USA v. Acosta

1:17-cr-00487 | New York Southern District Court

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Division Foley Square
Judge Judge Kimba M. Wood
Filed Aug. 7, 2017
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7 Days
  • 4/6/2025
Defend ant's reply, if any, is due by April 6, 2025, but may be submitted earlier.
The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Valdez at FCI Ray Brook (Defendant Replies due by 4/6/2025.
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6 Weeks
  • 5/12/2025
Mr. Valdez's reply, if any, is due by May 12, 2025, but may be submitted earlier.
Replies due by 5/12/2025) (Signed by Judge Kimba M. Wood on 1/21/2025) (Copy mailed on 1/17/2025 to Defendant at: Alexis Valdez, Reg. No. 79388-054
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Filing Date # Docket Text
3/12/2025Response in Opposition to Motion
3/7/2025 OPINION & ORDER as to (17-Cr-487-1) Ariel Acosta. Defendant Ariel Acosta, represented by counsel, has filed a motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). (Def.'s Mot., ECF No. 339.) The government opposes Acosta 's motion. (Gov't Opp'n, ECF No. 345.) For the reasons set forth below, Acosta's motion for compassionate release is DENIED....[*** See this Opinion & Order ***]... CONCLUSION. For the foregoing reasons, Acosta's motion for c ompassionate release pursuant to § 3582(c)(1)(A) is DENIED without prejudice to renew at a later date, if new facts warrant renewal. The Clerk of Court is respectfully directed to close the pending motion at ECF No. 339. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/7/2025) (bw)
2/28/2025Letter
2/18/2025~Util - Set/Reset Deadlines/Hearings, Endorsed Letter
2/10/2025Extension of Time to File Response/Reply, Extension of Time to File Response/Reply, Extension of Time to File Response/Reply, Extension of Time to File Response/Reply, Extension of Time to File Response/Reply, Extension of Time to File Response/Reply, Extension of Time to File Response/Reply, Extension of Time to File Response/Reply, Extension of Time to File Response/Reply
2/3/2025 ORDER as to (17-Cr-487-9) Alexis Valdez. Defendant Alexis Valdez has filed a pro se motion pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 821 seeking an amended presentence investigation report. (ECF No. 352.) By February 24, 2025, the Govern ment shall notify the Court whether it opposes Valdez's request to amend his PSR, and if so, provide reasons for its opposition. The Clerk of Court is respectfully directed to mail a copy of this Order to Valdez. SO ORDERED. ( Responses due by 2/24/2025. )(Signed by Judge Kimba M. Wood on 2/3/2025) [*** Note: On 2/3/2025, the Clerk of Court has mailed a copy of this Order to: Alexis Valdez, Reg. No. 79388-054, FCI Ray Brook, Federal Correctional Institution, P.O. Box 900, Ray Brook, NY 12977. ***] (bw)
2/3/2025Reduce Sentence re Amendment 821
1/21/2025 ORDER as to Alexis Valdez: Defendant Alexis Valdez filed a pro se motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). (ECF No. 348.) The Court ordered the Government to respond to Defendant's motion by February 5, 202 5. (ECF No. 349.) The Government has requested an extension of time to respond. (ECF No. 350.) The Government's request for an extension of time to respond to Mr. Valdez's motion for compassionate release is GRANTED. The Government' ;s response is due March 12, 2025. Mr. Valdez's reply, if any, is due by May 12, 2025, but may be submitted earlier. The Clerk of Court is respectfully directed to mail a copy of this Order and ECF No. 350 to Mr. Valdez at FCI Ray Brook. (Re sponses due by 3/12/2025. Replies due by 5/12/2025) (Signed by Judge Kimba M. Wood on 1/21/2025) (Copy mailed on 1/17/2025 to Defendant at: Alexis Valdez, Reg. No. 79388-054, FCI Ray Brook, FEDERAL CORRECTIONAL INSTITUTION, P.O. BOX 900, RAY BROOK, NY 12977) (ap)
1/17/2025Letter Motion
1/15/2025 ORDER as to Alexis Valdez. Defendant Alexis Valdez has filed a pro se motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). (ECF No. 348.) The Government is ordered to respond to Defendants motion by February 5, 2025. Defend ant's reply, if any, is due by April 6, 2025, but may be submitted earlier. Once the Court receives Defendant's reply, the Court will consider the motion fully briefed and ready for ruling. The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Valdez at FCI Ray Brook (Defendant Replies due by 4/6/2025., Government Responses due by 2/5/2025) [**Order has been mailed out to defendant Alexis Valdez on 1/15/2025 to address: Register #79388-054, USP Canaan, PO Box 300, Waymart, PA 18472**] (Signed by Judge Kimba M. Wood on 1/15/2025)(jw)
1/13/2025Reduce Sentence
6/17/2024Letter
5/21/2024Reply to Response to Motion
4/24/2024 MEMO ENDORSEMENT as to Ariel Acosta (1) granting 343 LETTER MOTION addressed to Judge Kimba M. Wood from USA dated April 23, 2024 re: Consent Request for Extension of Time to File Response to Defendant's Motion for Compassionate Release. ENDORSEMENT: The Government's request is GRANTED. The Government's response is due May 7, 2024. Defendant's reply, if any, is due May 21, 2024. (Signed by Judge Kimba M. Wood on 4/24/2024) (ap)
3/28/2024 ORDER as to Ariel Acosta: Defendant Ariel Acosta has filed a motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). (ECF No. 339.) The Government is ordered to respond to Defendant's motion by April 12, 2024. Defendant's reply, if any, is due April 26, 2024. (Responses due by 4/12/2024. Replies due by 4/26/2024) (Signed by Judge Kimba M. Wood on 3/28/2024) (ap)
10/12/2023 MEMO ENDORSEMENT granting 337 LETTER MOTION filed by Alexis Valdez (9), addressed to Judge Kimba M. Wood from Attorney Ezra Spilke dated October 5, 2023 re: reappointment for sentence-reduction motion. ENDORSEMENT: The request for reappointment of counsel is GRANTED. Pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A, and the discretion of the Court, Ezra Spilke is hereby reappointed as counsel to represent the Defendant for the purpose of exploring and potentially filing a motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). SO ORDERED. (Signed by Judge Kimba M. Wood on 10/12/2023) (bw)
3/22/2023 OPINION & ORDER as to Alexis Valdez: For the foregoing reasons, Valdez's motion pursuant to 28 U.S.C. § 2255 is DENIED. Because Valdez has not made a substantial showing of the denial of a constitutional right, the Court declines to iss ue a certificate of appealability. See 28 U.S.C. § 2253. Furthermore, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this Order would not be taken in good faith and thus Valdez may not proceed in forma pauper is for any such appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk is respectfully directed to close the motion at ECF No. 328 in case number 17-CR-487, and to mail a copy of this Opinion and Order to Valdez. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/22/2023) (Re: 22-CV-7626 (KMW)) (A copy of this OPINION & ORDER was mailed by the Clerk's Office to Alexis Valdez, Reg. No. 79388-054, U.S.P. Canaan, P.O.Box 300, Waymart, PA 18472) (lnl)
11/9/2022 ORDER as to Ariel Acosta: The Bureau of Prisons has asked this Court (1) whether the Court has ordered that the defendant be credited with time served from 8/9/2017 through 11/12/18, and (2) whether the Court "... is ordering the Federal J &C to run concurrent with the state sentence." The answer to the first question is yes. The Court hereby orders that the defendant be credited for time served from 8/9/2017 through 11/12/2018. The answer to the second question is no. The Court hereby orders that the defendant's federal sentence must run consecutively to the relevant state sentence. (Signed by Judge Kimba M. Wood on 11/9/2022) (ap)
10/12/2022Declaration (non-motion)
10/4/2022Memo Endorsement
10/3/2022Letter
10/3/2022Memo Endorsement
9/30/2022Letter Motion
9/21/2022 ORDER as to Alexis Valdez, currently incarcerated at United States Penitentiary Canaan in Waymart, Pennsylvania, brings this pro se motion under 28 U.S.C. § 2255 challenging the legality of his sentence entered in United States v. Valdez. Th e Court directs Valdez to file a declaration within sixty days of the date of this order showing cause why the motion should not be denied as time-barred. For Valdez's convenience, a declaration form is attached to this order. If Valdez files a declaration within the time allowed, the Court will review it, and if proper, will order that the motion be served on Respondent. If Valdez fails to comply with this order, the motion will be denied as time-barred. No answer will be required at this time. The Court directs the Clerk of Court to file this order in both the civil and criminal cases. Because Valdez has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will no t issue. See 28 U.S.C. § 2253. The Court certifies under 28 U.S.C. §1915(a)(3) that any appeal from this order would not be taken in good faith and therefore informa pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Kimba M. Wood on 9/21/22)(jw)
9/7/2022Vacate (2255)
6/15/2022Probation Form
6/8/2022~Util - Terminate Motions, Memo Endorsement
6/7/2022Early Termination of Probation
6/7/2022Early Termination of Probation
2/17/2022Endorsed Letter
7/8/2021Probation Form
6/10/2021Letter
6/10/2021Letter
6/8/2021Remark, Remark
6/3/2021Transfer Out/Supervised Release - Documents Sent
6/3/2021Transfer Out/Supervised Release
5/27/2021Received Returned Mail
5/20/2021Received Returned Mail
4/21/2021 ORDER as to Alexis Valdez: Valdez's motion for 1) an extension of the time to file a Section 2255 petition and 2) appointment of counsel in connection with the potential petition is DENIED. The Clerk of Court is respectfully directed to mail a copy of this Order to Valdez. (Signed by Judge Kimba M. Wood on 4/21/2021) (See ORDER set forth) (Copy mailed to Defendant at address verified through BOP) (ap) Modified on 4/22/2021 (ap).
4/21/2021 ORDER as to Ariel Acosta: Acosta's motion for 1) an extension of the time to file a Section 2255 petition and 2) appointment of counsel in connection with the potential petition is DENIED. The Clerk of Court is respectfully directed to mail a copy of this Order to Acosta. (Signed by Judge Kimba M. Wood on 4/21/2021) (See ORDER set forth) (Copy mailed to Defendant at address verified through BOP) (ap) Modified on 4/22/2021 (ap).
4/15/2021Letter
4/15/2021Letter
3/10/2021Revocation of Supervised Release - Interim Hearing
3/8/2021 OPINION & ORDER 302 LETTER MOTION re: 302 SECOND LETTER MOTION addressed to Judge Kimba M. Wood from Richard Palma, Attorney for Jaylen Scott-King dated January 21, 2021 re: Motion for Release In Accordance with 18 USC 3582(c). For the foregoing reasons, the Court finds that Scott-King has not demonstrated the existence of extraordinary and compelling reasons warranting release, and that consideration of the Section 3553(a) sentencing factors weighs against release. Accordingly, Scott-King's motion for compassionate release is DENIED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 302. (Signed by Judge Kimba M. Wood on 3/8/21) (jw)
3/2/2021Reply Memorandum of Law in Opposition to Motion
2/25/2021 ORDER as to Kevin Rivera. The Court will hold a remote conference on March 4, 2021, at 12:00 p.m. Members of the press and public who wish to hear the proceedings should dial 917-933-2166 and enter Conference ID 547243828 (Signed by Judge Kimba M. Wood on 2/24/21)(jw)
2/17/2021 MEMO ENDORSEMENT as to Jaylen Scott-King (8) granting 307 THIRD LETTER MOTION addressed to Judge Kimba M. Wood from Richard Palma, Attorney for Jaylen Scott-King dated February 16, 2021 re: Defense Request to File Supplemental Motion to Gover nment Opposition to Defense Compassionate Release Motion under 18 USC 3582. ENDORSEMENT: Granted. Defendant may supplement his motion for compassionate release (ECF No. 302) on or before February 26, 2021. The Government may respond to Defendant's supplemental submission on or before March 5, 2021.. (Signed by Judge Kimba M. Wood on 2/17/2021) (ap)
2/16/2021Letter Motion
2/4/2021Letter
2/4/2021Memorandum in Opposition to Motion
1/28/2021Probation Form
1/22/2021 ORDER as to Jaylen Scott-King: On January 21, 2021, Defendant Jaylen Scott-King moved for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). (ECF No. 302.) No later than February 5, 2021, the Government shall respond to Defendant& #039;s motion. With its response, the Government shall provide the following information, after conferring with the Bureau of Prisons ("BOP") and the United States Probation Office as appropriate. SO ORDERED. (Responses due by 2/5/2021) (See ORDER as set forth) (Signed by Judge Kimba M. Wood on 1/22/2021) (lnl)
1/21/2021Letter Motion
1/12/2021Endorsed Letter
12/29/2020 MEMO ENDORSEMENT as to Jaylen Scott-King (8) on 299 FIRST LETTER MOTION addressed to Judge Kimba M. Wood from Richard Palma, Attorney for Jaylen Scott-King dated December 28, 2020 re: Defense request for CJA appointment to file Motion for Compassionate Release under 18 USC 3582 on behalf of Jaylen Scott-King. ENDORSEMENT: SO ORDERED. (Signed by Judge Kimba M. Wood on 12/29/2020) (lnl)
12/28/2020Letter Motion
12/8/2020 ORDER as to Kevin Rivera: In an effort to reduce all parties' risk of exposure to COVID-19, the conference scheduled for December 16, 2020, is adjourned to March 4, 2021, at 12:00 p.m. If in-person proceedings have not resumed the March 4, 2021, conference will be held remotely. SO ORDERED. (Status Conference set for 3/4/2021 at 12:00 PM before Judge Kimba M. Wood) (Signed by Judge Kimba M. Wood on 12/8/2020) (lnl)
10/14/2020Memo Endorsement
9/30/2020 ORDER as to Kevin Rivera: In an effort to reduce all parties' risk of exposure to COVID-19, the post-sentencing conference scheduled for Wednesday, October 14, 2020, is adjourned to December 16, 2020, at 11:00 a.m. (Status Conference set for 12/16/2020 at 11:00 AM before Judge Kimba M. Wood) (Signed by Judge Kimba M. Wood on 9/30/2020) (ap)
9/22/2020Letter
7/15/2020 ORDER as to Kevin Rivera: In an effort to reduce all parties' risk of exposure to COVID-19, the conference scheduled for Wednesday, July 22, 2020, is adjourned to October 14, 2020, at 11 :00 a.m. SO ORDERED. (Status Conference set for 10/14/2020 at 11:00 AM before Judge Kimba M. Wood) (Signed by Judge Kimba M. Wood on 7/15/2020) (lnl)
5/28/2020 ORDER as to Kevin Rivera: In an effort to reduce all parties' risk of exposure to COVID-19, the conference scheduled for Tuesday, June 2, 2020, is adjourned to July 22, 2020, at 11:00 a.m. (Status Conference set for 7/22/2020 at 11:00 AM before Judge Kimba M. Wood) (Signed by Judge Kimba M. Wood on 5/28/2020) (ap)
5/22/2020USCA Mandate - Final Judgment Appeal
5/22/2020Transmission of USCA Mandate/Order to District Judge
5/22/2020USCA Mandate - Final Judgment Appeal
3/23/2020Set/Reset Hearings as to Kevin Rivera: Status Conference set for 6/2/2020 at 12:00 PM before Judge Kimba M. Wood. (jbo) (Entered: 03/23/2020)
3/23/2020ORDER as to Kevin Rivera. In an effort to reduce all parties' risk of exposure to COVID-19, the conference scheduled for Thursday, April 2, 2020, is adjourned to Tuesday, June 2, 2020, at 12:00 p.m. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/23/2020)(jbo) (Entered: 03/23/2020)
3/11/2020Set/Reset Hearings as to Kevin Rivera: Status Conference set for 4/2/2020 at 12:00 PM before Judge Kimba M. Wood. (lnl) (Entered: 03/11/2020)
3/11/2020MEMO ENDORSEMENT as to Kevin Rivera (4) granting 288 LETTER MOTION addressed to Judge Kimba M. Wood from Elizabeth E. Macedonio dated 3/3/2020 re: Motion to Continue. ENDORSEMENT: The conference is adjourned to April 2, 2020, at 12:00 p.m. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/4/2020) (lnl) (Entered: 03/11/2020)
3/3/2020 LETTER MOTION addressed to Judge Kimba M. Wood from Elizabeth E. Macedonio dated 3/3/2020 re: Motion to Continue . Document filed by Kevin Rivera. (Macedonio, Elizabeth) (Entered: 03/03/2020)
2/28/2020NOTICE OF ATTORNEY APPEARANCE: Elizabeth Edwards Macedonio appearing for Kevin Rivera. Appearance Type: CJA Appointment. (Macedonio, Elizabeth) (Entered: 02/28/2020)
2/21/2020ORDER as to Kevin Rivera ( Status Conference set for 3/18/2020 at 02:00 PM before Judge Kimba M. Wood.)Due to a conflict with the Court's calendar, the conference currently scheduled for March 19, 2020 at 2:00 p.m. is moved to March 18, 2020 at 2:00 p.m. (Signed by Judge Kimba M. Wood on 2/21/20)(jw) (Entered: 02/21/2020)
1/28/2020ORDER as to Ariel Acosta on re: 283 Letter filed by Ariel Acosta. Denied. This Court did not impose a fine on defendant. The Clerk of the Court is requested to send Mr. Ariel Acosta a copy of this Order. (Signed by Judge Kimba M. Wood on 1/28/2020) (Copy mailed to Defendant at address verified through BOP) (ap) (Entered: 01/28/2020)
1/28/2020 LETTER by Ariel Acosta addressed to Honorable Clerk, from Ariel Acosta dated [Not Dated] re: Defendant writes regarding the Fine. (ap) (Entered: 01/28/2020)
12/11/2019Minute Entry for proceedings held before Judge Kimba M. Wood: Status Conference as to Kevin Rivera held on 12/11/2019. Defendant Kevin Rivera is present with his attorney Elizabeth Macedonia. USPO David Mulcahy is present. Post-sentencing conference is held (see transcript.) The next conference will be held on March 19, 2020, at 2:00 p.m. (Status Conference set for 3/19/2020 at 02:00 PM before Judge Kimba M. Wood) (Court Reporter Pam Utter) (ap) (Entered: 12/11/2019)
11/20/2019AMENDED JUDGMENT IN A CRIMINAL CASE as to Derrick Richardson (11). Date of Original Judgment: 11/1/2019. IMPRISONMENT: 140 months, *to run concurrently with the New York State sentence imposed in Case No. 01476/2016.* The court makes the following recommendations to the Bureau of Prisons: That the defendant be designated to a facility on the East Coast that is close to his family. *The Court also notes that the periods of incarceration for the defendant's October 8, 2013 felony drug sale conviction and June 5, 2015 misdemeanor drug possession conviction, reflected respectively at paragraphs 67 and 70 of the September 11, 2019 presentence investigation report, relate to relevant conduct and should be credited toward the defendant's sentence.* (Signed by Judge Victor Marrero on 11/20/2019) (Docketed in 16CR809 and 17CR487) (Signed by Judge Victor Marrero on 11/20/2019) (lnl) (Entered: 11/20/2019)
11/12/2019FIRST LETTER MOTION addressed to Judge Victor Marrero from Bruce Kaye Attorney for Derrick Richardson dated November 12, 2019 re: Request To Amend Judgment Form . Document filed by Derrick Richardson. (Attachments: # 1 Exhibit)(Kaye, Bruce) (Entered: 11/12/2019)
11/8/2019MEMO ENDORSEMENT as to Zora Benitez on MOTION FOR CREDIT TOWARDS SENTENCE FOR HOME DETENTION DURING PRETRIAL PURSUANT 3582. ENDORSEMENT: DENIED. In sentencing defendant leniently, the Court took into account the period of home confinement. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/7/2019) (lnl) (Entered: 11/08/2019)
11/4/2019JUDGMENT IN A CRIMINAL CASE as to Derrick Richardson (3). THE DEFENDANT: pleaded guilty to count(s) 1 of Indictment S3 16 CR 809 (VM) and Count 1 of Indictment 17 CR 487 (KMW). IMPRISONMENT: 140 months. The court makes the following recommendations to the Bureau of Prisons: That the defendant be designated to a facility on the East Coast that is close to his family. SUPERVISED RELEASE: 5 years. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $100.00 due immediately. (Signed by Judge Victor Marrero on 11/1/2019) (ap) (Entered: 11/08/2019)
11/1/2019Minute Entry for proceedings held before Judge Victor Marrero: Sentencing held on 11/1/2019 for Derrick Richardson (3) Count 1. Attorney Bruce Kaye present with defendant. AUSA Anden Chow present for the Government. Court reporter present. Defendant sentenced to 140 months imprisonment and 5 years of supervised release. (jbo) (Entered: 11/04/2019)
10/28/2019 LETTER MOTION addressed to Judge Victor Marrero from Bruce Kaye Attorney for Derrick Richardson dated October 28, 2019 re: Letter of Recommendation submitted by the defense . Document filed by Derrick Richardson. (Attachments: # 1 Exhibit Letter of Recommendation)(Kaye, Bruce) (Entered: 10/28/2019)
10/16/2019ENDORSED LETTER as to Derrick Richardson addressed to Judge Victor Marrero from Jessica Fender/Anden Chow dated 10/15/2019 re: The Government writes to request that the sentencing hearing currently scheduled for November 1, 2019 at 10:45am be moved back half an hour to 11:15am on the same date. The Government has conferred with defense counsel who has no objection. ENDORSEMENT: Request GRANTED. The sentencing of defendant Derrick Richardson herein is rescheduled to 11-1-19 at 11:15 a.m. SO ORDERED. (Sentencing set for 11/1/2019 at 11:15 AM before Judge Kimba M. Wood) (Signed by Judge Victor Marrero on 10/16/2019) (lnl) (Entered: 10/16/2019)
10/8/2019MOTION FOR TIME SERVED CREDITS. Document filed by (17-Cr-487-09) Alexis Valdez. Dated: October 1, 2019. (bw) (Entered: 10/11/2019)
10/1/2019Set/Reset Hearings as to Kevin Rivera: Status Conference set for 12/11/2019 at 12:00 PM before Judge Kimba M. Wood. (jbo) (Entered: 10/01/2019)
10/1/2019Minute Entry for proceedings held before Judge Kimba M. Wood: Status Conference as to Kevin Rivera held on 10/1/2019. Defendant Kevin Rivera is present with attorney Elizabeth Macedonia (CJA on duty.) AUSA Anden Chow is present. USPO David Mulcahy is present. Court reporter Mike McDaniels is present. Post-sentencing conference is held (see transcript.) The next conference will be held on December 11, 2019, at 12:00 p.m. (jbo) (Entered: 10/01/2019)
9/6/2019SECOND LETTER MOTION addressed to Judge Victor Marrero from Bruce Kaye Attorney for Defendant dated September 6, 2019 re: Adjournment of Sentencing . Document filed by Derrick Richardson. (Kaye, Bruce) (Entered: 09/06/2019)
7/1/2019MOTION For Time Served Credits. Document filed by (17-Cr-487-01) Ariel Acosta. Dated: 6/26/2019. (bw) (Entered: 07/02/2019)
6/25/2019ENDORSED LETTER as to Derrick Richardson addressed to Judge Victor Marrero, from Bruce Kaye dated 6/24/2019 re: Defense counsel writes to request an adjournment of sentencing. ENDORSEMENT: Request GRANTED. The sentencing of defendant Derrick Ricahrdson herein is rescheduled to 9-27-19 at 2:30 p.m. (Sentencing set for 9/27/2019 at 02:30 PM before Judge Kimba M. Wood) (Docketed in 16cr809 and 17cr487) (Signed by Judge Victor Marrero on 6/25/2019)(ap) (Entered: 06/25/2019)
5/20/2019~Util - Set/Reset Deadlines/Hearings, Oral Order
5/16/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alexis Valdez. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/17/19 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: 05/16/2019)
5/16/2019TRANSCRIPT of Proceedings as to Alexis Valdez re: Sentence held on 4/17/19 before Judge Kimba M. Wood. Court Reporter/Transcriber: Anita Trombetta, (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 6/6/2019. Redacted Transcript Deadline set for 6/17/2019. Release of Transcript Restriction set for 8/14/2019. (McGuirk, Kelly) (Entered: 05/16/2019)
5/15/2019ORAL ORDER as to Kevin Rivera (4). Status Conference set for 9/18/2019 at 11:00 AM before Judge Kimba M. Wood. (bw) (Entered: 05/20/2019)
5/15/2019Minute Entry for proceedings held before Judge Kimba M. Wood: Status Conference as to (17-Cr-487-04) Kevin Rivera held on 5/15/2019. Defendant Kevin Rivera is present with his attorney Arnold Levine. USPO David Mulcahy is present. Court reporter is present. Post-sentencing conference is held (see transcript.) The next conference will be held on September 18, 2019, at 11:00 a.m. (bw) (Entered: 05/20/2019)
5/4/2019TRANSCRIPT REQUEST by Alexis Valdez for a Sentence proceeding held on 4/17/2019 before Judge Kimba M. Wood re: 267 Notice of Appeal - Final Judgment. Transcript due by 5/14/2019. (Spilke, Ezra) (Entered: 05/04/2019)
4/25/2019Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Alexis Valdez re: [267] Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 04/25/2019)
4/24/2019Appeal Remark as to Alexis Valdez re: [267] Notice of Appeal - Final Judgment. APPEAL FEE WAIVED, ATTORNEY CJA. (tp) (Entered: 04/25/2019)
4/24/2019NOTICE OF APPEAL by Alexis Valdez from 266 Judgment. (tp) (Entered: 04/24/2019)
4/17/2019JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 4/17/2019. Defendant Alexis Valdez (9) pleaded guilty to Count(s) 1 and 2. Count(s) all open are dismissed on the motion of the United States. IMPRISONMENT: 160 months on Count 1, and 60 months on Count 2, to run concurrently. The court makes the following recommendations to the Bureau of Prisons: The Court recommends to the Bureau of Prisons that the defendant be incarcerated at USP Canaan, so that his family may visit him. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: The Court imposes 4 years of supervised release on Count 1, and 3 years on Count 2, to run concurrently. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $200.00, due immediately. (Signed by Judge Kimba M. Wood on 4/17/2019)(bw) (Entered: 04/17/2019)
4/17/2019DISMISSAL OF COUNTS on Government Motion as to Alexis Valdez (9) Count 3-4. (bw) (Entered: 04/17/2019)
4/17/2019Minute Entry for proceedings held before Judge Kimba M. Wood: Sentencing held on 4/17/2019 for Alexis Valdez (9) Count 1,2. Defendant Alexis Valdez is present with his attorney Ezra Spilke. Mitigation specialist Lisa Orloff is present. AUSA Anden Chow is present. Court reporter is present. The defendant is sentenced to 160 months on Count 1, and 60 months on Count 2, to run concurrently.. The Court imposes 4 years of supervised release on Count 1, and 3 years on Count 2, to run concurrently. No fine is imposed. The special assessment of $200 is due immediately. The standard and mandatory conditions of supervised release will apply, along with the following special conditions: The defendant shall participate in an outpatient program approved by the United States Probation Office for substance abuse, which program may include testing to determine whether the defendant has reverted to the use of drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider, as approved by the probation officer. The defendant will be required to contribute to the costs of services rendered (copayment) 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. The 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. You must participate in a cognitive behavioral treatment program under the guidance and supervision of the probation officer, until such time as you are released from the program by the probation officer. The defendant shall be supervised by the district of his residence.All open counts are dismissed, on motion of the Government. The Court recommends to the Bureau of Prisons that the defendant be incarcerated at USP Canaan, so that his family may visit him. The defendant's appeal rights are read. (ap) (Entered: 04/17/2019)
4/17/2019MEMO ENDORSEMENT granting 264 LETTER MOTION filed by Alexis Valdez (9), addressed to Judge Kimba M. Wood from Attorney Ezra Spilke dated April 16, 2019 re: permission for Ms. Infante to address the Court at sentencing. I respectfully submit this letter to request an opportunity for Mr. Valdez's sister Yajaira Infante to address the Court at tomorrow's sentencing hearing. ENDORSEMENT: Granted. SO ORDERED: (Signed by Judge Kimba M. Wood on 4/17/2019) (bw) (Entered: 04/17/2019)
4/16/2019 LETTER MOTION addressed to Judge Kimba M. Wood from Ezra Spilke dated April 16, 2019 re: permission for Ms. Infante to address the Court at sentencing . Document filed by Alexis Valdez. (Spilke, Ezra) (Entered: 04/16/2019)
4/10/2019ORDER as to Alexis Valdez: IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. (Signed by Judge Kimba M. Wood on 4/10/2019) (lnl) (Entered: 04/10/2019)
4/8/2019SENTENCING SUBMISSION by USA as to Alexis Valdez. (Chow, Anden) (Entered: 04/08/2019)
4/3/2019Sentencing Letter by Alexis Valdez addressed to Judge Kimba M. Wood from Ezra Spilke dated April 3, 2019 re: enclosing mitigation report. (Attachments: # 1 Supplement Mitigation Report, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Spilke, Ezra) (Entered: 04/03/2019)
4/3/2019SENTENCING SUBMISSION by Alexis Valdez. (Attachments: # 1 Exhibit Bronx Certificate of Disposition)(Spilke, Ezra) (Entered: 04/03/2019)
3/18/2019ORDER as to Alexis Valdez: Due to a conflict with the Court's calendar, the sentencing currently scheduled for April 9, 2019, is adjourned to Wednesday, April 17, 2019, at 10:30 a.m. SO ORDERED. (Sentencing set for 4/17/2019 at 10:30 AM before Judge Kimba M. Wood) (Signed by Judge Kimba M. Wood on 3/18/2019) (lnl) (Entered: 03/18/2019)
2/12/2019Minute Entry for proceedings held before Judge Kimba M. Wood: Status Conference as to Kevin Rivera held on 2/12/2019. Defendant Kevin Rivera is present with his attorney Arnold Levine. USPO David Mulcahy is present. Court reporter is present. Post-sentencing conference is held (see transcript.) The next conference will be held on May 15, 2019, at 4:45 p.m. (Status Conference set for 5/15/2019 at 04:45 PM before Judge Kimba M. Wood.) (jbo) (Entered: 02/12/2019)
2/4/2019ORDER as to Derrick Richardson: IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. (Signed by Judge Victor Marrero on 2/4/2019) (ap) (Entered: 02/04/2019)
1/31/2019CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by (17-Cr-487-03) Derrick Richardson. (Accepted by Magistrate Judge Barbara C. Moses on 1/31/2019) [*** NOTE: Also docketed in case S3-16-Cr-809(VM). ***] (bw) (Entered: 02/20/2019)
1/31/2019Change of Not Guilty Plea to Guilty Plea as to Derrick Richardson (3) Count 1. (jbo) (Entered: 02/01/2019)
1/31/2019Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Change of Plea Hearing as to Derrick Richardson held on 1/31/2019. Plea entered by Derrick Richardson (3) Guilty as to Count 1. AUSA Anden Chow Pres. Deft Derrick Richardson pres w/attny Bruce Kaye. Consent to proceed before mag filed. Deft plead guilty to ct 1 of Ind 17cr 487. Deft plead guilty to ct 1 of Ind s3 16cr 809. Deft continued detained. Control date of May 1, 2019. (jbo) (Entered: 02/01/2019)
1/23/2019NOTICE of Change of Address as to Alexis Valdez. New Address: Law Offices of Ezra Spilke, 1825 Foster Avenue, Suite 1K, Brooklyn, NY, United States 11230-1834, 718-783-3682. (Spilke, Ezra) (Entered: 01/23/2019)
1/22/2019ORDER as to Kevin Rivera: Due to a conflict with the Court's calendar, the conference currently scheduled for January 28, 2019, is adjourned to Tuesday, February 12, 2019, at 11:00 a.m. (Status Conference set for 2/12/2019 at 11:00 AM before Judge Kimba M. Wood) (Signed by Judge Kimba M. Wood on 1/22/2019) (ap) (Entered: 01/22/2019)
1/16/2019ENDORSED LETTER as to (17-Cr-487-07) Kenneth Sampson addressed to Judge Kimba M. Wood from Attorney Louis V. Fasulo dated January 14, 2019 re: Upon review of outstanding invoices, it has come to my attention that my associate Michael Giordano performed 10 hours of work in this case. In order to obtain payment for work already performed by Mr. Giordano, I respectfully request Your Honor assign Mr. Giordano to this case nunc pro tunc to 8/9/2017 for payment at the hourly rate of $90 per hour - below the presumed hourly rate for full time associate employees listed in the CJA Manual. ENDORSEMENT: Granted. SO ORDERED: (Signed by Judge Kimba M. Wood on 1/16/2019)(bw) (Entered: 01/16/2019)
1/10/2019Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Ariel Acosta re: [253] Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 01/10/2019)
1/9/2019Set/Reset Hearings as to Alexis Valdez: Sentencing set for 4/9/2019 at 11:00 AM before Judge Kimba M. Wood. (ap) (Entered: 01/09/2019)
1/9/2019MEMO ENDORSEMENT as to Alexis Valdez (9) on 251 LETTER MOTION addressed to Judge Kimba M. Wood from Ezra Spilke dated January 8, 2019 re: adjournment of sentencing. ENDORSEMENT: Sentencing is adjourned to April 9, 2019, at 11:00 a.m. Defendant's submission is due by March 26, 2019. Government response is due by April 2, 2019. (Signed by Judge Kimba M. Wood on 1/9/2019) (ap) (Entered: 01/09/2019)
1/8/2019 LETTER MOTION addressed to Judge Kimba M. Wood from Ezra Spilke dated January 8, 2019 re: adjournment of sentencing . Document filed by Alexis Valdez. (Spilke, Ezra) (Entered: 01/08/2019)
1/3/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ariel Acosta. Notice is hereby given that an official transcript of a Sentence proceeding held on 11/13/18 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: 01/03/2019)
1/3/2019TRANSCRIPT of Proceedings as to Ariel Acosta re: Sentence held on 11/13/18 before Judge Kimba M. Wood. 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 1/24/2019. Redacted Transcript Deadline set for 2/4/2019. Release of Transcript Restriction set for 4/3/2019. (McGuirk, Kelly) (Entered: 01/03/2019)
12/28/2018JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 11/13/2018. Defendant Ariel Acosta (1) pleaded guilty to Count(s) 1 and 2. Count(s) all open are dismissed on the motion of the United States. IMPRISONMENT: 160 months on Count 1 and 60 months on Count 2, to run concurrently. The court makes the following recommendations to the Bureau of Prisons: That the defendant be incarcerated as close to New York City as possible. The Court also recommends that the defendant receive emotional and psychological evaluations, and be allowed to participate in the RDAP program. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 4 years on Count 1 and 3 years on Count 2, to run concurrently. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $200.00, due immediately. (Signed by Judge Kimba M. Wood on 11/29/2018)(bw) (Entered: 12/28/2018)
11/13/2018DISMISSAL OF COUNTS on Government Motion as to Ariel Acosta (1) Count 3-4. (bw) (Entered: 12/28/2018)
11/13/2018Minute Entry for proceedings held before Judge Kimba M. Wood: Sentencing held on 11/13/2018 for Ariel Acosta (1) Count 1,2. Defendant Ariel Acosta is present with his attorney Richard Rosenberg. AUSA Drew Skinner is present. Court reporter Pam Utter is present. The defendant is sentenced to 160 months on Count 1, and 60 months on Count 2, to run concurrently. The Court imposes 4 years on Count 1 and 3 years on Count 2, to run concurrently. No fine is imposed. The special assessment of $200 is due immediately. The standard and mandatory conditions of supervised release will apply, along with the following special conditions: You must submit your person, residence, place of business, vehicle, and any property, computers (as defined in 18 U.S.C. � 1030(e) (1)), electronic communications, data storage devices and/or other media under your control to a search on the basis that the probation officer has reasonable suspicion that contraband or evidence of a violation of the conditions of your probation/supervised release may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be grounds for revocation. You must inform any other residents that the premises may be subject to search pursuant to this condition. 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 abuse treatment provider. If you are sentenced to any period of supervision, it is recommended that you be supervised by the district of residence. The Court recommends to the Bureau of Prisons that the defendant be incarcerated as close to New York City as possible. The Court also recommends that the defendant receive emotional and psychological evaluations, and be allowed to participate in the RDAP program. The Court will not file the Judgment until after the defendant's 25th birthday on December 27, 2018. All open counts are dismissed on the motion of the Government. The defendant's appeal rights are read. The defendant is remanded. (jbo)
11/7/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Zora Benitez. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/1/18 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)
11/7/2018TRANSCRIPT of Proceedings as to Zora Benitez re: Sentence held on 10/1/18 before Judge Kimba M. Wood. 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 11/28/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/5/2019. (McGuirk, Kelly)
11/6/2018SENTENCING SUBMISSION by USA as to Ariel Acosta. (Skinner, Drew)
10/30/2018Set/Reset Hearings as to Alexis Valdez: Sentencing set for 1/23/2019 at 10:00 AM before Judge Kimba M. Wood. (ap)
10/30/2018MEMO ENDORSEMENT as to Alexis Valdez (9) on [240] CONSENT LETTER MOTION addressed to Judge Kimba M. Wood from Ezra Spilke dated October 29, 2018 re: adjournment of sentencing. ENDORSEMENT: Sentencing is adjourned to January 23, 2019, at 10:00 a.m. Defendant's submission is due by January 9, 2019. Government submission is due by January 16, 2019. (Signed by Judge Kimba M. Wood on 10/30/2018) (ap)
10/29/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jaylen Scott-King. Notice is hereby given that an official transcript of a Conference proceeding held on 9/19/18 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)
10/29/2018TRANSCRIPT of Proceedings as to Jaylen Scott-King re: Sentence held on 9/19/18 before Judge Kimba M. Wood. 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 11/19/2018. Redacted Transcript Deadline set for 11/29/2018. Release of Transcript Restriction set for 1/27/2019. (McGuirk, Kelly)
10/29/2018CONSENT LETTER MOTION addressed to Judge Kimba M. Wood from Ezra Spilke dated October 29, 2018 re: adjournment of sentencing . Document filed by Alexis Valdez. (Spilke, Ezra)
10/26/2018SENTENCING SUBMISSION by Ariel Acosta. (Attachments: # 1 Exhibits A through G)(Rosenberg, Richard)
10/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Santos Rodriguez. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/17/18 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)
10/23/2018TRANSCRIPT of Proceedings as to Santos Rodriguez re: Sentence held on 9/17/18 before Judge Kimba M. Wood. 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 11/13/2018. Redacted Transcript Deadline set for 11/23/2018. Release of Transcript Restriction set for 1/21/2019. (McGuirk, Kelly)
10/22/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Santos Rodriguez. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/17/18 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)
10/22/2018TRANSCRIPT of Proceedings as to Santos Rodriguez re: Sentence held on 9/17/18 before Judge Kimba M. Wood. 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 11/13/2018. Redacted Transcript Deadline set for 11/23/2018. Release of Transcript Restriction set for 1/20/2019. (McGuirk, Kelly)
10/10/2018ORAL ORDER as to Kevin Rivera (4). Status Conference set for 1/28/2019 at 11:00 AM before Judge Kimba M. Wood. (bw)
10/10/2018Minute Entry for proceedings held before Judge Kimba M. Wood: Status Conference as to (17-Cr-487-4) Kevin Rivera held on 10/10/2018. Defendant Kevin Rivera is present with Probation Officer Jon Bressor (for David Mulcahy.) Court reporter Eve Giniger is present. Post-sentencing conference is held (see transcript.) The next conference will be held on January 28, 2019, at 11:00 a.m. (bw)
10/2/2018JUDGMENT IN A CRIMINAL CASE as to Zora Benitez (2). THE DEFENDANT: pleaded guilty to count 1 (one). Any outstanding counts are dismissed on the motion of the United States. IMPRISONMENT: 36 months. The court makes the following recommendations to the Bureau of Prisons: That the defendant be incarcerated as close to New York City as possible, so that her children may visit. The Court also recommends that the defendant be permitted to participate in the 500 hour RDAP substance abuse treatment program while incarcerated. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 10 a.m. on 1/7/2019. SUPERVISED RELEASE: 5 years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Kimba M. Wood on 10/1/2018)(ap)
10/1/2018Minute Entry for proceedings held before Judge Kimba M. Wood: Sentencing held on 10/1/2018 for Zora Benitez (2) Count 1. Defendant Zora Benitez is present with her attorneys Eric Sears and Jacob Mitchell. AUSA Drew Skinner is present. Court reporter Sam Mauro is present. The defendant is sentenced to 36 months in custody. The Court imposes 5 years of supervised release. No fine is imposed. The special assessment of $100 is due immediately. The standard and mandatory conditions of supervised release apply, along with the following special conditions: You must submit your person, residence, place of business, vehicle, and any property or electronic devices under your control to a search on the basis that the probation officer has reasonable suspicion that contraband or evidence of a violation of the conditions of your probation/supervised release may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be grounds for revocation. You must inform any other residents that the premises may be subject to search pursuant to this condition. 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 abuse 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 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. If you are sentenced to any period of supervision, it is recommended that you be supervised by the district of residence. The Court recommends to the Bureau of Prisons that the defendant be incarcerated as close to New York City as possible, so that her children may visit. The defendant shall voluntarily surrender to the facility designated to her by the Bureau of Prisons by 10:00 a.m. on Monday, January 7, 2019. Any open counts are dismissed on motion of the Government. The defendant's appeal rights are read. (bw)
9/24/2018SENTENCING SUBMISSION by USA as to Zora Benitez. (Skinner, Drew)
9/24/2018JUDGMENT IN A CRIMINAL CASE as to Jaylen Scott-King (8). The defendant pleaded guilty to count 1 (one). All open counts are dismissed on the motion of the United States. IMPRISONMENT: 60 months. The court makes the following recommendations to the Bureau of Prisons: The Court recommends to the Bureau of Prisons that the defendant be incarcerated as close to New York City as possible, so that his family may visit. The Court also recommends that the defendant be allowed to participate in the RDAP program. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 10 am on 12/18/2018. SUPERVISED RELEASE: 4 years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Kimba M. Wood on 9/19/2018) (lnl)
9/24/2018DISMISSAL OF COUNTS on Government Motion as to Jaylen Scott-King (8) Count 2. (lnl)
9/21/2018ORDER as to Kenneth Sampson (7) granting [230] LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 9/20/18 re: Travel Request. Granted. (Signed by Judge Kimba M. Wood on 9/21/2018) (ap)
9/20/2018LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 9/20/18 re: Travel Request . Document filed by Kenneth Sampson. (Fasulo, Louis)
9/19/2018Minute Entry for proceedings held before Judge Kimba M. Wood: Sentencing held on 9/19/2018 for Jaylen Scott-King (8) Count 1. Defendant Jaylen Scott-King is present with his attorney Richard Palma. AUSA Drew Skinner is present. Court reporter is present. The defendant is sentenced to 60 months in custody. The Court imposes 4 years of supervised release. No fine is imposed. The special assessment of $100 is due immediately. The standard and mandatory conditions of supervised release apply, along with the following special conditions: The defendant shall participate in an outpatient program approved by the United States Probation Office for substance abuse, which program may include testing to determine whether the defendant has reverted to the use of drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider, as approved by the probation officer. The defendant will be required to contribute to the costs of services rendered (copayment) in an amount to be determined by the probation officer, based on ability to pay or availability of third-party payment. You must participate in a cognitive behavioral treatment program under the guidance and supervision of the probation officer, until such time as you are released from the program by the probation officer. 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. The 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 shall be supervised by the district of his residence. The defendant must surrender to the facility designated to him by the Bureau of Prisons by 10:00 a.m. on December 18, 2018. The Court recommends to the Bureau of Prisons that the defendant be incarcerated as close to New York City as possible, so that his family may visit. The Court also recommends that the defendant be allowed to participate in the RDAP program. All open counts are dismissed on motion of the Government. The defendant's appeal rights are read. (jbo)
9/17/2018JUDGMENT IN A CRIMINAL CASE as to Santos Rodriguez (5). The defendant pleaded guilty to count 1 (one. All underlying counts are dismissed on the motion of the United States. IMPRISONMENT: 70 months. The court makes the following recommendations to the Bureau of Prisons: The Court recommends to the Bureau of Prisons. that the defendant be incarcerated as close to New York City as possible, so that his mother may visit. The Court recommends that the defendant be considered for the RDAP program. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Kimba M. Wood on 9/17/2018)(lnl)
9/17/2018Minute Entry for proceedings held before Judge Kimba M. Wood:Sentencing held on 9/17/2018 for Santos Rodriguez (5) Count 1. Defendant Santos Rodriguez is present with his attorney Kenneth Paul. AUSA Drew Skinner is present. Court reporter Kris Sellin is present. The defendant is sentenced to 70 months in custody. The Court imposes 3 years of supervised release. No fine is imposed. The special assessment of $100 is due immediately. The standard and mandatory conditions of supervised release apply, along with the following special conditions:The defendant shall participate in an outpatient program approved by the United States Probation Office for substance abuse, which program may include testing to determine whether the defendant has reverted to the use of drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider, as approved by the probation officer. The defendant will be required to contribute to the costs of services rendered (co payment) 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. The 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 shall participate in an outpatient mental health treatment program approved by the United States Probation Office. The defendant shall continue to take any prescribed medications unless otherwise instructed by the health care provider. The defendant shall contribute to the costs of services rendered not covered by third-party payment. The Court authorizes the release of available psychological and psychiatric evaluations and reports, including the presentence investigation report, to the health care provider. The defendant shall be supervised by the district of his residence. The defendant's appeal rights are read. All open counts are dismissed, on motion of the Government. The Court recommends to the Bureau of Prisons, that the defendant be incarcerated as close to New York City as possible, so that his mother may visit. The Court recommends that the defendant be considered for the RDAP program. The defendant is remanded. (jw)
9/13/2018Sentencing Letter by USA as to Santos Rodriguez addressed to Judge Kimba M. Wood from AUSA Drew Skinner dated September 13, 2018 re: Santos Rodriguez Sentencing. (Skinner, Drew)
9/13/2018ORDER as to Santos Rodriguez: The Government is hereby directed to explain to the Court, in a letter to be filed by September 14, 2018, the basis for the discrepancy noted in footnote 1 in its September 11, 2018 letter to the Court. The parties are hereby placed on notice that the Court may determine that the Probation Department is correct in finding the defendant's criminal history score is 13, rather than the criminal history score of 12 assumed in the Plea Agreement. (Signed by Judge Kimba M. Wood on 9/13/2018) (lnl)
9/13/2018SENTENCING SUBMISSION by Jaylen Scott-King. (Attachments: # 1 Exhibit)(Palma, Richard)
9/12/2018SENTENCING SUBMISSION by USA as to Jaylen Scott-King. (Skinner, Drew)
9/11/2018SENTENCING SUBMISSION by USA as to Santos Rodriguez. (Johnson-Skinner, Drew)
9/10/2018ORDER as to Zora Benitez. Due to a conflict with the Court's calendar, the sentencing currently scheduled for September 20, 2018, is adjourned to Monday, October 1, 2018, at 11:30 a.m. SO ORDERED. (Signed by Judge Kimba M. Wood on 9/10/2018)(bw)
9/7/2018SENTENCING SUBMISSION by Santos Rodriguez. (Attachments: # 1 Exhibit Character Letters)(Paul, Kenneth)
9/7/2018ORDER as to Jaylen Scott-King (8) granting [220] FIRST LETTER MOTION addressed to Judge Kimba M. Wood from Richard Palma, Attorney for Jaylen Scott-King dated September 7, 2018 re: Defense request seeking permission for Mr. Scott-King to attend son's birthday party. Application Granted. So Ordered. (Signed by Judge P. Kevin Castel on 9/7/2018) (lnl)
9/7/2018FIRST LETTER MOTION addressed to Judge Kimba M. Wood from Richard Palma, Attorney for Jaylen Scott-King dated September 7, 2018 re: Defense request seeking permission for Mr. Scott-King to attend son's birthday party. . Document filed by Jaylen Scott-King. (Palma, Richard)
9/7/2018Set/Reset Hearings as to Ariel Acosta: Sentencing set for 11/13/2018 at 11:00 AM before Judge Kimba M. Wood. (ap)
9/7/2018ORDER as to Ariel Acosta (1) granting [217] LETTER MOTION addressed to Judge Kimba M. Wood from Richard Rosenberg, Esq. dated September 5, 2018 re: Request to Adjourn Sentencing for 45 Days. Sentencing is adjourned to November 13, 2018 at 11:00 a.m. Defendant's submission is due by October 30, 2018. Government submission is due by November 6, 2018. (Signed by Judge Kimba M. Wood on 9/6/2018) (ap)
9/6/2018LETTER MOTION addressed to Judge Kimba M. Wood from Richard Rosenberg, Esq. dated September 5, 2018 re: Request to Adjourn Sentencing for 45 Days . Document filed by Ariel Acosta. (Rosenberg, Richard)
9/6/2018NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Ariel Acosta: Notice to Attorney Rosenberg, Richard to RE-FILE Document [216] MOTION to Continue Sentencing Date. Use the event type Letter Motion found under the event list Motions. (ka)
9/5/2018MOTION to Continue Sentencing Date. Document filed by Ariel Acosta. (Rosenberg, Richard)
8/31/2018Sentencing Letter by Zora Benitez addressed to Judge Kimba Wood from Eric Sears dated August 31, 2018 re: Sentencing. (Attachments: # 1 SCAN Program - Letter of Support)(Sears, Eric)
8/31/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kevin Rivera. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/24/18 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)
8/31/2018TRANSCRIPT of Proceedings as to Kevin Rivera re: Sentence held on 7/24/18 before Judge Kimba M. Wood. Court Reporter/Transcriber: Sonya Ketter Moore, (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 9/21/2018. Redacted Transcript Deadline set for 10/1/2018. Release of Transcript Restriction set for 11/29/2018. (McGuirk, Kelly)
8/27/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Edwin Roman. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/25/18 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)
8/27/2018TRANSCRIPT of Proceedings as to Edwin Roman re: Sentence held on 7/25/18 before Judge Kimba M. Wood. 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 9/17/2018. Redacted Transcript Deadline set for 9/27/2018. Release of Transcript Restriction set for 11/26/2018. (McGuirk, Kelly)
8/23/2018ORDER as to Kenneth Sampson (7) granting [208] LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 8/23/18 re: Travel request. Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/23/2018) (ap)
8/23/2018LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 8/23/18 re: Travel request . Document filed by Kenneth Sampson. (Fasulo, Louis)
8/16/2018Sentencing Letter by Zora Benitez addressed to Judge Loretta A. Preska from Eric Sears dated August 16, 2018 re: Sentencing. (Attachments: # 1 Employment and Letters)(Sears, Eric)
8/14/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kenneth Sampson. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/16/18 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)
8/14/2018TRANSCRIPT of Proceedings as to Kenneth Sampson re: Sentence held on 7/16/18 before Judge Kimba M. Wood. 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 9/4/2018. Redacted Transcript Deadline set for 9/14/2018. Release of Transcript Restriction set for 11/13/2018. (McGuirk, Kelly)
8/13/2018ORDER as to Zora Benitez ( Sentencing set for 9/20/2018 at 12:00 PM before Judge Kimba M. Wood.) Due to a conflict with the Court's calendar, the sentencing currently scheduled for August 30, 2018, is adjourned to Thursday, September 20, 2018, at 12:00 p.m. (Signed by Judge Kimba M. Wood on 8/13/18)(jw)
8/13/2018ORDER as to Jaylen Scott-King ( Sentencing set for 9/19/2018 at 10:00 AM before Judge Kimba M. Wood.) Due to a conflict with the Court's calendar, the sentencing currently scheduled for August 28, 2018, is adjourned to Wednesday, September 19, 2018, at 10:00 a.m. (Signed by Judge Kimba M. Wood on 8/13/18)(jw)
8/13/2018LETTER MOTION addressed to Judge Kimba M. Wood from Eric Sears dated August 13, 2018 re: Postponement of Sentence . Document filed by Zora Benitez. (Sears, Eric)
8/10/2018SENTENCING SUBMISSION by Zora Benitez. (Attachments: # 1 Letters - Defendant and Supporters)(Sears, Eric)
7/31/2018MEMO ENDORSEMENT granting [198] LETTER MOTION filed by Kenneth Sampson (7), addressed to Judge Kimba M. Wood from Attorney Louis V. Fasulo dated 7/26/18 re: [191] LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 7/19/18 re: Bail Modification Request, re: Clarification on bail modification request. We respectfully request a modification of Mr. Sampson's bail conditions so that he may leave his home at 3:30 pm (or an appropriate time) to also pick up the two minor children whose day camp ends at 4pm, then return to picking up the children at 5:30 pm from aftercare once the school year begins. Additionally, Mr. Sampson requests permission to leave his home on Sundays from 12pm to 3pm so that he may wash his family's clothes at a laundromat near his home and, in so doing, assist his wife (who is currently pregnant) with that household chore. ENDORSEMENT: Granted. SO ORDERED: (Signed by Judge Kimba M. Wood on 7/31/2018) (bw)
7/26/2018LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 7/26/18 re: [191] LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 7/19/18 re: Bail Modification Request . re: Clarification on bail modification request . Document filed by Kenneth Sampson. (Fasulo, Louis)
7/26/2018JUDGMENT IN A CRIMINAL CASE as to Edwin Roman (6). The Defendant pleaded guilty to count 1 (one). IMPRISONMENT: 57 months, with credit for time served. The court makes the following recommendations to the Bureau of Prisons: The Court recommends to the Bureau of Prisons that the defendant be incarcerated as close to New York City as possible, so that family may visit. The Court recommends that the defendant be allowed to participate in the RDAP program. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Kimba M. Wood on 7/26/2018) (ap)
7/25/2018Minute Entry for proceedings held before Judge Kimba M. Wood:Sentencing held on 7/25/2018 for Edwin Roman (6) Count 1. Defendant Edwin Roman is present with his attorney Peter Brill. AUSA Anden Chow is present. Court reporter Raquel Robles is present. The defendant is sentenced to 57 months imprisonment. The Court imposes 3 years of supervised release. No fine is imposed. The special assessment of $100 is due immediately. The standard and mandatory conditions of supervised release apply, along with the following special conditions: The defendant shall participate in an outpatient program approved by the United States Probation Office for substance abuse, which program may include testing to determine whether the defendant has reverted to the use of drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider, as approved by the probation officer. The defendant will be required to contribute to the costs of services rendered (copayment) 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. The 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 shall participate in an outpatient mental health treatment program approved by the United States Probation Office. The defendant shall continue to take any prescribed medications unless otherwise instructed by the health care provider. The defendant shall contribute to the costs of services rendered not covered by third-party payment. The Court authorizes the release of available psychological and psychiatric evaluations and reports, including the presentence investigation report, to the health care provider. The defendant shall be supervised by the district of his residence. The Court recommends to the Bureau of Prisons that the defendant be incarcerated as close to New York City as possible, so that family may visit. The Court recommends that the defendant be allowed to participate in the RDAP program. The defendant's appeal rights are read. The defendant is remanded. (jw)
7/24/2018JUDGMENT IN A CRIMINAL CASE as to Kevin Rivera (4). The defendant pleaded guilty to count 1(one). IMPRISONMENT: Time served. SUPERVISED RELEASE: 3 years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Kimba M. Wood on 7/24/2018) (lnl)
7/24/2018Minute Entry for proceedings held before Judge Kimba M. Wood: Sentencing held on 7/24/2018 for Kevin Rivera (4) Count 1. Defendant Kevin Rivera is present with his attorney Arnold Levine. AUSA Anden Chow is present. Court reporter is present. The defendant is sentenced to time served. The Court imposes 3 years of supervised release. No fine is imposed. The special assessment of $100 is due immediately. The standard and mandatory conditions of supervised release apply, along with the following special conditions: The defendant shall participate in an outpatient program approved by the United States Probation Office for substance abuse, which program may include testing to determine whether the defendant has reverted to the use of drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider, as approved by the probation officer. The defendant will be required to contribute to the costs of services rendered (copayment) 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. The 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 Court removes the previously imposed condition of supervision, that he not be allowed to reside with his mother. The defendant shall report to the Court for a conference every three months while on supervision, beginning on October 10, 2018, at 11:00 a.m. The defendant shall be supervised by the district of his residence. The defendant's appeal rights are read. (lnl)
7/20/2018SENTENCING SUBMISSION by USA as to Edwin Roman. (Chow, Anden)
7/19/2018SENTENCING SUBMISSION by Edwin Roman. (Attachments: # 1 Exhibit A - Letter from Gloria Miranda, # 2 Exhibit B - Letter from Isaiah Roman)(Brill, Peter)
7/19/2018LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 7/19/18 re: Bail Modification Request . Document filed by Kenneth Sampson. (Fasulo, Louis)
7/18/2018JUDGMENT IN A CRIMINAL CASE as to Kenneth Sampson (7). The defendant pleaded guilty to count 1 (one). IMPRISONMENT: 42 months in custody. The court makes the following recommendations to the Bureau of Prisons: The Court recommends to the Bureau of Prisons that the defendant be allowed to participate in the RDAP program, or another drug treatment program. The Court also recommends that the defendant be incarcerated as close to New York City as possible, so that his family may visit. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 10 a.m. on 10/1/2018. SUPERVISED RELEASE: 3 years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Kimba M. Wood on 7/17/2018)(lnl)
7/17/2018SENTENCING SUBMISSION by USA as to Kevin Rivera. (Chow, Anden)
7/16/2018Minute Entry for proceedings held before Judge Kimba M. Wood: Sentencing held on 7/16/2018 for Kenneth Sampson (7) Count 1. Defendant Kenneth Sampson is present with his attorney Louis Fasulo. AUSA Anden Chow is present. Court reporter Pamela Utter is present. The defendant is sentenced to 41 months in custody. The Court imposes 3 years of supervised release. No fine is imposed. The special assessment of $100 is due immediately. The standard and mandatory conditions of supervised release apply, along with the following special conditions: The defendant shall participate in an outpatient program approved by the United States Probation Office for substance abuse, which program may include testing to determine whether the defendant has reverted to the use of drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider, as approved by the probation officer. The defendant will be required to contribute to the costs of services rendered (copayment) 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. The 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 shall be supervised by the district of his residence. The defendant shall surrender to the facility designated to him by the Bureau of Prisons by 10:00 a.m. on October 1, 2018. The Court recommends to the Bureau of Prisons that the defendant be allowed to participate in the RDAP program, or another drug treatment program. The defendant's appeal rights are read. The Court also recommends that the defendant be incarcerated as close to New York City as possible, so that his family may visit. (lnl)
7/13/2018187SEALED DOCUMENT placed in vault. (rz)
7/12/2018SENTENCING SUBMISSION by Kevin Rivera. (Attachments: # 1 Exhibit Letter from mother, # 2 Exhibit Letter from brother, # 3 Exhibit Letter from aunt, # 4 Exhibit letter from friend Rose, # 5 Exhibit Letter from friend Kalina, # 6 Exhibit letter from work supervisor Felix, # 7 Exhibit letter from work supervisor Vaughns, # 8 Exhibit letter from work supervisor Kaminski, # 9 Exhibit Food Safety Certificate)(Levine, Arnold)
7/12/2018ORDER as to Ariel Acosta (1) granting [184] FIRST LETTER MOTION addressed to Judge Kimba M. Wood from Richard H. Rosenberg, Esq. dated 7/11/2018 re: continuance of sentence date. Sentencing is adjourned to September 24, 2018, at 12:00 p.m. Defendant's submission is due by September 10. Government response is due by September 17. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/12/2018) (lnl)
7/12/2018Set/Reset Hearings as to Ariel Acosta: Sentencing set for 9/24/2018 at 12:00 PM before Judge Kimba M. Wood. (lnl)
7/11/2018FIRST LETTER MOTION addressed to Judge Kimba M. Wood from Richard H. Rosenberg, Esq. dated 7/11/2018 re: continuance of sentence date . Document filed by Ariel Acosta. (Rosenberg, Richard)
7/9/2018SENTENCING SUBMISSION by USA as to Kenneth Sampson. (Chow, Anden)
7/2/2018SENTENCING SUBMISSION by Kenneth Sampson. (Fasulo, Louis)
6/20/2018Set/Reset Deadlines/Hearings as to Kenneth Sampson:Defendant Replies due by 7/2/2018. Government Responses due by 7/9/2018. (jw)
6/20/2018MEMO ENDORSEMENT [180] LETTER MOTION Reschedule Sentencing as to Kenneth Sampson...ENDORSEMENT...Defendant's submission is due July 2, Government response is due July 9. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/20/18) (jw)
6/18/2018LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 6/18/18 re: Sentencing submission due dates . Document filed by Kenneth Sampson. (Fasulo, Louis)
6/18/2018Set/Reset Hearings as to Kevin Rivera: Sentencing set for 7/24/2018 at 12:00 PM before Judge Kimba M. Wood. (ap)
6/18/2018ORDER as to Kevin Rivera (4) granting [176] FIRST LETTER MOTION addressed to Judge Kimba M. Wood from Arnold J Levine dated June 14, 2018 re: Adjournment of sentencing. Sentencing is adjourned to July 24, 2018, at 12:00 p.m. Defendant's submission is due by July 10. Government response is due by July 17. (Signed by Judge Kimba M. Wood on 6/18/2018) (ap)
6/18/2018ORDER as to Kenneth Sampson. Due to a conflict with the Court's calendar, the sentencing currently scheduled for June 28, 2018, is adjourned to Monday, July 16, 2018, at 12:00 p.m. SO ORDERED. (Sentencing set for 7/16/2018 at 12:00 PM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 6/18/2018)(ft)
6/14/2018ORDER as to Kenneth Sampson (7) granting [174] LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 6/14/18 re: Travel request.. (Signed by Judge Kimba M. Wood on 6/14/2018) (ap)
6/14/2018FIRST LETTER MOTION addressed to Judge Kimba M. Wood from Arnold J Levine dated June 14, 2018 re: Adjournment of sentencing . Document filed by Kevin Rivera. (Levine, Arnold)
6/14/2018LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 6/14/18 re: Travel request . Document filed by Kenneth Sampson. (Fasulo, Louis)
5/31/2018ORDER as to Santos Rodriguez: IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. (Signed by Judge Kimba M. Wood on 5/30/2018) (lnl)
5/30/2018SENTENCING SCHEDULING ORDER as to Santos Rodriguez ( Sentencing set for 9/17/2018 at 11:00 AM before Judge Kimba M. Wood.) The Defendant is scheduled to be sentenced on September 17, 2018 at 11:00 a.m. The Presentence Investigation Report is due to the Court on September 4, 2018. Any sentencing submissions by Defendant must be made by September 7, 2018, and must state specifically whether Defendant contests any fact in the Presentence Report, and whether Defendant contests the appropriateness of the Probation Officer's Sentencing Recommendation. Defense counsel must arrange for the presentence interview to occur within 14 days of the defendant's guilty plea. The Government must submit a statement of facts to Probation within 14 days of the defendant's guilty plea. The Government must submit its 5K1.1 letter, if applicable, 14 days before sentencing. Probation should contact Chambers if they experience difficulty scheduling the presentence interview or if the PSR will not be completed in a timely fashion. Any response or other submission from the Government is due September 11, 2018. (Signed by Judge Kimba M. Wood on 5/30/18)(jw)
5/29/2018TRANSCRIPT of Proceedings as to Santos Rodriguez re: Plea held on 5/16/18 before Magistrate Judge Barbara C. Moses. 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 6/19/2018. Redacted Transcript Deadline set for 6/29/2018. Release of Transcript Restriction set for 8/27/2018. (McGuirk, Kelly)
5/29/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Santos Rodriguez. Notice is hereby given that an official transcript of a Plea proceeding held on 5/16/18 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)
5/25/2018LETTER by USA as to Derrick Richardson addressed to Judge Kimba M. Wood re: Related Cases Document filed by USA. (Attachments: # 1 Exhibit)(Chow, Anden)
5/24/2018ORDER as to Edwin Roman. IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/23/2018)(ft)
5/24/2018ORDER as to Jaylen Scott-King. IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/24/2018)(ft)
5/24/2018FIRST LETTER MOTION addressed to Judge Kimba M. Wood from Daniel S. Parker dated May 24, 2018 re: request conference to discuss change of counsel and new indictment . Document filed by Derrick Richardson. (Parker, Daniel)
5/23/2018ORDER as to Edwin Roman: The Defendant is scheduled to be sentenced on July 25, 2018 at 10:00 a.m. The Presentence Investigation Report is due to the Court on July 18, 2018. Any sentencing submissions by Defendant must be made by July 19, 2018, and must state specifically whether Defendant contests any fact in the Presentence Report, and whether Defendant contests the appropriateness of the Probation Officer's Sentencing Recommendation. Defense counsel must arrange for the presentence interview to occur within 14 days of the defendant's guilty plea. The Government must submit a statement of facts to Probation within 14 days of the defendant's guilty plea. The Government must submit its SK 1.1 letter, if applicable, 14 days before sentencing. Probation should contact Chambers if they experience difficulty scheduling the presentence interview or if the PSR will not be completed in a timely fashion. Any response or other submission from the Government is due July 23, 2018. SO ORDERED. (Sentencing set for 7/25/2018 at 10:00 AM before Judge Kimba M. Wood. Responses due by 7/23/2018.) (Signed by Judge Kimba M. Wood on 5/23/2018) (lnl)
5/22/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Edwin Roman. Notice is hereby given that an official transcript of a Plea proceeding held on 4/25/18 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)
5/22/2018TRANSCRIPT of Proceedings as to Edwin Roman re: Plea held on 4/25/18 before Magistrate Judge Ona T. Wang. 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 6/12/2018. Redacted Transcript Deadline set for 6/22/2018. Release of Transcript Restriction set for 8/20/2018. (McGuirk, Kelly)
5/22/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ariel Acosta. Notice is hereby given that an official transcript of a Plea proceeding held on 4/30/18 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)
5/22/2018TRANSCRIPT of Proceedings as to Ariel Acosta re: Plea held on 4/30/18 before Magistrate Judge Debra C. Freeman. 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 6/12/2018. Redacted Transcript Deadline set for 6/22/2018. Release of Transcript Restriction set for 8/20/2018. (McGuirk, Kelly)
5/18/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jaylen Scott-King. Notice is hereby given that an official transcript of a Plea proceeding held on 4/30/18 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)
5/18/2018TRANSCRIPT of Proceedings as to Jaylen Scott-King re: Plea held on 4/30/18 before Magistrate Judge Debra C. Freeman. 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 6/8/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/16/2018. (McGuirk, Kelly)
5/18/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Zora Benitez. Notice is hereby given that an official transcript of a Plea proceeding held on 5/2/18 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)
5/18/2018TRANSCRIPT of Proceedings as to Zora Benitez re: Plea held on 5/2/18 before Magistrate Judge Debra C. Freeman. 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 6/8/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/16/2018. (McGuirk, Kelly)
5/17/2018ORDER as to Zora Benitez. IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/17/2018)(ft)
5/17/2018ORDER as to Ariel Acosta. IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/17/2018)(ft)
5/17/2018Set/Reset Deadlines/Hearings as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez: Motions due by 5/30/2018. Replies due by 6/11/2018. Responses due by 6/4/2018. (ft)
5/17/2018ORDER granting [148] LETTER MOTION as to Ariel Acosta (1), Zora Benitez (2), Derrick Richardson (3), Kevin Rivera (4), Santos Rodriguez (5), Edwin Roman (6), Kenneth Sampson (7), Jaylen Scott-King (8), Alexis Valdez (9). Granted. (Signed by Judge Kimba M. Wood on 5/17/2018) (ft)
5/17/2018SENTENCING SCHEDULING ORDER as to Jaylen Scott-King. The Defendant is scheduled to be sentenced on August 28, 2018 at 11 :00 a.m. The Presentence Investigation Report is due to the Court on August 14, 2018. Any sentencing submissions by Defendant must be made by August 17, 2018, and must state specifically whether Defendant contests any fact in the Presentence Report, and whether Defendantcontests the appropriateness of the Probation Officer's Sentencing Recommendation. Defense counsel must arrange for the presentence interview to occur within 14 days of the defendant's guilty plea. The Government must submit a statement of facts to Probation within 14 days of the defendant's guilty plea. The Government must submit its SK 1.1 letter, if applicable, 14 days before sentencing. Probation should contact Chambers if they experience difficulty scheduling the presentence interview or if the PSR will not be completed in a timely fashion. Any response or other submission from the Government is due August 22, 2018. SO ORDERED. (Brief due by 8/17/2018, Responses due by 8/22/2018, Sentencing set for 8/28/2018 at 11:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 5/17/2018)(ft)
5/17/2018SENTENCING SCHEDULING ORDER as to Ariel Acosta (Government Responses due by 7/26/2018, Sentencing set for 7/30/2018 at 11:00 AM before Judge Kimba M. Wood.) The Defendant is scheduled to be sentenced on July 30, 2018 at 11:00 a.m.The Presentence Investigation Report is due to the Court on July 23, 2018. Any sentencing submissions by Defendant must be made by July 24, 2018, and must state specifically whether Defendant contests any fact in the Presentence Report, and whether Defendant contests the appropriateness of the Probation Officer's Sentencing Recommendation. Defense counsel must arrange for the presentence interview to occur within 14 days of the defendant's guilty plea. The Government must submit a statement of facts to Probation within 14 days of the defendant's guilty plea. The Government must submit its 5K1.1 letter, if applicable, 14 days before sentencing. Probation should contact Chambers if they experience difficulty scheduling the presentence interview or if the PSR will not be completed in a timely fashion.Any response or other submission from the Government is due July 26, 2018 (Signed by Judge Kimba M. Wood on 5/17/18)(jw)
5/17/2018SENTENCING SCHEDULING ORDER as to Zora Benitez (Government Responses due by 8/23/2018, Sentencing set for 8/30/2018 at 11:00 AM before Judge Kimba M. Wood.)The Defendant is scheduled to be sentenced on August 30, 2018 at 11 :00 a.m.The Presentence Investigation Report is due to the Court on August 16, 2018.Any sentencing submissions by Defendant must be made by August 20, 2018, and must statespecifically whether Defendant contests any fact in the Presentence Report, and whether Defendant contests the appropriateness of the Probation Officer's Sentencing Recommendation. Defense counsel must arrange for the presentence interview to occur within 14 days of the defendant's guilty plea. The Government must submit a statement of facts to Probation within 14 days of the defendant's guilty plea. The Government must submit its 5K1.1 letter, if applicable, 14 days before sentencing. Probation should contact Chambers if they experience difficulty scheduling the presentence interview or if the PSR will not be completed in a timely fashion.Any response or other submission from the Government is due August 23, 2018 (Signed by Judge Kimba M. Wood on 5/17/18)(jw)
5/16/2018Change of Not Guilty Plea to Guilty Plea as to Santos Rodriguez (5) Count 1. (jw)
5/16/2018Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses:Change of Plea Hearing as to Santos Rodriguez held on 5/16/2018., Plea entered by Santos Rodriguez (5) Guilty as to Count 1. AUSA Anden Chow present. Deft Santos Rodriguez present. Consent to proceed before Mag filed. Deft plead guilty to Count 1. Deft continued detained. Control date set for 8/14/18 (jw)
5/16/2018CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by (17-Cr-487-05) Santos Rodriguez. (Accepted by Magistrate Judge Barbara C. Moses on 5/16/2018) (bw)
5/15/2018LETTER MOTION addressed to Judge Kimba M. Wood re: Extension of Motions Deadline . Document filed by USA as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez. (Chow, Anden)
5/10/2018MEMO ENDORSEMENT as to Kenneth Sampson (7): granting in part and denying in part [146] LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 5/8/2018 re: Travel request. ENDORSEMENT: The Court grants request number (1), and denies request number (2). So Ordered. (Signed by Judge Kimba M. Wood on 5/10/2018) (ap)
5/8/2018LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 5/8/2018 re: Travel request . Document filed by Kenneth Sampson. (Fasulo, Louis)
5/2/2018CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by (17-Cr-487-02) Zora Benitez. (Accepted by Magistrate Judge Debra C. Freeman on 5/2/2018) (bw)
5/2/2018Order of Referral to Probation for Presentence Investigation and Report as to Zora Benitez. (Signed by Magistrate Judge Debra C. Freeman on 5/2/18)(jbo)
5/2/2018Change of Not Guilty Plea to Guilty Plea as to Zora Benitez (2) Count 1. (jbo)
5/2/2018Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Change of Plea Hearing as to Zora Benitez held on 5/2/2018. Plea entered by Zora Benitez (2) Guilty as to Count 1. Defendant appears with attorney Eric Sears. AUSA Anden Chow present for the Government. Court reporter present. Defendant withdraws plea of not guilty and enters a plea of guilty to count 1 of the indictment. Judge Freeman recommends that Judge Wood accept the proffered plea. PSI ordered. Bail continued. Control date 8/30/18. (jbo)
5/2/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alexis Valdez. Notice is hereby given that an official transcript of a Plea proceeding held on 4/20/18 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)
5/1/2018Order of Referral to Probation for Presentence Investigation and Report, Change of Not Guilty Plea
4/30/2018Order of Referral to Probation for Presentence Investigation and Report as to Jaylen Scott-King. (Signed by Magistrate Judge Debra C. Freeman on 4/30/18)(jw)
4/30/2018Change of Not Guilty Plea to Guilty Plea as to Jaylen Scott-King (8) Count 1. (jw)
4/30/2018Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman:Change of Plea Hearing as to Jaylen Scott-King held on 4/30/2018., Plea entered by Jaylen Scott-King (8) Guilty of Lesser Offense as to Count 1. Defendant appears with attorney Richard Palma. AUSA Anden Chow present for theGovernment. Court reporter present. Defendant withdraws plea of not guilty and enters a plea of guilty to the lesser included offense of count 1 of the indictment. Judge Freeman recommends that Judge Wood accept the proffered plea. PSI ordered. Bail continued. Control date 8/28/18. (jw)
4/30/2018Order of Referral to Probation for Presentence Investigation and Report as to Ariel Acosta. (Signed by Magistrate Judge Debra C. Freeman on 4/30/2018)(jw)
4/30/2018Change of Not Guilty Plea to Guilty Plea as to Ariel Acosta (1) Count 1,2. (jw)
4/30/2018Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman:Change of Plea Hearing as to Ariel Acosta held on 4/30/2018., Plea entered by Ariel Acosta (1) Guilty of Lesser Offense as to Count 1,2. Defendant appears with attorney Richard Rosenberg. AUSA Aden Chow present for the Government. Court reporter present. Defendant withdraws plea of not guilty and enters a plea of guilty to the lesser included offense of count 1 and guilty to count 2 of the indictment. Judge Freeman recommends that Judge Wood accept the proffered plea. PSI ordered. Detention continued. Control date 7/30/18. (jw)
4/30/2018***DELETED DOCUMENT. Deleted document number 143. SENTENCING SCHEDULING ORDER, as to Kenneth Sampson (7). The document was incorrectly filed in this case. [*** NOTE: This Order was already docketed as doc.# 139. ***] (bw)
4/30/2018SENTENCING SCHEDULING ORDER as to (17-Cr-487-07) Kenneth Sampson. The Defendant is scheduled to be sentenced on June 28, 2018 at 2:30 p.m. The Presentence Investigation Report is due to the Court on June 14, 2018. Any sentencing submissions by Defendant must be made by June 19,2018, and must state specifically whether Defendant contests any fact in the Presentence Report, and whether Defendant contests the appropriateness of the Probation Officer's Sentencing Recommendation. Probation should contact Chambers if they experience difficulty scheduling the presentence interview or if the PSR will not be completed in a timely fashion. Any response or other submission from the Government is due June 25, 2018. SO ORDERED: (Signed by Judge Kimba M. Wood on 4/30/2018)(bw)
4/30/2018SENTENCING SCHEDULING ORDER as to (17-Cr-487-04) Kevin Rivera. The Defendant is scheduled to be sentenced on July 2, 2018, at 2:30 p.m. The Presentence Investigation Report is due to the Court on June 18, 2018. Any sentencing submissions by Defendant must be made by June 21, 2018, and must state specifically whether Defendant contests any fact in the Presentence Report, and whether Defendant contests the appropriateness of the Probation Officer's Sentencing Recommendation. Probation should contact Chambers if they experience difficulty scheduling the presentence interview or if the PSR will not be completed in a timely fashion. Any response or other submission from the Government is due June 26, 2018. SO ORDERED: (Signed by Judge Kimba M. Wood on 4/30/2018)(bw)
4/30/2018CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Jaylen Scott-King. (jm)
4/30/2018CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Ariel Acosta. (jm)
4/30/2018SENTENCING SCHEDULING ORDER as to Kenneth Sampson ( Responses due by 6/25/2018) The Defendant is scheduled to be sentenced on June 28, 2018 at 2:30 p.m. The Presentence Investigation Report is due to the Court on June 14, 2018. Any sentencing submissions by Defendant must be made by June 19,2018, and must state specifically whether Defendant contests any fact in the Presentence Report, and whether Defendant contests the appropriateness of the Probation Officer's Sentencing Recommendation. Probation should contact Chambers if they experience difficulty scheduling the presentence interview or if the PSR will not be completed in a timely fashion. Any response or other submission from the Government is due June 25, 2018. (Signed by Judge Kimba M. Wood on 4/30/18)(jw)
4/26/2018MEMO ENDORSEMENT as to (17-Cr-487-09) Alexis Valdez on re: [137] LETTER MOTION filed by Alexis Valdez addressed to Judge Kimba M. Wood from Attorney Ezra Spilke dated April 25, 2018 re: adjournment of sentencing control date. ENDORSEMENT: Sentencing is adjourned to November 14, 2018, at 11:00 a.m. Defendant's submission is due October 31. Government response is due November 7. SO ORDERED: (Signed by Judge Kimba M. Wood on 4/26/2018)(bw)
4/25/2018LETTER MOTION addressed to Judge Kimba M. Wood from Ezra Spilke dated April 25, 2018 re: adjournment of sentencing control date . Document filed by Alexis Valdez. (Spilke, Ezra)
4/25/2018CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Edwin Roman. (jw)
4/25/2018Order of Referral to Probation for Presentence Investigation and Report as to Edwin Roman. (Signed by Magistrate Judge Ona T. Wang on 4/25/18)(jw)
4/25/2018Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Change of Plea Hearing as to Edwin Roman held on 4/25/2018., Plea entered by Edwin Roman (6) Guilty as to Count 1. Defendant appears with Atty Peter Brill. AUSA Andrew Chan for the Government. Court reporter present. Defendant withdraws plea of not guilty and enters a plea of guilty to Count 1. Magistrate Judge Wang recommends that Judge Kimba Wood accept the plea. PSI ordered. Control date 7/25/18. Detention continued (jw)
4/25/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ariel Acosta, Zora Benitez, Derrick Richardson, Jaylen Scott-King, Alexis Valdez. Notice is hereby given that an official transcript of a Conference proceeding held on 3/27/18 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)
4/25/2018TRANSCRIPT of Proceedings as to Ariel Acosta, Zora Benitez, Santos Rodriguez, Jaylen Scott-King, Alexis Valdez re: Conference held on 3/27/18 before Judge Kimba M. Wood. 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 5/16/2018. Redacted Transcript Deadline set for 5/29/2018. Release of Transcript Restriction set for 7/24/2018. (McGuirk, Kelly)
4/20/2018CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Alexis Valdez. (jw)
4/20/2018Order of Referral to Probation for Presentence Investigation and Report as to Alexis Valdez. (Signed by Magistrate Judge Ona T. Wang on 4/20/18)(jbo)
4/20/2018Change of Not Guilty Plea to Guilty Plea as to Alexis Valdez (9) Count 1,2. (jbo)
4/20/2018Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Change of Plea Hearing as to Alexis Valdez held on 4/20/2018. Plea entered by Alexis Valdez (9) Guilty as to Count 1,2. Defendant present with counsel Ezra Spilke. A.U.S.A. - Drew Skinner present for the Government. Defendant withdraws plea of not guilty and enters a plea of Guilty to Count #1 and 2. Mag. Judge Wang recommends that District Judge Kimba Wood accept the plea. Court reporter present. PSI ordered. Detention continued. Sentencing Date is scheduled for July 20, 2018 at 10:00 am. (Sentencing set for 7/20/2018 at 10:00 AM before Judge Kimba M. Wood.) (jbo)
4/11/2018MEMO ENDORSEMENT as to Ariel Acosta (1) granting [131] CONSENT LETTER MOTION addressed to Judge Kimba M. Wood from Richard Rosenberg dated April 10, 2018 re: Requesting a Short Final Adjournment of the Motion Deadline. ENDORSEMENT: Granted. Any defense motions are now due April 16, 2018. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/11/2018) (lnl)
4/11/2018Set/Reset Deadlines/Hearings as to Ariel Acosta: Motions due by 4/16/2018. (lnl)
4/10/2018CONSENT LETTER MOTION addressed to Judge Kimba M. Wood from Richard Rosenberg dated April 10, 2018 re: Requesting a Short Final Adjournment of the Motion Deadline . Document filed by Ariel Acosta. (Rosenberg, Richard)
4/2/2018ORDER as to Kevin Rivera. IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED (Signed by Judge Kimba M. Wood on 4/2/18)(jw)
4/2/2018ORDER as to Kenneth Sampson. IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/2/18)(jw)
3/27/2018Minute Entry for proceedings held before Judge Kimba M. Wood: Pretrial Conference as to Ariel Acosta, Zora Benitez, Derrick Richardson, Santos Rodriguez, Edwin Roman, Jaylen Scott-King, Alexis Valdez held on 3/27/2018. Defendant Ariel Acosta is present with his attorneys Richard Rosenberg and Clara Kalhous. Zora Benitez is present with her attorney Jacob Mitchell (for Eric Sears.) Defendant Derrick Richardson is present with his attorney Daniel Parker. Defendant Santos Rodriguez is present with his attorney Kenneth Paul. Defendant Edwin Roman is present with attorney Ezra Spilke (standing in for Peter Brill.) Defendant Jaylen Scott-King is present with his attorney Richard Palma. Defendant Alexis Valdez is present with his attorney Ezra Spilke. AUSAs Anden Chow and Drew Skinner are present. Court reporter is present. Pretrial conference is held (see transcript.) Joint voir dire and requests to charge are due by June 18, 2018. Motions in limine are due by May 21, 2018. Responses are due June 4, 2018, and replies are due June 11, 2018. Trial is scheduled for July 9, 2018, at 9:00 a.m. Time is excluded through July 9, 2018. (Jury Trial set for 7/9/2018 at 09:00 AM before Judge Kimba M. Wood.) (jbo)
3/27/2018MEMO ENDORSEMENT as to Edwin Roman (6)granting [126] LETTER MOTION addressed to Judge Kimba M. Wood from Peter E. Brill dated March 26, 2018 re: Allow co-counsel to stand in for status conference. ENDORSEMENT: SO ORDERED. (Signed by Judge Kimba M. Wood on 3/27/2018) (lnl)
3/27/2018MEMO ENDORSEMENT as to Zora Benitez (2) granting [125] LETTER MOTION addressed to Judge Kimba M. Wood from Eric M. Sears dated March 26, 2018 re: Allowing co-counsel to appear on my behalf. ENDORSEMENT: SO ORDERED. (Signed by Judge Kimba M. Wood on 3/27/2018) (lnl)
3/26/2018LETTER MOTION addressed to Judge Kimba M. Wood from Peter E. Brill dated March 26, 2018 re: Allow co-counsel to stand in for status conference . Document filed by Edwin Roman. (Brill, Peter)
3/26/2018LETTER MOTION addressed to Judge Kimba M. Wood from Eric M. Sears dated March 26, 2018 re: Allowing co-counsel to appear on my behalf . Document filed by Zora Benitez. (Sears, Eric)
3/26/2018ORDER as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez. Due to a conflict with the Court's calendar, the conference currently scheduled for Tuesday, March 27, 2018, at 3:00 p.m., is rescheduled for 11:30 a.m. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/26/2018)(bw)
3/20/2018MEMO ENDORSEMENT as to Kevin Rivera on re: [119] MOTION to Modify Conditions of Release filed by Kevin Rivera. ENDORSEMENT: GRANTED. (Signed by Judge Kimba M. Wood on 3/20/2018)(ft)
3/20/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kenneth Sampson. Notice is hereby given that an official transcript of a Plea proceeding held on 3/8/18 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)
3/20/2018TRANSCRIPT of Proceedings as to Kenneth Sampson re: Plea held on 3/8/18 before Magistrate Judge Katharine H. Parker. 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 4/10/2018. Redacted Transcript Deadline set for 4/20/2018. Release of Transcript Restriction set for 6/18/2018. (McGuirk, Kelly)
3/20/2018MEMO ENDORSEMENT as to Zora Benitez (2)granting [118] LETTER MOTION addressed to Judge Kimba M. Wood from Eric Sears dated March 13, 2018 re: Modify Bond Conditions. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/15/2018) (lnl)
3/20/2018NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Kevin Rivera: Notice to Attorney Arnold Jay Levine to RE-FILE Document [119] MOTION to Modify Conditions of Release. Use the event type Letter Motion found under the event list Motions. (ka)
3/16/2018MOTION to Modify Conditions of Release . Document filed by Kevin Rivera. (Levine, Arnold)
3/13/2018LETTER MOTION addressed to Judge Kimba M. Wood from Eric Sears dated March 13, 2018 re: Modify Bond Conditions . Document filed by Zora Benitez. (Sears, Eric)
3/12/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kevin Rivera. Notice is hereby given that an official transcript of a Plea proceeding held on 2/28/18 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)
3/12/2018TRANSCRIPT of Proceedings as to Kevin Rivera re: Plea held on 2/28/18 before Magistrate Judge Gabriel W. Gorenstein. 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 4/2/2018. Redacted Transcript Deadline set for 4/12/2018. Release of Transcript Restriction set for 6/11/2018. (McGuirk, Kelly)
3/9/2018Order of Referral to Probation for Presentence Investigation and Report, Change of Not Guilty Plea
3/8/2018CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Kenneth Sampson. (jm)
3/8/2018Order of Referral to Probation for Presentence Investigation and Report as to Kenneth Sampson. (Signed by Magistrate Judge Katharine H. Parker on 3/8/18)(jw)
3/8/2018Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker:Change of Plea Hearing as to Kenneth Sampson held on 3/8/2018., Plea entered by Kenneth Sampson (7) Guilty as to Count 1. Defendant present with Louis Fasulo. A.U.S.A. Drew Skinner present for the Government. Defendant enters a plea of Guilty to count One. Mag. Judge Katharine H. Parker recommends that Judge Wood accept the plea. Court reporter present for Rebecca Foreman. Defendant continued on bail. Interpreter: None. Control Date set for 06/08/2018. PSI Ordered. Transcript Ordered (jw)
3/8/2018Change of Not Guilty Plea to Guilty Plea as to Kenneth Sampson (7) Count 1. (jw)
3/5/2018ORDER granting [113] LETTER MOTION as to Kenneth Sampson (7). Granted. (Signed by Judge Kimba M. Wood on 3/5/2018) (ft)
3/2/2018LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 3/2/18 re: Travel request . Document filed by Kenneth Sampson. (Fasulo, Louis)
2/28/2018CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by (17-Cr-487-04) Kevin Rivera. (Accepted by Magistrate Judge Gabriel W. Gorenstein on 2/28/2018) (bw)
2/28/2018Order of Referral to Probation for Presentence Investigation and Report as to Kevin Rivera. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/28/18)(jw)
2/28/2018Change of Not Guilty Plea to Guilty Plea as to Kevin Rivera (4) Count 1. (jw)
2/28/2018Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Change of Plea Hearing as to Kevin Rivera held on 2/28/2018., Plea entered by Kevin Rivera (4) Guilty as to Count 1. Defendant present with counsel Arnold Levine. A.U.S.A. - Drew Skinner present for the Government. Defendant withdraws plea of not guilty and enters a plea of Guilty to Count # 1. Mag. Judge Gorenstein recommends that District Judge Wood accept the plea. Court reporter present. PSI Ordered. Bail continued. Control date set for 6/29/18 (jw)
2/22/2018ORDER as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez. The deadline for submission of defense motions is adjourned from February 27, 2018, until March 27, 2018. The Government shall contact Chambers to inform the Court how long they will need to respond to the motions. Defendants' replies will be due 5 business days after the Government files its response. The status conference scheduled for February 27, 2018, is adjourned until March 27 at 3:00 p.m. Upon balancing the factors specified in 8 U.S.C. � 316l(h)(8), the Court will exclude the time between February 27, 2018 and March 27, 2018 from speedy trial calculations as defense counsel has informed the Court of the parties' active involvement in plea negotiations, and to otherwise meet the ends of justice. Time excluded from 2/27/2018 until 3/27/2018. (Status Conference set for 3/27/2018 at 03:00 PM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 2/22/2018)(ft)
2/22/2018MEMO ENDORSEMENT as to Kenneth Sampson (7) granting [108] LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 2/20/2018 re: Bail modification request. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/21/2018) (lnl)
2/22/2018CONSENT LETTER MOTION addressed to Judge Kimba M. Wood from Richard Rosenberg, Esq. dated February 22, 2018 re: 30-day adjournment of motion schedule requested in order to facilitate ongoing plea negotiations. Document filed by Ariel Acosta. (Rosenberg, Richard)
2/20/2018LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 2/20/2018 re: Bail modification request . Document filed by Kenneth Sampson. (Fasulo, Louis)
2/14/2018Set/Reset Deadlines/Hearings as to Santos Rodriguez (5): Status Conference set for 2/21/2018 at 09:00 AM before Judge Kimba M. Wood. (bw)
2/14/2018ORDER as to (17-Cr-487-05) Santos Rodriguez. The United States Marshals Service (the "Marshals Service") and the Federal Bureau of Prisons ("BOP") are requested to produce the defendant in the above-captioned proceeding to 500 Pearl Street, New York, New York, on Wednesday, February 21, 2018, at 9:00 a.m. to respond to a writ issued by the Bronx County Supreme Court. In the event that the defendant refuses to leave the facility where he is held, or refuses to comply with any rules or procedures of the Marshals Service or the BOP regarding his transportation to the courthouse, the Marshals Service and the BOP may use such force as is reasonably necessary to bring the defendant to the courthouse. SO ORDERED: (Signed by Judge Kimba M. Wood on 2/14/2018)(bw)
2/8/2018LETTER MOTION addressed to Judge Kimba M. Wood re: Force Order . Document filed by USA as to Santos Rodriguez. (Attachments: # 1 Text of Proposed Order)(Chow, Anden)
2/7/2018MEMO ENDORSEMENT granting [104] LETTER MOTION filed by Kenneth Sampson (7), addressed to Judge Kimba M. Wood from Attorney Louis V. Fasulo dated February 6, 2018 re: Modification of Conditions of Release. I write to kindly request this Court modify Mr. Sampson's conditions of bail to allow him to leave the house between 2:45 p.m. and 3:30 p.m. to pick up his child from school. ENDORSEMENT: Granted. SO ORDERED: (Signed by Judge Kimba M. Wood on 2/7/2018) (bw)
2/6/2018LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated February 6, 2018 re: Modification of Conditions of Release . Document filed by Kenneth Sampson. (Fasulo, Louis)
2/1/2018ORDER granting [102] LETTER MOTION as to Zora Benitez (2). Granted. (Signed by Judge Kimba M. Wood on 2/1/2018) (ft)
1/31/2018LETTER MOTION addressed to Judge Kimba M. Wood from Eric Sears dated January 31, 2018 re: Modify Bond Conditions . Document filed by Zora Benitez. (Sears, Eric)
1/16/2018ENDORSED LETTER as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez addressed to Judge Kimba M. Wood from Ezra Spilke, dated 1/11/2018, re: Counsel writes to request permission to submit interim vouchers for legal services rendered under the Criminal Justice Act. Discovery is massive and ongoing. A trial date has not been set and substantial work has been done. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 1/16/2018) (lnl)
1/8/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez. Notice is hereby given that an official transcript of a Conference proceeding held on 12/12/17 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)
1/8/2018TRANSCRIPT of Proceedings as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez re: Conference held on 12/12/17 before Judge Kimba M. Wood. 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 1/29/2018. Redacted Transcript Deadline set for 2/8/2018. Release of Transcript Restriction set for 4/9/2018. (McGuirk, Kelly)
12/27/2017LETTER MOTION addressed to Judge Kimba M. Wood from Arnold Levine dated December 27, 2017 re: modification of bond . Document filed by Kevin Rivera. (Levine, Arnold)
12/14/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Edwin Roman: Notice to Attorney Joseph P. Griffin to RE-FILE Document [97] Notice of Attorney Appearance - Defendant. Use the event type Letter found under the event list Other Documents.***NOTE: Incorrect format. Notice of Appearance should not be in the form of a letter. (ka)
12/13/2017NOTICE OF ATTORNEY APPEARANCE: Joseph P. Griffin appearing for Edwin Roman. Appearance Type: CJA Appointment. (Griffin, Joseph)
12/13/2017MEMO ENDORSEMENT granting [95] LETTER MOTION To request that Joseph Griffin, a full-time associate in my office, be appointed in this matter and allowed to stand in at today's conference as to Edwin Roman. I am required to be in Rockland County Court this morning and will then be before Judge Briccetti in the White Plains courthouse. Mr. Roman does not object to Mr. Griffin's appearance...ENDORSEMENT...Granted. (Signed by Judge Kimba M. Wood on 12/12/17) (jw)
12/12/2017Minute Entry for proceedings held before Judge Kimba M. Wood:Pretrial Conference as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez held on 12/12/2017 ( Pretrial Conference set for 2/27/2018 at 10:00 AM before Judge Kimba M. Wood.) Defendant Ariel Acosta is present with his attorneys Richard Rosenberg and Clara Kalhous. Defendant Zora Benitez is present with attorneys Jacob Mitchell and Eric Sears. Defendant Derrick Richardson is present with attorney Richard Palma (standing in for Daniel Parker.) Defendant Kevin Rivera is present with his attorney Arnold Levine. Defendant Santos Rodriguez is present with his attorney Kenneth Paul. Defendant Edwin Roman is present with attorney Joseph Griffin (standing in for Peter Brill.) Defendant Kenneth Sampson is present with attorney Louis Fasulo. Defendant Jaylen Scott-King is present with attorney Richard Palma. Defendant Alexis Valdez is present with attorney Ezra Spilke. AUSAs Anden Chow and Drew Skinner are present. Court reporter Raquel Robles are present. Pretrial conference is held (see transcript.) Defense counsel shall file pretrial motions by the end of February. The Government shall contact Chambers to inform the Court how long they will need to respond to the motions. Defendants' replies will be due 5 business days after the Government files its response. The next conference will be held on February 27, 2018, at 10:00 a.m. Time is excluded through February 27, 2018. (jw)
12/12/2017LETTER MOTION addressed to Judge Kimba M. Wood from Peter E. Brill dated December 12, 2017 re: Appointment of associate . Document filed by Edwin Roman. (Brill, Peter)
12/11/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Edwin Roman. Notice is hereby given that an official transcript of a Conference proceeding held on 11/16/17 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)
12/11/2017TRANSCRIPT of Proceedings as to Edwin Roman re: Conference held on 11/16/17 before Judge Kimba M. Wood. 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 1/2/2018. Redacted Transcript Deadline set for 1/11/2018. Release of Transcript Restriction set for 3/12/2018. (McGuirk, Kelly)
12/11/2017NOTICE OF ATTORNEY APPEARANCE: Jacob Mitchell appearing for Zora Benitez. Appearance Type: CJA Appointment. Associate (Mitchell, Jacob)
12/11/2017NOTICE of Change of Address as to Zora Benitez. New Address: Law Office of Jacob Barcly Mitchell, 140 Broadway, Suite 4611, New York, NY, USA 10005, 2122042574. (Mitchell, Jacob)
12/11/2017MEMO ENDORSEMENT as to Zora Benitez (2) granting [88] LETTER MOTION addressed to Judge Kimba M. Wood from Eric Sears dated December 8, 2017 re: Modify Bond Conditions. ENDORSEMENT: Granted, so long as defendant maintains full compliance with her other release conditions. SO ORDERED. (Signed by Judge Kimba M. Wood on 12/11/2017) (lnl)
12/11/2017MEMO ENDORSEMENT as to Zora Benitez (2) granting [87] LETTER MOTION addressed to Judge Kimba M. Wood from Eric Sears dated December 8, 2017 re: For Associate Counsel to Appear. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 12/11/2017) (lnl)
12/8/2017LETTER MOTION addressed to Judge Kimba M. Wood from Eric Sears dated December 8, 2017 re: Modify Bond Conditions . Document filed by Zora Benitez. (Sears, Eric)
12/8/2017LETTER MOTION addressed to Judge Kimba M. Wood from Eric Sears dated December 8, 2017 re: For Associate Counsel to Appear . Document filed by Zora Benitez. (Sears, Eric)
12/7/2017LETTER MOTION addressed to Judge Kimba M. Wood from Arnold Levine dated December 7, 2017 re: Bail modification for Kevin Rivera to attend baby shower. Document filed by Kevin Rivera. (Levine, Arnold)
12/5/2017MEMO ENDORSEMENT granting [84] LETTER MOTION as to Derrick Richardson (3). ENDORSEMENT: Granted. (Signed by Judge Kimba M. Wood on 12/5/2017) (ft)
12/5/2017FIRST LETTER MOTION addressed to Judge Kimba M. Wood from Daniel S. Parker dated December 5, 2017 re: Request permission for co-counsel to stand in for me at conference on December 12, 2017. Document filed by Derrick Richardson. (Parker, Daniel)
12/4/2017NOTICE of Change of Address as to Santos Rodriguez. New Address: KENNETH A. PAUL, 140 BROADWAY, SUITE 4610, New York City, NY, United States 10005, 2125878000. (Paul, Kenneth)
12/1/2017ORDER as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez. Due to a conflict with the Court's calendar, the conference currently scheduled for December 14, 2017, is moved to Tuesday, December 12, 2017, at 10:30 a.m. SO ORDERED.(Status Conference set for 12/12/2017 at 10:30 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 11/28/2017)(ft)
11/30/2017NOTICE OF ATTORNEY APPEARANCE: Clara Sophia Kalhous appearing for Ariel Acosta. Appearance Type: CJA Appointment. (associate counsel) (Kalhous, Clara)
11/20/2017TRANSCRIPT of Proceedings as to Edwin Roman re: Detention Hearing held on 9/29/2017 before Magistrate Judge James L. Cott. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973, 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 12/11/2017. Redacted Transcript Deadline set for 12/21/2017. Release of Transcript Restriction set for 2/20/2018. (ft)
11/20/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Edwin Roman. Notice is hereby given that an official transcript of a Detention Hearing proceeding held on 9/29/2017 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)
11/17/2017ORDER as to Kenneth Sampson. The defendant may reside in the Bronx, New York, at the address stated in defense counsel's letter to the Court of October 24, 2017. The defendant may leave his home only for necessary medical appointments, court appearances, meetings with his attorney and meetings with his Pretrial Services Officer. The defendant may also leave his home to take his children to school, from 7:45 a.m. to 8:15 a.m., and to pick up his children from school, from 5:30 p.m. to 6:30 p.m. Any request for modification of these hours must be presented to Pretrial Services, and Pretrial Services may modify these hours at their discretion. The Court authorizes Pretrial Services to allow the defendant to leave his home for purposes of employment, at their discretion (Signed by Judge Kimba M. Wood on 11/16/17)(jw)
11/16/2017Minute Entry for proceedings held before Judge Kimba M. Wood: Bond Hearing as to Edwin Roman held on 11/16/2017. Defendant Edwin Roman is present with his attorney Peter Brill. AUSA Anden Chow is present. Pretrial Officer Marlon Ovalles is present. Court reporter Sam Mauro is present. Bail review hearing is held (see transcript.) The Court denies the defendant's bail application. (jbo)
11/16/2017Minute Entry for proceedings held before Judge Kimba M. Wood: Status Conference as to Kenneth Sampson held on 11/16/2017. Defendant Kenneth Sampson is present with his attorney Louis Fasulo. AUSA Anden Chow is present. Pretrial Services Officer Bernisa Mejia is present. Court reporter is present. Bail review hearing is held (see transcript.) The defendant's bail is modified as follows: The defendant may reside in the Bronx, New York, at the address stated in defense counsels letter to the Court of October 24, 2017. The defendant may leave his home only for necessary medical appointments, court appearances, meetings with his attorney and meetings with his Pretrial Services Officer. The defendant may also leave his home to take his children to school, from 7:45 a.m. to 8:15 a.m., and to pick up his children from school, from 5:30 p.m. to 6:30 p.m. Any request for modification of these hours may be presented to Pretrial Services, and Pretrial Services may modify these hours at their discretion. The Court authorizes Pretrial Services to allow the defendant to leave his home for purposes of employment, at their discretion. (jbo)
11/8/2017Set/Reset Hearings as to Edwin Roman: Bail Hearing set for 11/16/2017 at 12:30 PM before Judge Kimba M. Wood. (lnl)
11/8/2017MEMO ENDORSEMENT as to Edwin Roman (6) on [67] LETTER MOTION addressed to Judge Kimba M. Wood from Peter E. Brill dated October 23, 2017 re: Bail application. ENDORSEMENT: A bail hearing will be held November 16, at 12:30 p.m. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/1/2017) (lnl)
11/8/2017Set/Reset Deadlines/Hearings as to Kenneth Sampson: Bail Hearing set for 11/16/2017 at 11:30 AM before Judge Kimba M. Wood. (lnl)
11/8/2017MEMO ENDORSEMENT as to Kenneth Sampson (7) granting [70] LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 10/24/2017 re: request for court conference regarding bail conditions. ENDORSEMENT: A bail hearing is set for November 16, 2017, at 11:30 a.m. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/1/2017) (lnl)
11/1/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez. Notice is hereby given that an official transcript of a Conference proceeding held on 9/19/17 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)
11/1/2017TRANSCRIPT of Proceedings as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez re: Conference held on 9/19/17 before Judge Kimba M. Wood. 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 11/22/2017. Redacted Transcript Deadline set for 12/4/2017. Release of Transcript Restriction set for 1/30/2018. (McGuirk, Kelly)
11/1/2017ORDER as to Kevin Rivera: ORDERED that the defendant's conditions of release be modified to include substance abuse testing and treatment as directed by Pretrial Services. SO ORDERED. (Signed by Judge Kimba M. Wood on 10/31/2017) (lnl)
10/25/2017MEMO ENDORSEMENT as to Ariel Acosta (1) on [65] LETTER MOTION addressed to Judge Kimba M. Wood from Richard H. Rosenberg, Esq. dated 10/19/2017 re: Appointment of associate counsel pursuant to CJA. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Kimba M. Wood on 10/24/2017) (lnl)
10/25/2017ENDORSED LETTER as to Zora Benitez addressed to Judge Kimba M. Wood from Eric M. Sears, dated 10/9/2017, re: CJA counsel for Zora Benitez writes to request permission to expend CJA funds to retain the services of an associate counsel, to assist me in preparing and organizing the discovery materials and assisting with trial. I respectfully request, therefore, that the approve Mr. Jacob Mitchell to work on this case, as associate counsel, at the billing rate of $90.00/hour, the current CJA rate for services of this sort. ENDORSEMENT: Approved. SO ORDERED. (Signed by Judge Kimba M. Wood on 10/24/2017) (lnl)
10/24/2017LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 10/24/2017 re: request for court conference regarding bail conditions . Document filed by Kenneth Sampson. (Fasulo, Louis)
10/24/2017MEMO ENDORSEMENT granting [66] LETTER MOTION I am seeking permission for Ms. Benitez to accompany her son on these trips, with sufficient time to allow her to be there at departure and return home upon return, to be worked out with pretrial services...ENDORSEMENT...Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 10/24/17) (jw)
10/23/2017LETTER MOTION addressed to Judge Kimba M. Wood from Peter E. Brill dated October 23, 2017 re: Bail application . Document filed by Edwin Roman. (Brill, Peter)
10/20/2017LETTER MOTION addressed to Judge Kimba M. Wood from Eric M. Sears dated October 20,2017 Request to Amend Bond Conditions. Document filed by Zora Benitez. (Sears, Eric)
10/19/2017LETTER MOTION addressed to Judge Kimba M. Wood from Richard H. Rosenberg, Esq. dated 10/19/2017 re: Appointment of associate counsel pursuant to CJA . Document filed by Ariel Acosta. (Rosenberg, Richard)
10/13/2017MEMO ENDORSEMENT granting [63] LETTER MOTION as to Kevin Rivera (4). ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 10/13/2017) (ft)
10/12/2017LETTER MOTION addressed to Judge Kimba M. Wood from Arnold Levine dated October 11, 2017 re: bail modification . Document filed by Kevin Rivera. (Levine, Arnold)
10/6/2017NOTICE OF ATTORNEY APPEARANCE: Christina Cooper appearing for Derrick Richardson. Appearance Type: CJA Appointment. (Cooper, Christina)
10/6/2017MEMO ENDORSEMENT as to Derrick Richardson (3) on [59] FIRST LETTER MOTION addressed to Judge Kimba M. Wood from Daniel S. Parker dated Occtober 4, 2017 re: permission to retain associate counsel. ENDORSEMENT: Authorized at the rate of $110.00 per hour. SO ORDERED. (Signed by Judge Kimba M. Wood on 10/6/2017) (lnl)
10/6/2017MEMO ENDORSEMENT as to Kenneth Sampson (7)granting [58] LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 10/4/2017 re: Bail Modification Request. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 10/6/2017) (lnl)
10/4/2017FIRST LETTER MOTION addressed to Judge Kimba M. Wood from Daniel S. Parker dated Occtober 4, 2017 re: permission to retain associate counsel . Document filed by Derrick Richardson. (Parker, Daniel)
10/4/2017LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 10/4/2017 re: Bail Modification Request . Document filed by Kenneth Sampson. (Fasulo, Louis)
9/29/2017Minute Entry for proceedings held before Magistrate Judge James L. Cott: Bond Hearing as to Edwin Roman held on 9/29/2017. Defendant Edwin Roman present with CJA Attorney Peter Brill, AUSA Drew Johnson-Skinner present for the Government. This is a presumption case and the defendant has not overcome the presumption. For the reasons set forth on the record, defendant's criminal history, as well as the strength of the evidence against the defendant, lead to the conclusion that there are no conditions or combination of conditions that will reasonably assure the safety of the community. (ft)
9/25/2017PRB Bond Entered as to Kenneth Sampson in amount of $ $100,000.00. $100,000 PRB signed by 3 financially responsible people, home confinement (at a residence in Brooklyn, NY that was preapproved by the Government) with an ankle bracelet, and regular Pre-Trial supervision. Further, the defendant would be allowed to work, subject to approval by Pre-Trial Services. BAIL MODIFIED BY JUDGE WOOD ON 9/25/17: TRAVEL LIMITS INCLUDE THE SDNY AND EDNY; SURRENDER OF TRAVEL DOCUMENTS AND NO NEW APPLICATIONS; DRUG TESTING AND TREATMENT AS DIRECTED BY PRE-TRIAL SERVICES; NO CONTACT WITH CO-DEFENDANTS UNLESS IN THE PRESENCE OF HIS ATTORNEY. (ft)
9/25/2017MEMO ENDORSEMENT granting [54] LETTER MOTION as to Kenneth Sampson (7). ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 9/25/2017) (ft)
9/25/2017LETTER MOTION addressed to Judge Kimba M. Wood re: Modification of Bail Conditions . Document filed by USA as to Kenneth Sampson. (Chow, Anden)
9/19/2017Minute Entry for proceedings held before Judge Kimba M. Wood:Pretrial Conference as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez held on 9/19/2017, as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez( Pretrial Conference set for 12/14/2017 at 04:00 PM before Judge Kimba M. Wood.) Defendant Ariel Acosta is present with his attorney Richard Rosenberg. DefendantZora Benitez is present with her attorney Eric Sears. Defendant Derrick Richardson is presentwith his attorney Daniel Parker. Defendant Kevin Rivera is present with his attorney ArnoldLevine. Defendant Santos Rodriguez is present with his attorney Kenneth Paul. Defendant Edwin Roman is present with attorney Joe Griffin (for Peter Brill). Defendant Kenneth Sampson is present with his attorney Louis Fasulo. Defendant Jaylen Scott-King is present with her attorney Richard Palma. Defendant Alexis Valdez is present with his attorney Ezra Spilke. AUSAs Drew Johnson-Skinner and Sarah Krissoff are present. Court reporter is present. Pretrial conference is held (see transcript.) The Court authorizes defendant Rivera to be released today, pursuant to the bail package approved by the Court on September 11, 2017. The next conference will be held on December 14, 2017, at 4:00 p.m. Time is excluded through December 14, 2017. (jw)
9/19/2017Appearance Bond Entered as to (17-Cr-487-04) Kevin Rivera in amount of $50,000.00. $50,000 Recognizance Bond cosigned by three financially responsible persons; travel restricted to the Southern and Eastern Districts of New York; no contact with co-defendants except in presence of counsel; regular pretrial supervision; home detention at residence in the Bronx that has been pre-approved by the Government; electronic monitoring; allowed to go to court, work, his lawyer's office, and medical appointments. [Advice of Penalties and Sanctions dated 9/19/2017 attached. Defendant Released.] (bw)
9/19/201752SEALED DOCUMENT placed in vault. (rz)
9/19/2017MEMO ENDORSEMENT as to Kenneth Sampson (7) granting [50] LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 9/18/2017 re: Request to modify bail conditions. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 9/19/2017) (lnl)
9/18/2017LETTER MOTION addressed to Judge Kimba M. Wood from Louis V. Fasulo dated 9/18/2017 re: Request to modify bail conditions . Document filed by Kenneth Sampson. (Fasulo, Louis)
9/12/2017MEMO ENDORSEMENT granting [45] LETTER MOTION To request an amendment of the bond conditions, as more fully set forth below as to Zora Benitez. To permit Ms. Benitz to leave her residence on weekdays between the hours of 8:00am and 9:00am...ENDORSEMENT...Approved. SO ORDERED. (Signed by Judge Kimba M. Wood on 9/11/17) (jw)
9/12/2017MEMO ENDORSEMENT granting [47] LETTER MOTION To request that Your Honor approve the following bond package upon which the Government and undersigned counsel have agreed as to Kevin Rivera...ENDORSEMENT...Approved. SO ORDERED. (Signed by Judge Kimba M. Wood on 9/11/2017) (jw)
9/11/2017LETTER MOTION addressed to Judge Kimba M. Wood from Arnold Levine dated September 10, 2017 re: set agreed upon Bond package . Document filed by Kevin Rivera. (Levine, Arnold)
9/11/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Kevin Rivera: Notice to Attorney Arnold Jay Levine to RE-FILE Document [46] FIRST MOTION for Bond on consent. Use the event type Letter Motion found under the event list Motions. (ka)
9/10/2017FIRST MOTION for Bond on consent. Document filed by Kevin Rivera. (Levine, Arnold)
9/8/2017LETTER MOTION addressed to Judge Kimba M. Wood from Eric M. Sears dated September 8,2017 re: Bail Modification . Document filed by Zora Benitez as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez. (Attachments: # (1) previous bond modification)(Sears, Eric)
9/6/2017LETTER MOTION addressed to Judge Kimba M. Wood from Eric M. Sears dated September 5,2017 re: Bail Modification . Document filed by Zora Benitez as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez. (Sears, Eric)
9/6/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Zora Benitez: Notice to Attorney Eric Mark Sears to RE-FILE Document [42] MOTION to Modify Conditions of Release. Use the event type Letter Motion found under the event list Motions. (ka)
9/5/2017MOTION to Modify Conditions of Release . Document filed by Zora Benitez as to Ariel Acosta, Zora Benitez, Derrick Richardson, Kevin Rivera, Santos Rodriguez, Edwin Roman, Kenneth Sampson, Jaylen Scott-King, Alexis Valdez. (Sears, Eric)
8/31/2017Order on Letter Motion
8/25/2017Financial Affidavit - CJA23
8/24/201768Arrest Warrant Returned Executed on 8/24/2017 as to Zora Benitez. (ft)
8/23/2017Order on Letter Motion, Order on Letter Motion, Order on Letter Motion, Order on Letter Motion, Order on Letter Motion, Order on Letter Motion, Order on Letter Motion, Order on Letter Motion, Order on Letter Motion
8/23/2017Order to Continue - Speedy Trial, ~Util - Set/Reset Deadlines/Hearings, Order to Continue - Speedy Trial, ~Util - Set/Reset Deadlines/Hearings, Order to Continue - Speedy Trial, ~Util - Set/Reset Deadlines/Hearings, Order to Continue - Speedy Trial, ~Util - Set/Reset Deadlines/Hearings, Order to Continue - Speedy Trial, ~Util - Set/Reset Deadlines/Hearings, ~Util - Set/Reset Deadlines/Hearings, Order to Continue - Speedy Trial, Order to Continue - Speedy Trial, ~Util - Set/Reset Deadlines/Hearings, ~Util - Set/Reset Deadlines/Hearings, Order to Continue - Speedy Trial, Order to Continue - Speedy Trial, ~Util - Set/Reset Deadlines/Hearings
8/10/2017Notice of Attorney Appearance - Defendant
8/10/2017Notice of Attorney Appearance - Defendant
8/10/2017Oral Order, Financial Affidavit - CJA23, Oral Order, Financial Affidavit - CJA23, Oral Order, Financial Affidavit - CJA23, Oral Order, Financial Affidavit - CJA23, Oral Order, Financial Affidavit - CJA23, Oral Order, Financial Affidavit - CJA23, Oral Order
8/9/2017Indictment (Sealed), Indictment (Sealed), Indictment (Sealed), Indictment (Sealed), Indictment (Sealed), Indictment (Sealed), Indictment (Sealed), Indictment (Sealed), Indictment (Sealed)
8/9/2017Order to Unseal Indictment, Order to Unseal Indictment, Order to Unseal Indictment, Order to Unseal Indictment, Order to Unseal Indictment, Order to Unseal Indictment, Order to Unseal Indictment, Order to Unseal Indictment, Order to Unseal Indictment
8/9/2017Financial Affidavit - CJA23, Oral Order, Financial Affidavit - CJA23
8/7/2017Case Filed