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USA v. Nunez

1:17-cr-00438 | New York Southern District Court

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Division Foley Square
Judge Judge Valerie E. Caproni
Filed July 12, 2017
Terminated Sept. 21, 2023
Case Flags CLOSED, APPEAL, and ECF
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3 Weeks
  • 5/1/2025
The parties must submit a joint status report by no later than May 1, 2025.
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4 Weeks
  • 5/7/2025
(Status Conference set for 5/7/2025 at 02:30 PM before Judge Valerie E. Caproni.
Status conference shceduled for May 7, 2025 at 2:30 p.m. Defendant's home detention is modified to permit him to travel to and from outpatient drug treatment.
(Status Conference set for 5/7/2025 at 02:30 PM in Courtroom 20C, 500 Pearl Street
May 7, 2025 at 2:30 P.M. in Courtroom 20C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street
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Filing Date # Docket Text
3/18/2025NOTICE OF ATTORNEY APPEARANCE: Adam Sean Hickey appearing for Esfrain Silva. Appearance Type: CJA Appointment. (Hickey, Adam) (Entered: 03/18/2025)
3/18/2025NOTICE OF ATTORNEY APPEARANCE: Glen Alexander Kopp appearing for Esfrain Silva. Appearance Type: CJA Appointment. (Kopp, Glen) (Entered: 03/18/2025)
3/4/2025Minute Entry for proceedings held before Judge Valerie E. Caproni: Revocation of Supervised Release - Interim Hearing as to Esfrain Silva held on 3/4/2025. Defendant Esfrain Silva present with attorney Glen Kopp. AUSA Lauren Phillips present. Probation Officer Adam Pakula present. Court Reporter Dana Holland present. Defendant did not admit to specification violations 1-9 of the February 27, 2025 Probation Violation Report. Status conference shceduled for May 7, 2025 at 2:30 p.m. Defendant's home detention is modified to permit him to travel to and from outpatient drug treatment. (Status Conference set for 5/7/2025 at 02:30 PM before Judge Valerie E. Caproni.) (jbo) (Entered: 03/04/2025)
3/4/2025ORDER as to Esfrain Silva: IT IS HEREBY ORDERED that the parties appear for a status conference on Wednesday, May 7, 2025 at 2:30 P.M. in Courtroom 20C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York, 10007. The parties must submit a joint status report by no later than May 1, 2025. IT IS FURTHER ORDERED that Mr. Silva's home detention is modified to permit him to travel to and from outpatient drug treatment. SO ORDERED. (Status Conference set for 5/7/2025 at 02:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 3/4/2025) (lnl) (Entered: 03/04/2025)
3/3/2025NOTICE OF ATTORNEY APPEARANCE Lauren E Phillips appearing for USA. (Phillips, Lauren) (Entered: 03/03/2025)
3/3/2025APPEARANCE Bond Entered as to Esfrain Silva. $25,000 personal recognizance bond; To be co-signed by two financially responsible persons. Additional conditions... (job) (Entered: 03/03/2025)
3/3/2025Minute Entry for proceedings held before Magistrate Judge Robyn F. Tarnofsky: Initial Appearance re: Revocation of Supervised Release as to Esfrain Silva held on 3/3/2025. Bond Hearing as to Esfrain Silva held on 3/3/2025. AUSA's James Mandilk and Joseph Zabel present for the Government. Defendant present with attorney Adam Hickey for Glenn Kopp. Presentment only. BAIL DISPOSITION: Def. released on own recognizance; $25,000 personal recognizance bond; To be co-signed by two financially responsible persons; Travel restricted to SDNY/EDNY; Surrender travel documents and no new applications; Probation supervision: As directed by Probation; Drug testing/treatment; Home incarceration at his mothers home at: 150 W. 225 St. #26A, Bronx, NY; Location monitoring technology; Def. to continue or seek employment; Def. to continue or start an education program; Def. not to possess firearm/destructive device/other weapon; Mr. Silva is to report to probation immediately for monitoring installation; Mr. Silva is not to visit his girlfriend's home: 35-48 Tryon Ave, Bronx, NY; Def. to be released on own signature; Remaining conditions to be met by: 3/4/2025. Def. denies specifications; Conference before D.J. on 3/4/2025. (job) (Entered: 03/03/2025)
3/3/2025915CJA 23 Financial Affidavit by Esfrain Silva. CJA, attorney Glen Kopp appointed counsel. APPROVED. (Signed by Magistrate Judge Robyn F. Tarnofsky) (job) (Entered: 03/03/2025)
3/3/2025Arrest of Esfrain Silva. (job) (Entered: 03/03/2025)
3/3/2025ORDER as to Esfrain Silva: IT IS HEREBY ORDERED that Mr. Silva must appear before the Court for a conference on Tuesday, March 4, 2025 at 1:45 P.M. in Courtroom 20C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York, 10007. (Preliminary Revocation Hearing set for 3/4/2025 at 01:45 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 3/3/2025) (ap) (Entered: 03/03/2025)
2/27/2025Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document
2/4/2025ORDER 907 Motion to Reduce Sentence re Amendment 821 as to Edwin Araujo. IT IS HEREBY ORDERED that Mr. Araujos Motion is DENIED. Although Mr. Araujo is eligible for a sentence reduction under Amendment 821, the Court has discretion whether to grant a reduction. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to mail a copy of this order to Mr. Araujo, No. 69460-054, USP Victorville, P.O. Box 3900, Adelanto, CA 92301, and close the open motion at Dkt. 907 [**The Clerk has mailed this Order to defendant on 2/4/2025 to the address listed on this document**] (Signed by Judge Valerie E. Caproni on 2/4/25) (jw) (Entered: 02/04/2025)
12/26/2024MANDATE of USCA (Certified Copy) as to Edwin Cortorreal re: 887 Notice of Appeal. USCA Case Number 23-7195. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/26/2024. (nd) (Entered: 12/26/2024)
12/18/2024 LETTER addressed to Judge Valerie E. Caproni dated 12/10/2024 re: Letter from Edwin Araujo (jw) (Entered: 12/19/2024)
11/20/2024LETTER RESPONSE in Opposition by USA as to Edwin Araujo addressed to Judge Valerie E. Caproni from AUSA Hagan Scotten dated November 20, 2024 re: 907 MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Edwin Araujo (10) re Count 1 filed.. (Attachments: # 1 Exhibit A)(Scotten, Hagan) (Entered: 11/20/2024)
10/30/2024ORDER as to Edwin Araujo. IT IS ORDERED that no later than November 20, 2024, the Government shall file a statement of its position on the motion for modification of the Defendant's sentence. The Government's response should include Defendant's disciplinary history. IT IS FURTHER ORDERED that the Defendant shall file his response, if any, no later than December 11, 2024. The Court's intention, unless it orders otherwise, is to resolve this motion based on the parties' written submissions. The Clerk of Court is respectfully directed to mail a copy of this order to Defendant at Reg. 69460-054, FCI Herlong, P.O. Box 800, Herlong, CA 96113 (Defendant Responses due by 12/11/2024) (Signed by Judge Valerie E. Caproni on 10/30/24)(jw) (Entered: 10/30/2024)
10/30/2024 MOTION FOR SENTENCE REDUCTION for Edwin Araujo (10). Document filed by Edwin Araujo. (jw) (Entered: 10/30/2024)
9/10/2024906SEALED DOCUMENT placed in vault. (nmo) (Entered: 09/10/2024)
7/9/2024Transmission of USCA Mandate/Order to the District Judge re: 905 USCA Mandate - Final Judgment Appeal. (tp) (Entered: 07/09/2024)
7/9/2024MANDATE of USCA (Certified Copy) as to Starlin Nunez re: 893 Notice of Appeal - Final Judgment, USCA Case Number 23-8111. Ordered that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 7/8/2024. (tp) (Entered: 07/09/2024)
6/6/2024PROBATION FORM 35 as to (17-Cr-438-07) Stalin Contreras. On " Report and Order Terminating Supervised Release Prior to Original Expiration Date" submitted by Lauren M. Blackford, U.S. Probation Officer Specialist. ORDER OF THE COURT: Pursuant to the above report, it is ordered that Stalin Contreras be granted a one (1) year reduction in his Supervised Release term with a new maximum expiration date of January 8, 2025. Date this 6 day of June, 2024. (Signed by Judge Valerie E. Caproni on 6/6/2024) (bw) (Entered: 06/06/2024)
5/1/2024MEMO ENDORSEMENT as to Stalin Contreras (7) granting 902 LETTER MOTION addressed to Judge Valerie E. Caproni dated April 30, 2024 re: Request to Travel to Dominican Republic 6/3/24 - 6/12/24. ENDORSEMENT: Application GRANTED. Mr. Contreras must provide Probation with his travel itinerary, along with an address and phone number for where he will be staying while in the Dominican Republic. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/1/2024) (lnl) (Entered: 05/01/2024)
4/30/2024 LETTER MOTION addressed to Judge Valerie E. Caproni dated April 30, 2024 re: Request to Travel to Dominican Republic 6/3/24 - 6/12/24 . Document filed by Stalin Contreras. (Moskowitz, Avraham) (Entered: 04/30/2024)
4/29/2024NOTICE OF MAILING as to (17-Cr-438-2) Ramon Martinez. RE: 899 MEMO ENDORSEMENT. *** NOTE: On 4/29/2024, the Clerk of the Court has mailed a copy of this Memo Endorsement to: Ramon Martinez, Register #79504-054, RRM New York, Room 849, New York, NY 10014. (bw) (Entered: 04/29/2024)
4/22/2024Received returned mail as to (17-Cr-438-02) Ramon Martinez re: 899 MEMO ENDORSEMENT. Mail was addressed to Ramon Martinez, Register #79504-054, Federal Correctional Institution, PO Box 900, Ray Brook, NY 12977; and was returned for the following reason(s): RETURN TO SENDER / NO SUCH STREET / UNABLE TO FORWARD. (bw) (Entered: 04/26/2024)
4/16/2024ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2) as to Shajonny Santana (12): 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 DENIED. (Signed by Judge Valerie E. Caproni on 4/15/2024) (A copy of this order was mailed by the Clerk's Office on 4/16/2024 to Shajonny Santana, Reg. No. 77051-054, FCI Allenwood, P.O.Box 2000, White Deer, PA 17887) (lnl) (Entered: 04/16/2024)
4/16/2024ORDER as to Shajonny Santana (12): It is hereby ORDERED that Defendant's motion is DENIED because he is not eligible for a reduction in sentence pursuant to Amendment 821. The two portions of that amendment that are retroactive relate to "zero point" offenders (Defendant had 10 criminal history points) and to defendants with status points (meaning an increase in criminal history because the offense of conviction was committed while the defendant was under another criminal justice sentence; no status points were assessed when determining Defendant's criminal history). The Clerk is respectfully directed to terminate the open motion at Dkt. 898 and to mail a copy of this order to Defendant. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/15/2024) (A copy of this order was mailed by the Clerk's Office on 4/16/2024 to Shajonny Santana, Reg. No. 77051-054, FCI Allenwood, P.O.Box 2000, White Deer, PA 17887) (lnl) (Entered: 04/16/2024)
3/19/2024MEMO ENDORSEMENT as to Ramon Martinez on re: 897 MOTION filed by Ramon Martinez...ENDORSEMENT...Application DENIED. The Court commends Mr. Martinez's post-conviction incarceration conduct and the fact that he has remained incident free. The Court encourages Mr. Martinez to maintain such conduct for the duration of his incarceration. Per the Court's Endorsement at Dkt. 896, Mr. Martinez is ineligible for a sentence reduction under Amendment 821 of the Sentencing Guidelines. Mr. Martinez is precluded from a sentence reduction because the original sentence was below the low end of the amended guideline range. The Clerk of Court is respectfully directed to close the open motion at Dkt. 897 and to mail a copy of this endorsement to Mr. Martinez. [**This Memo Endorsement has been mailed out to the defendant Ramon Martinez on 3/19/2024 to Register #79504-054, Federal Correctional Institution, PO Box 900, Ray Brook, NY 12977**] (Signed by Judge Valerie E. Caproni on 3/19/2024)(jw) (Entered: 03/19/2024)
3/19/2024 MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Shajonny Santana (12) re Count 1 filed. Document filed by Shajonny Santana. (jw) (Entered: 03/19/2024)
2/20/2024 MOTION/PETITION TO MODIFY OR TO REDUCE SENTENCE TO TITLE 18 U.S.C. § 3582(c) (2) UNDER AMENDMENT 821 "STATUS POINTS" SECTION 4A1.1. Document filed by Ramon Martinez. (ap) (Entered: 02/20/2024)
2/1/2024MEMO ENDORSEMENT as to Ramon Martinez on 894 LETTER by Ramon Martinez addressed to Judge Valerie E. Caproni, from Ramon Martinez dated 1/3/2024 re: Defendant writes regarding 821 Motion. ENDORSEMENT: Application DENIED. The Court will not appoint CJA counsel to assess Mr. Martinez's legal options under Amendment 821, as Mr. Martinez is ineligible for a sentence reduction under Amendment 821 of the Sentencing Guidelines. Mr. Martinez is precluded from a sentence reduction because the original sentence was below the low end of the amended guideline range. The Clerk of Court is directed tomail a copy of this endorsement to Mr. Martinez. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/1/2024) (A copy of this ENDORSEMENT was mailed by the Clerk's Office on 2/1/2024 to Ramon Martinez, Reg. No. 79504-054, FCI Raybrook, P.O. Box 900, Raybrok, NY 12977) (lnl) (Entered: 02/01/2024)
1/11/2024 LETTER by Ramon Martinez addressed to Judge Valerie E. Caproni, from Ramon Martinez dated 1/3/2024 re: Defendant writes regarding 821 Motion. (ap) (Entered: 01/11/2024)
1/5/2024Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Starlin Nunez re: 893 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 01/05/2024)
1/5/2024Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Starlin Nunez to US Court of Appeals re: 893 Notice of Appeal. (nd) (Entered: 01/05/2024)
1/2/2024NOTICE OF APPEAL by Starlin Nunez from 670 Order. [This document also entered in civil case: 21-cv-9755]. (nd) (Entered: 01/05/2024)
12/29/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Edwin Cortorreal. Notice is hereby given that an official transcript of a Conference proceeding held on 6/14/2021 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: 12/29/2023)
12/29/2023TRANSCRIPT of Proceedings as to Edwin Cortorreal re: Conference held on 6/14/2021 before Judge Valerie E. Caproni. 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 1/19/2024. Redacted Transcript Deadline set for 1/29/2024. Release of Transcript Restriction set for 3/28/2024. (McGuirk, Kelly) (Entered: 12/29/2023)
10/19/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Edwin Cortorreal. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/20/23 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: 10/19/2023)
10/19/2023TRANSCRIPT of Proceedings as to Edwin Cortorreal re: Sentence held on 9/20/23 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Paula Horovitz, (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 11/9/2023. Redacted Transcript Deadline set for 11/20/2023. Release of Transcript Restriction set for 1/17/2024. (Moya, Goretti) (Entered: 10/19/2023)
9/26/2023Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Edwin Cortorreal re: 887 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 09/26/2023)
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