/2018)
1/31/2018579SEALED DOCUMENT placed in vault. (rz) (Entered: 01/31/2018)
1/30/2018JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 1/26/2018. Defendant Carlos Lopez (22) pleaded guilty to Count(s) 1. IMPRISONMENT: One Hundred and Twenty (120) Months. The court makes the following recommendations to the Bureau of Prisons: It is strongly recommended that the defendant be given priority placement in and RDAP program in a facility as close to New York City, as possible. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 1/30/2018)(bw) (Entered: 01/30/2018)
1/29/2018ENDORSED LETTER as to Carlos Lopez addressed to Judge Katherine B. Forrest from Maybellene Delgado. ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 1/26/2018)(ft) (Entered: 01/29/2018)
1/26/2018Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 1/26/2018 for Carlos Lopez (22) Count 1. (jp) (Entered: 01/29/2018)
1/26/2018ENDORSED LETTER as to Carlos Lopez addressed to Your Honor from Carlos A. Lopez, re: Sentencing. ENDORSEMENT: ORDERED. Post to docket.. (Signed by Judge Katherine B. Forrest on 1/26/2018)(lnl) (Entered: 01/26/2018)
1/26/2018ENDORSED LETTER as to Carlos Lopez addressed to Your Honor from Carlos A. Lopez, re: Defendant writes with reference to early childhood. ENDORSEMENT: ORDERED. Post to docket. (Signed by Judge Katherine B. Forrest on 1/26/2018) (lnl) (Entered: 01/26/2018)
1/22/2018JUDGMENT IN A CRIMINAL CASE as to Michael Mestre (13), Pleaded guilty to Count(s) 1 and Count(s) 2, Imprisonment for a total term of Forty-Six (46) Months on count one (1) to be followed by a mandatory and consecutive Sixty (60) Month term on count two (2), for a total term of imprisonment of One Hundred and Six (106) Months. Supervised release for a term of Three Years. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. It is also recommended that the defendant be made available to participate in any educational programs for which he may qualify. It is also recommended that the defendant be evaluated for placement in an RDAP program. Special Assessment of $200 which is due immediately. (Signed by Judge Katherine B. Forrest on 1/22/18)(jw) (Entered: 01/22/2018)
1/19/2018Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 1/19/2018 for Michael Mestre (13) Count 1,2. (jp) (Entered: 01/22/2018)
1/19/2018SENTENCING SUBMISSION by USA as to Carlos Lopez. (Mark, Eli) (Entered: 01/19/2018)
1/19/2018SENTENCING SUBMISSION by Carlos Lopez as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Rahim Solano, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz, Kashim Wilson, Carlos Lopez. (Maffeo, J) (Entered: 01/19/2018)
1/16/2018Sentencing Letter by Michael Mestre addressed to Judge Katherine B. Forrest from Zachary S. Taylor dated January 16, 2018 re: Additional letters of support on behalf of Michael Mestre. (Taylor, Zachary) (Entered: 01/16/2018)
1/12/2018SENTENCING SUBMISSION by USA as to Michael Mestre. (Laroche, Matthew) (Entered: 01/12/2018)
1/12/2018Sentencing Letter by Carlos Lopez as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Rahim Solano, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz, Kashim Wilson, Carlos Lopez addressed to Hon. Katherine B. Forrest from J. Bruce Maffeo dated January 12, 2018 re: Sentencing Memorandum. (Maffeo, J) (Entered: 01/12/2018)
1/9/2018SENTENCING SUBMISSION by Michael Mestre. (Taylor, Zachary) (Entered: 01/09/2018)
1/9/2018JUDGMENT IN A CRIMINAL CASE as to Jorge Diaz (20), Pleaded guilty to Count(s) 1 & Count(s) 2, Imprisonment for a total term of Six Months on Count One, to be followed consecutively with Eighty Four (84) Months on Count Two, for a total term of imprisonment of Ninety (90) Months. Supervised release for a term of Three Years. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be given priority placement in an RDAP program, in a facility as close to New York City, as possible. The defendant must seek and maintain full-time employment. The defendant shall be supervised by the district of residence. Special Assessment of $200 which is due immediately. (Signed by Judge Katherine B. Forrest on 1/8/18)(jw) (Entered: 01/09/2018)
1/9/2018Attorney update in case as to Esteban Curet. Attorney Jenny Chenying Gu terminated (jw) (Entered: 01/09/2018)
1/9/2018MEMO ENDORSEMENT granting 564 LETTER MOTION To seek to be relieved as to Esteban Curet...ENDORSEMENT...SO ORDERED (Signed by Judge Katherine B. Forrest on 1/8/18) (jw) (Entered: 01/09/2018)
1/8/2018Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 1/8/2018 for Jorge Diaz (20) Count 1,2. (jp) (Entered: 01/08/2018)
1/2/2018 LETTER MOTION addressed to Judge Katherine B. Forrest from Jenny Chenying Gu dated 1/2/2018 re: withdrawing as attorney for Esteban Curet . Document filed by Esteban Curet. (Gu, Jenny) (Entered: 01/02/2018)
1/2/2018NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Esteban Curet: Notice to Attorney Jenny Chenying Gu to RE-FILE Document 563 MOTION for Jenny C. Gu to Withdraw as Attorney for Esteban Curet. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 01/02/2018)
1/2/2018 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Jenny C. Gu to Withdraw as Attorney for Esteban Curet. Document filed by Esteban Curet. (Gu, Jenny) Modified on 1/2/2018 (ka). (Entered: 01/02/2018)
12/29/2017SENTENCING SUBMISSION by USA as to Jorge Diaz. (Mark, Eli) (Entered: 12/29/2017)
12/20/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kashim Wilson. Notice is hereby given that an official transcript of a Sentence proceeding held on 11/27/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/20/2017)
12/20/2017TRANSCRIPT of Proceedings as to Kashim Wilson re: Sentence held on 11/27/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, 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. Redaction Request due 1/10/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/20/2018. (McGuirk, Kelly) (Entered: 12/20/2017)
12/20/2017SENTENCING SUBMISSION by Jorge Diaz. (Travieso, Andre) (Entered: 12/20/2017)
12/19/2017557SEALED DOCUMENT placed in vault. (rz) (Entered: 12/19/2017)
11/28/2017JUDGMENT In A Criminal Case (S8-16-Cr-317-21). Date of Imposition of Judgment: 11/27/2017. Defendant Kashim Wilson (21) pleaded guilty to Count(s) 3. Count(s) Open and Underlying are dismissed on the motion of the United States. IMPRISONMENT: Eighty Four (84) Months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be evaluated for priority placement in an RDAP program, in a facility as close to New York City, as possible. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 11/27/2017)(bw) (Entered: 11/28/2017)
11/27/2017DISMISSAL OF COUNTS on Government Motion as to Kashim Wilson (21) Count 1,2. (bw) (Entered: 11/28/2017)
11/27/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 11/27/2017 for Kashim Wilson (21) Count 3. (jp) (Entered: 11/27/2017)
11/10/2017SENTENCING SUBMISSION by USA as to Kashim Wilson. (Attachments: # 1 Exhibit A)(Mark, Eli) (Entered: 11/10/2017)
11/8/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carlos Lopez. Notice is hereby given that an official transcript of a Plea proceeding held on 10/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/08/2017)
11/8/2017TRANSCRIPT of Proceedings as to Carlos Lopez re: Plea held on 10/13/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, 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. Redaction Request due 11/29/2017. Redacted Transcript Deadline set for 12/11/2017. Release of Transcript Restriction set for 2/6/2018. (McGuirk, Kelly) (Entered: 11/08/2017)
11/6/2017SENTENCING SUBMISSION by Kashim Wilson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Di Chiara, Gerald) (Entered: 11/06/2017)
11/2/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Mestre. Notice is hereby given that an official transcript of a Plea proceeding held on 9/29/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/02/2017)
11/2/2017TRANSCRIPT of Proceedings as to Michael Mestre re: Plea held on 9/29/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, 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. Redaction Request due 11/24/2017. Redacted Transcript Deadline set for 12/4/2017. Release of Transcript Restriction set for 1/31/2018. (McGuirk, Kelly) (Entered: 11/02/2017)
11/1/2017TRANSCRIPT of Proceedings as to Michael Mestre re: Plea held on 9/29/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, 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. Redaction Request due 11/22/2017. Redacted Transcript Deadline set for 12/4/2017. Release of Transcript Restriction set for 1/30/2018. (McGuirk, Kelly) (Entered: 11/01/2017)
10/31/2017MEMO ENDORSEMENT as to Kashim Wilson (21) denying 545 LETTER MOTION addressed to Judge Katherine B. Forrest from Gerald J. Di Chiara dated 10-30-17 re: Adjourn sentence. ENDORSEMENT: ORDERED: Denied. There is still 2 weeks. Let's keep the date - he can submit a letter even the day of the sentencing. (Signed by Judge Katherine B. Forrest on 10/31/2017) (lnl) (Entered: 10/31/2017)
10/30/2017 LETTER MOTION addressed to Judge Katherine B. Forrest from Gerald J. Di Chiara dated 10-30-17 re: Adjourn sentence . Document filed by Kashim Wilson. (Di Chiara, Gerald) (Entered: 10/30/2017)
10/13/2017Order of Referral to Probation for Presentence Investigation and Report as to Carlos Lopez. (jp) (Entered: 10/13/2017)
10/13/2017Set/Reset Hearings as to Carlos Lopez: Sentencing set for 1/26/2018 at 01:00 PM before Judge Katherine B. Forrest. (jp) (Entered: 10/13/2017)
10/13/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Carlos Lopez held on 10/13/2017., Plea entered by Carlos Lopez (22) Guilty of Lesser Offense as to Count 1. Defendant present with attorneys Bruce Maffeo and Mira ROse Serrill-Robins. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offense contained in Count 1. Court accepts plea. Sentencing set for 1/26/2018, at 1:00 p.m. Sentencing submissions from the defendant are due not later than 1/12/2018. Government submissions due 1/19/2018. Detention continued. PSR Ordered. (jp) (Entered: 10/13/2017)
10/11/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Saez. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/8/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/11/2017)
10/11/2017TRANSCRIPT of Proceedings as to Jonathan Saez re: Sentence held on 9/8/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, 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. Redaction Request due 11/1/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/9/2018. (McGuirk, Kelly) (Entered: 10/11/2017)
10/11/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Esteban Curet. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/8/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/11/2017)
10/11/2017TRANSCRIPT of Proceedings as to Esteban Curet re: Sentence held on 9/8/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, 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. Redaction Request due 11/1/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/9/2018. (McGuirk, Kelly) (Entered: 10/11/2017)
10/11/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carlos Lopez. Notice is hereby given that an official transcript of a Conference proceeding held on 9/8/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/11/2017)
10/11/2017TRANSCRIPT of Proceedings as to Carlos Lopez re: Conference held on 9/8/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, 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. Redaction Request due 11/1/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/9/2018. (McGuirk, Kelly) (Entered: 10/11/2017)
10/10/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Mestre. Notice is hereby given that an official transcript of a Conference proceeding held on 9/15/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/10/2017)
10/10/2017TRANSCRIPT of Proceedings as to Michael Mestre re: Conference held on 9/15/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, 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. Redaction Request due 10/31/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/8/2018. (McGuirk, Kelly) (Entered: 10/10/2017)
10/3/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Robert Wilson Sr.. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/7/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/03/2017)
10/3/2017TRANSCRIPT of Proceedings as to Robert Wilson Sr. re: Sentence held on 9/7/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300, 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. Redaction Request due 10/24/2017. Redacted Transcript Deadline set for 11/3/2017. Release of Transcript Restriction set for 1/1/2018. (McGuirk, Kelly) (Entered: 10/03/2017)
9/29/2017Order of Referral to Probation for Presentence Investigation and Report as to Michael Mestre. (jp) (Entered: 09/29/2017)
9/29/2017Set/Reset Hearings as to Michael Mestre: Sentencing set for 1/19/2018 at 03:00 PM before Judge Katherine B. Forrest. (jp) (Entered: 09/29/2017)
9/29/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Michael Mestre held on 9/29/2017., Plea entered by Michael Mestre (13) Guilty of Lesser Offense as to Count 1,2. Defendant present with attorney Zachary Taylor. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offenses contained in Counts One (1) and Two (2). Court accepts plea. Sentencing set for 1/19/2018, at 3:00 p.m. Sentencing submissions from the defendant are due not later than 1/5/2018, Government submissions due not later than 1/12/2018. PSR Ordered. Remand continued. (jp) (Entered: 09/29/2017)
9/26/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jorge Diaz. Notice is hereby given that an official transcript of a Plea proceeding held on 8/31/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 09/26/2017)
9/26/2017TRANSCRIPT of Proceedings as to Jorge Diaz re: Plea held on 8/31/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, 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. Redaction Request due 10/17/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/26/2017. (McGuirk, Kelly) (Entered: 09/26/2017)
9/22/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Saez. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/8/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 09/22/2017)
9/22/2017TRANSCRIPT of Proceedings as to Jonathan Saez re: Sentence held on 9/8/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, 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. Redaction Request due 10/13/2017. Redacted Transcript Deadline set for 10/23/2017. Release of Transcript Restriction set for 12/21/2017. (McGuirk, Kelly) (Entered: 09/22/2017)
9/21/2017Payment of Special Assessment from Eladio Padilla in the amount of $200.00. Date Received: 9/21/2017. (aa) (Entered: 09/21/2017)
9/20/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carlos Lopez. Notice is hereby given that an official transcript of a Conference proceeding held on 8/23/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 09/20/2017)
9/20/2017TRANSCRIPT of Proceedings as to Carlos Lopez re: Conference held on 8/23/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, 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. Redaction Request due 10/11/2017. Redacted Transcript Deadline set for 10/23/2017. Release of Transcript Restriction set for 12/19/2017. (McGuirk, Kelly) (Entered: 09/20/2017)
9/19/2017ORDER as to (16-Cr-317-17) Robert Wilson Sr. The Court has received the attached letter from defendant Robert Wilson, Sr. The Court will not revisit its sentencing determination. However, the Court directs counsel for Mr. Wilson to file a Notice of Appeal on his behalf as he seeks the same in the last sentence of his letter. SO ORDERED: (Signed by Judge Katherine B. Forrest on 9/19/2017)(bw) (Entered: 09/19/2017)
9/19/2017ORDER as to (16-Cr-317-13) Michael Mestre. Pursuant to a proceeding with the Court on 9/15/2017, it is hereby ORDERED as follows: -Trial shall commence on 11/6/2017, at 9:00 a.m. -The final pretrial conference is scheduled for 11/1/2017, at 1:00 p.m. -Any Rule 404(b) Notice shall be provided to defendant not later than 10/6/2017. -Pretrial materials, including proposed voir dire, proposed jury instructions, proposed stipulations, as well as witness and exhibit lists shall be filed not later than 10/23/2017. -Motions in limine shall be filed not later than 10/16/2017. Responses shall be due not later than 10/23/2017 (no replies). -3500 material shall be turned over to the defendant not later than 11/1/2017. SO ORDERED: (Signed by Judge Katherine B. Forrest on 9/19/2017)(bw) (Entered: 09/19/2017)
9/15/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Status Conference as to Michael Mestre held on 9/15/2017. Defendant present with attorney Zachary Taylor. AUSA Eli Mark present. Court Reporter present. Conferenc held. Order to follow. Remand continued. (jp) (Entered: 09/18/2017)
9/12/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Luis Cruz. Notice is hereby given that an official transcript of a Sentence proceeding held on 8/17/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 09/12/2017)
9/12/2017TRANSCRIPT of Proceedings as to Luis Cruz re: Sentence held on 8/17/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, 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. Redaction Request due 10/3/2017. Redacted Transcript Deadline set for 10/13/2017. Release of Transcript Restriction set for 12/11/2017. (McGuirk, Kelly) (Entered: 09/12/2017)
9/12/2017Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Robert Wilson Sr. re: 524 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 09/12/2017)
9/12/2017Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Robert Wilson Sr. to US Court of Appeals re: 524 Notice of Appeal - Final Judgment. (tp) (Entered: 09/12/2017)
9/12/2017Appeal Remark as to Robert Wilson Sr. re: 524 Notice of Appeal - Final Judgment. APPEAL FEE WAIVED. ATTORNEY CJA. (tp) (Entered: 09/12/2017)
9/12/2017NOTICE OF APPEAL by Robert Wilson Sr. from 521 Judgment. (tp) (Entered: 09/12/2017)
9/12/2017JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 9/8/2017. Defendant Jonathan Saez (6) pleaded guilty to Count(s) 1, 2. IMPRISONMENT: Eighty-Three (83) months on count 1 to run consecutive to Eighty-Eight (88) months on count 2, for a total term of imprisonment of One Hundred and Seventy One (171) months. SUPERVISED RELEASE: Three (3) years on each count to run concurrently. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $200.00, due immediately. (Signed by Judge Katherine B. Forrest on 9/12/2017)(bw) (Entered: 09/12/2017)
9/12/2017JUDGMENT In A Criminal Case (S3-16-Cr-317-18). Date of Imposition of Judgment: 9/8/2017. Defendant Esteban Curet (18) pleaded guilty to Count(s) 1. IMPRISONMENT: Sixteen (16) Months. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 9/12/2017)(bw) (Entered: 09/12/2017)
9/12/2017JUDGMENT In A Criminal Case (S1-16-Cr-317-17). Date of Imposition of Judgment: 9/7/2017. Defendant Robert Wilson Sr. (17) pleaded guilty to Count(s) 1. Count(s) Underlying is dismissed on the motion of the United States. IMPRISONMENT: Eighty-Four (84) Months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be given priority placement in an RDAP program in a facility as close to New York City, as possible. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 9/12/2017)(bw) (Entered: 09/12/2017)
9/11/2017ORDER as to (16-Cr-317-22) Carlos Lopez. Pursuant to a proceeding with the Court on 9/8/2017, it is hereby ORDERED as follows: -The next status conference is scheduled for 10/13/2017, at 11:00 a.m. If a disposition has not been reached by/on that date, the Court intends to set a schedule for going forward, including trial. -Upon application of the Government and consented to by defendant, and as set forth on the record, time pursuant to 18 U.S.C. 3161 (h)(7)(A) of the Speedy Trial Act, is hereby excluded from 9/8/2017 to 10/13/2017. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendant in a speedy trial. SO ORDERED: (Signed by Judge Katherine B. Forrest on 9/11/2017)(bw) (Entered: 09/12/2017)
9/8/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 9/8/2017 for Jonathan Saez (6) Count 1,2. (jp) (Entered: 09/11/2017)
9/8/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 9/8/2017 for Esteban Curet (18) Count 1. (jp) (Entered: 09/11/2017)
9/8/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Status Conference as to Carlos Lopez held on 9/8/2017. Defendant present with attorneys Bruce Maffeo and Mira Rose Serrill-Robins. AUSAs Matthew Laroche and Eli Mark present. Court Reporter present. Conference held. Order to follow. Remand continued. (jp) (Entered: 09/11/2017)
9/7/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 9/7/2017 for Robert Wilson Sr. (17) Count 1. (jp) (Entered: 09/11/2017)
9/7/2017MEMORANDUM DECISION & ORDER as to Jonathan Saez. On January 17, 2017, Jonathan Saez (defendant) pled guilty to havingcommitted two crimes: participating in a conspiracy to distribute crack andbrandishing a firearm in connection therewith. (ECF No. 290.) On May 5, 2017,the Court commenced a sentencing proceeding. (ECF No. 436.) During that proceeding, defendant raised a number of disputes regarding factual statements in the Presentence Investigation Report (PSR). (ECF No. 390.) All of those disputes were addressed and resolved save one series: each of paragraphs 30, 31 and 32contain references and a description of defendants involvement in a gang- related shooting on May 20, 2013. Issues the parties have raised regarding acceptance of responsibility credit shall be addressed at the continued sentencing proceedings. SO ORDERED (Signed by Judge Katherine B. Forrest on 9/7/17)(jw) (Entered: 09/07/2017)
9/6/2017ENDORSED LETTER as to (16-Cr-317-07) Brian McBeth addressed to Judge Katherine B. Forrest from Defendant Brian McBeth dated August 10, 2017 re: I am writing to you regarding a request for Nunc Pro Tunc status that I have made to the Federal Bureau of Prisons, (enclosed is a copy). As part of that request the F.B.O.P. is to seek the sentencing judges recommendation. I am both hopeful, and requesting a favorable recommendation from your honor for that status. ENDORSEMENT: Order: The Court did not provide for the sentence (federal) to run concurrent to the state. It stated on the record that the federal time should run, and the state time would run. The Court therefore declines defendant's request. (Signed by Judge Katherine B. Forrest on 8/23/2017)(bw) (Entered: 09/06/2017)
9/1/2017SENTENCING SUBMISSION by USA as to Esteban Curet. (Mark, Eli) (Entered: 09/01/2017)
9/1/2017 LETTER by USA as to Jonathan Saez addressed to Judge Katherine B. Forrest from Eli J. Mark dated September 1, 2017 re: Response to Saez Letter dated August 28, 2017 (Dkt 509) regarding Post-Fatico Hearing Briefing Document filed by USA. (Mark, Eli) (Entered: 09/01/2017)
8/31/2017Order of Referral to Probation for Presentence Investigation and Report as to Jorge Diaz. (jp) (Entered: 09/06/2017)
8/31/2017Set/Reset Hearings as to Jorge Diaz: Sentencing set for 1/8/2018 at 11:00 AM before Judge Katherine B. Forrest. (jp) (Entered: 09/06/2017)
8/31/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Jorge Diaz held on 8/31/2017., Plea entered by Jorge Diaz (20) Guilty as to Count 1,2. Defendant present with attorney Andrew Travieso. AUSA Matthew Laroche present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of Guilty to the lesser included offenses contained in Counts One (1) and (2). Court accepts plea. Sentencing set for 1/8/2018, at 11:00 a.m. Sentencing submissions from the defendant are due not later than 12/23/2017. Government submissions are due not later than 12/30/2017. Remand continued. (jp) (Entered: 09/06/2017)
8/31/2017SENTENCING SUBMISSION by USA as to Robert Wilson Sr.. (Mark, Eli) (Entered: 08/31/2017)
8/29/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kashim Wilson. Notice is hereby given that an official transcript of a Plea proceeding held on 8/18/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/29/2017)
8/29/2017TRANSCRIPT of Proceedings as to Kashim Wilson re: Plea held on 8/18/17 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300, 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. Redaction Request due 9/19/2017. Redacted Transcript Deadline set for 9/29/2017. Release of Transcript Restriction set for 11/27/2017. (McGuirk, Kelly) (Entered: 08/29/2017)
8/28/2017ORDER as to (16-Cr-317-17) Robert Wilson Sr. Subsequent to his written request for a 30-day adjournment of sentencing (ECF No. 506), which was granted at ECF No. 510, defendant requested through counsel that the Court proceed with sentencing on the originally scheduled date. Accordingly, sentencing in this matter will proceed on September 7, 2017, but at the new time of 3:00 p.m. SO ORDERED: (Signed by Judge Katherine B. Forrest on 8/28/2017)(bw) (Entered: 08/28/2017)
8/28/2017SENTENCING SUBMISSION by Robert Wilson Sr.. (Dubin, Lawrence) (Entered: 08/28/2017)
8/28/2017Set/Reset Deadlines/Hearings as to Robert Wilson Sr.; Sentencing set for 10/16/2017 at 01:00 PM before Judge Katherine B. Forrest (jw) (Entered: 08/28/2017)
8/28/2017MEMO ENDORSEMENT granting 506 LETTER MOTION Reschedule Sentencing as to Robert Wilson Sr...ENDORSEMENT...Sentencing rescheduled for good cause shown to 10/16/17 at 1pm. (Signed by Judge Katherine B. Forrest on 8/28/17) (jw) (Entered: 08/28/2017)
8/28/2017 LETTER by Jonathan Saez addressed to Judge Katherine B. Forrest from Mark J. Stein dated August 28, 2017 re: Response to Letter dated August 10, 2017 (ECF No. 494) (Stein, Mark) (Entered: 08/28/2017)
8/28/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Jonathan Saez: Notice to Attorney Mark J. Stein to RE-FILE Document 508 Response. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 08/28/2017)
8/28/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE by Jonathan Saez re: 494 Letter filed by USA . (Stein, Mark) Modified on 8/28/2017 (ka). (Entered: 08/28/2017)
8/25/2017SENTENCING SUBMISSION by Esteban Curet. (Attachments: # 1 Exhibit Letters from family members and other supporting material)(Gu, Jenny) (Entered: 08/25/2017)
8/23/2017 LETTER MOTION addressed to Judge Katherine B. Forrest from Lawrence A. Dubin, Esq. dated August 23, 2017 re: sentencing adjournment . Document filed by Robert Wilson Sr.. (Dubin, Lawrence) (Entered: 08/23/2017)
8/23/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Bond Hearing as to Carlos Lopez held on 8/23/2017. Defendant present with attorneys Bruce Maffeo and Mira Serrill-Robins. AUSA Matthew Laroche present. Court reporter present. Bail Application hearing held. As set forth on the record (see transcript) the defendant's application for bail is denied. Detention continued. (jp) (Entered: 08/23/2017)
8/22/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carlos Collins. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/28/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/22/2017)
8/22/2017TRANSCRIPT of Proceedings as to Carlos Collins re: Sentence held on 7/28/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, 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. Redaction Request due 9/12/2017. Redacted Transcript Deadline set for 9/22/2017. Release of Transcript Restriction set for 11/20/2017. (McGuirk, Kelly) (Entered: 08/22/2017)
8/22/2017ORDER 500 LETTER MOTION It is hereby ORDERED that the defendant's guilty plea is accepted as to Kashim Wilson. SO ORDERED (Signed by Judge Katherine B. Forrest on 8/21/17) (jw) (Entered: 08/22/2017)
8/21/2017Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Luis Cruz re: 502 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 08/21/2017)
8/21/2017Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Luis Cruz to US Court of Appeals re: 502 Notice of Appeal - Final Judgment. (tp) (Entered: 08/21/2017)
8/21/2017 LETTER MOTION addressed to Judge Katherine B. Forrest from Matthew Laroche dated August 21, 2017 re: Accept Guilty Plea . Document filed by USA as to Kashim Wilson. (Attachments: # 1 Exhibit A - Plea Agreement, # 2 Exhibit B - Plea Transcript, # 3 Exhibit C - Proposed Order)(Laroche, Matthew) (Entered: 08/21/2017)
8/18/2017Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Plea entered by Kashim Wilson (21) Guilty as to Count 3. (jw) (Entered: 08/21/2017)
8/18/2017Change of Not Guilty Plea to Guilty Plea as to Kashim Wilson (21) Count 3. (jw) (Entered: 08/21/2017)
8/18/2017Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses:Change of Plea Hearing as to Kashim Wilson held on 8/18/2017. AUSA Matthew Laroche present. Deft Kashim Wilson present with atty Gerald Chiara. Consent to proceed before Magistrate filed. Deft plead guilty to count 3. Deft continued detained. Sentence ctr date 11/16/17. (jw) (Entered: 08/21/2017)
8/18/2017JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 8/17/2017. Defendant Luis Cruz (9) pleaded guilty to Count(s) 1. Count(s) 2 is dismissed on the motion of the United States. IMPRISONMENT: Ninety-Six (96) Month. The court makes the following recommendations to the Bureau of Prisons: 1. The Court recommends that the defendant not be housed with any co-defendants. 2. To the extent possible, in conjunction with the above recommendation, in order to facilitate family visits, it is recommended that the defendant be housed as close to New York City, as possible. [Recommendation #1 should be considered first. The NYC recommendation follows that, and only if #1 has first been accomplished.] SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 8/18/2017)(bw) (Entered: 08/18/2017)
8/18/2017CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by (S8-16-Cr-317-21) Kashim Wilson. (Accepted by Magistrate Judge Barbara C. Moses on 8/18/2017) (bw) (Entered: 08/18/2017)
8/17/2017Appeal Remark as to Luis Cruz re: 502 Notice of Appeal - Final Judgment. APPEAL FEE WAIVED. ATTORNEY CJA. (tp) (Entered: 08/21/2017)
8/17/2017NOTICE OF APPEAL by Luis Cruz from 499 Judgment. (tp) (Entered: 08/21/2017)
8/17/2017TRANSCRIPT REQUEST by Luis Cruz for a Sentence proceeding held on 8/17/2017 before Judge Katherine B. Forrest. Transcript due by 8/28/2017. (tp) (Entered: 08/21/2017)
8/17/2017DISMISSAL OF COUNTS on Court or Defendant Motion as to Luis Cruz (9) Count 2. (bw) (Entered: 08/18/2017)
8/17/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 8/17/2017 for Luis Cruz (9) Count 1. (jp) (Entered: 08/17/2017)
8/17/2017SENTENCING SUBMISSION by Luis Cruz as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Rahim Solano, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz, Kashim Wilson, Carlos Lopez. (Commissiong, Karloff) (Entered: 08/17/2017)
8/16/2017 LETTER by USA as to Carlos Lopez addressed to Judge Katherine B. Forrest from Matthew Laroche dated August 16, 2017 re: Defendant's Bail Request Document filed by USA. (Laroche, Matthew) (Entered: 08/16/2017)
8/10/2017 LETTER by Jonathan Saez addressed to Judge Katherine B. Forrest from Mark J. Stein dated August 10, 2017 (Stein, Mark) (Entered: 08/10/2017)
8/10/2017 LETTER by USA as to Jonathan Saez addressed to Judge Katherine B. Forrest from Matthew Laroche dated August 10, 2017 re: Fatico Hearing Document filed by USA. (Laroche, Matthew) (Entered: 08/10/2017)
8/10/2017SENTENCING SUBMISSION by USA as to Luis Cruz. (Mark, Eli) (Entered: 08/10/2017)
8/9/2017NOTICE OF ATTORNEY APPEARANCE: Mira Rose Serrill-Robins appearing for Carlos Lopez. Appearance Type: CJA Appointment. (Serrill-Robins, Mira) (Entered: 08/09/2017)
8/8/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Saez. Notice is hereby given that an official transcript of a Hearing proceeding held on 8/1/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/08/2017)
8/8/2017TRANSCRIPT of Proceedings as to Jonathan Saez re: Hearing held on 8/1/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, 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. Redaction Request due 8/29/2017. Redacted Transcript Deadline set for 9/8/2017. Release of Transcript Restriction set for 11/6/2017. (McGuirk, Kelly) (Entered: 08/08/2017)
8/8/2017MEMO ENDORSEMENT as to (16-Cr-317-13) Michael Mestre on "NOTICE OF MOTION" filed by Michael Mestre dated July 24, 2017 re: for an order pursuant to the Fourth, Fifth and Sixth Amendments to the United States Constitution suppressing evidence relating to post-arrest statements Mr. Mestre allegedly made to law enforcement officers on April 17, 2017 or, in the alternative, an evidentiary hearing to resolve the issues raised therein and for such other and further relief as this Court may deem just and proper. ENDORSEMENT: Based on the Government's position as set forth on P.6 of ECF No. 487, This motion is DENIED as moot. The Clerk of Court is directed to terminate the motion at ECF No. 466. (Signed by Judge Katherine B. Forrest on 8/8/2017)(bw) (Entered: 08/08/2017)
8/8/2017ORDER as to (16-Cr-317-22) Carlos Lopez. Pursuant to a proceeding with the Court on 8/4/2017, it is hereby ORDERED as follows: -The next status conference is scheduled for 9/8/2017, at 3:00 p.m. At that conference the parties shall be prepared to discuss any potential motions which may be brought as well as a schedule for going forward, including trial. -Upon application of the Government and consented to by defendant, and as set forth on the record, time pursuant to 18 U.S.C. 3161(h)(7)(A) of the Speedy Trial Act, is hereby excluded from 8/4/2017 to 9/8/2017. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendant in a speedy trial. SO ORDERED: (Signed by Judge Katherine B. Forrest on 8/8/2017)(bw) (Entered: 08/08/2017)
8/7/2017MEMORANDUM in Opposition by USA as to Michael Mestre, Kashim Wilson re 466 FIRST MOTION to Suppress evidence concerning Mr. Mestre's alleged post-arrest statements., 462 MOTION to Suppress .. (Laroche, Matthew) (Entered: 08/07/2017)
8/7/2017Transmission to Sealed Records Clerk: as to Luis Cruz (9). Transmitted re: 486 Memo Endorsement, to the Sealed Records Clerk for the sealing of document. (bw) (Entered: 08/07/2017)
8/7/2017MEMO ENDORSEMENT as to (16-Cr-317-09) Luis Cruz on re: 483 FIRST LETTER MOTION filed by Luis Cruz, addressed to Judge Katherine B. Forrest from Attorney Karloff C. Commissiong dated August 3, 2017 re: Request to file sentencing memorandum under seal. I write to request that my sentencing letter on behalf of Mr. Cruz, be filed under seal. ENDORSEMENT: So Ordered. (Signed by Judge Katherine B. Forrest on 8/7/2017)(bw) (Entered: 08/07/2017)
8/7/2017NOTICE OF ATTORNEY APPEARANCE: J Bruce Maffeo appearing for Carlos Lopez. Appearance Type: CJA Appointment. (Maffeo, J) (Entered: 08/07/2017)
8/4/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to Carlos Lopez (22) Count 1Carlos Lopez (22) Count 1 held on 8/4/2017., Plea entered by Carlos Lopez (22) Count 1Carlos Lopez (22) Count 1 Not Guilty. Defendant present with attorney Bruce Maffeo. AUSA Matthew Laroche present. Court Reporter present. Defendant arraigned on the indictment and enters a plea of not guilty. Order to follow. Detention continued. (jp) (Entered: 08/04/2017)
8/3/2017FIRST LETTER MOTION addressed to Judge Katherine B. Forrest from Karloff C. Commissiong dated August 3, 2017 re: Request to file sentencing memorandum under seal . Document filed by Luis Cruz as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz, Kashim Wilson, Carlos Lopez. (Commissiong, Karloff) (Entered: 08/03/2017)
8/1/2017 STIPULATION (Unsigned) as to Jonathan Saez. (ft) (Entered: 08/01/2017)
8/1/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Fatico Hearing as to Jonathan Saez held on 8/1/2017. Defendant present with attorneys Mark Stein, Kristina Green, and Zander Li. AUSAs Matthew Laroche and Eli Mark present. Court Reporter present. Hearing held. The Court gave the parties additional time to put in submissions relating to the Fatico Hearing. Sentencing set for 9/8/2017, at 1:00 p.m. Detention continued. (jp) (Entered: 08/01/2017)
7/31/2017481MEDICAL ATTENTION FORM: as to (S7-16-Cr-317-22) Carlos Lopez. To the Wardens of the Metropolitan Correctional Center, the Metropolitan Detention Center, or any other detention facility: The above-named defendant has been remanded in lieu of bail at the time of his/her presentment before this Court. At that time, the following information requiring medical attention for the defendant was disclosed: (See this document for complete details). (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/2017) (bw) (Entered: 08/01/2017)
7/31/2017ORAL ORDER as to (S7-16-Cr-317-22) Carlos Lopez. Time excluded from 7/31/2017 until 8/4/2017. (By Magistrate Judge Gabriel W. Gorenstein on 7/31/2017) (bw) (Entered: 08/01/2017)
7/31/2017Minute Entry on "Disposition Sheet" for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Initial Appearance as to (S7-16-Cr-317-22) Carlos Lopez held on 7/31/2017. AUSA Eli Mark. Defense Counsel Bruce Maffeo by Michael Bachrach (CJA). Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Conference before District Judge on 8/4/2017. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 8/4/2017. (bw) (Entered: 08/01/2017)
7/31/2017Attorney update in case as to (S7-16-Cr-317-22) Carlos Lopez. Attorney Michael Keith Bachrach for Carlos Lopez added. (bw) (Entered: 08/01/2017)
7/31/2017479CJA 23 Financial Affidavit by (S7-16-Cr-317-22) Carlos Lopez. APPROVED: (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/2017); Attorney Michael K. Bachrach (for today only). (bw) (Entered: 08/01/2017)
7/31/2017S(7) INDICTMENT FILED as to Carlos Lopez (22) count(s) 1. (jm)(Filed under seal on 3/21/17) (Entered: 08/01/2017)
7/31/2017ORDER as to Carlos Lopez unsealing the S(7) superseding indictment. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/17)(jm) (Entered: 08/01/2017)
7/31/2017JUDGMENT In A Criminal Case (S6-16-Cr-317-19). Date of Imposition of Judgment: 7/28/2017. Defendant Carlos Collins (19) pleaded guilty to Count(s) 1s. Count(s) Underlying is dismissed on the motion of the United States. IMPRISONMENT: Time Served. SUPERVISED REELASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms: -The defendant shall refrain from unlawful use of a controlled substance; the probation office may test the defendant randomly or on a scheduled basis to ensure compliance with this term. -The defendant must comply with all directives of the probation office regarding any drug testing by the probation office or any associated programs. -The defendant shall submit to one drug test within 15 days of commencement of probation or supervised release and at least two drug tests thereafter for use of a controlled substance. -The defendant must participate in a program approved by the probation department for mental health. The defendant shall not be required to contribute to the costs of any program. -The defendant shall submit his person, residence, place of business, vehicle, or any other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of the release may be found. This search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be grounds for revocation. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. -The defendant is to provide the Probation Department access to any and all requested financial information. -The defendant shall be supervised by the district of residence. ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 7/31/2017)(bw) (Entered: 07/31/2017)
7/31/2017474SEALED DOCUMENT placed in vault. (rz) (Entered: 07/31/2017)
7/31/2017473SEALED DOCUMENT placed in vault. (rz) (Entered: 07/31/2017)
7/28/2017DISMISSAL OF COUNTS on Government Motion as to Carlos Collins (19) Count 1. (bw) (Entered: 07/31/2017)
7/28/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 7/28/2017 for Carlos Collins (19) Count 1s. (jp) (Entered: 07/31/2017)
7/28/2017ORDER as to Carlos Collins. On July 28, 2017, the defendant in this action was sentenced to a period of time served. Subject to any detainers from other federal or state agencies, the defendant should be released from the custody of the United States Marshal. SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/28/2017)(ft) (Entered: 07/28/2017)
7/25/2017ORDER as to (16-Cr-317-06) Jonathan Saez. Upon the application of the United States of America, Joon H. Kim, Acting United States Attorney for the Southern District of New York, by and through Assistant United States Attorneys Matthew Laroche and Eli Mark, of counsel, for an order precluding the dissemination of material produced pursuant to 18 u.s.c. § 3500 relating to cooperating witnesses (the "3500 material"), for the reasons stated in the Government's letter dated July 18, 2017, it is hereby ORDERED that (1) the defense shall return or destroy all 3500 material (including all copies thereof), at the conclusion of the case or when any appeal has become final; (2) the defense is precluded from disseminating any 3500 material (and any copies) to anyone beyond the defendant, defense counsel, and any paralegal or staff employed by the defense; and (3) the defendant is precluded from taking any 3500 material (and any copies) into any jail facility or possessing any 3500 material, either before, during, or after the case; except that the defendant may review 3500 material in the possession of defense counsel and/or any paralegal or staff employed by the defense when in the presence of defense counsel and/or any paralegal or staff employed by the defense. (Signed by Judge Katherine B. Forrest on 7/25/2017)(bw) (Entered: 07/25/2017)
7/25/2017NOTICE OF ATTORNEY APPEARANCE: Robert Samuel Cohen appearing for Michael Mestre. Appearance Type: CJA Appointment. (Cohen, Robert) (Entered: 07/25/2017)
7/24/2017DECLARATION of Zachary S. Taylor in Support as to Michael Mestre re: 466 FIRST MOTION to Suppress evidence concerning Mr. Mestre's alleged post-arrest statements.. (Attachments: # 1 Exhibit Medical records from NYP/Columbia Medical Center, # 2 Exhibit Redacted arrest report, # 3 Exhibit White paper concerning side effects of pain medications)(Taylor, Zachary) (Entered: 07/24/2017)
7/24/2017MEMORANDUM in Support by Michael Mestre re 466 FIRST MOTION to Suppress evidence concerning Mr. Mestre's alleged post-arrest statements.. (Taylor, Zachary) (Entered: 07/24/2017)
7/24/2017FIRST MOTION to Suppress evidence concerning Mr. Mestre's alleged post-arrest statements. Document filed by Michael Mestre. (Taylor, Zachary) (Entered: 07/24/2017)
7/24/2017MEMORANDUM in Support by Kashim Wilson re 462 MOTION to Suppress .. (Di Chiara, Gerald) (Entered: 07/24/2017)
7/24/2017AFFIDAVIT of Kashim Wilson in Support as to Kashim Wilson re 462 MOTION to Suppress .. (Di Chiara, Gerald) (Entered: 07/24/2017)
7/24/2017AFFIRMATION of Gerald J. Di Chiara in Support as to Kashim Wilson re 462 MOTION to Suppress .. (Attachments: # 1 Exhibit A)(Di Chiara, Gerald) (Entered: 07/24/2017)
7/24/2017 MOTION to Suppress . Document filed by Kashim Wilson. (Di Chiara, Gerald) (Entered: 07/24/2017)
7/21/2017 LETTER MOTION addressed to Judge Katherine B. Forrest from Matthew Laroche dated July 21, 2017 re: Protective Order . Document filed by USA as to Jonathan Saez. (Attachments: # 1 Exhibit Proposed Protective Order)(Laroche, Matthew) (Entered: 07/21/2017)
7/19/2017Set/Reset Deadlines/Hearings as to Robert Wilson Sr. : Sentencing set for 9/7/2017 at 01:00 PM before Judge Katherine B. Forrest. (ft) (Entered: 07/19/2017)
7/19/2017MEMO ENDORSEMENT Granting 459 LETTER MOTION as to Robert Wilson Sr. (17). ENDORSEMENT: Application granted. Sentencing adjourned to 9/7/2017,at 1:00 p.m. SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/19/2017) (ft) (Entered: 07/19/2017)
7/18/2017 LETTER MOTION addressed to Judge Katherine B. Forrest from Lawrence A. Dubin, Esq. dated July 18, 2017 re: sentencing submission . Document filed by Robert Wilson Sr.. (Dubin, Lawrence) (Entered: 07/18/2017)
7/13/2017NOTICE OF ATTORNEY APPEARANCE: Jenny Chenying Gu appearing for Esteban Curet. Appearance Type: CJA Appointment. (Gu, Jenny) (Entered: 07/13/2017)
7/12/2017457SEALED DOCUMENT placed in vault. (mps) (Entered: 07/12/2017)
7/10/2017Sentencing Letter by Carlos Collins addressed to Judge Katherine B. Forrest from Marion Baker dated June 26, 2017 re: Family Letter in support of Defendant's sentencing. (Quijano, Peter) (Entered: 07/10/2017)
7/10/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Mestre, Jorge Diaz, Kashim Wilson. Notice is hereby given that an official transcript of a Conference proceeding held on 6/9/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/10/2017)
7/10/2017TRANSCRIPT of Proceedings as to Michael Mestre, Jorge Diaz, Kashim Wilson re: Conference held on 6/9/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, 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. Redaction Request due 7/31/2017. Redacted Transcript Deadline set for 8/10/2017. Release of Transcript Restriction set for 10/10/2017. (McGuirk, Kelly) (Entered: 07/10/2017)
7/9/2017Sentencing Letter by Carlos Collins addressed to Judge Katherine B. Forrest from Domingo Sobres dated July 7, 2017 re: Exhibit: Family Letter in support of Defendant't Sentencing. (Quijano, Peter) (Entered: 07/09/2017)
7/7/2017SENTENCING SUBMISSION by USA as to Carlos Collins. (Mark, Eli) (Entered: 07/07/2017)
7/3/2017MEMO ENDORSEMENT granting 449 Motion to Substitute Attorney. as to Esteban Curet (18). ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/3/2017) (ft) (Entered: 07/07/2017)
7/3/2017SENTENCING SUBMISSION by Carlos Collins. (Quijano, Peter) (Entered: 07/03/2017)
6/29/2017 MOTION to Substitute Attorney. Old Attorney: Andrew Ward, New Attorney: Jenny Gu . Document filed by Esteban Curet. (Ward, Andrew) (Entered: 06/29/2017)
6/28/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Robert Wilson Sr.. Notice is hereby given that an official transcript of a Plea proceeding held on 5/25/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 06/28/2017)
6/28/2017TRANSCRIPT of Proceedings as to Robert Wilson Sr. re: Plea held on 5/25/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, 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. Redaction Request due 7/19/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/26/2017. (McGuirk, Kelly) (Entered: 06/28/2017)
6/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gabriel Ocascio. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/26/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 06/27/2017)
6/27/2017TRANSCRIPT of Proceedings as to Gabriel Ocascio re: Sentence held on 5/26/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, 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. Redaction Request due 7/18/2017. Redacted Transcript Deadline set for 7/28/2017. Release of Transcript Restriction set for 9/25/2017. (McGuirk, Kelly) (Entered: 06/27/2017)
6/14/2017Attorney update in case as to Jorge Diaz. Attorney Aaron M. Goldsmith terminated. (ajs) (Entered: 03/25/2024)
6/14/2017Attorney update in case as to Jorge Diaz. Attorney Andre G. Travieso terminated (jw) (Entered: 06/14/2017)
6/14/2017ORDER as to Michael Mestre, Jorge Diaz, Kashim Wilson (Motions due by 7/24/2017., Replies due by 8/14/2017., Responses due by 8/7/2017, Status Conference set for 9/15/2017 at 01:00 PM before Judge Katherine B. Forrest.) Time excluded from 6/9/17 until 11/6/17. It is hereby ORDERED as follows: Aaron Goldsmith is relieved as counsel for defendant Diaz, and Andre G. Travieso has been retained as counsel of record. Motions to suppress shall be filed not later than 7/24/2017. Responses shall be filed not later than 8/7/2017. Replies, if any, shall be filed not later than 8/14/2017. All other motions (other than suppression) shall be filed not later than 8/15/2017. Responses shall be filed not later than 8/29/2017. Replies, if any, shall be filed not later than 9/5/2017. The next status conference is scheduled for 9/15/2017, at 1:00 p.m. Trial shall commence on 11/6/2017. Upon application of the Government and consented to by defendants, and as set forth on the record, time pursuant to 18 U.S.C. 3161 (h)(7)(A) of the Speedy Trial Act, is hereby excluded from 6/9/2017 to 11/6/2017. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendants in a speedy trial. (Signed by Judge Katherine B. Forrest on 6/14/17)(jw) (Entered: 06/14/2017)
6/13/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Esteban Curet. Notice is hereby given that an official transcript of a Plea proceeding held on 5/16/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 06/13/2017)
6/13/2017TRANSCRIPT of Proceedings as to Esteban Curet re: Plea held on 5/16/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300, 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. Redaction Request due 7/5/2017. Redacted Transcript Deadline set for 7/14/2017. Release of Transcript Restriction set for 9/11/2017. (McGuirk, Kelly) (Entered: 06/13/2017)
6/9/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Status Conference as to Michael Mestre, Jorge Diaz, Kashim Wilson held on 6/9/2017. Defendant Mestre present with atty Zachary Taylor. Defendant Diaz present with attys Andre Travieso and Aaron Goldsmith. Defendant Wilson present with atty Gerald DiChiara. AUSAs Eli Mark and Matthew Laroche present. COurt Reporter present. Conference held. Order to follow. Detention continued for all defendants. (jp) (Entered: 06/12/2017)
6/7/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Francisco Reyes. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/12/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 06/07/2017)
6/7/2017TRANSCRIPT of Proceedings as to Francisco Reyes re: Sentence held on 5/12/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Tara Jones, (212) 805-0300, 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. Redaction Request due 6/28/2017. Redacted Transcript Deadline set for 7/10/2017. Release of Transcript Restriction set for 9/5/2017. (McGuirk, Kelly) (Entered: 06/07/2017)
6/5/2017ORDER as to Michael Mestre (13), Jorge Diaz (20), Kashim Wilson (21). A status conference for the above defendants is scheduled for Friday, June 9, 2017, at 11:00 a.m. SO ORDERED: (Signed by Judge Katherine B. Forrest on 6/5/2017)(bw) (Entered: 06/05/2017)
6/5/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Saez. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/5/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 06/05/2017)
6/5/2017TRANSCRIPT of Proceedings as to Jonathan Saez re: Sentence held on 5/5/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, 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. Redaction Request due 6/26/2017. Redacted Transcript Deadline set for 7/6/2017. Release of Transcript Restriction set for 9/5/2017. (McGuirk, Kelly) (Entered: 06/05/2017)
6/5/2017NOTICE OF ATTORNEY APPEARANCE: Andre G. Travieso appearing for Jorge Diaz. Appearance Type: Retained. (Travieso, Andre) (Entered: 06/05/2017)
6/5/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Smith. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/5/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 06/05/2017)
6/5/2017TRANSCRIPT of Proceedings as to Joseph Smith re: Sentence held on 5/5/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, 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. Redaction Request due 6/26/2017. Redacted Transcript Deadline set for 7/6/2017. Release of Transcript Restriction set for 9/5/2017. (McGuirk, Kelly) (Entered: 06/05/2017)
6/5/2017***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Jorge Diaz: Notice to Attorney Andre G. Travieso to RE-FILE Document 432 Notice of Attorney Appearance - Defendant. ERROR(S):Document has not been fully secured, item can be changed/altered in real time. (ka) (Entered: 06/05/2017)
6/5/2017 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF ATTORNEY APPEARANCE: Andre G. Travieso appearing for Jorge Diaz. Appearance Type: Retained. (Travieso, Andre) Modified on 6/5/2017 (ka). (Entered: 06/05/2017)
6/2/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Mestre. Notice is hereby given that an official transcript of a Arraignment proceeding held on 5/4/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 06/02/2017)
6/2/2017TRANSCRIPT of Proceedings as to Michael Mestre re: Arraignment held on 5/4/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300, 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. Redaction Request due 6/23/2017. Redacted Transcript Deadline set for 7/3/2017. Release of Transcript Restriction set for 8/31/2017. (McGuirk, Kelly) (Entered: 06/02/2017)
6/1/2017JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 5/26/2017. Defendant Gabriel Ocascio (11) pleaded guilty to Count(s) 1. Count(s) 2 is dismissed on the motion of the United States. IMPRISONMENT: Seventy Six (76) Months. The court makes the following recommendations to the Bureau of Prisons: Please see additional page. Additional Imprisonment Terms: -It is recommended that the Bureau of Prisons take special notice of the correct spelling of the defendant's last name. The defendant's name is spelled Gabriel Ocasio. A spelling error, not attributed to the defendant resulted in the incorrect spelling of the defendant's name as it appears on the indictment. -The defendant has a serious history of medical conditions. It is recommended that the defendant be evaluated and treated for any conditions he may have. -It is also recommended that the defendant be housed in FCI Fort Dix. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (See page 5 of Judgment). Additional Supervised Release Terms (See page 6 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 6/1/2017)(bw) (Entered: 06/01/2017)
6/1/2017TRANSCRIPT REQUEST FORM B Filed by Eladio Padilla for a Sentence proceeding held on 4/28/2017 before Judge Katherine B. Forrest Transcript due by 6/12/2017. (nd) (Entered: 06/01/2017)
5/26/2017DISMISSAL OF COUNTS on Government Motion as to Gabriel Ocascio (11) Count 2. (bw) (Entered: 06/01/2017)
5/26/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 5/26/2017 for Gabriel Ocascio (11) Count 1. (jp) (Entered: 05/26/2017)
5/25/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Eladio Padilla. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/28/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/25/2017)
5/25/2017TRANSCRIPT of Proceedings as to Eladio Padilla re: Sentence held on 4/28/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, 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. Redaction Request due 6/15/2017. Redacted Transcript Deadline set for 6/26/2017. Release of Transcript Restriction set for 8/23/2017. (McGuirk, Kelly) (Entered: 05/25/2017)
5/25/2017Order of Referral to Probation for Presentence Investigation and Report as to Robert Wilson Sr. (jp) (Entered: 05/25/2017)
5/25/2017Set/Reset Hearings as to Robert Wilson Sr. : Sentencing set for 8/4/2017 at 12:00 PM before Judge Katherine B. Forrest. (jp) (Entered: 05/25/2017)
5/25/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Robert Wilson Sr. held on 5/25/2017., Plea entered by Robert Wilson Sr. (17) Guilty of Lesser Offense as to Count 1. Defendant present with attorney Lawrence Dubin. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offense contained in Count 1. Court accepts plea. Sentencing set for 8/4/2017, at 12:00 p.m. Sentencing submissions from the defendant are due not later than 7/25/2017. Government submissions due 8/1/2017. PSR Ordered. Detention continued. (jp) (Entered: 05/25/2017)
5/25/2017MEMO ENDORSEMENT terminating 424 LETTER MOTION To request that the Court authorize an additional 10 hours of billing time for my associate Laura DiChiara as to Kashim Wilson...ENDORSEMENT...SO ORDERED. (Signed by Judge Katherine B. Forrest on 5/25/17) (jw) (Entered: 05/25/2017)
5/24/2017 LETTER MOTION addressed to Judge Katherine B. Forrest from Gerald J. Di Chiara dated 5-24-17 re: Request additional associate billing time . Document filed by Kashim Wilson. (Di Chiara, Gerald) (Entered: 05/24/2017)
5/23/2017423SEALED DOCUMENT placed in vault. (mps) (Entered: 05/23/2017)
5/22/2017ORDER as to Luis Cruz. Upon application by the defendant and consented to by the Government, the sentencing for Mr. Cruz is adjourned to July 31, 2017, at 12:00 p.m. SO ORDERED. (Sentencing set for 7/31/2017 at 12:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 5/22/2017)(ft) (Entered: 05/22/2017)
5/22/2017ORDER as to Luis Cruz. IT IS HEREBY ORDERED, that Dr. Naftali G. Berrill is appointed as an Psychologist in the above captioned case. Dr. Berrill is appointed pursuant to the Criminal Justice Act and Title 18 United States Code §3006A(e)(1) and is to be compensated at the applicable rate of $250.00 per hour plus expenses reasonably incurred, for 15 hours of services. If additional hours of services are required, counsel for defendant LUIS CRUZ will make a supplemental application to this Court. IT IS HERBY FURTHER ORDERED, that the Federal Bureau of Prisons provide LUIS CRUZ with reasonable access to perform necessary interviews, testing and evaluations of LUIS CRUZ, 77647-054, while LUIS CRUZ is in the custody of the Federal Bureau of Prisons. SO ORDERED (Signed by Judge Katherine B. Forrest on 5/22/2017)(ft) (Entered: 05/22/2017)
5/22/2017Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Eladio Padilla re: 420 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 05/22/2017)
5/22/2017Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Eladio Padilla to US Court of Appeals re: 420 Notice of Appeal - Final Judgment. (tp) (Entered: 05/22/2017)
5/19/2017SENTENCING SUBMISSION by USA as to Gabriel Ocascio. (Mark, Eli) (Entered: 05/19/2017)
5/16/2017NOTICE OF APPEAL by Eladio Padilla from 386 Judgment. (tp) (Entered: 05/22/2017)
5/16/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Smith. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/5/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/16/2017)
5/16/2017TRANSCRIPT of Proceedings as to Joseph Smith re: Sentence held on 5/5/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, 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. Redaction Request due 6/6/2017. Redacted Transcript Deadline set for 6/16/2017. Release of Transcript Restriction set for 8/14/2017. (McGuirk, Kelly) (Entered: 05/16/2017)
5/16/2017Order of Referral to Probation for Presentence Investigation and Report as to Esteban Curet. (jp) (Entered: 05/16/2017)
5/16/2017Set/Reset Hearings as to Esteban Curet: Sentencing set for 9/8/2017 at 02:00 PM before Judge Katherine B. Forrest. (jp) (Entered: 05/16/2017)
5/16/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Esteban Curet held on 5/16/2017., Plea entered by Esteban Curet (18) Guilty of Lesser Offense as to Count 1. Defendant present with attys Nicole Friedlander and Andrew Ward. AUSA Eli Mark present. Court reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offense contained in count 1. Court accepts plea. Sentencing set for 9/8/2017, at 2:00 p.m. Sentencing submissions from the defendant are due not later than 8/25/2017. Government submissions due not later than 9/1/2017. Remand continued. PSR Ordered. (jp) (Entered: 05/16/2017)
5/16/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian McBeth. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/14/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/16/2017)
5/16/2017TRANSCRIPT of Proceedings as to Brian McBeth re: Sentence held on 4/14/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, 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. Redaction Request due 6/6/2017. Redacted Transcript Deadline set for 6/16/2017. Release of Transcript Restriction set for 8/14/2017. (McGuirk, Kelly) (Entered: 05/16/2017)
5/16/2017JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 5/12/2017. Defendant Francisco Reyes (8) pleaded guilty to Count(s) 1, 2. IMPRISONMENT: Thirty Three (33) Months on Count one, to be followed consecutively by Eighty Four (84) Months on Count two, for a total term of imprisonment of One Hundred and Seventeen (117) Months. Additional Imprisonment Terms: -It is strongly recommended that the defendant be given priority placement in an RDAP program, if qualified. If the defendant does not qualify, it is strongly recommended that the defendant be made available for any available drug treatment programs, as well as mental health counseling. -It is also recommended that the defendant be housed in a facility as close to New York City, as possible. -To the extent possible, it is recommended that the defendant be separated from any co-defendants in this case. SUPERVISED RELEASE: Three (3) years on count one to run concurrently with Five (5) years on count two. Standard Conditions of Supervision (See page 5 of Judgment). Additional Supervised Release Terms (See page 6 of Judgment). ASSESSMENT: $200.00, due immediately. (Signed by Judge Katherine B. Forrest on 5/16/2017)(bw) (Entered: 05/16/2017)
5/15/2017Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Joseph Smith re: 412 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 05/15/2017)
5/15/2017TRANSCRIPT REQUEST FORM B Filed by Joseph Smith for a Sentence proceeding held on 5/4/2017 before Judge Katherine B. Forrest Transcript due by 5/25/2017. (nd) (Entered: 05/15/2017)
5/15/2017Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Joseph Smith to US Court of Appeals re: 412 Notice of Appeal. (nd) (Entered: 05/15/2017)
5/15/2017NOTICE OF APPEAL by Joseph Smith from 396 Judgment. (nd) (Entered: 05/15/2017)
5/12/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 5/12/2017 for Francisco Reyes (8) Count 1,2. (jp) (Entered: 05/15/2017)
5/12/2017Sentencing Letter by Gabriel Ocascio addressed to Judge Katherine B. Forrest from Jill R. Shellow dated 05/12/2017 re: Sentencing. (Attachments: # 1 Exhibit Letters)(Shellow, Jill) (Entered: 05/12/2017)
5/12/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Robert Wilson. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/10/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/12/2017)
5/12/2017TRANSCRIPT of Proceedings as to Robert Wilson re: Sentence held on 3/10/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300, 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. Redaction Request due 6/2/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017. (McGuirk, Kelly) (Entered: 05/12/2017)
5/12/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kashim Wilson. Notice is hereby given that an official transcript of a Conference proceeding held on 4/3/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/12/2017)
5/12/2017TRANSCRIPT of Proceedings as to Kashim Wilson re: Conference held on 4/3/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, 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. Redaction Request due 6/2/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017. (McGuirk, Kelly) (Entered: 05/12/2017)
5/12/2017TRANSCRIPT of Proceedings as to Kashim Wilson re: Conference held on 4/3/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, 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. Redaction Request due 6/2/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017. (McGuirk, Kelly) (Entered: 05/12/2017)
5/10/2017Set/Reset Deadlines/Hearings as to Carlos Collins: Sentencing set for 7/14/2017 at 11:00 AM before Judge Katherine B. Forrest. (ft) (Entered: 05/11/2017)
5/10/2017MEMO ENDORSEMENT granting 399 LETTER MOTION Adjournment of Setnencing as to Carlos Collins (19). Ordered: Based on the particularized need here, the Court grants the request. Sentencing is adjourned to 7/14/17 at 11 am. (Signed by Judge Katherine B. Forrest on 5/10/2017) (ft) (Entered: 05/11/2017)
5/10/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carlos Collins. Notice is hereby given that an official transcript of a Plea proceeding held on 3/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/10/2017)
5/10/2017TRANSCRIPT of Proceedings as to Carlos Collins re: Plea held on 3/13/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300, 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. Redaction Request due 5/31/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/8/2017. (McGuirk, Kelly) (Entered: 05/10/2017)
5/10/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ralphie DeJesus. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/10/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/10/2017)
5/10/2017TRANSCRIPT of Proceedings as to Ralphie DeJesus re: Sentence held on 3/10/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300, 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. Redaction Request due 5/31/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/8/2017. (McGuirk, Kelly) (Entered: 05/10/2017)
5/10/2017400SEALED DOCUMENT placed in vault. (mps) (Entered: 05/10/2017)
5/9/2017FIRST LETTER MOTION addressed to Judge Katherine B. Forrest from Peter Quijano dated May 9, 2017 re: Adjournment of Sentencing . Document filed by Carlos Collins. (Quijano, Peter) (Entered: 05/09/2017)
5/8/2017397SEALED DOCUMENT placed in vault. (mps) (Entered: 05/08/2017)
5/8/2017JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 5/5/2017. Defendant Joseph Smith (2) pleaded guilty to Count(s) 1, 2. Count(s) Open are dismissed on the motion of the United States. IMPRISONMENT: Ninety-Two (92) Months on Count one, to be followed consecutively by Eighty-Eight (88) Months on Count two for a total term of imprisonment of One Hundred and Eighty (180) Months. The court makes the following recommendations to the Bureau of Prisons: In light of several co-defendants being housed in the New York City area, it is strongly recommended that the defendant not be housed in the New York City area. The defendant should be housed away from his co-defendants or he will perpetrate his gang/drug leadership role. SUPERVISED RELEASE: Three (3) Years on count one to run concurrently with Five (5) Years on count two. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). ASSESSMENT: $200.00, due immediately. (Signed by Judge Katherine B. Forrest on 5/5/2017)(bw) (Entered: 05/08/2017)
5/8/2017ORDER as to (16-Cr-317-13) Michael Mestre. Pursuant to a proceeding with the Court on 5/4/2017, it is hereby ORDERED as follows: -All remaining discovery shall be produced not later than 5/8/2017. -The next status conference is scheduled for 6/9/2017 at 11:00 a.m. At that conference the parties shall be prepared to discuss any potential motions which may be brought as well as a schedule for going forward, including trial. -As consented to by defendant, and as set forth on the record, time pursuant to 18 U.S.C. 3161 (h)(7)(A) of the Speedy Trial Act, is hereby excluded from 5/4/2017 to 6/9/2017. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendant in a speedy trial. SO ORDERED: (Signed by Judge Katherine B. Forrest on 5/8/2015)(bw) (Entered: 05/08/2017)
5/5/2017Minute Entry for proceedings held before Judge Katherine B. Forrest: Sentencing held on 5/5/2017 for Joseph Smith (2) Count 1,2. (bw) (Entered: 05/15/2017)
5/5/2017SENTENCING SUBMISSION by USA as to Francisco Reyes. (Mark, Eli) (Entered: 05/05/2017)
5/5/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Frank O'Byrant. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/05/2017)
5/5/2017TRANSCRIPT of Proceedings as to Frank O'Byrant re: Sentence held on 4/13/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, 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. Redaction Request due 5/26/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/3/2017. (McGuirk, Kelly) (Entered: 05/05/2017)
5/5/2017Sentencing Letter by Joseph Smith addressed to Katherine B. Forrest from Donald Yannella dated 5/5/2017 re: letter from Joseph Smith to Your Honor. (Yannella, Donald) (Entered: 05/05/2017)
5/4/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to Michael Mestre (13) Count 1,2Michael Mestre (13) Count 1,2 held on 5/4/2017., Plea entered by Michael Mestre (13) Count 1,2Michael Mestre (13) Count 1,2 Not Guilty. Defendant present with attorney Zachary Taylor. AUSA Matthew Laroche present. Court Reporter present. Defendant arraigned on the indictment and enters a plea of not guilty to all counts. Order to follow. Detention continued. (jp) (Entered: 05/05/2017)
5/4/2017SENTENCING SUBMISSION by USA as to Joseph Smith. (Laroche, Matthew) (Entered: 05/04/2017)
5/2/2017JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 4/28/2017. Defendant Eladio Padilla (4) pleaded guilty to Count(s) 1, 2. IMPRISONMENT: Forty-Eight (48) Months on count 1 to run consecutively with Eighty-Four (84) Months on count 2, for a total term of imprisonment of One Hundred and Thirty Two (132) Months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. It is also recommended that the defendant be permitted to participate in any drug treatment programs for which he may qualify. SUPERVISED RELEASE: Three (3) Years on each count to run concurrently. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). ASSESSMENT: $200.00, due immediately. (Signed by Judge Katherine B. Forrest on 5/1/2017)(bw) (Entered: 05/02/2017)
5/1/2017SENTENCING SUBMISSION by USA as to Jonathan Saez. (Laroche, Matthew) (Entered: 05/01/2017)
5/1/2017SENTENCING SUBMISSION by USA as to Joseph Smith. (Laroche, Matthew) (Entered: 05/01/2017)
4/28/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 4/28/2017 for Eladio Padilla (4) Count 1,2. (jp) (Entered: 05/01/2017)
4/28/2017Sentencing Letter by Joseph Smith as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Rahim Solano, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz, Kashim Wilson addressed to Katherine B. Forrest from Donald Yannella, Esq. dated 4/28/2017. (Yannella, Donald) (Entered: 04/28/2017)
4/27/2017MEMO ENDORSEMENT granting 379 LETTER MOTION as to Robert Wilson (16). ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 4/27/2017) (ft) (Entered: 04/27/2017)
4/27/2017MEMO ENDORSEMENT granting 380 LETTER MOTION as to Joseph Smith (2), Jonathan Saez (6). ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 4/27/2017) (ft) (Entered: 04/27/2017)
4/26/2017 LETTER MOTION addressed to Judge Katherine B. Forrest from Matthew Laroche dated April 26, 2017 re: Sentencing Submission Deadline . Document filed by USA as to Joseph Smith, Jonathan Saez. (Laroche, Matthew) (Entered: 04/26/2017)
4/26/2017 LETTER MOTION addressed to Judge Katherine B. Forrest from Jonathan Bach dated April 7, 2017 re: requesting to be removed from receiving any further ECF notices . Document filed by Robert Wilson. (Bach, Jonathan) (Entered: 04/26/2017)
4/26/2017SENTENCING SUBMISSION by Eladio Padilla. (Attachments: # 1 Exhibit Family Character Letters, # 2 Exhibit Character Letters, # 3 Exhibit Character Letters, # 4 Exhibit Character Letters)(Nkrumah, Kafahni) (Entered: 04/26/2017)
4/25/2017377Arrest Warrant Returned Executed on 4/17/2017 as to Michael Mestre (13). (bw) (Entered: 04/25/2017)
4/21/2017SENTENCING SUBMISSION by USA as to Eladio Padilla. (Mark, Eli) (Entered: 04/21/2017)
4/21/2017MEMO ENDORSEMENT denying 372 LETTER MOTION filed by Joseph Smith (2), addressed to Judge Katherine B. Forrest from Attorney Donald J. Yannella dated April 20, 2017 re: thirty day adjournment of sentence. ENDORSEMENT: Denied. See P.13 of the transcript of 2/6/17 (Lines 21 - 25). You can get the submission in anytime up to April 28, 2017. (Signed by Judge Katherine B. Forrest on 4/21/2017) (bw) (Entered: 04/21/2017)
4/21/2017SENTENCING SUBMISSION by Jonathan Saez. (Attachments: # 1 Exhibit 1-20)(Stein, Mark) (Entered: 04/21/2017)
4/21/2017MEMO ENDORSEMENT denying 361 LETTER MOTION filed by Eladio Padilla (4), addressed to Judge Katherine B. Forrest from defendant Eladio Padilla, by Attorney Kafahni Nkrumah, dated April 17, 2017 re: Adjournment of Sentencing Hearing. ENDORSEMENT: Denied. See page 31 of the transcript of 2/15/17. Prepare your submission and submit it not later than 2/26/17. (Signed by Judge Katherine B. Forrest on 4/21/2017) (bw) (Entered: 04/21/2017)
4/20/2017 LETTER MOTION addressed to Judge Katherine B. Forrest from Donald Yannella dated April 20, 2017 re: thirty day adjournment of sentence . Document filed by Joseph Smith. (Yannella, Donald) (Entered: 04/20/2017)
4/19/2017NOTICE OF ATTORNEY APPEARANCE: Zachary Stewart Taylor appearing for Michael Mestre. Appearance Type: CJA Appointment. (Taylor, Zachary) (Entered: 04/19/2017)
4/18/2017369MEDICAL ATTENTION FORM: as to (16-Cr-317-13) Michael Mestre. To the Wardens of the Metropolitan Correctional Center, the Metropolitan Detention Center, or any other detention facility: The above-named defendant has been remanded in lieu of bail at the time of his/her presentment before this Court. At that time, the following information requiring medical attention for the defendant was disclosed: (See this document for complete details). (Signed by Magistrate Judge Debra C. Freeman on 4/18/2017) (bw) (Entered: 04/18/2017)
4/18/2017Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Initial Appearance as to (16-Cr-317-13) Michael Mestre held on 4/18/2017. Date of Arrest: 4/17/2017. AUSA Jason Richmond. Defense Counsel Zachary Taylor (CJA). Defendant waives pretrial report. Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. (bw) (Entered: 04/18/2017)
4/18/2017Attorney update in case as to Michael Mestre (13). Attorney Zachary Stewart Taylor for Michael Mestre added. (bw) (Entered: 04/18/2017)
4/18/2017367CJA 23 Financial Affidavit by (16-Cr-317-13) Michael Mestre. APPROVED: (Signed by Magistrate Judge Debra C. Freeman on 4/18/2017); Attorney Zachary Taylor. (bw) (Entered: 04/18/2017)
4/18/2017JUDGMENT as to Brian McBeth (7), Count(s) 1, Imprisonment: Fifty-Seven (57) Months on Count One, to be followed by Sixty (60) Months on Count Two to be served consecutively, for a total term of imprisonment of One Hundred and Seventeen (117) Months. Supervised Release: Five years on both counts to run concurrently.; Count(s) 2, Imprisonment: Fifty-Seven (57) Months on Count One, to be followed by Sixty (60) Months on Count Two to be served consecutively, for a total term of imprisonment of One Hundred and Seventeen (117) Months. Supervised Release: Five years on both counts to run concurrently. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. It is also recommended that the defendant be evaluated for any drug or alcohol program for which he may qualify. The defendant shall refrain from unlawful use of a controlled substance; the probation office may test the defendant randomly or on a scheduled basis to ensure compliance with this term.The defendant must comply with all directives of the probation office regarding any drug testing by the probation office or any associated programs.The Probation Department is to inform the court if the defendant fails any drug test. The defendant shall submit his person, residence, place of business, vehicle, or any other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of the release may be found. This search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be grounds for revocation. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition.The defendant must seek and maintain full-time employment. The defendant is to provide the Probation Department access to any and all requested financial information. The defendant shall pay the special assessment fee of $200 as a lump sum payment due immediately. (Signed by Judge Katherine B. Forrest on 4/18/2017)(ft) (Entered: 04/18/2017)
4/18/2017JUDGMENT as to Frank O'Byrant (3), Count(s) 1, Imprisonment: Sixty (60) Months on Count One, to be followed by Sixty (60) months on Count Two to be served consecutively, for a total term of imprisonment of One Hundred and Twenty (120) Months. Supervised Release: Five (5) Years on both counts to run concurrently.; Count(s) 2, Imprisonment: Sixty (60) Months on Count One, to be followed by Sixty (60) months on Count Two to be served consecutively, for a total term of imprisonment of One Hundred and Twenty (120) Months. Supervised Release: Five (5) Years on both counts to run concurrently. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. The defendant shall refrain from unlawful use of a controlled substance; the probation office may test the defendant randomly or on a scheduled basis to ensure compliance with this term. The defendant must comply with all directives of the probation office regarding any drug testing by the probation office or any associated programs. The Probation Department shall notify the Court immediately of any failed drug test. The defendant must participate in a program approved by the probation department for both drug and alcohol abuse, which may include testing to determine whether the defendant has been using drugs. The offender will be required to contribute to costs of services rendered in an amount to be determined by the probation officer, based on ability to pay or availability of third-party payment. The defendant shall submit his person, residence, place of business, vehicle, or any other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of the release may be found. This search must be conducted at a reasonable time and in a reasonable manner.Failure to submit to a search may be grounds for revocation. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. The defendant is to provide the Probation Department access to any and all requested financial information. The defendant shall pay the special assessment fee of $200 as a lump sum payment due immediately. (Signed by Judge Katherine B. Forrest on 4/18/2017)(ft) (Entered: 04/18/2017)
4/18/2017364SEALED DOCUMENT placed in vault. (mps) (Entered: 04/18/2017)
4/17/2017Arrest of Michael Mestre (13). [*** NOTE: Refer to Disposition Sheet for Rule 9 Proceeding held on 4/18/2017. ***] (bw) (Entered: 04/18/2017)
4/17/2017MEMO ENDORSEMENT granting 360 MOTION to Amend/Correct, filed by Frank O'Byrant (3) re: At today's sentencing procedure, I neglected to request the Court recommend to the Bureau of Prisons that Mr. O'Byrant be housed in close proximity to N.Y.C. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 4/17/2017) (bw) (Entered: 04/17/2017)
4/17/2017 LETTER MOTION addressed to Judge Katherine B. Forrest from Eladio Padilla dated April 17, 2017 re: Adjournment of Sentencing Hearing . Document filed by Eladio Padilla. (Nkrumah, Kafahni) (Entered: 04/17/2017)
4/14/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 4/14/2017 for Brian McBeth (7) Count 1,2. (jp) (Entered: 04/17/2017)
4/13/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 4/13/2017 for Frank O'Byrant (3) Count 1,2. (jp) (Entered: 04/17/2017)
4/13/2017 MOTION to Amend/Correct. Document filed by Frank O'Byrant. (Sharkey, Kelley) (Entered: 04/13/2017)
4/12/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Quinzell Frazier. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/17/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/12/2017)
4/12/2017TRANSCRIPT of Proceedings as to Quinzell Frazier re: Sentence held on 3/17/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, 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. Redaction Request due 5/3/2017. Redacted Transcript Deadline set for 5/15/2017. Release of Transcript Restriction set for 7/11/2017. (McGuirk, Kelly) (Entered: 04/12/2017)
4/11/2017ENDORSED LETTER as to Francisco Reyes addressed to Judge Katherine B. Forrest from Frank Handelman dated 4/5/17 re: Reschedule Sentencing.....ENDORSEMENT: SO ORDERED ( Sentencing set for 5/12/2017 at 03:00 PM before Judge Katherine B. Forrest) (Signed by Judge Katherine B. Forrest on 4/10/17)(jw) (Entered: 04/11/2017)
4/11/2017SENTENCING SUBMISSION by Frank O'Byrant. (Attachments: # 1 Letter in Support, # 2 Letter in Support, # 3 Letter in Support)(Sharkey, Kelley) (Entered: 04/11/2017)
4/7/2017SENTENCING SUBMISSION by USA as to Frank O'Byrant. (Mark, Eli) (Entered: 04/07/2017)
4/7/2017Sentencing Letter by Brian McBeth addressed to Judge Katherine B. Forrest from Guy Oksenhendler, Esq. dated April 7, 2017 re: Family Sentencing Letters. (Attachments: # 1 Exhibit Andre Clark Letter, # 2 Exhibit Antonio Hendrickson Letter, # 3 Exhibit Destiney Harrison Letter, # 4 Exhibit Emil Moore Letter, # 5 Exhibit Emily Moore Letter, # 6 Exhibit Iris Colom Letter, # 7 Exhibit Jessica Borges Letter, # 8 Exhibit Rhodesia Wade Letter, # 9 Exhibit Sara Miller Letter, # 10 Exhibit Seanette Gwin Letter, # 11 Exhibit Skyla McBeth Letter, # 12 Exhibit Tatiana Rodriguez)(Oksenhendler, Guy) (Entered: 04/07/2017)
4/7/2017SENTENCING SUBMISSION by Brian McBeth. (Oksenhendler, Guy) (Entered: 04/07/2017)
4/6/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Saquran Curtis. Notice is hereby given that an official transcript of a Conference proceeding held on 3/8/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/06/2017)
4/6/2017TRANSCRIPT of Proceedings as to Saquran Curtis re: Conference held on 3/8/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, 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. Redaction Request due 4/27/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/5/2017. (McGuirk, Kelly) (Entered: 04/06/2017)
4/6/2017348SEALED DOCUMENT placed in vault. (mps) (Entered: 04/06/2017)
4/5/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Saquran Curtis. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/3/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/05/2017)
4/5/2017TRANSCRIPT of Proceedings as to Saquran Curtis re: Sentence held on 3/3/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, 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. Redaction Request due 4/26/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/5/2017. (McGuirk, Kelly) (Entered: 04/05/2017)
4/4/2017ORDER as to Kashim Wilson. The Government shall complete the production of discovery not later than 4/17/2017. The next status conference is scheduled for 6/9/2017 at 11:00 a.m. At that time, counsel should be prepared to discuss any motions which may be brought as well as a trial schedule. Upon application of the Government and consented to by defendant, and as set forth on the record, time pursuant to 18 U.S.C. 3161 (h)(7)(A) of the Speedy Trial Act, is hereby excluded from 4/3/2017 to 6/9/2017. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendant in a speedy trial. SO ORDERED. (Discovery due by 4/17/2017, Status Conference set for 6/9/2017 at 11:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 4/4/2017)(ft) (Entered: 04/04/2017)
4/3/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to Kashim Wilson (21) Count 1,2,3Kashim Wilson (21) Count 1,2,3 held on 4/3/2017., Plea entered by Kashim Wilson (21) Count 1,2,3Kashim Wilson (21) Count 1,2,3 Not Guilty. Defendant present with attorney Gerald Di Chiara. AUSA Matthew Laroche present. Court Reporter present. Defendant arraigned on the Indictment and enters a plea of not guilty to all counts. Order to follow. Detention continued. (jp) (Entered: 04/03/2017)
4/3/2017NOTICE OF ATTORNEY APPEARANCE: Gerald J Di Chiara appearing for Kashim Wilson. Appearance Type: CJA Appointment. (Di Chiara, Gerald) (Entered: 04/03/2017)
4/3/2017Sentencing Letter by Frank O'Byrant addressed to Hon. Katherine B. Forrest from Kelley Sharkey dated April 3, 2017 re: sentencing. (Sharkey, Kelley) (Entered: 04/03/2017)
3/31/2017SENTENCING SUBMISSION by USA as to Brian McBeth. (Mark, Eli) (Entered: 03/31/2017)
3/31/2017ENDORSED LETTER as to (16-Cr-317-09) Luis Cruz addressed to Judge Katherine B. Forrest from Attorney Karloff C. Commissiong dated March 25, 2017 re: submitted to request appointment of Mitigation Specialist regarding Psycho-Social Analysis of Luis Cruz. ENDORSEMENT: Denied. The instant situation, as defendant, presents unfortunate but not unusual circumstances. The sentencing submission is primarily the responsibility of counsel. The Court does not perceive a need for a "mitigation specialist" apart from experienced counsel here. (Signed by Judge Katherine B. Forrest on 3/31/2017)(bw) (Entered: 03/31/2017)
3/31/2017***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Kashim Wilson: Notice to Attorney Gerald J Di Chiara to RE-FILE Document 340 Notice of Attorney Appearance - Defendant. ERROR(S): Attorney signature missing from document. (ka) (Entered: 03/31/2017)
3/30/2017 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - NOTICE OF ATTORNEY APPEARANCE: Gerald J Di Chiara appearing for Kashim Wilson. Appearance Type: CJA Appointment. (Di Chiara, Gerald) Modified on 3/31/2017 (ka). (Entered: 03/30/2017)
3/28/2017Attorney update in case as to Kashim Wilson. Attorney Gerald Dichiara for Kashim Wilson added. (jw) (Entered: 03/29/2017)
3/28/2017338CJA 23 Financial Affidavit by Kashim Wilson. (Signed by Judge Magistrate Judge James C. Francis) Attorney Gerald J. DiChiara (jw) (Entered: 03/29/2017)
3/28/2017Set/Reset Deadlines/Hearings as to Kashim Wilson: Pretrial Conference set for 3/31/2017 at 01:30 PM before Judge Katherine B. Forrest (jw) (Entered: 03/29/2017)
3/28/2017Minute Entry for proceedings held before Magistrate Judge James C. Francis:Initial Appearance on disposition sheet as to Kashim Wilson held on 3/28/2017. Deft present with atty Gerald DiChiara. AUSA Matthew Laroche present. Detention on consent without prejudice. Next conference set before District Judge on 3/31/17 at 1:30pm. (jw) (Entered: 03/29/2017)
3/28/2017S(8) INDICTMENT FILED as to Kashim Wilson (21) count(s) 1, 2, 3. (jm)(Filed under seal on 3/21/17 (Entered: 03/28/2017)
3/28/2017ORDER as to Kashim Wilsonunsealing the S(8) superseding indictment.. (Signed by Magistrate Judge James C. Francis on 3/28/17)(jm) (Entered: 03/28/2017)
3/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Napoleonis. Notice is hereby given that an official transcript of a Sentence proceeding held on 2/24/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/27/2017)
3/27/2017TRANSCRIPT of Proceedings as to Christopher Napoleonis re: Sentence held on 2/24/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, 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. Redaction Request due 4/17/2017. Redacted Transcript Deadline set for 4/27/2017. Release of Transcript Restriction set for 6/26/2017. (McGuirk, Kelly) (Entered: 03/27/2017)
3/23/2017331SEALED DOCUMENT placed in vault. (mps) (Entered: 03/23/2017)
3/23/2017330SEALED DOCUMENT placed in vault. (mps) (Entered: 03/23/2017)
3/20/2017JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 3/17/2017. Defendant Quinzell Frazier (5) pleaded guilty to Count(s) 1. Count(s) Open and Underlying are dismissed on the motion of the United States. IMPRISONMENT: Forty-Six (46) Months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 3/20/2017)(bw) (Entered: 03/20/2017)
3/17/2017DISMISSAL OF COUNTS on Government Motion as to Quinzell Frazier (5) Count 2. (bw) (Entered: 03/20/2017)
3/17/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 3/17/2017 for Quinzell Frazier (5) Count 1. (jp) (Entered: 03/17/2017)
3/15/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Luis Cruz. Notice is hereby given that an official transcript of a Plea proceeding held on 2/15/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/15/2017)
3/15/2017TRANSCRIPT of Proceedings as to Luis Cruz re: Plea held on 2/15/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, 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. Redaction Request due 4/5/2017. Redacted Transcript Deadline set for 4/17/2017. Release of Transcript Restriction set for 6/13/2017. (McGuirk, Kelly) (Entered: 03/15/2017)
3/15/2017JUDGMENT In A Criminal Case. Defendant Robert Wilson (16) pleaded guilty to Count(s) 1. IMPRISONMENT: Forty-Eight (48) Months. The court makes the following recommendations to the Bureau of Prisons: Notwithstanding the circumstances surrounding the offense, it is strongly recommended that the defendant be given consideration for priority placement in an RDAP program in a facility, as close to New York City, as possible. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 3/13/2017)(bw) (Main Document 326 replaced on 3/17/2017) (jp). (Entered: 03/15/2017)
3/15/2017JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 3/10/2017. Defendant Ralphie DeJesus (10) pleaded guilty to Count(s) 1. Count(s) 2 is dismissed on the motion of the United States. IMPRISONMENT: Seventy (70) Months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be assessed for qualification for drug treatment. It is also recommended that the defendant be housed in a facility as close to New York City, as possible. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 3/13/2017)(bw) (Entered: 03/15/2017)
3/13/2017Order of Referral to Probation for Presentence Investigation and Report as to Carlos Collins. (jm) (Entered: 03/15/2017)
3/13/2017Minute Entry for proceedings held before Judge Katherine B. Forrest: Waiver of Indictment is signed. Deft. is present with attorney Peter Quijano; AUSA Mark is also present. Arraignment as to Carlos Collins (19) Count 1s held on 3/13/2017. Plea entered by Carlos Collins (19) Guilty as to Count 1s., as to Carlos Collins. The Court accepts the plea. PSR ordered. Detention continued. ( Defense submissions due by 6/9/2017., Government submissions due by 6/16/2017., Sentencing set for 6/23/2017 at 12:00 PM before Judge Katherine B. Forrest.) (Court Reporter PRESENT) (jm) (Entered: 03/15/2017)
3/13/2017WAIVER OF INDICTMENT by Carlos Collins. (jm) (Entered: 03/15/2017)
3/13/2017(S6) SUPERSEDING INFORMATION (Felony) filed as to Carlos Collins (19) count(s) 1s. (jm) (Entered: 03/15/2017)
3/10/2017DISMISSAL OF COUNTS on Government Motion as to Ralphie DeJesus (10) Count 2. (bw) (Entered: 03/15/2017)
3/10/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 3/10/2017 for Ralphie DeJesus (10) Count 1. (jp) (Entered: 03/13/2017)
3/10/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 3/10/2017 for Robert Wilson (16) Count 1. (jp) (Entered: 03/13/2017)
3/10/2017SENTENCING SUBMISSION by USA as to Quinzell Frazier. (Mark, Eli) (Entered: 03/10/2017)
3/9/2017JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 3/8/2017. Defendant Saquran Curtis (14) pleaded guilty to Count(s) 1. IMPRISONMENT: Sixty (60) Months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to NYC, as possible. SUPERVISED RELEASE: Four (4) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 3/9/2017)(bw) (Entered: 03/09/2017)
3/9/2017ORDER as to (16-Cr-317-10) Ralphie DeJesus. Page 26 of the PSR notes several objections by the defendant. The parties should be prepared to bring whatever evidence they have to support any of these statements or denials to the sentencing. In addition, the Court requests that the Government inform the Court as to whether it has any information that indicates that Mr. Dejesus had "any contact" with defendants Flowers, Smith, Napoleonis, Wilson, McBeth, or O'Bryant prior to his arrest. In particular, the Court would like to know if there are any wire taps between the defendant and any of these individuals or surveillance tapes. In light of the defendant's denial of any association with a gang, the Court would like to understand the meaning of the tattoo across his fingers. SO ORDERED: (Signed by Judge Katherine B. Forrest on 3/9/2017)(bw) (Entered: 03/09/2017)
3/8/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 3/8/2017 for Saquran Curtis (14) Count 1. (jp) (Entered: 03/09/2017)
3/8/2017SENTENCING SUBMISSION by Quinzell Frazier. (Lee, Winston) (Entered: 03/08/2017)
3/7/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Napoleonis. Notice is hereby given that an official transcript of a Sentence proceeding held on 2/24/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/07/2017)
3/7/2017TRANSCRIPT of Proceedings as to Christopher Napoleonis re: Sentence held on 2/24/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, 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. Redaction Request due 3/28/2017. Redacted Transcript Deadline set for 4/7/2017. Release of Transcript Restriction set for 6/5/2017. (McGuirk, Kelly) (Entered: 03/07/2017)
3/3/2017SENTENCING SUBMISSION by USA as to Ralphie DeJesus. (Laroche, Matthew) (Entered: 03/03/2017)
3/3/2017SENTENCING SUBMISSION by USA as to Robert Wilson. (Laroche, Matthew) (Entered: 03/03/2017)
3/3/2017SENTENCING SUBMISSION by Quinzell Frazier. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2)(Lee, Winston) (Entered: 03/03/2017)
3/3/2017SENTENCING SUBMISSION by Saquran Curtis. (Kirton, Marlon) (Entered: 03/03/2017)
3/2/2017SENTENCING SUBMISSION by Saquran Curtis. (Attachments: # 1 Exhibit Letters from friends and family)(Kirton, Marlon) (Entered: 03/02/2017)
3/2/2017 LETTER by USA as to Saquran Curtis addressed to Judge Katherine B. Forrest from Eli J. Mark dated March 2, 2017 re: Defendant Saquran Curtis Sentencing Document filed by USA. (Mark, Eli) (Entered: 03/02/2017)
2/28/2017ENDORSED LETTER as to (16-Cr-317-08) Francisco Reyes addressed to Judge Katherine B. Forrest from Attorney Frank Handelman dated February 27, 2017 re: I am writing to request permission to share the discovery material in this case with Alexander S. Bardey, MD, whose work in evaluating Mr. Reyes you approved earlier. Dr. Bardey has now met with Mr. Reyes and is preparing his report. As part of his evaluation, he has requested access to the discovery material as to Mr. Reyes, which is protected by the Order of June 6, 2016. I have spoken to AUSA Mark, and he has no objection to this request. Mr. Reyes has also given his consent to having this material made available. Accordingly, it is respectfully requested that I be allowed to share the discovery material with Dr. Bardey and with Sarah Ariles, M.A., of his office, who is assisting with the evaluation. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 2/28/2017)(bw) (Entered: 02/28/2017)
2/27/2017JUDGMENT as to Christopher Napoleonis (15), Count(s) 1, Imprisonment: Sixty (60) Months. Supervised Release: Three (3) Years. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. It is also recommended that the defendant be evaluated for eligibility and placement in an RDAP program. The drug testing condition is suspended due to the condition of ongoing drug treatment which will include drug testing. The defendant must participate in a program approved by the probation department for both substance abuse, as well as mental health which may include testing to determine whether the defendant has been using drugs. The offender will be required to contribute to costs of services rendered in an amount to be determined by the probation officer, based on ability to pay or availability of third-party payment. If the defendant's income falls below the poverty line, he shall not be required to contribute. The defendant shall submit his person, residence, place of business, vehicle, computer, or any other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of the release may be found. This search must be conducted at a reasonable time and in a reasonablemanner. Failure to submit to a search may be grounds for revocation. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. The defendant is to provide the Probation Department access to any and all requested financial information. The defendant shall be supervised by the district of residence. The defendant shall pay the special assessment fee of $100 as a lump sum payment due immediately. (Signed by Judge Katherine B. Forrest on 2/24/2017)(ft) (Entered: 02/27/2017)
2/27/2017JUDGMENT as to Rahim Solano (12), Count(s) 1, Imprisonment: Sixty (60) Months. Supervised Release: Three (3) Years; Count(s) 2, Dismissed. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. It is also recommended that the defendant be able to participate in any drug treatment programs which he may qualify for. You must cooperate in the collection of DNA as directed by the probation officer. The defendant must participate in a program approved by the probation department for substance abuse, which may include testing to determine whether the defendant has been using drugs. The offender will be required to contribute to costs of services rendered in an amount to be determined by the probation officer, based on ability to pay or availability of third-party payment. The defendant shall submit his person, residence, place of business, vehicle, computer, or any other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of the release may be found. This search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be grounds for revocation. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. The defendant is to provide the Probation Department access to any and all requested financial information. The defendant shall be supervised by the district of residence. The defendant shall pay the special assessment fee of $100 as a lump sum payment due immediately. (Signed by Judge Katherine B. Forrest on 2/24/2017)(ft) (Entered: 02/27/2017)
2/27/2017DISMISSAL OF COUNTS on Government Motion as to Rahim Solano (12) Count 2. (ft) (Entered: 02/27/2017)
2/27/2017Set/Reset Deadlines/Hearings as to Gabriel Ocascio: Sentencing set for 5/26/2017 at 01:00 PM before Judge Katherine B. Forrest. (ft) (Entered: 02/27/2017)
2/27/2017MEMO ENDORSEMENT granting 300 LETTER MOTION as to Gabriel Ocascio (11). ENDORSEMENT: Ordered: Under these circumstances, the sentencing is adjourned to 5/26/2017 at 1pm. (Signed by Judge Katherine B. Forrest on 2/27/2017) (ft) (Entered: 02/27/2017)
2/24/2017 LETTER MOTION addressed to Judge Katherine B. Forrest from Jill R. Shellow dated 02/24/2017 re: Request to adjourn sentencing date . Document filed by Gabriel Ocascio. (Shellow, Jill) (Entered: 02/24/2017)
2/24/2017SENTENCING SUBMISSION by USA as to Saquran Curtis. (Mark, Eli) (Entered: 02/24/2017)
2/24/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 2/24/2017 for Rahim Solano (12) Count 1. (jp) (Entered: 02/24/2017)
2/24/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 2/24/2017 for Christopher Napoleonis (15) Count 1. (jp) (Entered: 02/24/2017)
2/24/2017SENTENCING SUBMISSION by Robert Wilson. (Attachments: # 1 Exhibit A Letter from Michelle Wilson, # 2 Exhibit B email from Tamani Huggins, # 3 Exhibit C Letter from Jose Rodriguez, # 4 Exhibit D Inmate Education Data, # 5 Exhibit E Letter from Antonio Hendrickson)(Bach, Jonathan) (Entered: 02/24/2017)
2/24/2017ORDER as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz: In connection with the sentencing of the defendants, scheduled for February 24, 2017, as well as all future sentences, the Court requires additional information pertaining to the following: 1. The Court would like to understand the facts that the Government has regarding the defendants drug dealing. In particular, the earliest he is known to have dealt drugs as part of the conspiracy and the amounts (was he a 100 gram seller, a 10 gram seller, daily, weekly, etc.) included in this would be the dates and amounts of controlled buys. 2. Counsel should be prepared to discuss which prior convictions/drug sales are properly considered relevant conduct. Most of the defendants that have pled guilty have pled guilty have pled to a crack conspiracy only. If this is considered to capture a general narcotics conspiracy, then other drugs that were sold should be included in drug quantity calculations. The Court needs to understand the facts regarding other drugs sold. If those drugs are not included, then they should count as prior convictions for calculating the criminal history category (this issue is of particular relevance with respect to the defendants who have allocuted to a narrow time-period and limited their conspiratorial agreement to one narcotic). (Signed by Judge Katherine B. Forrest on 2/24/2017)(jp) (Entered: 02/24/2017)
2/23/2017Set/Reset Deadlines/Hearings as to Christopher Napoleonis: Sentencing set for 2/24/2017 at 12:30 PM before Judge Katherine B. Forrest. (ft) (Entered: 02/23/2017)
2/23/2017MEMO ENDORSEMENT granting 295 LETTER MOTION as to Christopher Napoleonis (15). ENDORSEMENT: Ordered: This is fine. (Signed by Judge Katherine B. Forrest on 2/23/2017) (ft) (Entered: 02/23/2017)
2/21/2017 LETTER MOTION addressed to Judge Katherine B. Forrest from Richard B. Lind, Esq. dated February 21, 2017 re: Brief Adjournment of Defendant Napoleonis's Sentencing Hearing . Document filed by Christopher Napoleonis. (Lind, Richard) (Entered: 02/21/2017)
2/17/2017SENTENCING SUBMISSION by USA as to Christopher Napoleonis. (Mark, Eli) (Entered: 02/17/2017)
2/15/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Saez. Notice is hereby given that an official transcript of a Plea proceeding held on 1/17/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/15/2017)
2/15/2017TRANSCRIPT of Proceedings as to Jonathan Saez re: Plea held on 1/17/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, 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. Redaction Request due 3/8/2017. Redacted Transcript Deadline set for 3/20/2017. Release of Transcript Restriction set for 5/16/2017. (McGuirk, Kelly) (Entered: 02/15/2017)
2/15/2017Order of Referral to Probation for Presentence Investigation and Report as to Luis Cruz. (jp) (Entered: 02/15/2017)
2/15/2017Set/Reset Hearings as to Luis Cruz: Sentencing set for 6/2/2017 at 11:00 AM before Judge Katherine B. Forrest. (jp) (Entered: 02/15/2017)
2/15/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Luis Cruz held on 2/15/2017., Plea entered by Luis Cruz (9) Guilty of Lesser Offense as to Count 1. Defendant present with attorney Karloff Commissiong. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offense contained in Count 1. Court accepts plea. Sentencing set for 6/2/2017, at 11:00 am. Sentencing submissions from defendant are due not later than 5/19/2017. Government submissions due 5/26/2017. Remand continued. PSR Ordered. (jp) (Entered: 02/15/2017)
2/15/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Eladio Padilla. Notice is hereby given that an official transcript of a Plea proceeding held on 1/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/15/2017)
2/15/2017TRANSCRIPT of Proceedings as to Eladio Padilla re: Plea held on 1/13/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300, 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. Redaction Request due 3/8/2017. Redacted Transcript Deadline set for 3/20/2017. Release of Transcript Restriction set for 5/16/2017. (McGuirk, Kelly) (Entered: 02/15/2017)
2/14/2017 LETTER by Rahim Solano addressed to Judge Katherine B. Forrest from Mitchell Dinnerstein dated 2/14/2017 re: Reasons for Not Filing Sentencing Memorandum on ECF (Dinnerstein, Mitchell) (Entered: 02/14/2017)
2/10/2017SENTENCING SUBMISSION by Christopher Napoleonis. (Lind, Richard) (Entered: 02/10/2017)
2/6/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Smith. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/5/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/06/2017)
2/6/2017TRANSCRIPT of Proceedings as to Joseph Smith re: Sentence held on 1/5/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300, 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. Redaction Request due 2/27/2017. Redacted Transcript Deadline set for 3/9/2017. Release of Transcript Restriction set for 5/8/2017. (McGuirk, Kelly) (Entered: 02/06/2017)
1/31/2017NOTICE OF ATTORNEY APPEARANCE: Abraham Jabir Abegaz-Hassen appearing for Demetrius Flowers. Appearance Type: CJA Appointment. (Abegaz-Hassen, Abraham) (Entered: 01/31/2017)
1/30/2017EX PARTE ORDER PERMITTING AN EXAMINATION TO BE CONDUCTED AT THE MCC - NEW YORK as to Francisco Reyes. it is hereby ORDERED that the Warden of the Metropolitan Correctional Center, New York, New York, or whosoever shall have the supervision and control of Mr. Reyes at any facility where he is being held, shall provide a suitable place for the examination to be conducted, such place to consist of a private room without distractions or noise, containing a small table and chairs; and it is further ORDERED that, Dr. Alexander Sasha Bardey, clinical and forensic psychiatrist, and his assistants Sarah Alires, MA and Amber Lin be permitted to enter said institution for the purpose of conducting a psychiatric examination, on Thursday, February 2, 2017, and on as many further occasions thereafter as they may require to complete their exam; and it is farther ORDERED that Dr. Bardey, and his assistants, may have access to Mr. Reyes without Mr. Handelman, his attorney being present; in addition, it is further ORDERED that this Order shall remain in effect until further notice from this Court. (Signed by Judge Katherine B. Forrest on 1/24/17)(jw) (Entered: 01/30/2017)
1/30/2017ENDORSED LETTER as to Rahim Solano addressed to Judge Katherine B. Forrest from Mitchell Dinnerstein dated 1/26/2017 re: Requesting a short adjournment to the filing of the defense sentencing memorandum to February 15, 2017...ENDORSEMENT: Extension for submissions GRANTED to 2/15/17. Sentencing date remains unchanged. (Signed by Judge Katherine B. Forrest on 1/30/2017)(jw) (Entered: 01/30/2017)
1/27/2017 LETTER by Rahim Solano addressed to Judge Katherine B. Forrest from Mitchell Dinnerstein dated January 26, 2017 re: Amending previous letter requesting filing of a sentencing memorandum to February 15, 2017 (Dinnerstein, Mitchell) (Entered: 01/27/2017)
1/27/2017 LETTER by Rahim Solano addressed to Judge Katherine B. Forrest from Mitchell Dinnerstein dated January 26, 2017 re: Requesting a delay from February 10, 2017 to February 15, 2017 to file defense sentencing memorandum (Dinnerstein, Mitchell) (Entered: 01/27/2017)
1/25/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Frank O'Byrant. Notice is hereby given that an official transcript of a Plea proceeding held on 12/14/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/25/2017)
1/25/2017TRANSCRIPT of Proceedings as to Frank O'Byrant re: Plea held on 12/14/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, 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. Redaction Request due 2/15/2017. Redacted Transcript Deadline set for 2/27/2017. Release of Transcript Restriction set for 4/25/2017. (McGuirk, Kelly) (Entered: 01/25/2017)
1/25/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian McBeth. Notice is hereby given that an official transcript of a Plea proceeding held on 12/7/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/25/2017)
1/25/2017TRANSCRIPT of Proceedings as to Brian McBeth re: Plea held on 12/7/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, 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. Redaction Request due 2/15/2017. Redacted Transcript Deadline set for 2/27/2017. Release of Transcript Restriction set for 4/25/2017. (McGuirk, Kelly) (Entered: 01/25/2017)
1/24/2017ORDER as to Demetrius Flowers placing this matter under seal/delayed docketing. (Signed by Judge Katherine B. Forrest on 1/24/17)(jm) (Entered: 02/20/2019)
1/24/2017Order of Referral to Probation for Presentence Investigation and Report as to Demetrius Flowers. (jm) (Entered: 02/20/2019)
1/24/2017Minute Entry for proceedings held before Judge Katherine B. Forrest: Defendant is present with attorney Susan Tipograph; AUSA Eli Mark is also present. Waiver of Indictment signed. Arraignment as to Demetrius Flowers (1) Count 1s-2s,3s,4s-5s held on 1/24/2017. Plea entered by Demetrius Flowers (1) Guilty as to Count 1s-2s,3s,4s-5s. The Court accepts the plea. Sentencing is set for 8/11/17 at 10:00 AM. Sentencing submissions from defendant are due 7/28/17 and Government submissions are due 8/4/17. Remand continued. PSR ordered. (Court Reporter PRESENT) (jm) (Entered: 02/20/2019)
1/24/2017WAIVER OF INDICTMENT by Demetrius Flowers. (jm) (Entered: 02/20/2019)
1/24/2017(S5) SUPERSEDING INFORMATION (Felony) filed as to Demetrius Flowers (1) count(s) 1s-2s, 3s, 4s-5s. (jm) (Entered: 02/20/2019)
1/19/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Francisco Reyes. Notice is hereby given that an official transcript of a Conference proceeding held on 12/7/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/19/2017)
1/19/2017TRANSCRIPT of Proceedings as to Francisco Reyes re: Conference held on 12/7/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, 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. Redaction Request due 2/9/2017. Redacted Transcript Deadline set for 2/21/2017. Release of Transcript Restriction set for 4/19/2017. (McGuirk, Kelly) (Entered: 01/19/2017)
1/17/2017Order of Referral to Probation for Presentence Investigation and Report as to Jonathan Saez. (jp) (Entered: 01/17/2017)
1/17/2017Set/Reset Hearings as to Jonathan Saez: Sentencing set for 5/5/2017 at 10:00 AM before Judge Katherine B. Forrest. (jp) (Entered: 01/17/2017)
1/17/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Jonathan Saez held on 1/17/2017., Plea entered by Jonathan Saez (6) Guilty of Lesser Offense as to Count 1,2. Defendant present with attorneys Mark Stein and Kristina Green. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offenses contained in counts one and two. Court accepts plea. sentencing set for 5/5/2017, at 10:00 a.m. Sentencing submissions from the defendant are due 4/21/2017. Government submissions due 4/28/2017. Remand continued. PSR Ordered. (jp) (Entered: 01/17/2017)
1/13/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Francisco Reyes. Notice is hereby given that an official transcript of a Plea proceeding held on 12/13/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/13/2017)
1/13/2017Order of Referral to Probation for Presentence Investigation and Report as to Eladio Padilla. (jp) (Entered: 01/13/2017)
1/13/2017Set/Reset Hearings as to Eladio Padilla: Sentencing set for 4/28/2017 at 11:00 AM before Judge Katherine B. Forrest. (jp) (Entered: 01/13/2017)
1/13/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Eladio Padilla held on 1/13/2017., Plea entered by Eladio Padilla (4) Guilty of Lesser Offense as to Count 1,2.Defendant present with attorney Kafahni Nkrumah. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offenses contained in Counts 1 & 2. Court accepts plea. Sentencing set for 4/28/2017, at 11:00 a.m. Sentencing submissions from the defendant are due 4/14/2017. Government submissions due 4/21/2017. PSR Ordered. Remand continued. (jp) (Entered: 01/13/2017)
1/13/2017TRANSCRIPT of Proceedings as to Francisco Reyes re: Plea held on 12/13/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, 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. Redaction Request due 2/3/2017. Redacted Transcript Deadline set for 2/13/2017. Release of Transcript Restriction set for 4/13/2017. (McGuirk, Kelly) (Entered: 01/13/2017)
1/9/2017NOTICE OF ATTORNEY APPEARANCE Jessica Rose Lonergan appearing for USA. (Lonergan, Jessica) (Entered: 01/09/2017)
1/6/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Smith. Notice is hereby given that an official transcript of a Conference proceeding held on 12/29/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/06/2017)
1/6/2017TRANSCRIPT of Proceedings as to Joseph Smith re: Conference held on 12/29/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300, 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. Redaction Request due 1/27/2017. Redacted Transcript Deadline set for 2/6/2017. Release of Transcript Restriction set for 4/6/2017. (McGuirk, Kelly) (Entered: 01/06/2017)
1/5/2017Order of Referral to Probation for Presentence Investigation and Report as to Joseph Smith. (jp) (Entered: 01/05/2017)
1/5/2017Set/Reset Hearings as to Joseph Smith: Sentencing set for 5/5/2017 at 02:00 PM in Courtroom 23B, 500 Pearl Street, New York, NY 10007 before Judge Katherine B. Forrest. (jp) (Entered: 01/05/2017)
1/5/2017Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Joseph Smith held on 1/5/2017., Plea entered by Joseph Smith (2) Guilty of Lesser Offense as to Count 1,2. Defendant present with attorney Donald Yanella. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offenses contained in Counts one (1) and Two (2). Court accepts plea. Sentencing set for 5/5/2017, at 2:00 p.m. Sentencing submissions from the defendant are due not later than 4/21/2017. Government submissions due 4/28/2017. Remand continued. PSR Ordered. (jp) Modified on (Entered: 01/05/2017)
1/4/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ralphie DeJesus. Notice is hereby given that an official transcript of a Plea proceeding held on 12/8/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/04/2017)
1/4/2017TRANSCRIPT of Proceedings as to Ralphie DeJesus re: Plea held on 12/8/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Ellen Simone, (212) 805-0300, 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. Redaction Request due 1/25/2017. Redacted Transcript Deadline set for 2/6/2017. Release of Transcript Restriction set for 4/4/2017. (McGuirk, Kelly) (Entered: 01/04/2017)
1/4/2017ENDORSED LETTER as to Jorge Diaz addressed to Judge Katherine B. Forrest from Jorge Diaz dated 12/28/2016 re: Re: To make contact with legal counsel pursuant to the Sixth Amendment of the US Constitution....ENDORSEMENT: Mr. Goldsmith shall report to the court or any visits and/or duty of communication with his client between Nov. 2016 and today. Such information shall be provided by a letter filed on ECF within one week. (Signed by Judge Katherine B. Forrest on 1/4/2017)(jw) (Entered: 01/04/2017)
12/28/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Robert Wilson. Notice is hereby given that an official transcript of a Plea proceeding held on 11/29/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/28/2016)
12/28/2016TRANSCRIPT of Proceedings as to Robert Wilson re: Plea held on 11/29/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, 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. Redaction Request due 1/18/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/28/2017. (McGuirk, Kelly) (Entered: 12/28/2016)
12/28/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Eladio Padilla, Jonathan Saez, Esteban Curet. Notice is hereby given that an official transcript of a Hearing proceeding held on 11/30/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/28/2016)
12/28/2016TRANSCRIPT of Proceedings as to Eladio Padilla, Jonathan Saez, Esteban Curet re: Hearing held on 11/30/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, 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. Redaction Request due 1/18/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/28/2017. (McGuirk, Kelly) (Entered: 12/28/2016)
12/28/2016MEMO ENDORSEMENT as to Christopher Napoleonis on re: 253 Letter filed by Christopher Napoleonis. ENDORSEMENT: Conference adjourned. SO ORDERED. (Signed by Judge Katherine B. Forrest on 12/28/2016)(ft) (Entered: 12/28/2016)
12/28/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Saquran Curtis. Notice is hereby given that an official transcript of a Plea proceeding held on 11/28/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/28/2016)
12/28/2016TRANSCRIPT of Proceedings as to Saquran Curtis re: Plea held on 11/28/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, 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. Redaction Request due 1/18/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/28/2017. (McGuirk, Kelly) (Entered: 12/28/2016)
12/27/2016 LETTER by Christopher Napoleonis addressed to Judge Katherine B. Forrest from Richard B. Lind, Esq. dated December 27, 2016 re: Withdrawal of Request for Court Conference As To Substitution of Counsel (Lind, Richard) (Entered: 12/27/2016)
12/19/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Jonathan Saez, Francisco Reyes, Robert Wilson Sr., Carlos Collins, Jorge Diaz. Notice is hereby given that an official transcript of a Conference proceeding held on 12/9/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/19/2016)
12/19/2016TRANSCRIPT of Proceedings as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Jonathan Saez, Francisco Reyes, Luis Cruz, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz re: Conference held on 12/9/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, 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. Redaction Request due 1/9/2017. Redacted Transcript Deadline set for 1/19/2017. Release of Transcript Restriction set for 3/20/2017. (McGuirk, Kelly) (Entered: 12/19/2016)
12/19/2016MEMO ENDORSEMENT as to (16-Cr-317-06) Jonathan Saez on re: 249 LETTER by USA as to Jonathan Saez addressed to Judge Katherine B. Forrest from AUSAs Matthew Laroche / Eli J. Mark dated December 18, 2016 re: Jonathan Saez's letter dated December 16, 2016. We write in response to defendant Jonathan Saez's Jetter, dated December 16, 2016, regarding whether Saez should be one of the defendants at the trial scheduled to begin on February 6, 2017. The sole reason offered by Saez as to why he will not be prepared for trial on February 6 is that there are "26,000 pages" of wiretap evidence that the defendant's counsel did not have access to until mid-November-approximately eighty days prior to trial. This argument is without merit. ENDORSEMENT: Mr. Saez shall proceed to trial on February 6. The defendant has time adequately to prepare. The Court notes that in addition to having adequate time, it has ordered the Government to provide early disclosure of its trial exhibit list. Such disclosure shall allow defendant to better understand the government's case. The Court is persuaded that trial of Saez is both fair to the defendant and an efficient use of resources. SO ORDERED. (Signed by Judge Katherine B. Forrest on 12/19/2016)(bw) (Entered: 12/19/2016)
12/18/2016 LETTER by USA as to Jonathan Saez addressed to Judge Katherine B. Forrest from Matthew Laroche dated December 18, 2016 re: Jonathan Saez's letter dated December 16, 2016 Document filed by USA. (Laroche, Matthew) (Entered: 12/18/2016)
12/16/2016 LETTER by Jonathan Saez addressed to Judge Katherine B. Forrest from Mark J. Stein dated December 16, 2016 re: response to the December 14, 2016 letter of the Government (ECF No. 243) (Stein, Mark) (Entered: 12/16/2016)
12/15/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gabriel Ocascio. Notice is hereby given that an official transcript of a Plea proceeding held on 11/14/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/15/2016)
12/15/2016TRANSCRIPT of Proceedings as to Gabriel Ocascio re: Plea held on 11/14/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, 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. Redaction Request due 1/5/2017. Redacted Transcript Deadline set for 1/17/2017. Release of Transcript Restriction set for 3/15/2017. (McGuirk, Kelly) (Entered: 12/15/2016)
12/15/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rahim Solano. Notice is hereby given that an official transcript of a Plea proceeding held on 11/14/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/15/2016)
12/15/2016TRANSCRIPT of Proceedings as to Rahim Solano re: Plea held on 11/14/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, 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. Redaction Request due 1/5/2017. Redacted Transcript Deadline set for 1/17/2017. Release of Transcript Restriction set for 3/15/2017. (McGuirk, Kelly) (Entered: 12/15/2016)
12/14/2016 LETTER by USA as to Jonathan Saez addressed to Judge Katherine B. Forrest from Eli J. Mark dated December 14, 2016 re: Trial Date for Jonathan Saez Document filed by USA. (Mark, Eli) (Entered: 12/14/2016)
12/14/2016Order of Referral to Probation for Presentence Investigation and Report as to Frank O'Byrant. (jp) (Entered: 12/14/2016)
12/14/2016Set/Reset Hearings as to Frank O'Byrant: Sentencing set for 4/13/2017 at 01:00 PM before Judge Katherine B. Forrest. (jp) (Entered: 12/14/2016)
12/14/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Frank O'Byrant held on 12/14/2016., Plea entered by Frank O'Byrant (3) Guilty of Lesser Offense as to Count 1,2. Defendant present with attorney Kelley Sharkey. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offenses contained in Counts 1 & 2. Court accepts plea. Sentencing set for 4/13/2017, at 1:00 p.m. Sentencing submissions from the defendant are due not later than 3/30/2017. Government submissions due 4/6/2017. Remand continued. PSR Ordered. (jp) (Entered: 12/14/2016)
12/13/2016Set/Reset Hearings as to Francisco Reyes: Sentencing set for 4/21/2017 at 10:00 AM before Judge Katherine B. Forrest. (jp) (Entered: 12/13/2016)
12/13/2016Order of Referral to Probation for Presentence Investigation and Report as to Francisco Reyes. (jp) (Entered: 12/13/2016)
12/13/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Francisco Reyes held on 12/13/2016., Plea entered by Francisco Reyes (8) Guilty of Lesser Offense as to Count 1,2. Defendant present with attorney Frank Handelman. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offenses contained in Counts one (1) and two (2). Court accepts plea. Sentencing set for 4/21/2017, at 10:00 a.m. Sentencing submissions from the defendant are due not later than 4/7/2017. Government submissions due 4/14/2017. Remand continued. PSR Ordered. (jp) (Entered: 12/13/2016)
12/13/2016 LETTER by Christopher Napoleonis addressed to Judge Katherine B. Forrest from Richard B. Lind, Esq. dated DECEMBER 13, 2016 re: Request for Conference Before Court (Lind, Richard) (Entered: 12/13/2016)
12/13/2016ENDORSED LETTER as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz addressed to Judge Katherine B. Forrest from Matthew Laroche and Eli J. Mark dated 12/12/2016 re: We write pursuant to the Court's direction at the conference held on December 9, 2016 regarding the availability of discovery at the Metropolitan Correctional Center ("MCC"). As the Court is aware, at the conference, defense counsel informed the Court and the Government that the defendants no longer had access to the discovery at the MCC. As a result, the Court directed the Government to provide eight sets of the discovery to the MCC: four sets on hard drives and four sets on discs..ENDORSEMENT: Any defendant having any ongoing issues shall inform the Court immediately (Signed by Judge Katherine B. Forrest on 12/13/2016)(jw) (Entered: 12/13/2016)
12/13/2016ENDORSED LETTER addressed to Judge Katherine B. Forrest from Adam Johnson dated 12/12/2016 re: I am actively working with Education staff to arrange for greater access to digital discovery for the inmates indicated in the Court's correspondence. Please let me know if the defendants continue to indicate they are not being provided adequate access.....ENDORSEMENT: Post to docket. (Signed by Judge Katherine B. Forrest on 12/13/2016)(jw) (Entered: 12/13/2016)
12/12/2016ORDER as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Jonathan Saez, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz. The Court held a conference in this action on December 9, 2016. As discussed at the conference, this action will proceed in two trials. The first trial will include defendants Demetrius Flowers, Joseph Smith, Frank OBryant, Eladio Padilla, Jonathan Saez,1 and Francisco Reyes. The first trial will be governed by the following dates and deadlines: (Motions due by 1/16/2017, Responses due by 1/23/2017, Pretrial Conference set for 2/1/2017 at 10:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 12/12/2016)(ft) (Entered: 12/12/2016)
12/12/2016 LETTER by USA as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Rahim Solano, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz addressed to Judge Katherine B. Forrest from Matthew Laroche dated December 12, 2016 re: Prison Discovery Document filed by USA. (Laroche, Matthew) (Entered: 12/12/2016)
12/12/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Saez. Notice is hereby given that an official transcript of a Initial Presentment proceeding held on 8/10/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. (ft) (Entered: 12/12/2016)
12/12/2016TRANSCRIPT of Proceedings as to Jonathan Saez re: Initial Presentment held on 8/10/2016 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771, 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. Redaction Request due 1/2/2017. Redacted Transcript Deadline set for 1/12/2017. Release of Transcript Restriction set for 3/12/2017. (ft) (Entered: 12/12/2016)
12/9/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Status Conference as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Jonathan Saez, Francisco Reyes, Luis Cruz, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz held on 12/9/2016. Defendant Flowers present with attorney Susan Tipograph. Defendant Smith present with atty Donald Yanella. Defendant O'Bryant present with atty Kelley Sharkey. Defendant Padilla present with attorney Kafahni Nkrumah. Defendant Saez present with attorney Mark Stein. Defendant Reyes present with attorney Frank Handleman. Defendant Cruz present with atty Karloff Commissiong. Defendant Wilson, Sr. present with attorney Lawrence Dubin. Defendant Curet present with attorney Alexander Willscher. Defendant Collins present with attorney Peter Quijano. Defendant Diaz present with attorney Aaron Goldsmith. AUSA Matthew Laroche present. Court Reporter present. Conference held. Order to follow. Remand continued for all defendants. (jp) (Entered: 12/09/2016)
12/8/2016 LETTER by USA as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Rahim Solano, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz addressed to Judge Katherine B. Forrest from Matthew Laroche dated December 8, 2016 re: Conference and Scheduling Document filed by USA. (Laroche, Matthew) (Entered: 12/08/2016)
12/8/2016ORDER as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Jonathan Saez, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Robert Wilson Sr. As a number of defendants have entered guilty pleas since the initial submissions, the Court inquires whether: 1. Any of the co-defendants statements referenced by Eladio Padilla are no longer at issue (as the Government will not seek to introduce them at trial), and 2. Whether there are any additional updates on any of the issues raised in the motions? SO ORDERED. (Signed by Judge Katherine B. Forrest on 12/8/2016)(ft) (Entered: 12/08/2016)
12/8/2016Order of Referral to Probation for Presentence Investigation and Report as to Ralphie DeJesus. (jp) (Entered: 12/08/2016)
12/8/2016Set/Reset Hearings as to Ralphie DeJesus: Sentencing set for 3/10/2017 at 11:00 AM before Judge Katherine B. Forrest. (jp) (Entered: 12/08/2016)
12/8/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Ralphie DeJesus held on 12/8/2016., Plea entered by Ralphie DeJesus (10) Guilty of Lesser Offense as to Count 1. Defendant present with attorney Daniel Hochheiser. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offense contained in Count 1. Court accepts plea. Sentencing set for 3/10/2017, at 11:00 a.m. Sentencing submissions from the defendant are due 2/24/2017. Government submissions due 3/3/2017. Remand continued. PSR Ordered. (jp) (Entered: 12/08/2016)
12/8/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carlos Collins, Jorge Diaz. Notice is hereby given that an official transcript of a Arraignment proceeding held on 11/7/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/08/2016)
12/8/2016TRANSCRIPT of Proceedings as to Carlos Collins, Jorge Diaz re: Arraignment held on 11/7/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, 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. Redaction Request due 12/29/2016. Redacted Transcript Deadline set for 1/8/2017. Release of Transcript Restriction set for 3/8/2017. (McGuirk, Kelly) (Entered: 12/08/2016)
12/8/2016NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Robert Wilson Sr. : Notice to Attorney Matthew Joseph Laroche to RE-FILE Document 231 Memorandum in Opposition to Motion. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 12/08/2016)
12/7/2016 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM in Opposition by USA as to Robert Wilson Sr. re 223 MOTION to Sever Defendant Robert Wilson, Sr... (Laroche, Matthew) Modified on 12/8/2016 (ka). (Entered: 12/07/2016)
12/7/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Smith. Notice is hereby given that an official transcript of a Plea proceeding held on 11/28/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/07/2016)
12/7/2016TRANSCRIPT of Proceedings as to Joseph Smith re: Plea held on 11/28/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, 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. Redaction Request due 12/28/2016. Redacted Transcript Deadline set for 1/7/2017. Release of Transcript Restriction set for 3/7/2017. (McGuirk, Kelly) (Entered: 12/07/2016)
12/7/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Napoleonis. Notice is hereby given that an official transcript of a Plea proceeding held on 11/7/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/07/2016)
12/7/2016TRANSCRIPT of Proceedings as to Christopher Napoleonis re: Plea held on 11/7/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, 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. Redaction Request due 12/28/2016. Redacted Transcript Deadline set for 1/7/2017. Release of Transcript Restriction set for 3/7/2017. (McGuirk, Kelly) (Entered: 12/07/2016)
12/7/2016NOTICE of Change of Address as to Francisco Reyes. New Address: Frank Handelman, 99 Park Avenue, 26th floor, New York, New York, United States 10016, 212-277-5882. (Handelman, Frank) (Entered: 12/07/2016)
12/7/2016Order of Referral to Probation for Presentence Investigation and Report as to Brian McBeth. (jp) (Entered: 12/07/2016)
12/7/2016Set/Reset Hearings as to Brian McBeth: Sentencing set for 4/7/2017 at 02:00 PM before Judge Katherine B. Forrest. (jp) (Entered: 12/07/2016)
12/7/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Brian McBeth held on 12/7/2016., Plea entered by Brian McBeth (7) Guilty of Lesser Offense as to Count 1,2. Defendant present with attorney Guy Oskenhendler. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offenses contained in counts 1 and 2. Court accepts plea. Sentencing set for 4/7/2017, at 2:00 p.m. Sentencing submissions from the defendant are due 3/24/2016. Government submissions due 3/31/2017. Remand continued. PSR Ordered. (jp) (Entered: 12/07/2016)
12/5/2016NOTICE OF ATTORNEY APPEARANCE: Nicole Friedlander appearing for Esteban Curet. Appearance Type: CJA Appointment. (Friedlander, Nicole) (Entered: 12/05/2016)
12/1/2016MEMORANDUM in Support by Robert Wilson Sr. re 223 MOTION to Sever Defendant Robert Wilson, Sr... (Dubin, Lawrence) (Entered: 12/01/2016)
12/1/2016 MOTION to Sever Defendant Robert Wilson, Sr.. Document filed by Robert Wilson Sr.. (Dubin, Lawrence) (Entered: 12/01/2016)
12/1/2016***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Robert Wilson Sr. : Notice to Attorney Lawrence A. Dubin to RE-FILE Document 222 MOTION to Sever Defendant. ERROR(S): Filing Error of Supporting Memorandum. Supporting documents must be filed individually. Event code located under Replies, Opposition and Supporting Documents.***NOTE: Separate docket entry for each. (ka) (Entered: 12/01/2016)
11/30/2016 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Sever Defendant . Document filed by Robert Wilson Sr.. (Dubin, Lawrence) Modified on 12/1/2016 (ka). (Entered: 11/30/2016)
11/30/2016Attorney update in case as to Esteban Curet (18). Attorney Alexander John Willscher, Andrew Heller Ward for Esteban Curet added. Attorney David Keith Bertan terminated. (bw) (Entered: 11/30/2016)
11/30/2016ORDER as to Eladio Padilla (4), Jonathan Saez (6), Esteban Curet (18). At a proceeding with the Court on 11/30/2016: 1. Defendant Curet made an application for the substitution of counsel. The Court granted that request as stated on the record. Pursuant to the Criminal Justice Act, Alexander Willscher, along with associate counsel Andrew Ward and Nicole Friedlander have been appointed to represent defendant Curet. David Bertan and Christine Rodriguez have been relieved as counsel of record. 2. The Court held a separate Curcio Hearing as it pertained to defendants Saez and Padilla. At the conclusion of the hearing, the defendants stated that they fully understood the issues at hand and waived any conflicts of interest. SO ORDERED: (Signed by Judge Katherine B. Forrest on 11/30/2016)(bw) (Entered: 11/30/2016)
11/30/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Curcio/Substitution of Counsel Hearing as to Eladio Padilla, Jonathan Saez, Esteban Curet held on 11/30/2016. Defendant Padilla present with attorney Kafahni Nkrumah. Defendant Saez present with attorney Kristina Green. Defendant Curet present with attorneys David Bertan and Christine Rodriguez. CJA counsel Samidh Guha, Joanna Hendon, Alexander Willscher, adn Andrew Ward present. AUSA Matthew Laroche present. Court Reporter present. Hearing held. Order to follow. Detention continued for all defendants. (jp) (Entered: 11/30/2016)
11/29/2016Set/Reset Hearings as to Robert Wilson: Sentencing set for 3/10/2017 at 10:00 AM before Judge Katherine B. Forrest. (jp) (Entered: 11/30/2016)
11/29/2016Order of Referral to Probation for Presentence Investigation and Report as to Robert Wilson. (jp) (Entered: 11/30/2016)
11/29/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Robert Wilson held on 11/29/2016., Plea entered by Robert Wilson (16) Guilty of Lesser Offense as to Count 1. Defendant present with attorneys Jonathan Bach, Zachary Shemtob, and Rebecca Walsh. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offense contained in Count 1. Court accepts plea. Sentencing set for 3/10/2017, at 10:00 a.m. Sentencing submissions from the defendant are due 2/24/2017. Government submissions due 3/3/2017. PSR Ordered. Remand continued. (jp) (Entered: 11/30/2016)
11/29/2016NOTICE OF ATTORNEY APPEARANCE: Mark J. Stein appearing for Jonathan Saez. Appearance Type: CJA Appointment. (Stein, Mark) (Entered: 11/29/2016)
11/29/2016Attorney update in case as to (S1-16-Cr-317-17) Robert Wilson Sr. Attorney Richard E. Signorelli terminated. (bw) (Entered: 11/29/2016)
11/29/2016MEMO ENDORSEMENT granting 215 SUPPLEMENTAL LETTER MOTION filed by Robert Wilson Sr. (17), addressed to Judge Katherine B. Forrest from Attorney Richard E. Signorelli dated November 22, 2016 re: change of counsel completion. After the Court's appointment of Lawrence Dubin last month as trial and lead counsel for Mr. Robert Wilson, Sr., I agreed to stay on to assist with the transition of the case to Mr. Dubin. Since I believe my responsibilities in this regard to now be completed, I respectfully request that I be permitted to formally withdraw as counsel of record for Mr. Wilson, Sr. for the reasons previously discussed at the conference. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 11/28/2016) (bw) (Entered: 11/29/2016)
11/29/2016MEMO ENDORSEMENT granting 214 LETTER MOTION filed by Demetrius Flowers (1), addressed to Judge Katherine B. Forrest from Attorney Susan V. Tipograph dated 11/22/2016 re: Appointment of Abraham Hassen as Associate Counsel. I respectfully request that the Court appoint Abraham Hassen as an Associate Counsel, nunc pro tunc to September 1, 2016. I am requesting, therefore, that the Court appoint Abraham Hassen, nunc pro tunc to September 1, 2016, for up to 150 hours at a rate of $85.00 per hour. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 11/28/2016) (bw) (Entered: 11/29/2016)
11/28/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Robert Wilson Sr.. Notice is hereby given that an official transcript of a Conference proceeding held on 10/25/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/28/2016)
11/28/2016TRANSCRIPT of Proceedings as to Robert Wilson Sr. re: Conference held on 10/25/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300, 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. Redaction Request due 12/22/2016. Redacted Transcript Deadline set for 1/1/2017. Release of Transcript Restriction set for 3/1/2017. (McGuirk, Kelly) (Entered: 11/28/2016)
11/28/2016Set/Reset Hearings as to Saquran Curtis: Sentencing set for 3/3/2017 at 11:00 AM before Judge Katherine B. Forrest. (jp) (Entered: 11/28/2016)
11/28/2016Order of Referral to Probation for Presentence Investigation and Report as to Saquran Curtis. (jp) (Entered: 11/28/2016)
11/28/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Saquran Curtis held on 11/28/2016., Plea entered by Saquran Curtis (14) Guilty of Lesser Offense as to Count 1. Defendant present with attorney Marlon Kirton. AUSA Matthew Laroche present. Court Reporter present. Defendant withdraws his original plea of not guilty and enters a plea of guilty to the lesser included offense contained in Count One (1). Court accepts plea. Sentencing set for 3/3/2017, at 11:00 a.m. Sentencing submissions from defendant are due 2/17/2017. Government submissions due 2/24/2016. Remand continued. PSR Ordered. (jp) (Entered: 11/28/2016)
11/22/2016SUPPLEMENTAL LETTER MOTION addressed to Judge Katherine B. Forrest from Richard E. Signorelli dated november 22, 2016 re: change of counsel completion . Document filed by Robert Wilson Sr.. (Signorelli, Richard) (Entered: 11/22/2016)
11/22/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Susan V. Tipograph dated 11/22/2016 re: Appointment of Abraham Hassen as Associate Counsel . Document filed by Demetrius Flowers. (Tipograph, Susan) (Entered: 11/22/2016)
11/18/2016MEMO ENDORSEMENT as to (16-Cr-317-15) Christopher Napoleonis on re: 212 LETTER MOTION addressed to Judge Katherine B. Forrest from Richard B. Lind, Esq. dated November 18, 2016 re: Enjoin Movement of Defendant Napoleonis to MDC. ENDORSEMENT: The Court understands from a subsequent communication from Mr. Lind that this issue has been resolved. (Signed by Judge Katherine B. Forrest on 11/18/2016)(bw) (Entered: 11/18/2016)
11/18/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Richard B. Lind, Esq. dated November 18, 2016 re: Enjoin Movement of Defendant Napoleonis to MDC . Document filed by Christopher Napoleonis. (Lind, Richard) (Entered: 11/18/2016)
11/16/2016ORDER as to Eladio Padilla, Jonathan Saez, Esteban Curet. The Court shall hold a Curcio hearing on Wednesday, November 30, 2016, at 10:00 a.m., to discuss the issues noted above. In addition, it is ORDERED that pursuant to the Criminal Justice Act, Samidh Gupta, Joanna Hendon, and Alexander Willscher are appointed as limited independent CJA counsel to meet with the defendants and discuss with them the concept of a conflict of interest and the potential conflicts in this case. SO ORDERED. (Curcio Hearing set for 11/30/2016 at 10:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 11/16/2016)(ft) (Entered: 11/16/2016)
11/16/2016ENDORSED LETTER as to (16-Cr-317-10) Ralphie DeJesus addressed to Judge Katherine B. Forrest from Attorney Daniel A. Hochheiser dated November 15, 2016 re: Request Permission To File Interim Vouchers. ENDORSEMENT: So Ordered. (Signed by Judge Katherine B. Forrest on 11/16/2016)(bw) (Entered: 11/16/2016)
11/15/2016Order of Referral to Probation for Presentence Investigation and Report as to Rahim Solano. (jp) (Entered: 11/15/2016)
11/15/2016Order of Referral to Probation for Presentence Investigation and Report as to Quinzell Frazier. (jp) (Entered: 11/15/2016)
11/15/2016Set/Reset Hearings as to Quinzell Frazier: Sentencing set for 3/17/2017 at 01:00 PM before Judge Katherine B. Forrest. (jp) (Entered: 11/15/2016)
11/15/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Quinzell Frazier held on 11/15/2016., Plea entered by Quinzell Frazier (5) Guilty of Lesser Offense as to Count 1. Defendant present with attorney Winston Lee. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offense contained in Count 1. Court accepts plea. Sentencing set for 3/17/2017, at 1:00 p.m. Sentencing submissions from defendant are due 3/3/2017. Government submissions due 3/10/2017. PSR Ordered. Remand continued. (jp) (Entered: 11/15/2016)
11/15/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Daniel A. Hochheiser dated November 15, 2016 re: Permission to file interim vouchers . Document filed by Ralphie DeJesus. (Hochheiser, Daniel) (Entered: 11/15/2016)
11/15/2016MEMO ENDORSEMENT 206 LETTER MOTION Request for permission to submit interim vouchers as to Luis Cruz...ENDORSEMENT...SO ORDERED. Fine. (Signed by Judge Katherine B. Forrest on 11/14/2016) (jw) (Entered: 11/15/2016)
11/14/2016Set/Reset Hearings as to Rahim Solano: Sentencing set for 2/24/2017 at 02:00 PM before Judge Katherine B. Forrest. (jp) (Entered: 11/15/2016)
11/14/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Quinzell Frazier held on 11/14/2016., Plea entered by Quinzell Frazier (5) Guilty of Lesser Offense as to Count 1. Defendant present with attorney Mitchell Dinnerstein. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of Not Guilty and enters a plea of Guilty to the lesser included offense contained in Count 1. Court accepts plea. Sentencing set for 2/24/2017, at 2:00 p.m. Sentencing submissions from the defendant are due 2/10/2017. Government submissions due 2/17/2017. PSR Ordered. Remand continued. (jp) (Entered: 11/15/2016)
11/14/2016Order of Referral to Probation for Presentence Investigation and Report as to Gabriel Ocascio. (jp) (Entered: 11/15/2016)
11/14/2016Set/Reset Hearings as to Gabriel Ocascio: Sentencing set for 3/17/2017 at 10:00 AM before Judge Katherine B. Forrest. (jp) (Entered: 11/15/2016)
11/14/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Gabriel Ocascio held on 11/14/2016., Plea entered by Gabriel Ocascio (11) Guilty of Lesser Offense as to Count 1. Defendant present with attorney Jill Shellow. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offense contained in Count 1. Court accepts plea. Sentencing set for 3/17/2017, at 10:00 a.m. Sentencing submissions from defendant are due 3/3/2017. Government submissions due 3/10/2017. PSR Ordered. Remand continued. (jp) (Entered: 11/15/2016)
11/14/2016Set/Reset Deadlines/Hearings as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz: Status Conference set for 12/9/2016 at 10:00 AM before Judge Katherine B. Forrest. (ft) (Entered: 11/14/2016)
11/14/2016MEMO ENDORSEMENT granting 205 LETTER MOTION Adjournment of Conference as to Demetrius Flowers (1), Joseph Smith (2), Frank O'Byrant (3), Eladio Padilla (4), Quinzell Frazier (5), Jonathan Saez (6), Brian McBeth (7), Francisco Reyes (8), Luis Cruz (9), Ralphie DeJesus (10), Gabriel Ocascio (11), Rahim Solano (12), Michael Mestre (13), Saquran Curtis (14), Christopher Napoleonis (15), Robert Wilson (16), Robert Wilson Sr. (17), Esteban Curet (18), Carlos Collins (19), Jorge Diaz (20). ENDORSEMENT: Ordered: Conference adjourned to 12/9/16 at 10am. Time is excluded to 12/9/16 in the interests of justice to allow for continued disposition submissions. (Signed by Judge Katherine B. Forrest on 11/14/2016) (ft) (Entered: 11/14/2016)
11/14/2016FIRST LETTER MOTION addressed to Judge Katherine B. Forrest from Karloff C. Commissiong dated November 14, 2016 re: Request to submit interim vouchers . Document filed by Luis Cruz as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz. (Commissiong, Karloff) (Entered: 11/14/2016)
11/14/2016NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Frank O'Byrant: Notice to Attorney Eli Jacob Mark to RE-FILE Document 204 Memorandum in Opposition to Motion. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 11/14/2016)
11/13/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Eli J. Mark dated November 13, 2016 re: Adjournment of November 18, 2016 Conference . Document filed by USA as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet, Carlos Collins, Jorge Diaz. (Mark, Eli) (Entered: 11/13/2016)
11/13/2016 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM in Opposition by USA as to Frank O'Byrant re 180 MOTION for Release of Brady Materials and other matters.. (Mark, Eli) Modified on 11/14/2016 (ka). (Entered: 11/13/2016)
11/10/2016ORDER as to Carlos Collins, Jorge Diaz ( Status Conference set for 12/9/2016 at 11:00 AM before Judge Katherine B. Forrest.) Time excluded from 11/7/16 until 12/9/16. A status conference for the above listed defendants is scheduled for 12/9/2016 at 11:00 a.m. At that time, counsel should be prepared to discuss their views as to the February 6, 2017 trial date. The two above listed defendants shall also inform the Court of any motions they intend to make. (Signed by Judge Katherine B. Forrest on 11/10/2016)(jw) (Entered: 11/10/2016)
11/10/2016MEMO ENDORSEMENT terminating 187 LETTER MOTION I filled an application to have Valerie Gotlib appointed as co-counsel to assist me in the defense of Robert Wilson Sr. Ms. Gotlib had assured me that no conflict existed and she was free to accept the appointment if my application was granted. It appears that a conflict does in fact exist. Therefore I hereby withdraw my application for her appointment and apologize to the Cami for any inconvenience it may have caused...ENDORSEMENT...The Clerk of Court is directed to terminate the motion at ECF No. 182 (Signed by Judge Katherine B. Forrest on 11/10/2016) (jw) (Entered: 11/10/2016)
11/9/2016Set/Reset Hearings as to Christopher Napoleonis: Sentencing set for 2/24/2017 at 12:00 PM before Judge Katherine B. Forrest. (jp) (Entered: 11/09/2016)
11/9/2016Order of Referral to Probation for Presentence Investigation and Report as to Christopher Napoleonis. (jp) (Entered: 11/09/2016)
11/7/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Christopher Napoleonis held on 11/7/2016., Plea entered by Christopher Napoleonis (15) Guilty of Lesser Offense as to Count 1. Defendant present with attorney Richard Lind. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offense contained in Count 1. Court accepts plea. Sentencing set for 2/24/2017, at 12:00. Sentencing submissions from defendant are due 2/10/2017. Government submissions due 2/17/2017. Remand continued. PSR Ordered. (jp) (Entered: 11/09/2016)
11/7/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to Carlos Collins (19) Count 1 and Jorge Diaz (20) Count 1,2Carlos Collins (19) Count 1 and Jorge Diaz (20) Count 1,2 held on 11/7/2016., Plea entered by Carlos Collins (19) Count 1 and Jorge Diaz (20) Count 1,2Carlos Collins (19) Count 1 and Jorge Diaz (20) Count 1,2 Not Guilty. Defendant Collins present with attorney Peter Quijano. Defendant Diaz present with attorney Aaron Goldsmith. AUSA Eli Mark present. Court Reporter present. Defendants arraigned on their respective Indictments, and both defendants enter not guilty pleas. Initial conference also held. Order to follow. Detention continued. (jp) (Entered: 11/07/2016)
11/3/2016ORAL ORDER as to (S4-16-Cr-317-20) Jorge Diaz. Time excluded from 11/3/2016 until 11/17/2016. (By Magistrate Judge Andrew J. Peck on 11/3/2016) (bw) (Entered: 11/04/2016)
11/3/2016Minute Entry on "Disposition Sheet" for proceedings held before Magistrate Judge Andrew J. Peck: Initial Appearance as to (S4-16-Cr-317-20) Jorge Diaz held on 11/3/2016. AUSA Eli Mark. Defense Counsel Aaron Goldsmith (CJA). Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Conference before District Judge on: TBD (11/17/16). Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 11/17/16 on consent. (bw) (Entered: 11/04/2016)
11/3/2016Attorney update in case as to (S4-16-Cr-317-20) Jorge Diaz. Attorney Aaron M. Goldsmith for Jorge Diaz added. (bw) (Entered: 11/04/2016)
11/3/2016200CJA 23 Financial Affidavit by (S4-16-Cr-317-20) Jorge Diaz. APPROVED: (Signed by Magistrate Judge Andrew J. Peck on 11/3/2016); Attorney Aaron Goldsmith. (bw) (Entered: 11/04/2016)
11/3/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian McBeth. Notice is hereby given that an official transcript of a Conference proceeding held on 10/5/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/03/2016)
11/3/2016TRANSCRIPT of Proceedings as to Brian McBeth re: Conference held on 10/5/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, 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. Redaction Request due 11/28/2016. Redacted Transcript Deadline set for 12/8/2016. Release of Transcript Restriction set for 2/4/2017. (McGuirk, Kelly) (Entered: 11/03/2016)
11/3/2016FIRST LETTER MOTION addressed to Judge Katherine B. Forrest from David K. Bertan, Esq. dated November 3, 2016 re: conduct Curcio hearing . Document filed by Esteban Curet. (Bertan, David) (Entered: 11/03/2016)
11/3/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Robert Wilson Sr.. Notice is hereby given that an official transcript of a Conference proceeding held on 9/30/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/03/2016)
11/3/2016TRANSCRIPT of Proceedings as to Robert Wilson Sr. re: Conference held on 9/30/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, 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. Redaction Request due 11/28/2016. Redacted Transcript Deadline set for 12/8/2016. Release of Transcript Restriction set for 2/4/2017. (McGuirk, Kelly) (Entered: 11/03/2016)
11/3/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Lawrence Dubin dated 11/3/2016 re: 182 LETTER MOTION addressed to Judge Katherine B. Forrest from Lawrence A. Dubin, Esq. dated November 1, 2016 re: Ex parte to request authorization for the appointment of Valerie A. Gotlib, to assist in the representation of Robert Wilson, Sr re: Withdraw previous application . Document filed by Robert Wilson Sr.. (Dubin, Lawrence) (Entered: 11/03/2016)
11/3/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Esteban Curet. Notice is hereby given that an official transcript of a Arraignment proceeding held on 10/5/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/03/2016)
11/3/2016TRANSCRIPT of Proceedings as to Esteban Curet re: Arraignment held on 10/5/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, 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. Redaction Request due 11/28/2016. Redacted Transcript Deadline set for 12/8/2016. Release of Transcript Restriction set for 2/4/2017. (McGuirk, Kelly) (Entered: 11/03/2016)
11/3/2016MEMO ENDORSEMENT granting 181 LETTER MOTION filed by Francisco Reyes (8), addressed to Judge Katherine B. Forrest from Attorney Frank Handelman dated November 1, 2016 re: Permission for co-counsel to appear. I am writing concerning the pre-trial conference scheduled for November 18; my client inthis matter is Francisco Reyes. With the Court's permission my co-counsel in the case, Susan Tipograph, will appear for Mr. Reyes. I have met with Mr. Reyes at the MCC, and he consents to having co-counsel appear for him at the conference. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 11/3/2016) (bw) (Entered: 11/03/2016)
11/2/2016199CJA 23 Financial Affidavit by Carlos Collins. (Signed by Judge Magistrate Judge Andrew J. Peck) Attorney Peter Quijano (jw) (Entered: 11/04/2016)
11/2/2016Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck:Initial Appearance on disposition sheet as to Carlos Collins held on 11/2/2016. Deft present with atty Peter Quijano. AUSA Elie Mark present. Detention on consent without prejudice. Next conference set for 11/7/2016 at 1pm. Speedy trial time excluded under 18 USC 3161(h097) until 11/7/2016 on consent (jw) (Entered: 11/04/2016)
11/2/2016S(4) INDICTMENT FILED as to Jorge Diaz (20) count(s) 1, 2. (jm)(Filed under seal on 9/20/16) (Entered: 11/03/2016)
11/2/2016ORDER as to Jorge Diaz unsealing the S(4) superseding indictment. (Signed by Magistrate Judge Andrew J. Peck on 11/2/16)(jm) (Entered: 11/03/2016)
11/2/2016S(2) INDICTMENT FILED as to Carlos Collins (19) count(s) 1. (jm)(Filed under seal on 9/20/16) (Entered: 11/03/2016)
11/2/2016ORDER as to Carlos Collins unsealing the S(2) indictment. (Signed by Magistrate Judge Andrew J. Peck on 11/2/16)(jm) (Entered: 11/03/2016)
11/2/2016 REPLY MEMORANDUM OF LAW in Support as to Robert Wilson re: 124 MOTION for Bill of Particulars . . (Attachments: # 1 Exhibit A)(Bach, Jonathan) (Entered: 11/02/2016)
11/2/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Lawrence A. Dubin, Esq. dated November 1, 2016 re: Ex parte to request authorization for the appointment of Valerie A. Gotlib, to assist in the representation of Robert Wilson, Sr . Document filed by Robert Wilson Sr.. (Attachments: # 1 Text of Proposed Order Order)(Dubin, Lawrence) (Entered: 11/02/2016)
11/1/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Frank Handelman dated November 1, 2016 re: Permission for co-counsel to appear . Document filed by Francisco Reyes as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet. (Handelman, Frank) (Entered: 11/01/2016)
10/31/2016***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Frank O'Byrant: Notice to Attorney Kelley J. Sharkey to RE-FILE Document 180 MOTION for Release of Brady Materials and other matters. ERROR(S): Filing Error of Supporting Documents. Supporting Declaration & Memorandum MUST be filed individually. Event codes located under Replies, Opposition and Supporting Documents. (ka) (Entered: 10/31/2016)
10/28/2016 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Release of Brady Materials and other matters. Document filed by Frank O'Byrant. (Sharkey, Kelley) Modified on 10/31/2016 (ka). (Entered: 10/28/2016)
10/25/2016ORDER as to (16-Cr-317-17) Robert Wilson Sr. Pursuant to the Criminal Justice Act, Lawrence A. Dubin is hereby appointed as lead counsel for Robert Wilson, Sr. Richard E. Signorelli shall remain as co-counsel to the defendant, to assist Mr. Dubin. SO ORDERED. (Signed by Judge Katherine B. Forrest on 10/25/2016)(bw) (Entered: 10/25/2016)
10/25/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Substitution of Counsel Hearing as to Robert Wilson Sr. held on 10/25/2016. Defendant present with attorney Richard Signorelli. CJA counsel Lawrence Dubin present. AUSA Michael Neff present. Court Reporter present. Hearing held. Order to follow. Remand continued. (jp) (Entered: 10/25/2016)
10/19/2016MEMORANDUM in Opposition by USA as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson, Robert Wilson Sr., Esteban Curet re 131 MOTION for Bill of Particulars , Motion to Dismiss Count One, Motion to Sever Count Three, Motion to Join Co-Defendants' Motions and File Such Other Motions as May be Necessary. MOTION to Dismiss ., 142 LETTER MOTION addressed to Judge Katherine B. Forrest from Winston Lee dated September 22, 2016 re: Quinzell Frazier Joining Co-defendants Motions ., 124 MOTION for Bill of Particulars ., 136 MOTION to Sever Defendant and To Sever Counts Two and Three., 158 MOTION to Dismiss., 139 LETTER MOTION addressed to Judge Katherine B. Forrest from Frank Handelman dated September 21, 2016 re: Joining motions .. (Laroche, Matthew) (Entered: 10/19/2016)
10/19/2016Attorney update in case as to (16-Cr-317-17) Robert Wilson Sr. Attorney Lawrence A. Dubin for Robert Wilson Sr. added. (bw) (Entered: 10/19/2016)
10/19/2016ORDER as to (16-Cr-317-17) Robert Wilson Sr. The Court has received a letter (ECF no. 173) from Richard E. Signorelli, counsel for the defendant. The letter requests the assignment of new counsel for Mr. Wilson. It is ORDERED that pursuant to the Criminal Justice Act, Lawrence Dubin, is hereby appointed as additional CJA counsel. The Court shall hold a hearing on Tuesday, October 25, 2016, at 11:00 a.m., to discuss Mr. Signorelli's possible withdrawal. SO ORDERED: (Signed by Judge Katherine B. Forrest on 10/19/2016)(bw) (Entered: 10/19/2016)
10/19/2016176SEALED DOCUMENT placed in vault. (mps) (Entered: 10/19/2016)
10/14/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Saez. Notice is hereby given that an official transcript of a Arraignment proceeding held on 9/1/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/14/2016)
10/14/2016TRANSCRIPT of Proceedings as to Jonathan Saez re: Arraignment held on 9/1/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300, 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. Redaction Request due 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/15/2017. (McGuirk, Kelly) (Entered: 10/14/2016)
10/14/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Richard E. Signorelli dated October 14, 2016 re: Change of Counsel Conference . Document filed by Robert Wilson Sr.. (Signorelli, Richard) (Entered: 10/14/2016)
10/13/2016ORDER as to Christopher Napoleonis. It is ORDERED that temporary CJA counsel William Harrington, is hereby relieved, and Richard Lind remains counsel of record for the defendant. SO ORDERED. (Signed by Judge Katherine B. Forrest on 10/13/2016)(ft) (Entered: 10/13/2016)
10/13/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Substitution of Counsel Hearing as to Christopher Napoleonis held on 10/13/2016. Defendant present with attorney Richard Lind. CJA counsel William Harrington present. AUSA Eli Mark present. Court Reporter present. Hearing held. Order to follow. Detention continued. (jp) (Entered: 10/13/2016)
10/12/2016ENDORSED LETTER as to Christopher Napoleonis addressed to Judge Katherine B. Forrest from Christopher Napoleonis re: Request for new counselor. ENDORSEMENT: Ordered: Post to docket (this letter was discussed at the last conference). (Signed by Judge Katherine B. Forrest on 10/11/2016)(ft) (Entered: 10/12/2016)
10/12/2016ENDORSED LETTER as to Christopher Napoleonis addressed to Judge Katherine B. Forrest from William Harrington dated 10/6/2016 re: Counsel writes to inform the Court that the defendant refused to meet with him.ENDORSEMENT: If Mr. Lind is able to report on whether he anticipates his client intends to withdraw his application, that would help the Court understand the state of this matter. (Signed by Judge Katherine B. Forrest on 10/7/2016)(jp) (Entered: 10/12/2016)
10/7/2016 ORDER as to Esteban Curet. Time excluded from 10/5/2016 until 11/18/2016. Motions due by 12/30/2016. Discovery due by 10/7/2016. Status Conference set for 11/18/2016 at 02:00 PM before Judge Katherine B. Forrest. Jury Trial set for 2/6/2017 at 09:00 AM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 10/7/2016)(ft) (Entered: 10/07/2016)
10/7/2016ORDER as to Esteban Curet. It is hereby ORDERED, that Mr. Bertan is granted leave to delegate substantive tasks in connection with his representation of Mr. Curet in the above-captioned case to Christine Rodriguez, Esq., pursuant to Rule VIII (A) of the Revised Plan for Furnishing Representation Pursuant to the Criminal Justice Act (2005) and the Criminal Justice Act Mentoring Program of the Southern District of New York. As per the Criminal Justice Act Mentoring Program, Ms. Rodriguez may bill her time on the case at a rate of $65 per hour, after completing 15 hours of pro bono work on the case. (Signed by Judge Katherine B. Forrest on 10/5/2016)(ft) (Entered: 10/07/2016)
10/7/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to Esteban Curet (18) Count 1 held on 10/5/2016. Defendant present with attorneys David Bertan and Christine Rodriguez. AUSA Eli Mark present. Court Reporter present. Defendant arraigned on the S3 Superseding Indictment and enters a plea of not guilty. Order to follow. Detention continued. (jp) (Entered: 10/07/2016)
10/6/2016FIRST LETTER MOTION addressed to Judge Katherine B. Forrest from David K. Bertan, Esq. dated October 5, 2016 re: Appoint Protege Christine Rodriguez, Esq. Document filed by Esteban Curet. (Attachments: # 1 proposed order)(Bertan, David) (Entered: 10/06/2016)
10/5/2016Attorney update in case as to Brian McBeth. Attorney Matthew Daniel Myers terminated (jw) (Entered: 10/06/2016)
10/5/2016ORDER as to Brian McBeth. As set forth on the record (see transcript) on October 5, 2016, the defendant withdraws his application for the assignment of new counsel. It is ORDERED that temporary CJA counsel Matthew Myers, is hereby relieved, and Guy Oskenhendler remains counsel of record for the defendant. (Signed by Judge Katherine B. Forrest on 10/5/2016)(jw) (Entered: 10/06/2016)
10/5/2016MEMORANDUM in Support by Saquran Curtis re 158 MOTION to dismiss. (Kirton, Marlon) Modified on 10/6/2016 (ka). (Entered: 10/05/2016)
10/5/2016DECLARATION of Marlon G. Kirton, Esq. in Support as to Saquran Curtis re: 158 MOTION to dismiss. (Kirton, Marlon) (Entered: 10/05/2016)
10/5/2016 MOTION to dismiss. Document filed by Saquran Curtis. (Kirton, Marlon) (Entered: 10/05/2016)
10/5/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Substitution of counsel hearing as to Christopher Napoleonis held on 10/5/2016. Defendant present with attorney Richard Lind. AUSA Eli Mark present. CJA counsel William Harrington present. Court Reporter present. Hearing held. Hearing continued to 10/13/2016, at 11:00 a.m. Detention continued. (jp) (Entered: 10/05/2016)
10/5/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Substitution of counsel hearing as to Brian McBeth held on 10/5/2016. Defendant present with attorney Guy Oskenhendler. AUSA Michael Neff present. CJA counsel Matthew Myers present. Court Reporter present. Hearing held. Order to follow. Detention continued. (jp) (Entered: 10/05/2016)
10/4/2016Attorney update in case as to Esteban Curet. (jw) (Entered: 10/06/2016)
10/4/2016167CJA 23 Financial Affidavit by Esteban Curet. (Signed by Judge Magistrate Judge Ronald L. Ellis) Attorney David K. Bertan (jw) (Entered: 10/06/2016)
10/4/2016Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance on disposition sheet as to Esteban Curet held on 10/4/2016. Deft present with atty David Bertan. AUSA Eli Mark present. Detention on consent without prejudice. Next conference set before District Judge Failla at 11:00am. (jw) (Entered: 10/06/2016)
10/4/2016S(3) INDICTMENT FILED as to Esteban Curet (18) count(s) 1. (jm)(Filed under seal on 9/20/16) (Entered: 10/06/2016)
10/4/2016ORDER as to Esteban Curet unsealing the S(3) indictment. (Signed by Magistrate Judge Ronald L. Ellis on 10/4/16)(jm) (Entered: 10/06/2016)
10/4/2016Attorney update in case as to Brian McBeth. Attorney Matthew Daniel Myers for Brian McBeth added. (jw) (Entered: 10/04/2016)
10/4/2016ORDER as to Brian McBeth ( Status Conference set for 10/5/2016 at 12:00 PM before Judge Katherine B. Forrest) The Court has received the attached letter from Brian McBeth. The letter requests the assignment of new counsel. It is ORDERED that pursuant to the Criminal Justice Act, Matthew Myers, is hereby appointed as temporary CJA counsel to meet with the defendant to discuss the issues involved with replacing his attorney. It is also ORDERED that a conference to address the issue is scheduled for Wednesday, October 5, 2016, at 12:00 p.m. (Signed by Judge Katherine B. Forrest on 10/4/2016)(jw) (Entered: 10/04/2016)
10/4/2016Attorney update in case as to Christopher Napoleonis. Attorney William Joseph Harrington for Christopher Napoleonis added. (jw) (Entered: 10/04/2016)
10/4/2016ORDER as to Christopher Napoleonis ( Status Conference set for 10/5/2016 at 04:00 PM before Judge Katherine B. Forrest) The Court has received the attached letter from Christopher Napoleonis. The letter requests the assignment of new counsel. It is ORDERED that pursuant to the Criminal Justice Act, William Harrington, is hereby appointed as temporary CJA counsel to meet with the defendant to discuss the issues involved with replacing his attorney. It is also ORDERED that a conference to address the issue is scheduled for Wednesday, October 5, 2016, at 4:00 p.m. (Signed by Judge Katherine B. Forrest on 10/4/2016)(jw) (Entered: 10/04/2016)
10/3/2016ORDER as to Robert Wilson Sr. Pursuant to a proceeding with the Court on 9/30/2016, it is hereby ORDERED as follows: The Government shall complete the production of discovery not later than 10/3/2016. The next status conference is scheduled for 11/4/2016 at 10:00 a.m. At that time, counsel should be prepared to discuss any motions which may be brought as well as a briefing schedule. Trial in this matter shall commence on 2/6/2017, at 9:00 a.m. This is a hard trial date. The next status conference with all defendants is scheduled for 11/18/2016, at 2:00 p.m. Upon application of the Government and consented to by defendant, and as set forth on the record, time pursuant to 18 U.S.C. 3161 (h)(7)(A) of the Speedy Trial Act, is hereby excluded from 9/30/2016 to 11/18/2016. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendant in a speedy trial. SO ORDERED. (Discovery due by 10/31/2016, Jury Trial set for 2/6/2017 at 09:00 AM before Judge Katherine B. Forrest, Status Conference set for 11/4/2016 at 10:00 AM before Judge Katherine B. Forrest, Status Conference set for 11/18/2016 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/3/2016)(ft) (Entered: 10/03/2016)
10/3/2016146SEALED DOCUMENT placed in vault. (mps) (Entered: 10/03/2016)
10/3/2016145SEALED DOCUMENT placed in vault. (mps) (Entered: 10/03/2016)
10/3/2016144SEALED DOCUMENT placed in vault. (mps) (Entered: 10/03/2016)
9/30/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to Robert Wilson Sr. (17) Count 1Robert Wilson Sr. (17) Count 1 held on 9/30/2016., Plea entered by Robert Wilson Sr. (17) Count 1Robert Wilson Sr. (17) Count 1 Not Guilty. Defendant present with attorney Richard Signorelli. AUSA Amanda Houle present. Court Reporter present. Defendant arraigned and entersa not guilty plea. Order to follow. Remand continued. (jp) (Entered: 10/03/2016)
9/27/2016152MEDICAL ATTENTION FORM: as to (S1-16-Cr-317-17) Robert Wilson Sr. To the Wardens of the Metropolitan Correctional Center, the Metropolitan Detention Center, or any other detention facility: The above-named defendant has been remanded in lieu of bail at the time of his/her presentment before this Court. At that time, the following information requiring medical attention for the defendant was disclosed: (See this document for details). (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/27/2016) (bw) (Entered: 10/03/2016)
9/27/2016Minute Entry on "Disposition Sheet" for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Initial Appearance as to (S1-16-Cr-317-17) Robert Wilson Sr. held on 9/27/2016. AUSA Eli Mark. Defense Counsel Richard Signorelli. Defendant waives pretrial report. Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. (bw) (Entered: 10/03/2016)
9/27/2016Attorney update in case as to (S1-16-Cr-317-17) Robert Wilson Sr. Attorney Richard E. Signorelli for Robert Wilson Sr. added. (bw) (Entered: 10/03/2016)
9/27/2016150CJA 23 Financial Affidavit by (S1-16-Cr-317-17) Robert Wilson Sr. APPROVED: (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/27/2016); Attorney Richard E. Signorelli. (bw) (Entered: 10/03/2016)
9/27/2016INDICTMENT UNSEALED as to Robert Wilson Sr. (jbo) (Entered: 10/03/2016)
9/27/2016Case Designated ECF as to Robert Wilson Sr. (jbo) (Entered: 10/03/2016)
9/27/2016Order to Unseal (S1) Indictment as to Robert Wilson Sr. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/27/16)(jbo) (Entered: 10/03/2016)
9/27/2016(S1) SEALED INDICTMENT FILED as to Robert Wilson Sr. (17) count(s) 1. (jbo) (Entered: 10/03/2016)
9/27/2016***DELETED DOCUMENT. Deleted document number 149. "MEDICAL ATTENTION FORM, as to Robert Wilson (16)." The document was incorrectly filed in this case. (bw) (Entered: 10/03/2016)
9/27/2016***DELETED DOCUMENT. Deleted document number 148. "Minute Entry on "Disposition Sheet" for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Initial Appearance, as to Robert Wilson (16)." The document was incorrectly filed in this case. (bw) (Entered: 10/03/2016)
9/27/2016***DELETED DOCUMENT. Deleted document number 147. "CJA 23 Financial Affidavit, as to Robert Wilson (16)." The document was incorrectly filed in this case. (bw) (Entered: 10/03/2016)
9/27/2016***DELETED DOCUMENT. Deleted document number 146. "Arrest Warrant Issued, as to Robert Wilson (16)." The document was incorrectly filed in this case. (bw) (Entered: 10/03/2016)
9/27/2016***DELETED DOCUMENT. Deleted document number 145. "Order to Unseal (S1) Indictment, as to Robert Wilson (16)." The document was incorrectly filed in this case. (bw) (Entered: 10/03/2016)
9/27/2016***DELETED DOCUMENT. Deleted document number 144. "(S1) Superseding Indictment FILED, as to Robert Wilson (16)." The document was incorrectly filed in this case. (bw) (Entered: 10/03/2016)
9/23/2016Set/Reset Deadlines/Hearings as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson: Responses (by Government) due by 10/19/2016. Replies (by Defendants) due by 11/2/2016. (bw) (Entered: 09/23/2016)
9/23/2016MEMO ENDORSEMENT as to Demetrius Flowers (1), Joseph Smith (2), Frank O'Byrant (3), Eladio Padilla (4), Quinzell Frazier (5), Jonathan Saez (6), Brian McBeth (7), Francisco Reyes (8), Luis Cruz (9), Ralphie DeJesus (10), Gabriel Ocascio (11), Rahim Solano (12), Michael Mestre (13), Saquran Curtis (14), Christopher Napoleonis (15), Robert Wilson (16)granting 138 LETTER MOTION filed by USA addressed to Judge Katherine B. Forrest from AUSA Matthew Laroche dated September 20, 2016 re: Briefing Schedule. The parties respectfully request that the Court order that the Government file its opposition on or before October 19, 2016, and that the defendants file any replies on or before November 2, 2016. The parties submit that such a schedule will provide ample time to file responsive papers given the upcoming religious holidays and some of the parties' trial schedules. ENDORSEMENT: So Ordered. (Signed by Judge Katherine B. Forrest on 9/23/2016) (bw) (Entered: 09/23/2016)
9/22/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Winston Lee dated September 22, 2016 re: Quinzell Frazier Joining Co-defendants Motions . Document filed by Quinzell Frazier. (Lee, Winston) (Entered: 09/22/2016)
9/22/2016 LETTER by Robert Wilson addressed to Judge Katherine B. Forrest from Jonathan Bach dated 9/22/16 re: informing the Court that Robert Wilson joins all motions filed by his co-defendants to the extent they are applicable to Mr. Wilson, including those motions challenging Count One as duplicitous and seeking severance. (Bach, Jonathan) (Entered: 09/22/2016)
9/21/2016 LETTER by Eladio Padilla addressed to Judge Katherine B. Forrest from Eladio Padilla dated September 20, 2016 re: Intent to Join Motion (Nkrumah, Kafahni) (Entered: 09/21/2016)
9/21/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Frank Handelman dated September 21, 2016 re: Joining motions . Document filed by Francisco Reyes as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson. (Handelman, Frank) (Entered: 09/21/2016)
9/21/2016NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Eladio Padilla: Notice to Attorney Kafahni Nkrumah to RE-FILE Document 135 MOTION for Bill of Particulars Defendant's Notice to the Court of Joining Mr. Cruz's motion. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 09/21/2016)
9/20/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Matthew Laroche dated September 20, 2016 re: Briefing Schedule . Document filed by USA as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson. (Laroche, Matthew) (Entered: 09/20/2016)
9/20/2016MEMORANDUM in Support by Christopher Napoleonis re 136 MOTION to Sever Defendant and To Sever Counts Two and Three.. (Lind, Richard) (Entered: 09/20/2016)
9/20/2016 MOTION to Sever Defendant and To Sever Counts Two and Three. Document filed by Christopher Napoleonis. (Lind, Richard) (Entered: 09/20/2016)
9/20/2016 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Bill of Particulars Defendant's Notice to the Court of Joining Mr. Cruz's motion. Document filed by Eladio Padilla. (Nkrumah, Kafahni) Modified on 9/21/2016 (ka). (Entered: 09/20/2016)
9/20/2016FIRST LETTER MOTION addressed to Judge Katherine B. Forrest from Karloff C. Commissiong dated September 20, 2016 re: Intent to join motion to suppress Title III Interceptions . Document filed by Luis Cruz. (Commissiong, Karloff) (Entered: 09/20/2016)
9/20/2016NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Frank O'Byrant: Notice to Attorney Kelley J. Sharkey to RE-FILE Document 127 MOTION for Leave to File Motions suppressint Title III Wiretap evidence and other motions. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 09/20/2016)
9/20/2016MEMORANDUM in Support by Gabriel Ocascio re 131 MOTION for Bill of Particulars , Motion to Dismiss Count One, Motion to Sever Count Three, Motion to Join Co-Defendants' Motions and File Such Other Motions as May be Necessary. MOTION to Dismiss .. (Shellow, Jill) (Entered: 09/20/2016)
9/20/2016DECLARATION of Jill R. Shellow in Support as to Gabriel Ocascio re: 131 MOTION for Bill of Particulars , Motion to Dismiss Count One, Motion to Sever Count Three, Motion to Join Co-Defendants' Motions and File Such Other Motions as May be Necessary. MOTION to Dismiss .. (Attachments: # 1 Exhibit)(Shellow, Jill) (Entered: 09/20/2016)
9/20/2016 MOTION for Bill of Particulars , Motion to Dismiss Count One, Motion to Sever Count Three, Motion to Join Co-Defendants' Motions and File Such Other Motions as May be Necessary., MOTION to Dismiss . Document filed by Gabriel Ocascio. (Shellow, Jill) (Entered: 09/20/2016)
9/19/2016MEMORANDUM in Support by Joseph Smith re 129 MOTION to Suppress Title III interceptions.. (Yannella, Donald) (Entered: 09/19/2016)
9/19/2016 MOTION to Suppress Title III interceptions. Document filed by Joseph Smith. (Yannella, Donald) (Entered: 09/19/2016)
9/19/2016 MOTION to Sever Defendant and other pre-trial motions. Document filed by Eladio Padilla. (Nkrumah, Kafahni) (Entered: 09/19/2016)
9/19/2016 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Leave to File Motions suppressint Title III Wiretap evidence and other motions . Document filed by Frank O'Byrant. (Sharkey, Kelley) Modified on 9/20/2016 (ka). (Entered: 09/19/2016)
9/19/2016DECLARATION of Jonathan P. Bach in Support as to Robert Wilson re: 124 MOTION for Bill of Particulars .. (Attachments: # 1 Exhibit A-Letter dated 9/15/2016.)(Bach, Jonathan) (Entered: 09/19/2016)
9/19/2016MEMORANDUM in Support by Robert Wilson re 124 MOTION for Bill of Particulars .. (Bach, Jonathan) (Entered: 09/19/2016)
9/19/2016 MOTION for Bill of Particulars . Document filed by Robert Wilson. (Bach, Jonathan) (Entered: 09/19/2016)
9/19/2016MEMORANDUM in Support by Luis Cruz re 121 FIRST MOTION for Bill of Particulars . MOTION to Dismiss . MOTION to Suppress . MOTION to Sever Defendant .. (Commissiong, Karloff) (Entered: 09/19/2016)
9/19/2016DECLARATION of Karloff C. Commissiong in Support as to Luis Cruz re: 121 FIRST MOTION for Bill of Particulars . MOTION to Dismiss . MOTION to Suppress . MOTION to Sever Defendant .. (Commissiong, Karloff) (Entered: 09/19/2016)
9/19/2016FIRST MOTION for Bill of Particulars ., MOTION to Dismiss ., MOTION to Suppress ., MOTION to Sever Defendant . Document filed by Luis Cruz. (Commissiong, Karloff) (Entered: 09/19/2016)
9/18/2016FIRST LETTER MOTION addressed to Judge Katherine B. Forrest from Daniel A. Hochheiser dated September 18, 2016 re: Dismiss, Sever, Bill of Particulars, Strike, Suppress . Document filed by Ralphie DeJesus. (Attachments: # 1 Exhibit Photograph)(Hochheiser, Daniel) (Entered: 09/18/2016)
9/15/2016 LETTER by Saquran Curtis addressed to Judge Katherine B. Forrest from Marlon G. Kirton, Esq. dated September 15, 2016 re: Motions (Kirton, Marlon) (Entered: 09/15/2016)
9/15/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Frank O'Byrant. Notice is hereby given that an official transcript of a Conference proceeding held on 8/2/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 09/15/2016)
9/15/2016TRANSCRIPT of Proceedings as to Frank O'Byrant re: Conference held on 8/2/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, 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. Redaction Request due 10/11/2016. Redacted Transcript Deadline set for 10/20/2016. Release of Transcript Restriction set for 12/19/2016. (McGuirk, Kelly) (Entered: 09/15/2016)
9/15/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Napoleonis. Notice is hereby given that an official transcript of a Conference proceeding held on 8/2/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 09/15/2016)
9/15/2016TRANSCRIPT of Proceedings as to Christopher Napoleonis re: Conference held on 8/2/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, 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. Redaction Request due 10/11/2016. Redacted Transcript Deadline set for 10/20/2016. Release of Transcript Restriction set for 12/19/2016. (McGuirk, Kelly) (Entered: 09/15/2016)
9/14/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Mitchell Dinnerstein dated September 14, 2016 re: Updating Court on Anticipated Pre-trial Motions . Document filed by Rahim Solano. (Dinnerstein, Mitchell) (Entered: 09/14/2016)
9/12/2016Attorney update in case as to Demetrius Flowers. Attorney Susan Vicki Tipograph for Demetrius Flowers added. Attorney Marc Peter Berger terminated (jw) (Entered: 09/13/2016)
9/12/2016ORDER as to Demetrius Flowers. It is hereby ORDERED that Marc Berger is relieved as counsel and pursuant to the Criminal Justice Act, Susan Tipograph is appointed as counsel of record for the defendant. The Court has also authorized the appointment of associate counsel for the defendant. (Signed by Judge Katherine B. Forrest on 9/12/2016)(jw) (Entered: 09/13/2016)
9/9/2016ENDORSED LETTER as to (16-Cr-317-09) Luis Cruz addressed to Judge Katherine B. Forrest from Attorney Karloff C. Commissiong dated September 8, 2016 re: Updating Court on Anticipated Pretrial Motions. I am writing to inform the Court that it is my intention to file a motion for a Bill of Particulars with respect to Counts One and Two of the Indictment. Further, I intend to file or join in motions to dismiss Count One of the indictment on the grounds that it is duplicitous and for a severance. I reserve the right to join other pretrial motions filed on behalf of co-defendants to the extent that they are applicable to Mr. Cruz, as well as to file any additional motions based upon additional discovery. Finally, counsel apologizes for submitting the update after the Court's August 31, 2016 deadline. ENDORSEMENT: Post to docket. (Signed by Judge Katherine B. Forrest on 9/9/2016)(bw) (Entered: 09/09/2016)
9/9/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Substitution of Counsel Hearing as to Demetrius Flowers held on 9/9/2016. Defendant present with attorney Marc Berger. CJA counsel Susan Tipograph present. Court Reporter present. Hearing held. Order to follow. Remand continued. (jp) (Entered: 09/09/2016)
9/8/2016FIRST LETTER MOTION addressed to Judge Katherine B. Forrest from Karloff C. Commissiong dated September 8, 2016 re: Filing of Anticipated Motions . Document filed by Luis Cruz as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson. (Commissiong, Karloff) (Entered: 09/08/2016)
9/8/2016Set/Reset Deadlines/Hearings as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson: Status Conference set for 11/18/2016 at 02:00 PM before Judge Katherine B. Forrest. (bw) (Entered: 09/08/2016)
9/8/2016MEMO ENDORSEMENT granting 109 LETTER MOTION filed USA as to Demetrius Flowers (1), Joseph Smith (2), Frank O'Byrant (3), Eladio Padilla (4), Quinzell Frazier (5), Jonathan Saez (6), Brian McBeth (7), Francisco Reyes (8), Luis Cruz (9), Ralphie DeJesus (10), Gabriel Ocascio (11), Rahim Solano (12), Michael Mestre (13), Saquran Curtis (14), Christopher Napoleonis (15), Robert Wilson (16), addressed to Judge Katherine B. Forrest from AUSA Matthew Laroche dated September 7, 2016 re: Adjourn Conference. We write on behalf of the parties to respectfully request that the Court adjourn the conference scheduled for September 9, 2016, at 11:00 a.m. The parties also respectfully request that the Court continue to exclude time under 18 U.S.C. § 3161(h)(7) until the rescheduled conference date. ENDORSEMENT: Application granted. Conference adjourned to 11/18/2016, at 2:00 p.m. Time is excluded, in the interest of justice, until 11 /18/2016. SO ORDERED. (Signed by Judge Katherine B. Forrest on 9/8/2016) (bw) (Entered: 09/08/2016)
9/7/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Matthew Laroche dated September 7, 2016 re: Adjourn Conference . Document filed by USA as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson. (Laroche, Matthew) (Entered: 09/07/2016)
9/2/2016MEMO ENDORSEMENT granting 104 LETTER MOTION as to Brian McBeth (7). ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 9/2/2016) (ft) (Entered: 09/02/2016)
9/2/2016ORDER as to (16-Cr-317-06) Jonathan Saez. Pursuant to a proceeding with the Court on 9/1/2016, it is hereby ORDERED as follows: -Any motions shall be filed not later than 11/30/2016. If motions are filed, the Government shall advise the Court promptly of a proposed briefing schedule. -The next status conference is scheduled for 9/9/2016 at 11:00 a.m. -Trial in this matter shall commence on 2/6/2017, at 9:00 a.m. This is a hard trial date. -Upon application of the Government and consented to by defendant, and as set forth on the record, time pursuant to 18 U.S.C. 3161 (h)(7)(A) of the Speedy Trial Act, is hereby excluded from 7/21/2016 to 9/9/2016. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendant in a speedy trial. SO ORDERED: (Signed by Judge Katherine B. Forrest on 9/2/2016)(bw) (Entered: 09/02/2016)
9/1/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to Jonathan Saez (6) Count 1,2Jonathan Saez (6) Count 1,2 held on 9/1/2016., Plea entered by Jonathan Saez (6) Count 1,2Jonathan Saez (6) Count 1,2 Not Guilty. Defendant present with attorneys Mark Stein and Alexander Lee. AUSAs Matthew Laroche and Eli Mark present. Court Reporter present. Defendant arraigned on the Indictment and enters a plea of not guilty. Order to follow. Remand continued. (jp) (Entered: 09/01/2016)
9/1/2016 LETTER by Christopher Napoleonis addressed to Judge Katherine B. Forrest from Richard B. Lind, Esq. dated September 1, 2016 re: Advising Court of Intended Motions On Behalf of Defendant Napoleonis (Lind, Richard) (Entered: 09/01/2016)
8/31/2016 LETTER by Eladio Padilla addressed to Judge Katherine B. Forrest from Eladio Padilla dated August 31, 2016 re: Pre-Motions Defendant Anticipates on Filing (Nkrumah, Kafahni) (Entered: 08/31/2016)
8/31/2016 LETTER MOTION addressed to Judge Katherine B. Forrest dated Aug 31, 2016 re: Additional time to File Notification of Anticipated Motions . Document filed by Brian McBeth. (Oksenhendler, Guy) (Entered: 08/31/2016)
8/31/2016 LETTER by Quinzell Frazier addressed to Judge Katherine B. Forrest from Winston Lee, Esq. dated August 31, 2016 re: Anticipated Motions (Lee, Winston) (Entered: 08/31/2016)
8/31/2016 LETTER by Joseph Smith addressed to Judge Katherine B. Forrest from Donald J. Yannella dated 8/31/2016 re: advising the court of motions that will be filed (Yannella, Donald) (Entered: 08/31/2016)
8/31/2016 LETTER by Gabriel Ocascio addressed to Judge Katherine B. Forrest from Jill R. Shellow dated 08/31/2016 re: Anticipated Pretrial Motions (Shellow, Jill) (Entered: 08/31/2016)
8/31/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Marc P. Berger dated August 31, 2016 re: Additional time to submit the pre-motion letter to allow for his counsel issue to be resolved . Document filed by Demetrius Flowers. (Berger, Marc) (Entered: 08/31/2016)
8/30/2016ORDER as to Demetrius Flowers. It is ORDERED that CJA counsel on duty today, Susan V. Tipograph, is hereby appointed as temporary CJA counsel to meet with the defendant to discuss any issues and/or options he may have. It is also ORDERED that a conference to address the issue is scheduled for Friday, September 9, 2016, at 9:30 a.m. SO ORDERED. (Status Conference set for 9/9/2016 at 09:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/30/2016)(ft) (Entered: 08/30/2016)
8/30/2016NOTICE OF ATTORNEY APPEARANCE: Zachary Baron Shemtob appearing for Robert Wilson. Appearance Type: CJA Appointment. (Shemtob, Zachary) (Entered: 08/30/2016)
8/30/2016 LETTER by Robert Wilson addressed to Judge Katherine B. Forrest from Jonathan Bach dated 8/30/2016 re: Anticipated Motion (Bach, Jonathan) (Entered: 08/30/2016)
8/29/2016 LETTER by Ralphie DeJesus addressed to Judge Katherine B. Forrest from Daniel A. Hochheiser dated August 29, 2016 re: Anticipated Motions (Hochheiser, Daniel) (Entered: 08/29/2016)
8/26/2016 LETTER by Demetrius Flowers addressed to Judge Katherine B. Forrest from Marc P. Berger dated August 26, 2016 re: request that the Court set a hearing (Berger, Marc) (Entered: 08/26/2016)
8/26/2016 LETTER by Frank O'Byrant addressed to Judge Katherine B. Forrest from Kelley Sharkey dated August 26, 2016 re: notification (Sharkey, Kelley) (Entered: 08/26/2016)
8/23/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Saquran Curtis. Notice is hereby given that an official transcript of a Conference proceeding held on 07/21/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Grant, Patricia) (Entered: 08/23/2016)
8/23/2016TRANSCRIPT of Proceedings as to Saquran Curtis re: Conference held on 07/21/2016 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300, 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. Redaction Request due 9/16/2016. Redacted Transcript Deadline set for 9/26/2016. Release of Transcript Restriction set for 11/25/2016. (Grant, Patricia) (Entered: 08/23/2016)
8/16/201690Rule 5(c)(3) Documents Received: Docket Sheet, Indictment, Order of Detention Pending Trial and Commitment to Another District as to Jonathan Saez from the United States District Court - Middle District of Florida. (jw) (Entered: 08/16/2016)
8/15/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Robert Wilson. Notice is hereby given that an official transcript of a Conference proceeding held on 7/13/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/15/2016)
8/15/2016TRANSCRIPT of Proceedings as to Robert Wilson re: Conference held on 7/13/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300, 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. Redaction Request due 9/8/2016. Redacted Transcript Deadline set for 9/19/2016. Release of Transcript Restriction set for 11/17/2016. (McGuirk, Kelly) (Entered: 08/15/2016)
8/10/2016Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman:Initial Appearance as to Jonathan Saez held on 8/10/2016. Defendant Jonathan Saez present with Attorney Christina Green, AUSA Eli Mark present for the Government. Defendant detained: Risk of flight/danger. Conference before D.J. on 9/1/2016 @ 2pm. (Pretrial Conference set for 9/1/2016 at 02:00 PM before Judge Katherine B. Forrest.) (ft) (Entered: 08/15/2016)
8/10/201686CJA 23 Financial Affidavit by Jonathan Saez. CJA Attorney Joshua Levine. (Signed by Judge Magistrate Judge Henry B. Pitman) (ft) (Entered: 08/15/2016)
8/10/2016ENDORSED LETTER as to Gabriel Ocascio addressed to Judge Katherine B. Forrest from Jill R. Shellow dated 8/2/2016 re: I write with regret to inform you that this morning, before any arrangements could be made for a visit, Gabriel Ocasio's grandmother passed away. My client's close relationship to his grandmother, and his separation from family, have made these times particularly difficult for my client. On behalf of my client and myself, I want to thank the two Assistant United States Attorney's assigned to this matter, Eli Mark and Matthew Laroche, and Your Honor for your compassion...ENDORSEMENT: Post to Docket (Signed by Judge Katherine B. Forrest on 8/9/2016)(jw) (Entered: 08/10/2016)
8/2/2016ORDER as to Christopher Napoleonis. For the reasons set forth on the record at a hearing held on 8/2/2016 (see transcript), the defendants request for substitution of counsel is withdrawn and Richard Lind remains counsel of record for Mr. Napoleonis. The defendants application for bail is denied. As the defendant is personally motivated, the Court strongly recommends to the Bureau of Prisons that the defendant be given priority placement in any drug treatment programs that are available. (Signed by Judge Katherine B. Forrest on 8/2/2016)(jw) (Entered: 08/03/2016)
8/2/2016ORDER as to Frank O'Byrant( Discovery due by 8/5/2016., Jury Trial set for 2/6/2017 at 09:00 AM before Judge Katherine B. Forrest., Status Conference set for 9/9/2016 at 11:00 AM before Judge Katherine B. Forrest.) Time excluded from 8/2/2016 until 9/9/2016. Pursuant to a proceeding with the Court on 8/2/2016, it is hereby ORDERED as follows: The Government shall complete the production of discovery not later than 8/5/2016. Counsel for defendant shall advise the Court as to any discovery issues as soon as practicable. Not later than 9/19/2016, defense counsel shall advise the Court, in writing whether any motions are anticipated and provide the Court with a proposed briefing schedule (which is anticipated to occur in October). The next status conference is scheduled for 9/9/2016 at 11:00 a.m. Trial in this matter shall commence on 2/6/2017, at 9:00 a.m. This is a hard trial date. Not later than 8/9/2016, counsel for the defendant shall advise the Court as to any potential conflicts of this trial date. Time pursuant to 18 U.S.C. 3161 (h)(7)(A) of the Speedy Trial Act, has been excluded from to 9/9/2016. Not later than 8/9/2016, counsel for the defendant shall advise the Court, in writing, whether the defendant objects to this exclusion. (Signed by Judge Katherine B. Forrest on 8/2/2016)(jw) (Entered: 08/03/2016)
8/2/2016 LETTER by Gabriel Ocascio addressed to Judge Katherine B. Forrest from Jill R. Shellow dated 08/02/2016 re: Requested modification of detention conditions (Shellow, Jill) (Entered: 08/02/2016)
8/2/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to Frank O'Byrant (3) Count 1,2Frank O'Byrant (3) Count 1,2 held on 8/2/2016., Plea entered by Frank O'Byrant (3) Count 1,2Frank O'Byrant (3) Count 1,2 Not Guilty. Defendant present with attorney Kelley Sharkey. AUSAs Eli Mark and Matthew Laroche present. Court Reporter present. Defendant arraigned on the Indictment an enters a plea of not guilty to counts 1 and 2. Order to follow. Remand continued. (jp) (Entered: 08/02/2016)
8/2/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Hearing as to Christopher Napoleonis held on 8/2/2016. Defendant present with attorney Richard Lind. AUSAs Eli Mark and Matthew Laroche present. Court Reporter present. Hearing held. Order to follow. Remand continued. (jp) (Entered: 08/02/2016)
8/2/2016MEMO ENDORSEMENT granting 78 LETTER MOTION to request an Order that temporarily modifies Mr. Ocasio's detention conditions so that he can say good bye on the terms outlined below. I have conferred with AUSAs Eli Mark and Matthew Laroche, and the Government consents to this request on the conditions detailed below. as to Gabriel Ocascio. To permit Mr. Ocasio to say goodbye to his grandmother: Mr. Ocasio would be permitted to leave the Metropolitan Correctional Centeron one day from 9:00 a.m. until no later than 5:00 p.m. (Given Ms. Melendez's status, my hope is that this would be Wednesday, August 3)...ENDORSEMENT...Application's approved. The temporary release may occur today or as soon as possible to allow for the immediate visit.[One person -- Mr. Ryan is sufficient for the Court]. (Signed by Judge Katherine B. Forrest on 8/2/2016) (jw) (Entered: 08/02/2016)
8/1/2016 LETTER by USA as to Demetrius Flowers, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Rahim Solano, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson addressed to Judge Katherine B. Forrest from Matthew Laroche dated August 1, 2016 re: Access to Discovery Document filed by USA. (Laroche, Matthew) (Entered: 08/01/2016)
8/1/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Jill R. Shellow dated 08/01/2016 re: Temporary Modication of Terms of Detention to Permit Mr. Ocasio to say goodbye to his dying grandmother . Document filed by Gabriel Ocascio. (Shellow, Jill) (Entered: 08/01/2016)
7/29/2016ORDER as to Christopher Napoleonis. The Court has received the attached letter from the defendant. The Court construes this letter as containing two applications: 1. for pretrial bail to attend inpatient drug treatment, and 2. for the substitution of counsel. The Court will hold a hearing to discuss these issues on August 2, 2016, at 11:30 a.m. SO ORDERED. (Status Conference set for 8/2/2016 at 11:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/29/2016)(ft) (Entered: 07/29/2016)
7/27/2016Attorney update in case as to Frank O'Byrant. Attorney Kelley J. Sharkey for Frank O'Byrant added. (jw) (Entered: 07/29/2016)
7/27/201676CJA 23 Financial Affidavit by Frank O'Byrant. (Signed by Judge Magistrate Judge Ronald L. Ellis) Attorney Kelley Sharkey (jw) (Entered: 07/29/2016)
7/27/2016Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance on disposition sheet as to Frank O'Byrant held on 7/27/2016. Deft present with atty Kelley Sharkey. AUSA Eli Mark present. Detention: Risk of Flight/Danger. Next conference set for 8/2/16. Speedy trial time excluded under 18 USC 3161(h)(7) until 8/2/16. (jw) (Entered: 07/29/2016)
7/26/2016MEMO ENDORSEMENT as to Gabriel Ocascio on re: 72 Letter filed by Gabriel Ocascio. ENDORSEMENT: Ordered: It is important that the defendants be allowed to view the video. Would the Government insure that the problem/issue is promptly resolved one way or another, and report back to the Court by August 1? Thank you. (Signed by Judge Katherine B. Forrest on 7/26/2016)(ft) (Entered: 07/26/2016)
7/22/2016ORDER as to Saquran Curtis. The Government shall complete the production of discovery not later than 7/28/2016. Not later than 9/14/2016, defense counsel shall advise the Court, in writing whether any motions are anticipated. Any such motions shall be filed not later than 10/5/2016. If motions are filed, the Government shall advise the Court promptly of a proposed briefing schedule. The next status conference is scheduled for 9/9/2016 at 11:00 a.m. Trial in this matter shall commence on 2/6/2017, at 9:00 a.m. This is a hard trial date. Upon application of the Government and consented to by defendant, and as set forth on the record, time pursuant to 18 U.S.C. 3161 (h)(7)(A) of the Speedy Trial Act, is hereby excluded from 7/21/2016 to 9/9/2016. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendant in a speedy trial. SO ORDERED. (Discovery due by 7/28/2016, Motions due by 10/5/2016, Jury Trial set for 2/6/2017 at 09:00 AM before Judge Katherine B. Forrest, Status Conference set for 9/9/2016 at 11:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/22/2016)(ft) (Entered: 07/22/2016)
7/22/2016 LETTER by Gabriel Ocascio addressed to Judge Katherine B. Forrest from Jill R. Shellow dated 07/22/2016 re: Update on status of access to discovery by incarcerated defendants (Shellow, Jill) (Entered: 07/22/2016)
7/21/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to Saquran Curtis (14) Count 1Saquran Curtis (14) Count 1 held on 7/21/2016., Plea entered by Saquran Curtis (14) Count 1Saquran Curtis (14) Count 1 Not Guilty. Plea entered by Saquran Curtis (14) Count 1. Defendant present with attorney Marlon Kirton. AUSAs Matthew Laroche and Eli Mark present. Pretrial Officer Andrew Kessler-Cleary present. Court Reporter present. Defendant arraigned on the Indictment and enters a plea of not guilty. Order to follow. Defendant's request for bail is denied. See transcript. Detention continued. (jp) (Entered: 07/21/2016)
7/19/2016Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Initial Appearance as to Saquran Curtis held on 7/19/2016. Defendant Saquran Curtis present with CJA Attorney Marlon Kirton, AUSA Matthew Laoche present for the Government. Defendant detained on consent without prejudice. Conference before D.J. on 7/21/16. (ft) (Entered: 08/02/2016)
7/19/201671CJA 23 Financial Affidavit by Saquran Curtis. CJA Attorney Marlon Kirton. (Signed by Judge Magistrate Judge Sarah Netburn) (ft) (Entered: 07/21/2016)
7/14/2016MEMO ENDORSEMENT as to (16-Cr-317-11) Gabriel Ocascio on re: 69 LETTER by Gabriel Ocascio addressed to Judge Katherine B. Forrest from Attorney Jill R. Shellow dated 07/13/2016 re: Status of incarcerated defendant's access to discovery. On May 13, Your Honor directed defense counsel to advise the Court of any deficiencies in the Government's production of discovery, including technical problems that affect the incarcerated defendants' ability to review the materials, no later than today. Gabriel Ocasio, who is incarcerated at the Metropolitan Correctional Center, attempted and been unable to obtain access to the discovery. I have been in touch with AUSAs Matthew Laroche and Eli Mark, as well as legal counsel at MCC, in an effort to resolve the problem, and I am optimistic the problem will be resolved within a day or two. I will not know whether Mr. Ocasio can open the electronic files produced until he has had an opportunity to try to review them. In the event that Your Honor's intervention is required, I will promptly make an application. ENDORSEMENT: Let the Court know by 7/22/16 if the access issue remains unresolved. (Signed by Judge Katherine B. Forrest on 7/14/2016)(bw) (Entered: 07/14/2016)
7/13/2016 LETTER by Gabriel Ocascio addressed to Judge Katherine B. Forrest from Jill R. Shellow dated 07/13/2016 re: Status of incarcerated defendant's access to discovery (Shellow, Jill) (Entered: 07/13/2016)
7/13/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Bail Hearing as to Robert Wilson held on 7/13/2016. Defendant present with attorney Jonathan Bach. AUSA Eli Mark present. Court Reporter present. Defendant's application for bail is denied. Detention continued. See transcript. (jp) (Entered: 07/13/2016)
7/12/2016 LETTER by USA as to Robert Wilson addressed to Judge Katherine B. Forrest from Eli J. Mark dated July 12, 2016 re: Opposition to Wilson Bail Application Document filed by USA. (Mark, Eli) (Entered: 07/12/2016)
7/11/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Smith. Notice is hereby given that an official transcript of a Conference proceeding held on 6/6/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/11/2016)
7/11/2016TRANSCRIPT of Proceedings as to Joseph Smith re: Conference held on 6/6/2016 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, 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. Redaction Request due 8/4/2016. Redacted Transcript Deadline set for 8/15/2016. Release of Transcript Restriction set for 10/14/2016. (McGuirk, Kelly) (Entered: 07/11/2016)
7/11/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Jonathan Bach dated 7/8/2016 re: Respectfully requesting a bail hearing on behalf of Defendant Robert Wilson . Document filed by Robert Wilson. (Bach, Jonathan) (Entered: 07/11/2016)
7/11/2016NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Robert Wilson: Notice to Attorney Jonathan Paul Bach to RE-FILE Document 64 MOTION for Hearing Letter Motion respectfully requesting a bail hearing on behalf of Defendant Robert Wilson. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 07/11/2016)
7/8/2016 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Hearing Letter Motion respectfully requesting a bail hearing on behalf of Defendant Robert Wilson. Document filed by Robert Wilson. (Bach, Jonathan) Modified on 7/11/2016 (ka). (Entered: 07/08/2016)
6/16/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian McBeth, Robert Wilson. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/19/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Siwik, Christine) (Entered: 06/16/2016)
6/16/2016TRANSCRIPT of Proceedings as to Brian McBeth, Robert Wilson re: Sentence held on 5/19/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, 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. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016. (Siwik, Christine) (Entered: 06/16/2016)
6/9/201661SEALED DOCUMENT placed in vault. (mps) (Entered: 06/09/2016)
6/6/2016NOTICE OF ATTORNEY APPEARANCE: Emiliano Martin De Luca appearing for Demetrius Flowers. Appearance Type: CJA Appointment. (De Luca, Emiliano) (Entered: 06/06/2016)
6/6/2016PROTECTIVE ORDER as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson....[See this Protective Order]... WHEREAS, the Government desires to protect the protected materials it produces and will mark materials containing such information as "USG-CONFIDENTIAL"; WHEREAS, in the interest of expediting the discovery process, the Defendants, through their attorneys, consent to the entry of this order; NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The protected materials shall be used by the Defendants, their counsel, and their counsel's agents only for purposes of defending the charges, in connection with sentencing, and pursuing any appeals, in this criminal action. To the extent the protected materials are shown to additional persons consistent with the terms set forth below, those additional persons may only use the protected materials in connection with this criminal action. 2. The Government will mark all items subject to this protective order as "USG-CONFIDENTIAL." 3. The protected materials and the information and identities contained or disclosed therein: (a) Shall be used by the Defendants and their counsel only for purposes of this action; (b) Shall not be disclosed in any form by the Defendants or their counsel except as set forth in paragraph 3(c) below;...[See this Protective Order]... 6. The provisions of this protective order shall not be construed as preventing the disclosure of any information in any motion, hearing, trial, sentencing, or appeal proceeding held in this action or to any judge or magistrate of this Court for purposes of this action. 7. This protective order applies to additional defendants not named herein without further order of the Court if those defendants, through counsel, indicate to the Government that they consent to the terms of this protective order.(See Footnote 1 on page 5 of this Protective Order). SO ORDERED: (Signed by Judge Katherine B. Forrest on 6/6/2016)(bw) (Entered: 06/06/2016)
6/6/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Bail Hearing as to Joseph Smith held on 6/6/2016. Defendant present with attorney Donald Yanella. AUSAs Matthew Laroche and Eli Mark present. Pretrial Officer Emily Rosado present. Court Reporter present. Defendant's application for bail is denied. Pretrial detention continued. (jp) (Entered: 06/06/2016)
6/3/2016 LETTER by USA as to Joseph Smith addressed to Judge Katherine B. Forrest from Matthew Laroche dated June 3, 2016 re: Bail Application Document filed by USA. (Laroche, Matthew) (Entered: 06/03/2016)
6/1/2016NOTICE OF ATTORNEY APPEARANCE Eli Jacob Mark appearing for USA. (Mark, Eli) (Entered: 06/01/2016)
6/1/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Matthew Laroche dated June 1, 2016 re: Protective Order . Document filed by USA as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson. (Attachments: # 1 Exhibit Proposed Protective Order)(Laroche, Matthew) (Entered: 06/01/2016)
5/23/2016NOTICE OF ATTORNEY APPEARANCE: Rebecca Welsh appearing for Robert Wilson. Appearance Type: CJA Appointment. (Welsh, Rebecca) (Entered: 05/23/2016)
5/23/2016ORDER as to Brian McBeth, Robert Wilson. The Government shall complete the production of discovery not later than 6/13/2016. Not later than 7/13/2016, the parties shall advise the Court, in writing, if there are any deficiencies in the production of discovery. Not later than 8/31/2016, the parties shall advise the Court, in writing whether any motions are anticipated. Any such motions shall be filed not later than 9/19/2016. If motions are filed, the Government shall advise the Court promptly of a proposed briefing schedule. The next status conference is scheduled for 9/9/2016 at 11:00 a.m. Trial in this matter shall commence on 2/6/2017, at 9:00 a.m. This is a hard trial date. Upon application of the Government and consented to by defendants, and as set forth on the record, time pursuant to 18 U.S.C. 3161 (h)(7)(A) of the Speedy Trial Act, is hereby excluded from 5/13/2016 to 9/9/2016. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendants in a speedy trial. SO ORDERED. (Discovery due by 6/13/2016, Motions due by 9/19/2016, Jury Trial set for 2/6/2017 at 09:00 AM before Judge Katherine B. Forrest, Status Conference set for 9/9/2016 at 11:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 5/23/2016)(ft) (Entered: 05/23/2016)
5/19/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to Brian McBeth (7) Count 1,2 and Robert Wilson (16) Count 1Brian McBeth (7) Count 1,2 and Robert Wilson (16) Count 1 held on 5/19/2016., Plea entered by Brian McBeth (7) Count 1,2 and Robert Wilson (16) Count 1Brian McBeth (7) Count 1,2 and Robert Wilson (16) Count 1 Not Guilty. Plea entered by Robert Wilson (16) Count 1. Defendant McBeth present with attorney Guy Oskenhendler. Defendant Wilson present with attorney Abigail Belknap. AUSAs Matthew Laroce and Eli Mark present. Court Reporter present. Defendants arraigned on the indictment and both enter pleas of not guilty. Order to follow. Remand continued for both defendants. (jp) (Entered: 05/20/2016)
5/18/2016Attorney update in case as to Brian McBeth. Attorney Guy Oksenhendler for Brian McBeth added. (jw) (Entered: 05/19/2016)
5/18/201649CJA 23 Financial Affidavit by Brian McBeth. (Signed by Judge Magistrate Judge Barbara C. Moses) Attorney Guy Oksenhendler (jw) (Entered: 05/19/2016)
5/18/2016Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses:Initial Appearance on disposition sheet as to Brian McBeth held on 5/18/2016. Deft present with attorney Guy Oksenhandler. AUSA Eli Mark present. Detention on consent without prejudice. Arraignment before District Judge on 5/19/16. (jw) (Entered: 05/19/2016)
5/17/2016Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Appearance as to Robert Wilson held on 5/17/2016. Defendant Robert Wilson present with CJA Attorney Abigail Belknap, AUSA Eli Mark present for the Government. Defendant detained on consent without prejudice. Arraignment scheduled before DJ 5/19/16. (ft) (Entered: 05/23/2016)
5/17/201650CJA 23 Financial Affidavit by Robert Wilson. CJA Attorney Jonathan Bach by Abigail Belknap. (Signed by Judge Magistrate Judge Barbara C. Moses) (ft) (Entered: 05/20/2016)
5/17/2016ORDER as to Demetrius Flowers (1), Joseph Smith (2), Eladio Padilla (4), Quinzell Frazier (5), Francisco Reyes (8), Luis Cruz (9), Ralphie DeJesus (10), Gabriel Ocascio (11), Rahim Solano (12), Christopher Napoleonis (15). Pursuant to a proceeding with the Court on 5/13/2016, it is hereby ORDERED as follows: -The Government shall complete the production of discovery not later than 6/13/2016. -Not later than 7/13/2016, the parties shall advise the Court, in writing, if there are any deficiencies in the production of discovery. -Not later than 8/31/2016, the parties shall advise the Court, in writing whether any motions are anticipated. Any such motions shall be filed not later than 9/19/2016. If motions are filed, the Government shall advise the Court promptly of a proposed briefing schedule. -The next status conference is scheduled for 9/9/2016 at 11:00 a.m. -Trial in this matter shall commence on 2/6/2017, at 9:00 a.m. This is a hard trial date. -Upon application of the Government and consented to by defendants, and as set forth on the record, time pursuant to 18 U.S.C. 3161(h)(7)(A) of the Speedy Trial Act, is hereby excluded from 5/13/2016 to 9/9/2016. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendants in a speedy trial. SO ORDERED: (Signed by Judge Katherine B. Forrest on 5/17/2016)(bw) (Entered: 05/17/2016)
5/13/2016NOTICE of Change of Address as to Demetrius Flowers. New Address: Ropes & Gray LLP, 1211 Avenue of the Americas, New York, New York, United States of America 10036, 212 596 9000. (Berger, Marc) (Entered: 05/13/2016)
5/13/2016NOTICE OF ATTORNEY APPEARANCE: Marc Peter Berger appearing for Demetrius Flowers. Appearance Type: CJA Appointment. (Berger, Marc) (Entered: 05/13/2016)
5/13/2016Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to Demetrius Flowers (1) Count 1,2,3 and Joseph Smith (2) Count 1,2 and Eladio Padilla (4) Count 1,2 and Quinzell Frazier (5) Count 1,2 and Francisco Reyes (8) Count 1,2 and Luis Cruz (9) Count 1,2 and Ralphie DeJesus (10) Count 1,2 and Gabriel Ocascio (11) Count 1,2 and Rahim Solano (12) Count 1,2 and Christopher Napoleonis (15) Count 1Demetrius Flowers (1) Count 1,2,3 and Joseph Smith (2) Count 1,2 and Eladio Padilla (4) Count 1,2 and Quinzell Frazier (5) Count 1,2 and Francisco Reyes (8) Count 1,2 and Luis Cruz (9) Count 1,2 and Ralphie DeJesus (10) Count 1,2 and Gabriel Ocascio (11) Count 1,2 and Rahim Solano (12) Count 1,2 and Christopher Napoleonis (15) Count 1 held on 5/13/2016., Plea entered by Demetrius Flowers (1) Count 1,2,3 and Joseph Smith (2) Count 1,2 and Eladio Padilla (4) Count 1,2 and Quinzell Frazier (5) Count 1,2 and Francisco Reyes (8) Count 1,2 and Luis Cruz (9) Count 1,2 and Ralphie DeJesus (10) Count 1,2 and Gabriel Ocascio (11) Count 1,2 and Rahim Solano (12) Count 1,2 and Christopher Napoleonis (15) Count 1Demetrius Flowers (1) Count 1,2,3 and Joseph Smith (2) Count 1,2 and Eladio Padilla (4) Count 1,2 and Quinzell Frazier (5) Count 1,2 and Francisco Reyes (8) Count 1,2 and Luis Cruz (9) Count 1,2 and Ralphie DeJesus (10) Count 1,2 and Gabriel Ocascio (11) Count 1,2 and Rahim Solano (12) Count 1,2 and Christopher Napoleonis (15) Count 1 Not Guilty. Plea entered by Joseph Smith (2) Count 1,2 and Francisco Reyes (8) Count 1,2 and Christopher Napoleonis (15) Count 1. All defendants present with counsel. AUSAs Eli Mark and Matthew Laroce present. Court Reporter present. All defendants arraigned on the Indictment and all defendants enter pleas of not guilty. Order to follow. Remand continued for all defendants. (jp) (Entered: 05/13/2016)
5/13/2016MEMO ENDORSEMENT granting 9 LETTER MOTION filed by Joseph Smith (2), addressed to Judge Katherine B. Forrest from Attorney Donald J. Yannella dated 5/12/2016 re: Having cocounsel stand in for me because I am on trial. I am counsel for Joseph Smith, who is scheduled to appear for a conference tomorrow. I request that Winston Lee, counsel for a codefendant on the indictment, be permitted to stand in for me tomorrow. My client already informed me that he consents to this. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 5/13/2016) (bw) (Entered: 05/13/2016)
5/12/2016 LETTER MOTION addressed to Judge Katherine B. Forrest from Donald J. Yannella dated 5/12/2016 re: Having cocounsel stand in for me because I am on trial . Document filed by Joseph Smith. (Yannella, Donald) (Entered: 05/12/2016)
5/11/2016Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Appearance as to Francisco Reyes held on 5/11/2016. Defendant Francisco Reyes present with CJA Attorney Frank Handelman, AUSA Eli Mark and Matthew Laroche present for the Government. Defendant detained on consent without prejudice. Deft has retained counsel. To appear before KBF on 5-13-16. Conference before D.J. KBF on 5/13/16 at noon. Medical attention form attached. (ft) Modified on 5/16/2016 (ft). (Entered: 05/16/2016)
5/11/2016Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Appearance as to Christopher Napoleonis held on 5/11/2016. Defendant Christopher Napoleonis present with CJA Attorney Rich Lind, AUSA Eli Mark present for the Government. Defendant detained on consent without prejudice. Conference before KBF on 5/13/16 at noon. (ft) (Entered: 05/16/2016)
5/11/201644CJA 23 Financial Affidavit by Christopher Napoleonis. CJA Attorney Rich Lind. (Signed by Judge Magistrate Judge Ronald L. Ellis) (ft) (Entered: 05/16/2016)
5/11/2016Minute Entry on "Disposition Sheet" for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Appearance as to Joseph Smith (2) held on 5/11/2016. AUSA Eli Mark. Defense Counsel Don Yanella (CJA). Proceeding: Rule 9. BAIL DISPOSITION: Detention consent without prejudice. ADDITIONAL PROCEEDINGS: Conference before District Judge (Judge Forrest) on 5-13-16. (bw) (Entered: 05/13/2016)
5/11/201640CJA 23 Financial Affidavit by Joseph Smith (2). APPROVED: (Signed by Magistrate Judge Ronald L. Ellis on 5/11/2016); Attorney Donald Yannella. (bw) (Entered: 05/13/2016)
5/11/2016Minute Entry on "Disposition Sheet" for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Appearance as to Rahim Solano (12) held on 5/11/2016. Date of Arrest: 5-11-16. AUSA Eli Mark. Defense Counsel Mitchell Dinnerstein (CJA). Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. (bw) (Entered: 05/13/2016)
5/11/2016Arrest of Rahim Solano (12). [*** NOTE: Refer to Disposition Sheet for Rule 9 Proceeding held on 5/11/2016. ***] (bw) (Entered: 05/13/2016)
5/11/2016ORAL ORDER as to Quinzell Frazier (5). Pretrial Conference set for 5/13/2016 at 12:00 PM before Judge Katherine B. Forrest. (By Magistrate Judge Ronald L. Ellis on 5/11/2016) (bw) (Entered: 05/13/2016)
5/11/2016Minute Entry on "Disposition Sheet" for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Appearance as to Quinzell Frazier (5) held on 5/11/2016. Date of Arrest: 5-11-16. AUSA Eli Mark. Defense Counsel Winston Lee. Proceeding: Rule 9. BAIL DISPOSITION: Detention: Risk of Flight/Danger. ADDITIONAL PROCEEDINGS: Conference before District Judge (Judge Forrest) on 5-13-16 at Noon. (bw) (Entered: 05/13/2016)
5/11/2016Attorney update in case as to Quinzell Frazier (5). Attorney Winston Lee for Quinzell Frazier added. (bw) (Entered: 05/13/2016)
5/11/201637CJA 23 Financial Affidavit by Quinzell Frazier (5). APPROVED: (Signed by Magistrate Judge Ronald L. Ellis on 5/11/2016); Attorney Winston Lee. (bw) (Entered: 05/13/2016)
5/11/2016Arrest of Quinzell Frazier (5). [*** NOTE: Refer to Disposition Sheet for Rule 9 Proceeding held on 5/11/2016. ***] (bw) (Entered: 05/13/2016)
5/11/2016Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Appearance as to Luis Cruz held on 5/11/2016. Defendant Luis Cruz present with CJA Attorney Karloff Commissiong, AUSA Eli Mark present for the Government. Defendant detained on consent without prejudice. Conference before D.J. on 5/13/16. (ft) (Entered: 05/13/2016)
5/11/201635CJA 23 Financial Affidavit by Luis Cruz. CJA Attorney Karloff Commissiong. (Signed by Judge Magistrate Judge Ronald L. Ellis) (ft) (Entered: 05/13/2016)
5/11/2016Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Appearance as to Demetrius Flowers held on 5/11/2016. Defendant Demetrius Flowers present with Attorney Mark Berger, AUSA Eli Mark present for the Government. Defendant detained on consent without prejudice. Conference before D.J. on 5/13/16. (ft) (Entered: 05/13/2016)
5/11/2016Attorney update in case as to Gabriel Ocascio. Attorney Jill R. Shellow for Gabriel Ocascio added. (jw) (Entered: 05/13/2016)
5/11/201633CJA 23 Financial Affidavit by Gabriel Ocascio. (Signed by Judge Magistrate Judge Ronald L. Ellis) Attorney Jill R. Shellow (jw) (Entered: 05/13/2016)
5/11/2016Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance on disposition sheet as to Gabriel Ocascio held on 5/11/2016. Deft present with atty Jill Shellow. AUSA Eli Mank present. Detention: Risk of Flight/Danger. Detained Risk of Flight. History of Violence, firearm, Founder of Enterprise/Leadership. (jw) (Entered: 05/13/2016)
5/11/2016Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Appearance as to Ralphie DeJesus held on 5/11/2016. Defendant Ralphie DeJesus present with CJA Attorney Daniel Hochheiser, AUSA Eli Mark present for the Government. Defendant detained: Risk of flight/danger. (ft) (Entered: 05/13/2016)
5/11/2016Attorney update in case as to Eladio Padilla. Attorney Kafahni Nkrumah for Eladio Padilla added. (jw) (Entered: 05/13/2016)
5/11/201630CJA 23 Financial Affidavit by Ralphie DeJesus. CJA Attorney Daniel A. Hochheiser. (Signed by Judge Magistrate Judge Ronald L. Ellis) (ft) (Entered: 05/13/2016)
5/11/201629 Medical Attention Form as to Eladio Padilla. (jw) (Entered: 05/13/2016)
5/11/201628CJA 23 Financial Affidavit by Eladio Padilla. (Signed by Judge Magistrate Judge Ronald L. Ellis) Attorney Kafahni Nkrumah (jw) (Entered: 05/13/2016)
5/11/2016Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance on disposition sheet as to Eladio Padilla held on 5/11/2016. Deft present with atty Kafahni Nkrumah. Detention on consent without prejudice. Next conference set before District Judge on 5/13/16. (jw) (Entered: 05/13/2016)
5/11/2016Case as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson ASSIGNED to Judge Judge Katherine B. Forrest. Judge Judge Unassigned no longer assigned to the case. (jm) (Entered: 05/12/2016)
5/11/2016Case Designated ECF as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson. (jm) (Entered: 05/12/2016)
5/11/2016INDICTMENT UNSEALED as to Demetrius Flowers, Rahim Solano, Joseph Smith, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, Gabriel Ocascio, Michael Mestre, Saquran Curtis, Christopher Napoleonis, Robert Wilson. (jm) (Entered: 05/12/2016)
5/11/2016Order to Unseal Indictment as to Sealed Defendant 1, Rahim Solano, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4, Sealed Defendant 5, Sealed Defendant 6, Sealed Defendant 7, Sealed Defendant 8, Sealed Defendant 9, Sealed Defendant 10, Sealed Defendant 11, Sealed Defendant 13, Sealed Defendant 14, Sealed Defendant 15, Sealed Defendant 16. (Signed by Magistrate Judge Ronald L. Ellis on 5/11/16)(jm) (Entered: 05/12/2016)
5/9/20161SEALED DOCUMENT placed in vault. (mps) (Entered: 05/09/2016)
5/5/2016155Arrest Warrant Returned Executed on 7/26/2016 as to Frank O'Byrant. (ft) (Entered: 10/03/2016)
5/5/2016153Arrest Warrant Returned Executed on 7/22/2016 as to Jonathan Saez. (ft) (Entered: 10/03/2016)
5/5/201696Arrest Warrant Returned Executed on 7/14/2016 as to Saquran Curtis. (ft) (Entered: 08/29/2016)
5/5/201656Arrest Warrant Returned Executed on 5/17/2016 as to Brian McBeth. (ft) (Entered: 06/01/2016)
5/5/2016SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3, Sealed Defendant 2 (2) count(s) 1, 2, Sealed Defendant 3 (3) count(s) 1, 2, Sealed Defendant 4 (4) count(s) 1, 2, Sealed Defendant 5 (5) count(s) 1, 2, Sealed Defendant 6 (6) count(s) 1, 2, Sealed Defendant 7 (7) count(s) 1, 2, Sealed Defendant 8 (8) count(s) 1, 2, Sealed Defendant 9 (9) count(s) 1, 2, Sealed Defendant 10 (10) count(s) 1, 2, Sealed Defendant 11 (11) count(s) 1, 2, Rahim Solano (12) count(s) 1, 2, Sealed Defendant 13 (13) count(s) 1, 2, Sealed Defendant 14 (14) count(s) 1, Sealed Defendant 15 (15) count(s) 1, Sealed Defendant 16 (16) count(s) 1. (jm) (Entered: 05/12/2016)
5/3/2016Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck:Initial Appearance as to Demetrius Flowers held on 5/3/2016. Deft appears with CJA atty Marc Berger. AUSA Eli Mark present for the gov't. Detention on consent without prejudice. ( Preliminary Hearing set for 6/2/2016 at 10:00 AM before Judge Unassigned.) (gq) [1:16-mj-02804-UA] (Entered: 05/04/2016)
5/3/2016Attorney update in case as to Demetrius Flowers. Attorney Marc Peter Berger for Demetrius Flowers added. (gq) [1:16-mj-02804-UA] (Entered: 05/04/2016)
5/3/20163CJA 23 Financial Affidavit by Demetrius Flowers. Approved. Appointed CJA atty Marc P. Berger. (Signed by Judge Magistrate Judge Andrew J. Peck) (gq) [1:16-mj-02804-UA] (Entered: 05/04/2016)
5/3/20160Oral Order to Unseal Case as to Demetrius Flowers. (Signed by Magistrate Judge Andrew J. Peck on 5/3/2016)(gq). [1:16-mj-02804-UA] (Entered: 05/04/2016)
5/3/2016Arrest of Demetrius Flowers. (gq) [1:16-mj-02804-UA] (Entered: 05/04/2016)
5/2/2016SEALED COMPLAINT as to Demetrius Flowers (1) in violation of 21 U.S.C 812, 841(a)(1), 841 (b)(1)(C); 18 U.S.C. 924(c), 922(g) and 2. (Signed by Magistrate Judge Sarah Netburn) (gq). [1:16-mj-02804-UA] (Entered: 05/04/2016)
5/2/20160Oral Order to Seal Case as to Sealed Defendant 1. (Signed by Magistrate Judge Sarah Netburn on 5/2/2016)(gq). [1:16-mj-02804-UA] (Entered: 05/04/2016)
4/26/2016***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Mitchell Joel Dinnerstein as to Rahim Solano: to MANUALLY RE-FILE Document Notice of Attorney Appearance, Document No. 6. This case is not ECF. (ka) [1:16-mj-02393-UA] (Entered: 04/26/2016)
4/25/2016 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF ATTORNEY APPEARANCE: Mitchell Joel Dinnerstein appearing for Rahim Solano. Appearance Type: CJA Appointment. (Dinnerstein, Mitchell) Modified on 4/26/2016 (ka). [1:16-mj-02393-UA] (Entered: 04/25/2016)
4/25/2016Minute Entry for proceedings held before Magistrate Judge Frank Maas: Detention Hearing as to Rahim Solano held on 4/25/2016. Deft Appears with CJA Mitchell Dinnerstein and AUSA Jordan Estes by Eli Mark for the government. Detention; Bail Application Denied. P.H. Date Adjourned to 5/18 (30 Day) (dif) [1:16-mj-02393-UA] (Entered: 04/25/2016)
4/18/2016Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Initial Appearance as to Rahim Solano held on 4/18/2016., Deft Appears with CJA Attorney Mitchell Dinnerstein and AUSA Eli Mark by Rebekah Donaleski for the government. Detention Hearing Scheduled for 4/25/16 @ 11:00 am; Deft is Detained Until Detention Hearing 18 U.S.C. 3142 (c); ( Preliminary Hearing set for 5/2/2016 at 10:00 AM before Judge Unassigned.) (dif) [1:16-mj-02393-UA] (Entered: 04/19/2016)
4/18/2016Attorney update in case as to Rahim Solano. Attorney Mitchell Joel Dinnerstein for Rahim Solano added.. (dif) [1:16-mj-02393-UA] (Entered: 04/19/2016)
4/18/20163CJA 23 Financial Affidavit by Rahim Solano. (Signed by Judge Magistrate Judge Henry B. Pitman) (CJA Attorney Mitchell Dinnerstein Appointed) (dif) [1:16-mj-02393-UA] (Entered: 04/19/2016)
4/17/2016Arrest of Rahim Solano. (dif) [1:16-mj-02393-UA] (Entered: 04/19/2016)
4/12/2016 COMPLAINT as to Rahim Solano (1). In Violation of 21 U.S.C. 841 (b) (1) (C) (Signed by Magistrate Judge James L. Cott) (dif) [1:16-mj-02393-UA] (Entered: 04/19/2016)
4/12/2016SEALED ORAL ORDER as to Sealed Defendant 1. (Signed by Magistrate Judge James L. Cott on 4/12/2016)(dif) [1:16-mj-02393-UA] (Entered: 04/19/2016)