USA v. Polk

1:17-cr-00649 | New York Southern District Court

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Division Foley Square
Judge Judge George B. Daniels
Filed Oct. 19, 2017
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Filing Date # Docket Text
4/1/2025~Util - Set/Reset Hearings, Status Conference
3/11/2025~Util - Set/Reset Hearings, Status Conference
3/5/2025~Util - Set/Reset Hearings, Initial Appearance - Revocation Proceedings, Detention Hearing
3/5/2025Financial Affidavit - CJA23, Arrest
3/4/2025Notice of Attorney Appearance - USA
12/18/2024 MEMORANDUM DECISION AND ORDER: Polk's Petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 is DENIED. Furthermore, as Polk has not made a substantial showing of the denial of a federal right, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Tanklejfv. Senkowski, 135 F.3d 235, 241-42 (2d Cir. 1998). This Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal in this case would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 443-44 (1962). The Clerk of the Court is directed to close the motions docketed as ECF No. 1 on docket24-cv-05000, and No. 200 on 17-cr-00649. Additionally, the Clerk of Court is directed to close case number 24-cv-05000 (Signed by Judge George B. Daniels on 12/18/24)(jw)
8/26/2024Memorandum in Opposition to Motion
7/3/2024~Util - Set/Reset Deadlines/Hearings, Memo Endorsement
7/2/2024Letter Motion
7/1/2024Vacate (2255)
12/13/2023Notice of Filing Transcript
12/13/2023Transcript
7/26/2023~Util - Set/Reset Hearings, Revocation of Supervised Release - Interim Hearing
7/24/2023Transfer Out/Supervised Release - Documents Sent
7/24/2023Transfer Out/Supervised Release
7/18/2023 ORDER as to (17-Cr-649-2) Jamel Moss. The violation of supervised release proceeding for Defendant Jamel Moss will be held on July 26, 2023 at 10:00 a.m. SO ORDERED. ( Revocation of Supervised Release - Interim Hearing set for 7/26/2023 at 10:00 AM before Judge George B. Daniels. )(Signed by Judge George B. Daniels on 7/18/2023)(bw)
7/6/2023Sealed Document, Sealed Document, Sealed Document, Sealed Document
4/17/2023Transmission of USCA Mandate/Order to District Judge
4/17/2023USCA Mandate - Final Judgment Appeal
3/28/2023 ORDER as to Timothy Smith: The Clerk of Court is directed to close the open letter motion at ECF No. 177 as having been resolved by this Court's Order at ECF No. 188. Pro Se Motion at ECF No. 178 is denied as moot. The Clerk of Court is directed to close the open motions (ECF Nos. 177 and 178) accordingly. (Signed by Judge George B. Daniels on 3/28/2023) (ap)
2/14/2022 MEMORANDUM DECISION AND ORDER as to Timothy Smith. Magistrate Judge Aaron's Report is ADOPTED. Petitioner's motion to vacate his sentence is DENIED. The Clerk of Court is directed to close the motion, (ECF No. 1), accordingly. (Signed by Judge George B. Daniels on 2/14/2022) (See ORDER set forth) (Docketed in 20cv4195) (ap)
6/9/2021Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript
6/9/2021Transcript, Transcript, Transcript, Transcript
6/9/2021Notice of Filing Transcript
6/9/2021Transcript
6/9/2021Notice of Filing Transcript
6/9/2021Transcript
6/9/2021Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript
6/9/2021Transcript, Transcript, Transcript, Transcript
3/3/2021Letter
11/13/2020Miscellaneous Relief
9/15/2020Letter Motion
7/14/2020 ORDER TO ANSWER, 28 U.S.C. § 2255 as to Timothy Smith... The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, hereby ORDERS that: The Clerk of Court shall electron ically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. Responses due by 9/14/2020. (Signed by Judge George B. Daniels on 7/14/2020) (Docketed in 20cv4195) (ap)
6/9/2020 ORDER as to Timothy Smith: This Court hereby orders that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. Within s ixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleading in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. SO ORDERED. (Signed by Judge George B. Daniels on 6/9/2020) (In Re: 20 Civ. 4195(GBD)) (lnl)
4/13/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Terrell Polk. Notice is hereby given that an official transcript of a Sentence proceeding held on 2/27/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/13/2020)
4/13/2020TRANSCRIPT of Proceedings as to Terrell Polk re: Sentence held on 2/27/2020 before Judge George B. Daniels. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/4/2020. Redacted Transcript Deadline set for 5/14/2020. Release of Transcript Restriction set for 7/13/2020. (McGuirk, Kelly) (Entered: 04/13/2020)
3/10/2020Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Terrell Polk re: [172] Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 03/10/2020)
3/10/2020Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Terrell Polk to US Court of Appeals re: [172] Notice of Appeal - Final Judgment. (tp) (Entered: 03/10/2020)
3/10/2020Appeal Remark as to Terrell Polk re: [172] Notice of Appeal - Final Judgment. APPEAL FEE WAIVED. ATTORNEY CJA. (tp) (Entered: 03/10/2020)
3/10/2020NOTICE OF APPEAL by Terrell Polk from 171 Judgment. (tp) (Entered: 03/10/2020)
2/27/2020JUDGMENT IN A CRIMINAL CASE as to Terrell Polk (1). The Defendant was found guilty on counts one (1), two (2), three (3), four (4) after a plea of not guilty. Counts in underlying Indictment are dismissed on the motion of the United States. IMPRISONMENT: ten (10) years on Count 1, ten (10) years on Count 2, and ten (10) years on Count 4 (each to run concurrently), twenty-five (25) years on Count 3 (to run consecutively to Counts 1, 2, and 4 ). SUPERVISED RELEASE: five (5) years. The court makes the following recommendations to the Bureau of Prisons: Defendant shall be placed in a prison as close to NYC as possible, subject to space and security concerns. The defendant is remanded to the custody of the United States Marshal. ASSESSMENT: $400.00 due immediately. (Signed by Judge George B. Daniels on 2/27/2020) (lnl) (Entered: 02/27/2020)
2/27/2020DISMISSAL OF COUNTS on Government Motion as to Terrell Polk (1) Count 1,2,3. (lnl) (Entered: 02/27/2020)
2/27/2020DISMISSAL OF COUNTS on Government Motion as to Terrell Polk (1) Count 1,2,3 and Jamel Moss (2) Count 1,2 and Kevin Corbett (3) Count 1,2 and Timothy Smith (4) Count 1,2. (lnl) (Entered: 02/27/2020)
2/27/2020Minute Entry for proceedings held before Judge George B. Daniels: Sentencing held on 2/27/2020 for Terrell Polk (1) Count 1s,2s,3s,4s. Attorney(s) present for Government: Michael Kim Krouse. Attorney(s) present for Defendant(s): Sean Michael Maher. Also present: Court Reporter Vincent Bologna; Special Agent Michael Ercolano (FBI). Defendant sentenced to ten (10) years on Count 1, ten (10) years on Count 2, and ten (10) years on Count 4 (each to run concurrently), twenty-five (25) years on Count 3 (to run consecutively), and five (5) years of supervised release. The Government moved to dismiss the underlying indictment, and the motion was GRANTED. (lnl) (Entered: 02/27/2020)
2/25/2020MEMORANDUM DECISION AND ORDER as to Terrell Polk. Defendant's motion for a new trial, (ECF No. 162), is DENIED. The Clerk of Court is directed to close the motion accordingly. (Signed by Judge George B. Daniels on 2/25/2020) (ap) (Entered: 02/25/2020)
2/24/2020SENTENCING SUBMISSION by USA as to Terrell Polk. (Folly, Nicholas) (Entered: 02/24/2020)
2/19/2020SENTENCING SUBMISSION by Terrell Polk. (Attachments: # 1 Exhibit A-D)(Maher, Sean) (Entered: 02/19/2020)
1/28/2020 REPLY MEMORANDUM OF LAW in Support as to Terrell Polk re: 162 MOTION for New Trial (Refiling of Doc. No. 158). . (Maher, Sean) (Entered: 01/28/2020)
1/21/2020 LETTER MOTION addressed to Judge George B. Daniels from Sean M. Maher dated January 21, 2020 re: Extending reply brief due date to January 28, 2020 . Document filed by Terrell Polk. (Maher, Sean) (Entered: 01/21/2020)
1/9/2020 RESPONSE in Opposition by USA as to Terrell Polk re: 162 MOTION for New Trial (Refiling of Doc. No. 158).. (Krouse, Michael) (Entered: 01/09/2020)
12/9/2019AFFIRMATION of Sean M. Maher in Support as to Terrell Polk re 162 MOTION for New Trial (Refiling of Doc. No. 158).. (Refiling of Doc. No. 158-1) (Maher, Sean) (Entered: 12/09/2019)
12/9/2019 MOTION for New Trial (Refiling of Doc. No. 158). Document filed by Terrell Polk. (Maher, Sean) (Entered: 12/09/2019)
12/9/2019***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Terrell Polk: Notice to Attorney Maher, Sean to RE-FILE Document [158] MOTION for New Trial. ERROR(S): Filing Error of Attachment#1. Supporting documents must be filed individually.***NOTE: Separate docket entry for each. (ka) (Entered: 12/09/2019)
12/6/2019Set/Reset Hearings as to Terrell Polk: Sentencing set for 2/27/2020 at 10:00 AM before Judge George B. Daniels. (lnl) (Entered: 12/06/2019)
12/6/2019MEMO ENDORSEMENT as to Terrell Polk (1) granting 160 LETTER MOTION addressed to Judge George B. Daniels from Sean M. Maher dated December 5, 2019 re: Adjournment of sentencing hearing sine die and scheduling Rule 33 briefing schedule. ENDORSEMENT: The December 19, 2019 sentencing is adjourned to February 27, 2020 at 10:00 a.m. (Signed by Judge George B. Daniels on 12/6/2019) (lnl) (Entered: 12/06/2019)
12/5/2019 LETTER MOTION addressed to Judge George B. Daniels from Sean M. Maher dated December 5, 2019 re: Adjournment of sentencing hearing sine die and scheduling Rule 33 briefing schedule . Document filed by Terrell Polk. (Maher, Sean) (Entered: 12/05/2019)
12/5/2019MEMORANDUM in Support by Terrell Polk re 158 MOTION for New Trial .. (Attachments: # 1 Exhibit A-B)(Maher, Sean) (Entered: 12/05/2019)
12/5/2019 MOTION for New Trial . Document filed by Terrell Polk. (Attachments: # 1 Affidavit Attorney Affirmation)(Maher, Sean) (Entered: 12/05/2019)
9/12/2019Set/Reset Hearings as to Terrell Polk: Sentencing set for 12/19/2019 at 10:00 AM before Judge George B. Daniels. (jbo) (Entered: 09/12/2019)
9/12/2019MEMO ENDORSED re: 156 LETTER MOTION Adjournment of sentencing hearing as to Terrell Polk (1)...ENDORSEMENT: SO ORDERED. The sentencing is adjourned form September 26, 2019 to December 19, 2019 at 10am. (Signed by Judge George B. Daniels on 9/12/19) (jbo) (Entered: 09/12/2019)
9/11/2019 LETTER MOTION addressed to Judge George B. Daniels from Sean M. Maher dated September 11, 2019 re: Adjournment of sentencing hearing . Document filed by Terrell Polk. (Maher, Sean) (Entered: 09/11/2019)
7/31/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jamel Moss. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/30/19 CORRECTED has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/31/2019)
7/31/2019TRANSCRIPT of Proceedings as to Jamel Moss re: Sentence held on 5/30/19 CORRECTED before Judge George B. Daniels. 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 8/21/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 10/29/2019. (McGuirk, Kelly) (Entered: 07/31/2019)
6/27/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jamel Moss. Notice is hereby given that an official transcript of a Conference proceeding held on 5/30/19 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: 06/27/2019)
6/27/2019TRANSCRIPT of Proceedings as to Jamel Moss re: Sentence held on 5/30/19 before Judge George B. Daniels. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/18/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/25/2019. (McGuirk, Kelly) (Entered: 06/27/2019)
5/30/2019JUDGMENT as to Jamel Moss (2). Defendant plead guilty to Count(s) 1. Imprisonment: 70 months; Supervised Release: 4 years; All open counts are dismissed. The court makes the following recommendations to the Bureau of Prisons: This Court recommends that Defendant be housed in Fort Dix, or alternatively, in any institution within the state of Pennsylvania, to the extent practicable. It is also recommended that Defendant be enrolled in the Residential Drug Abuse Program ("RDAP") in whichever facility he is housed, to the extent space is available. Special Assessment: $100 due immediately. (Signed by Judge George B. Daniels on 5/30/19)(jbo) (Entered: 05/31/2019)
5/30/2019DISMISSAL OF COUNTS on Government Motion as to Jamel Moss (2) Count 2. (jbo) (Entered: 05/31/2019)
5/30/2019Minute Entry for proceedings held before Judge George B. Daniels: Sentencing held on 5/30/2019 for Jamel Moss (2) Count 1. Attorney(s) present for Government: Nicholas Folly. Attorney(s) present for Defendant(s): Judith Vargas. Also present: Court Reporter Kristen Carannante. Notes: At the start of sentencing, defense counsel objected to the enhancement at page 7 27 of the PSR, which was stricken. The passage regarding Defendant's criminal history computation at page 13 51 was also stricken. Defendant's amended total offense level is therefore 25, and his amended criminal history category is IV, for an amended guidelines range of 84105 months. Defendant is sentenced to seventy (70) months imprisonment and four (4) years supervised released. The mandatory $100 special assessment is imposed. (jbo) (Entered: 05/30/2019)
5/28/2019SENTENCING SUBMISSION by USA as to Jamel Moss. (Folly, Nicholas) (Entered: 05/28/2019)
5/22/2019ENDORSED LETTER as to Jamel Moss addressed to Judge George B. Daniels from Nicholas Folly dated 5/20/19 re: Reschedule Sentencing....ENDORSEMENT: The sentencing is adjourned from May 23, 2019 to May 30, 2019 at 10:00am., as to Jamel Moss( Sentencing set for 5/30/2019 at 10:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/20/19)(jw) (Entered: 05/22/2019)
5/16/2019SENTENCING SUBMISSION by Jamel Moss. (Attachments: # 1 Exhibit A - Letters from Family on Behalf of Jamel Moss, # 2 Exhibit B - Letter from Mr. Jamel Moss to the Court, # 3 Exhibit C - Plea Agreement)(Vargas, Judith) (Entered: 05/16/2019)
5/1/2019ENDORSED LETTER as to Terrell Polk addressed to Judge George B. Daniels from Attorney Sean M. Maher dated April 30, 2019 re: On behalf of Mr. Polk, I respectfully write to request that the sentencing hearing scheduled for May 15, 2019 be rescheduled for the week of September 23, 2019. ENDORSEMENT: The sentencing is adjourned from May 15, 2019 to September 26, 2019 at 10:00 a.m. SO ORDERED: (Signed by Judge George B. Daniels on 5/1/2019)(bw) (Entered: 05/02/2019)
4/30/2019 LETTER MOTION addressed to Judge George B. Daniels from Sean M. Maher dated April 30, 2019 re: Adjournment of sentencing hearing . Document filed by Terrell Polk. (Maher, Sean) (Entered: 04/30/2019)
3/6/2019NOTICE OF ATTORNEY APPEARANCE: Sean Michael Maher appearing for Terrell Polk. Appearance Type: CJA Appointment. (Maher, Sean) (Entered: 03/06/2019)
3/6/2019Attorney update in case as to Terrell Polk. Attorney Sean Michael Maher for Terrell Polk added. Attorney Richard Bruce Lind terminated. (jbo) (Entered: 03/06/2019)
3/6/2019Minute Entry for proceedings held before Judge George B. Daniels: Status Conference as to Terrell Polk held on 3/6/2019. Attorney(s) present for Government: Michael Krouse. Attorney(s) present for Defendant(s): Richard Bruce Lind and Sean Maher. Also present: Court Reporter Mike McDaniel. Notes: Richard Lind relieved as counsel for Defendant and Sean Maher appointed as CJA counsel. Sentencing adjourned to May 15, 2019 at 10 A.M. (Sentencing set for 5/15/2019 at 10:00 AM before Judge George B. Daniels.) (jbo) (Entered: 03/06/2019)
3/5/2019AMENDED JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 1/24/2019. Reason for Amendment: Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36). Defendant Kevin Corbett (3) pleaded guilty to Count(s) 1 and 2. IMPRISONMENT: One (1) year and one (1) day on Count 1 and ten (10) years on Count 2, to run consecutively. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Three (3) years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $200.00. Schedule of Payment (See page 7 of Judgment). (Signed by Judge George B. Daniels on 3/5/2019)(bw) (Entered: 03/05/2019)
2/22/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kevin Corbett. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/24/19 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: 02/22/2019)
2/22/2019TRANSCRIPT of Proceedings as to Kevin Corbett re: Sentence held on 1/24/19 before Judge George B. Daniels. 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 3/15/2019. Redacted Transcript Deadline set for 3/25/2019. Release of Transcript Restriction set for 5/23/2019. (McGuirk, Kelly) (Entered: 02/22/2019)
2/19/2019 LETTER MOTION addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated February 19, 2019 re: Appointment of New CJA counsel To Replace Present Counsel . Document filed by Terrell Polk. (Lind, Richard) (Entered: 02/19/2019)
1/30/2019139SEALED DOCUMENT placed in vault. (mhe) (Entered: 01/30/2019)
1/29/2019MEMO ENDORSEMENT as to Terrell Polk on re: 137 SECOND LETTER MOTION filed by Terrell Polk addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated January 28, 2019 re: Postponement of Sentencing Date. ENDORSEMENT: The sentencing is adjourned to March 7, 2019 at 10:30 a.m. SO ORDERED: (Signed by Judge George B. Daniels on 1/29/2019)(bw) (Entered: 01/29/2019)
1/28/2019SECOND LETTER MOTION addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated January 28, 2019 re: Postponement of Sentencing Date . Document filed by Terrell Polk. (Lind, Richard) (Entered: 01/28/2019)
1/28/2019JUDGMENT as to Kevin Corbett (3), Count(s) 1, 2, Imprisonment: One (1) year and one (1) day on Count 1 and ten (10) years on Count 2, to run consecutively. Supervised Release: Three (3) years. The defendant is remanded to the custody of the United States Marshal. Defendant will participate in an outpatient treatment program approved by the United States Probation Office, whichprogram may include testing to determine whether he has reverted to using drugs or alcohol Defendant must contribute to the cost of services rendered based on his ability to pay and the availability of third-party payments. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance abuse treatment provider. Defendant must participate in an outpatient mental health treatment program approved by the United States Probation Office. Defendant must continue to take any prescribed medications unless otherwise instructed by the health care provider Defendant must contribute to the cost of services rendered based on his ability to pay and the availability of third-party payments. The Court authorizes the release of available psychological and psychiatric evaluations and reports, including the presentence investigation report, to the health care provider. Defendant must submit his person, residence, place of business, vehicle, and any property or electronic devices under his 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 his 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 Defendant must inform any other residents that the premises may be subject to search pursuant to this condition Defendant must provide the probation officer with access to any requested financial information. Defendant shall participate in an educational, vocational, and/or employment program as directed by the Probation Officer. If Defendant is sentenced to any period of supervision, it is recommended that you be supervised by the district of residence. Assessment fee: $200. (Signed by Judge George B. Daniels on 1/28/2019)(ft) (Entered: 01/28/2019)
1/24/2019Minute Entry for proceedings held before Judge George B. Daniels: Sentencing held on 1/24/2019 for Kevin Corbett (3) Count 1,2. Attorney(s) present for Government: Nicholas Folly. Attorney(s) present for Defendant(s): Cesar De Castro. Also present: Court Reporter Kelly Surina. Notes: Defendant sentenced to 1 year and 1 day on Count 1 and the 10-year mandatory minimum on Count 2, followed by 3 years of supervised release. Defendant is also required to pay a $100 special assessment on each Count. (jbo) (Entered: 01/24/2019)
1/23/2019SENTENCING SUBMISSION by Kevin Corbett. (Attachments: # 1 Supplement Letter in Support, # 2 Supplement Letter in Support, # 3 Supplement Letter in Support)(De Castro, Cesar) (Entered: 01/23/2019)
1/17/2019SENTENCING SUBMISSION by USA as to Kevin Corbett. (Folly, Nicholas) (Entered: 01/17/2019)
1/16/2019SENTENCING SUBMISSION by Kevin Corbett. (De Castro, Cesar) (Entered: 01/16/2019)
1/15/2019MEMO ENDORSEMENT as to (17-Cr-649-02) Jamel Moss on re: 131 SECOND LETTER MOTION filed by Jamel Moss, addressed to Judge George B. Daniels from Judith Vargas on behalf of Jamel Moss dated January 14, 2019 re: 2nd Request for Adjournment of Sentencing Hearing. ENDORSEMENT: The conference is adjourned to March 21, 2019 at 9:45 a.m. SO ORDERED: (Signed by Judge George B. Daniels on 1/15/2019)(bw) (Entered: 01/15/2019)
1/14/2019SECOND LETTER MOTION addressed to Judge George B. Daniels from Judith Vargas on behalf of Jamel Moss dated January 14, 2019 re: 2nd Request for Adjournment of Sentencing Hearing . Document filed by Jamel Moss. (Vargas, Judith) (Entered: 01/14/2019)
1/14/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Smith. Notice is hereby given that an official transcript of a Sentence proceeding held on 12/13/18 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: 01/14/2019)
1/14/2019TRANSCRIPT of Proceedings as to Timothy Smith re: Sentence held on 12/13/18 before Judge George B. Daniels. 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 2/4/2019. Redacted Transcript Deadline set for 2/14/2019. Release of Transcript Restriction set for 4/15/2019. (McGuirk, Kelly) (Entered: 01/14/2019)
1/11/2019MEMORANDUM DECISION AND ORDER as to (17-Cr-649-01) Terrell Polk. On October 23, 2017, Defendant Terrell Polk was arrested pursuant to a Sealed Indictment. The operative four-count Superseding Indictment charged Defendant with conspiracy to possess and distribute marijuana and crack cocaine, possession and use of a firearm, and possession of ammunition by a felon. (ECF No. 67.) Trial commenced on September 10, 2018, at which the government presented surveillance video of shootings committed by Defendant, a loaded gun seized from Defendant's car, audio recordings of phone calls Defendant made from prison talking about guns and disputes with rivals, and witness testimony from police officers, experts, and a former member of Defendant's crew, Cicero Williams ("Williams"). A jury found Defendant guilty of all four counts on September 13, 2018. Before this Court is Defendant's November 2, 2018 Motion to Vacate the conviction on Counts One and Four of the Superseding Indictment pursuant to Federal Rule of Criminal Procedure 29 and Count Three pursuant to Federal Rule of Criminal Procedure 33. (ECF No. 109.) Defendant's motion is DENIED....[See this Memorandum Decision And Order]... III. CONCLUSION: Defendant's motion to vacate Counts One and Four of the Superseding Indictment pursuant to Rule 29, and Count Three pursuant to Rule 33 (ECF No. 109), is DENIED. The clerk of court is directed to close the motion accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 1/11/2019)(bw) (Entered: 01/11/2019)
12/17/2018MEMO ENDORSEMENT as to (17-Cr-649-01) Terrell Polk on re: 124 FIRST LETTER MOTION addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated December 12, 2018 re: Extension of Time for Defendant's Sentencing. My client, Terrell Polk, is scheduled to be sentenced on January 17, 2019. I am writing to request a one-month extension of time. ENDORSEMENT: The sentencing is adjourned to February 14, 2019 at 10:00 a.m. SO ORDERED: (Signed by Judge George B. Daniels on 12/17/2018)(bw) (Entered: 12/17/2018)
12/17/2018JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 12/13/2018. Defendant Timothy Smith (4) pleaded guilty to Count(s) 1 and 2. IMPRISONMENT: ten (10) months on Count 1 and five (5) years on Count 2, to run consecutively. -Defendant shall be placed in a correctional facility in the tri-state area. Defendant shall also be placed in the Bureau of Prisons' Residential Drug Abuse Treatment Program. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: three (3) years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $200.00. Schedule of Payments (See page 7 of Judgment). (Signed by Judge George B. Daniels on 12/17/2018)(bw) (Entered: 12/17/2018)
12/14/2018FIRST LETTER MOTION addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated December 14, 2018 re: Extension of Time for Defendant's Sentencing . Document filed by Terrell Polk. (Lind, Richard) (Entered: 12/14/2018)
12/13/2018Minute Entry for proceedings held before Judge George B. Daniels: Sentencing held on 12/13/2018 for Timothy Smith (4) Count 1, 2. Attorney(s) present for Government: Nicholas Folly. Attorney(s) present for Defendant(s): Steven Gary Brill. Also present: Court Reporter. Defendant is sentenced to ten (10) months on Count 1 and sixty (60) months on Count 2, to be served consecutively for a total sentence of seventy (70) months. Defendant is also sentenced to three (3) years supervised release, and is required to pay a mandatory $100 special assessment. Mandatory and standing conditions of supervised release are imposed, including a requirement for Defendant to participate in outpatient treatment, submit to drug and alcohol testing, and comply with other conditions. (ft) (Entered: 12/14/2018)
12/13/2018MEMO ENDORSEMENT granting 122 LETTER MOTION filed by Timothy Smith (4), addressed to Judge George B. Daniels from Attorney Steven Brill dated 12/13/2018 re: recommend Mr. Smith to RADP. Following the Sentencing Hearing today, I realized that I had failed to request that the Court recommend to the Bureau of Prisons ("BOP") that Mr. Smith be placed in the Residential Drug Abuse Treatment Program ("RDAP"). Therefore, I am now respectfully requesting that the Court recommend to the BOP Mr. Smith be placed in the RDAP. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 12/13/2018) (bw) (Entered: 12/13/2018)
12/13/2018LETTER MOTION addressed to Judge George B. Daniels from Steven Brill dated 12/13/2018 re: recommend Mr. Smith to RADP . Document filed by Timothy Smith. (Brill, Steven)
12/12/2018SENTENCING SUBMISSION by Timothy Smith. (Attachments: # 1 Exhibit Certificate, Evaluation and Letters from MCC)(Brill, Steven)
12/7/2018SENTENCING SUBMISSION by Timothy Smith. (Attachments: # 1 Exhibit Letter in Support of Mr. Smith)(Brill, Steven)
12/6/2018SENTENCING SUBMISSION by USA as to Timothy Smith. (Folly, Nicholas)
11/30/2018SENTENCING SUBMISSION by Timothy Smith. (Brill, Steven)
11/27/2018Set/Reset Hearings as to Jamel Moss: Sentencing set for 2/7/2019 at 10:00 AM before Judge George B. Daniels. (jbo)
11/27/2018MEMO ENDORSED re: [115] LETTER MOTION requesting an adjournment of sentencing hearing as to Jamel Moss (2)...ENDORSEMENT: The sentencing is adjourned to February 7, 2019 at 10am. (Signed by Judge George B. Daniels on 11/27/18) (jbo)
11/27/2018LETTER MOTION addressed to Judge George B. Daniels from Judith Vargas on behalf of Jamel Moss dated November 27, 2018 re: Request for Adjournment of Sentencing Hearing . Document filed by Jamel Moss. (Vargas, Judith)
11/21/2018REPLY MEMORANDUM OF LAW in Support as to Terrell Polk re: [109] MOTION to Vacate Conviction on Counts One, Three and Four of the Indictment. . (Lind, Richard)
11/16/2018MEMORANDUM in Opposition by USA as to Terrell Polk re [109] MOTION to Vacate Conviction on Counts One, Three and Four of the Indictment.. (Krouse, Michael)
11/2/2018MEMORANDUM in Support by Terrell Polk re [109] MOTION to Vacate Conviction on Counts One, Three and Four of the Indictment.. (Lind, Richard)
11/2/2018MOTION to Vacate Conviction on Counts One, Three and Four of the Indictment. Document filed by Terrell Polk. (Lind, Richard)
10/25/2018MEMO ENDORSEMENT as to Terrell Polk (1) [106] SECOND LETTER MOTION addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated October 24, 2018 re: One-Week Extension of Time for Defendant To File Post-Trial Motions. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 10/25/2018) (ap)
10/25/2018Set/Reset Deadlines as to Terrell Polk: Motions due by 11/2/2018. (ap)
10/24/2018SECOND LETTER MOTION addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated October 24, 2018 re: One-Week Extension of Time for Defendant To File Post-Trial Motions . Document filed by Terrell Polk. (Lind, Richard)
10/16/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Terrell Polk. Notice is hereby given that an official transcript of a Trial proceeding held on 9/12/18 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)
10/16/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Terrell Polk. Notice is hereby given that an official transcript of a Trial proceeding held on 9/13/18 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)
10/16/2018TRANSCRIPT of Proceedings as to Terrell Polk re: Trial held on 9/13/18 before Judge George B. Daniels. 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 11/6/2018. Redacted Transcript Deadline set for 11/16/2018. Release of Transcript Restriction set for 1/14/2019. (McGuirk, Kelly)
10/16/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Terrell Polk. Notice is hereby given that an official transcript of a Trial proceeding held on 9/11/18 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)
10/16/2018TRANSCRIPT of Proceedings as to Terrell Polk re: Trial held on 9/12/18 before Judge George B. Daniels. 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 11/6/2018. Redacted Transcript Deadline set for 11/16/2018. Release of Transcript Restriction set for 1/14/2019. (McGuirk, Kelly)
10/16/2018TRANSCRIPT of Proceedings as to Terrell Polk re: Trial held on 9/11/18 before Judge George B. Daniels. 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 11/6/2018. Redacted Transcript Deadline set for 11/16/2018. Release of Transcript Restriction set for 1/14/2019. (McGuirk, Kelly)
10/16/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Terrell Polk. Notice is hereby given that an official transcript of a Trial proceeding held on 9/10/18 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)
10/16/2018TRANSCRIPT of Proceedings as to Terrell Polk re: Trial held on 9/10/18 before Judge George B. Daniels. 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 11/6/2018. Redacted Transcript Deadline set for 11/16/2018. Release of Transcript Restriction set for 1/14/2019. (McGuirk, Kelly)
10/16/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Terrell Polk. Notice is hereby given that an official transcript of a Trial proceeding held on 9/10/18 TRIAL CORRECTED 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)
10/16/2018TRANSCRIPT of Proceedings as to Terrell Polk re: Trial held on 9/10/18 TRIAL CORRECTED before Judge George B. Daniels. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/6/2018. Redacted Transcript Deadline set for 11/16/2018. Release of Transcript Restriction set for 1/14/2019. (McGuirk, Kelly)
9/26/2018Set/Reset Deadlines/Hearings as to Terrell Polk (1): Motions (post-verdict motions by defendant) due by 10/26/2018. (bw)
9/26/2018MEMO ENDORSEMENT granting [93] LETTER MOTION filed by Terrell Polk (1), addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated September 24, 2018 re: Extension of Time To File Post-Verdict Motions By Defendant Polk. Under Federal Rules of Criminal Procedure, post-verdict motions are presently due on September 27, 2018. I am writing to the Court to request a 30-day extension, to October 26, 2018, to file any such post-verdict motions. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 9/26/2018) (bw)
9/24/2018MEMO ENDORSEMENT as to (17-Cr-649-03) Kevin Corbett on re: [92] LETTER MOTION filed by Kevin Corbett, addressed to Judge George B. Daniels from Attorney Cesar de Castro dated September 20, 2018 re: Adjournment of Sentencing. ENDORSEMENT: The sentencing is adjourned to January 24, 2019 at 10:00 a.m. SO ORDERED: (Signed by Judge George B. Daniels on 9/24/2018)(bw)
9/24/2018LETTER MOTION addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated September 24, 2018 re: Extension of Time To File Post-Verdict Motions By Defendant Polk . Document filed by Terrell Polk. (Lind, Richard)
9/20/2018LETTER MOTION addressed to Judge George B. Daniels from Cesar de Castro dated September 20, 2018 re: Adjournment of Sentencing . Document filed by Kevin Corbett. (De Castro, Cesar)
9/17/2018ORDER as to (17-Cr-649-01) Terrell Polk. The Government's motion in limine, (ECF No. 74), is resolved to the extent discussed on the record. The Clerk of Court is directed to terminate the motion accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 9/14/2018)(bw)
9/14/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Terrell Polk. Notice is hereby given that an official transcript of a Conference proceeding held on 8/9/18 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)
9/14/2018TRANSCRIPT of Proceedings as to Terrell Polk re: Conference held on 8/9/18 before Judge George B. Daniels. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/5/2018. Redacted Transcript Deadline set for 10/15/2018. Release of Transcript Restriction set for 12/13/2018. (McGuirk, Kelly)
9/14/2018LETTER MOTION addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated September 14, 2018 re: Permission To File Interim Voucher . Document filed by Terrell Polk. (Lind, Richard)
9/13/2018JURY VERDICT as to Terrell Polk (1) Guilty on Count 1s,2s,3s,4s. (jw)
9/13/2018Minute Entry for proceedings held before Judge George B. Daniels as to Terrell Polk; Sentencing set for 1/17/2019 at 10:00 AM before Judge George B. Daniels. (jw)
9/13/2018Minute Entry for proceedings held before Judge George B. Daniels:Jury Trial as to Terrell Polk held on 9/13/2018. Attorney(s) present for Government: Michael Krouse, Nicholas Folly, Max Nicholas. Attorney(s) present for Defendant(s): Richard Bruce Lind. Also present: Court Reporter; Paralegal Jonathan Concepcion; Detective Jessica Alvarado. Defendant found guilty on Counts One, Two, Three, and Four of the Superseding Indictment. Sentencing is scheduled for January 17, 2019, at 10:00 a.m. (jw)
9/12/2018Minute Entry for proceedings held before Judge George B. Daniels:Jury Trial as to Terrell Polk held on 9/12/2018. Attorney(s) present for Government: Michael Krouse, Nicholas Folly, Max Nicholas. Attorney(s) present for Defendant(s): Richard Bruce Lind. Also present: Court Reporter; Paralegal Jonathan Concepcion; Detective Jessica Alvarado (jw)
9/11/2018Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Terrell Polk (1) held on 9/11/2018. Attorney(s) present for Government: Michael Krouse, Nicholas Folly, Max Nicholas. Attorney(s) present for Defendant(s): Richard Bruce Lind. Also present: Court Reporter. (bw)
9/10/2018Minute Entry for proceedings held before Judge George B. Daniels: Voir Dire held on 9/10/2018 as to Terrell Polk (1). Attorney(s) present for Government: Michael Kim Krouse; Nicholas Folly. Attorney(s) present for Defendant(s): Richard Bruce Lind. Also present: Court Reporter. (bw)
9/7/2018TRANSCRIPT of Proceedings as to Jamel Moss re: Plea held on 8/15/18 before Judge George B. Daniels. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/28/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/6/2018. (McGuirk, Kelly)
9/7/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jamel Moss. Notice is hereby given that an official transcript of a Plea proceeding held on 8/15/18 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)
9/4/201885SEALED DOCUMENT placed in vault. (mhe)
9/4/2018MEMORANDUM in Opposition by Terrell Polk re [74] FIRST MOTION in Limine .. (Lind, Richard)
9/4/2018MEMO ENDORSEMENT as to (17-Cr-649-01) Terrell Polk on re: [80] SECOND LETTER MOTION filed by Terrell Polk, addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated August 31, 2018 re: Extension of Time to File Defendant Polk's Opposition to Government's Motion In Limine. I am writing to request that the Court permit me another extension of time, until September 4, 2018, to submit defendant Polk's response to the government's in limine motion. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 9/4/2018)(bw)
8/31/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kevin Corbett. Notice is hereby given that an official transcript of a Plea proceeding held on 8/8/18 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)
8/31/2018TRANSCRIPT of Proceedings as to Kevin Corbett re: Plea held on 8/8/18 before Judge George B. Daniels. Court Reporter/Transcriber: Rose Prater, (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)
8/31/2018SECOND LETTER MOTION addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated August 31, 2018 re: Extension of Time to File Defendant Polk's Opposition to Government's Motion In Limine . Document filed by Terrell Polk. (Lind, Richard)
8/29/2018MEMO ENDORSEMENT as to (17-Cr-649-1) Terrell Polk on re: [78] LETTER MOTION filed by Terrell Polk addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated August 29, 2018 re: Two-Day Extension of Time To File Response To Government In Limine Motion. I am writing to request that the Court permit me until Friday, August 31, 2018, to submit defendant Polk's response to the government's in limine motion. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 8/29/2018)(bw)
8/29/2018LETTER MOTION addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated August 29, 2018 re: Two-Day Extension of Time To File Response To Government In Limine Motion . Document filed by Terrell Polk. (Lind, Richard)
8/27/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Smith. Notice is hereby given that an official transcript of a Plea proceeding held on 8/7/18 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 Timothy Smith re: Plea held on 8/7/18 before Judge George B. Daniels. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/17/2018. Redacted Transcript Deadline set for 9/27/2018. Release of Transcript Restriction set for 11/26/2018. (McGuirk, Kelly)
8/22/2018PROPOSED EXAMINATION OF JURORS by USA as to Terrell Polk, Jamel Moss, Kevin Corbett, Timothy Smith. (Folly, Nicholas)
8/22/2018FIRST MOTION in Limine . Document filed by USA as to Terrell Polk. (Krouse, Michael)
8/22/2018Request To Charge by USA as to Terrell Polk, Jamel Moss, Kevin Corbett, Timothy Smith. (Krouse, Michael)
8/22/2018LETTER by Terrell Polk addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated August 22, 2018 re: Submission In Response to Court's Direction (Lind, Richard)
8/20/2018ORDER granting [70] LETTER MOTION as to Terrell Polk (1). It is herebyORDERED, that the Metropolitan Correctional Center shall allow two sets of thefollowing clothing be admitted for Terrell Polk, Inmate ID# 58001-054, for hisupcoming trial: 1. Jackets; 2. Pants; 3. Underpants; 4. Shirts; 5. Shoes; 6. Socks; 7. Ties; 8. Belts; 9. Undershirts. (Signed by Judge George B. Daniels on 8/20/2018) (ft)
8/20/2018LETTER MOTION addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated August 20, 2018 re: Request That Court Execute Clothing Order for Defendant . Document filed by Terrell Polk. (Lind, Richard)
8/17/2018~Util - Set/Reset Deadlines/Hearings
8/16/2018Minute Entry for proceedings held before Judge George B. Daniels:Final Pretrial Conference as to Terrell Polk held on 8/16/2018 ( Jury Trial set for 9/10/2018 at 09:45 AM before Judge George B. Daniels.) Attorney(s) present for Government: Michael Krouse, Nicholas Folly, Max Nicholas. Attorney(s) present for Defendant(s): Richard Bruce Lind. Also present: Court Reporter. A jury trial will commence on September 10, 2018, at 9:45 a.m. (jw)
8/15/2018Change of Not Guilty Plea to Guilty Plea as to Jamel Moss (2) Count 1. (jbo) (Entered: 05/30/2019)
8/15/2018LETTER by Terrell Polk addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated August 15, 2018 re: Government Letter to Defense Counsel dated August 7, 2018 (Lind, Richard)
8/13/201868SEALED DOCUMENT placed in vault. (mhe)
8/9/2018Minute Entry for proceedings held before Judge George B. Daniels: Status Conference as to Terrell Polk held on 8/9/2018. Attorney(s) present for Government: Nicholas Folly. Attorney(s) present for Defendant(s): Richard Bruce Lind. Also present: Court Reporter, CJA Counsel Kenneth Montgomery. Notes: A subsequent conference will be held on August 16, 2018, at 10:00 a.m. (Status Conference set for 8/16/2018 at 10:00 AM before Judge George B. Daniels.) (jbo)
8/9/2018(S1) SUPERSEDING INDICTMENT FILED as to Terrell Polk (1) count(s) 1s, 2s, 3s, 4s. (jbo)
8/8/2018Set/Reset Hearings as to Terrell Polk: Status Conference set for 8/9/2018 at 10:00 AM before Judge George B. Daniels. (lnl)
8/8/2018ORDER as to Terrell Polk (1) granting [65] LETTER MOTION addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated August 8, 2018 re: Defense Counsel Seeks Conference on Breakdown of Attorney-Client Relationship. The conference is set for August 9, 2018 at 10:00 a.m. (Signed by Judge George B. Daniels on 8/8/2018) (lnl)
8/8/2018Set/Reset Hearings as to Kevin Corbett: Sentencing set for 12/12/2018 at 10:00 AM before Judge George B. Daniels. (lnl)
8/8/2018Minute Entry for proceedings held before Judge George B. Daniels: Plea entered by Kevin Corbett (3) Guilty as to Count 1, 2. (lnl)
8/8/2018Minute Entry for proceedings held before Judge George B. Daniels: Change of Plea Hearing as to Kevin Corbett held on 8/8/2018. Attorney(s) present for Government: Nicholas Folly. Attorney(s) present for Defendant(s): Cesar De Castro. Also present: Court Reporter. Defendant enters a plea of guilty to Counts One and Two of the Indictment. Sentencing is scheduled for December 12, 2018, at 10:00 a.m. (lnl)
8/8/2018LETTER MOTION addressed to Judge George B. Daniels from Richard B. Lind, Esq. dated August 8, 2018 re: Defense Counsel Seeks Conference on Breakdown of Attorney-Client Relationship . Document filed by Terrell Polk. (Lind, Richard)
8/7/2018Change of Not Guilty Plea to Guilty Plea as to Timothy Smith (4) Count 1,2. (jw)
8/7/2018Minute Entry for proceedings held before Judge George B. Daniels:Change of Plea Hearing as to Timothy Smith held on 8/7/2018., Plea entered by Timothy Smith (4) Guilty as to Count 1,2 ( Sentencing set for 12/13/2018 at 10:00 AM before Judge George B. Daniels.) Attorney(s) present for Government: Nicholas Folly. Attorney(s) present for Defendant(s): Steven Brill. Also present: Court Reporter. Defendant pleaded guilty to Counts 1 and 2 of the Indictment. Sentencing is scheduled for December 13, 2018 at 10:00 AM. (jw)
8/6/2018PROTECTIVE ORDER as to Terrell Polk...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge George B. Daniels on 8/6/18)(jw)
8/6/2018TRANSCRIPT of Proceedings as to Terrell Polk, Jamel Moss, Kevin Corbett, Timothy Smith re: Conference held on 7/12/18 before Judge George B. Daniels. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/27/2018. Redacted Transcript Deadline set for 9/6/2018. Release of Transcript Restriction set for 11/5/2018. (McGuirk, Kelly)
8/6/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Terrell Polk, Jamel Moss, Kevin Corbett, Timothy Smith. Notice is hereby given that an official transcript of a Conference proceeding held on 7/12/18 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)
8/6/2018ENDORSED LETTER as to Terrell Polk, Jamel Moss, Kevin Corbett, Timothy Smith addressed to Judge George B. Daniels from Nicholas Folly dated 8/2/2018 re: The Government respectfully submits this letter on behalf of the parties to request that a plea hearing for defendant Jamel Moss be scheduled for August 15, 2018, at 10:15 AM, a date and time we understand is convenient for the Court. ENDORSEMENT: SO ORDERED. (Change of Plea Hearing set for 8/15/2018 at 10:15 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/6/2018)(ft)
8/6/2018NOTICE OF ATTORNEY APPEARANCE Max Clement Nicholas appearing for USA. (Nicholas, Max)
8/6/2018LETTER by USA as to Terrell Polk addressed to Judge George B. Daniels from AUSA Folly dated 08/06/2018 re: Protective Order Document filed by USA. (Attachments: # 1 Text of Proposed Order)(Folly, Nicholas)
7/30/2018ENDORSED LETTER as to Terrell Polk, Jamel Moss, Kevin Corbett, Timothy Smith addressed to Judge George B. Daniels from Nicholas Folly dated 7/30/2018 re: Adjournment of Plea. ENDORSEMENT: SO ORDERED. (Change of Plea Hearing set for 8/7/2018 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 7/30/2018)(ft)
7/30/2018ENDORSED LETTER as to (17-Cr-649-03) Kevin Corbett addressed to Judge George B. Daniels from AUSA Nicholas Folly dated July 27, 2018 re: The Government respectfully submits this letter on behalf of the parties to request that a plea hearing be scheduled for August 8, 2018, at 10:00 AM, a date and time we understand is convenient for the Court. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 7/30/2018)(bw)
7/27/201856SEALED DOCUMENT placed in vault. (rz)
7/9/2018Notice to Attorney to Re-File Document - Event Type Error
7/9/2018Transcript, Transcript, Transcript, Transcript
7/9/2018Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript
7/3/2018~Util - Set/Reset Deadlines/Hearings, Oral Order, ~Util - Set/Reset Deadlines/Hearings, Oral Order, Oral Order, ~Util - Set/Reset Deadlines/Hearings
6/28/2018Order on Letter Motion
6/27/2018Letter Motion
5/22/2018Order on Letter Motion
5/11/2018Memorandum in Opposition to Motion, Memorandum in Opposition to Motion, Memorandum in Opposition to Motion, Memorandum in Opposition to Motion
5/10/2018Order on Letter Motion
5/1/2018Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA
4/28/2018Suppress
4/27/2018Suppress
4/27/2018Affirmation in Support of Motion
4/27/2018Affidavit in Support of Motion
4/27/2018Memorandum in Support of Motion
3/28/2018Order on Letter Motion
2/1/2018Order on Letter Motion
2/1/2018~Util - Set/Reset Deadlines/Hearings, ~Util - Set/Reset Deadlines/Hearings, ~Util - Set/Reset Deadlines/Hearings, ~Util - Set/Reset Deadlines/Hearings
1/30/2018Order on Letter Motion
11/22/2017Order on Letter Motion
11/21/2017~Util - Set/Reset Deadlines/Hearings
11/21/2017Notice of Attorney Appearance - Defendant
11/8/2017Letter Motion
10/24/2017Indictment (Sealed), Indictment (Sealed), Indictment (Sealed), Indictment (Sealed)
10/24/2017Order to Unseal Indictment, Order to Unseal Indictment, Order to Unseal Indictment, Order to Unseal Indictment
10/24/2017~Util - Set/Reset Hearings, Financial Affidavit - CJA23, ~Util - Set/Reset Hearings, Financial Affidavit - CJA23, ~Util - Set/Reset Hearings, Financial Affidavit - CJA23, ~Util - Set/Reset Hearings, Financial Affidavit - CJA23
10/19/2017Case Filed