USA v. Brown

1:17-cr-00789 | New York Southern District Court

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Division Foley Square
Judge Judge P. Kevin Castel
Filed Dec. 21, 2017
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Filing Date # Docket Text
2/7/2025Transfer Out/Supervised Release - Documents Sent
2/7/2025Transfer Out/Supervised Release
1/17/2025Probation Form
1/11/2022USCA Mandate - Other
8/12/2021Non-Appeal Record Sent to USCA - Electronic File
8/12/2021 ORDER as to John Brown: Defendant John Brown entered a plea of guilty to four counts of Hobbs Act robbery and was sentenced to principally 72 months imprisonment, a sentence within the Stipulated Guidelines range in the plea agreement. No appeal w as filed. Defendant Brown moved for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A), which was denied on February 11, 2021. No appeal was filed. He moved to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. That moti on was denied on April 1, 2021. No appeal was filed. Now defendant Brown again challenges his sentence. The Court deems the application a second successive motion under section 2255 and transfers the motion to the United States Court of Appeals for the Second Circuit. See Torres v. Senkowski, 316 F.3d 147, 151 (2d Cir. 2003). The Clerk is directed to file defendant Brown's letter motion mailed on July 30,2021 and transfer the motion to the United States Court of Appeals for the Second Cir cuit. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). (Signed by Judge P. Kevin Castel on 8/12/2021) (ap) Modified on 8/13/2021 (ap).
4/1/2021Remark
4/1/2021 ORDER as to John Brown. Petitioner John Brown, proceeding pro se, moves to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. On February 15, 2019, pursuant to a plea agreement with the government, Brown pleaded guilty to four c ounts of Hobbs Act robbery in violation of 18 U.S.C. § 1951. (Doc 60).(See Footnote 1 on this Order). Following his guilty plea, the Court sentenced Brown principally to 72 months' imprisonment. Brown did not appeal his sentence....[*** Se e this Order ***]... CONCLUSION: Brown's petition for relief pursuant to section 2255 is DENIED. The Clerk is directed to close the case (19-cv-11557) and to terminate the motions. (Docs 1 and 5). The Clerk is also directed to terminate the rela ted motions in the criminal case. (17-cr-789, Docs 74, 78 & 81). The Clerk is directed to mail a copy of this Order to Brown and note service on the docket. The government shall mail Brown copies of all unreported decisions cited herein. Brown has n ot made a substantial showing of the denial of a constitutional right and, accordingly, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Blackman v. Ercole, 661 F.3d 161, 163-64 (2d Cir. 2011). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). SO ORDERED. (Signed by Judge P. Kevin Castel on 4/1/2021)(bw)
2/11/2021 ORDER as to John Brown: Taking all considerations both in isolation and in combination, the Court concludes that Brown has not demonstrated an extraordinary and compelling reason to reduce his sentence. Brown's motion for a sentencing reduction under 18 U.S.C. § 3582(c) (1)(A)(i) is DENIED. The Clerk is directed to terminate the motions. (Docs 89 and 92). SO ORDERED. (Signed by Judge P. Kevin Castel on 2/11/2021) (lnl)
1/26/2021Affirmation (non-motion)
12/22/2020ORDER as to John Brown. Any reply to the government's submission by Mr. Brown shall be filed no later than January 12, 2021 ( Replies due by 1/12/2021) (Signed by Judge P. Kevin Castel on 12/22/20)(jw)
12/21/2020Certificate of Service
12/18/2020Letter
12/15/2020Miscellaneous Relief
12/4/2020 ORDER as to John Brown. The government shall respond to the motion of John Brown for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A) by December 18, 2020. The response shall include among any other issue the government wishes to address: (1) the defendant's medical condition as reflected in BOP records; (2) the defendant's disciplinary history; and (3) COVID-19 conditions at the facility where defendant is held (Signed by Judge P. Kevin Castel on 12/4/20)(jw)
11/17/2020Letter
11/17/2020Miscellaneous Relief
11/17/2020Note Regarding Deleted Document
9/18/2020Letter
9/15/2020 ORDER as to John Brown. Defendant's application for appointment of counsel, (Doc. 86), is denied without prejudice. Mr. Brown may reply to the government's response of August 13, 2020, (Doc. 84), by October 13, 2020. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/15/2020)(jbo)
9/4/2020Letter
8/13/2020Certificate of Service
8/13/2020Letter
7/23/2020 ORDER as to John Brown: Within 21 days of this Order, the government shall address defendant's motion to supplement as well as the declaration of Nathaniel Z. Marmur. Defendant shall reply within a subsequent 21 days. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/22/2020)(Docketed in 19-cv-11557 (PKC)) (lnl)
5/6/2020Miscellaneous Relief
2/20/2020Certificate of Service of 79 Order by USA as to John Brown. Document was served on John Brown on 2/20/2020. Service was made by Certified Mail. (Pellegrino, Louis) (Entered: 02/20/2020)
2/20/2020ORDER RE: ATTORNEY-CLIENT PRIVILEGE WAIVER (INFORMED CONSENT) as to John Brown. (Signed by Judge P. Kevin Castel on 2/19/2020) (ap) (Entered: 02/20/2020)
2/19/2020 LETTER MOTION addressed to Judge P. Kevin Castel from L. Pellegrino dated 2/19/2020 re: request for statement from prior counsel . Document filed by USA as to John Brown. (Attachments: # 1 Exhibit A)(Pellegrino, Louis) (Entered: 02/19/2020)
1/6/2020MEMO ENDORSEMENT as to John Brown on re: 75 LETTER by John Brown addressed to Judge P. Kevin Castel dated 12/18/19 re: Letter to the Court requesting to attend funeral. ENDORSEMENT: The Court expresses its sympathy and condolences to the defendant. Leave on furlough are matters entrusted to the Bureau of Prisons. Application DENIED. So Ordered. (Signed by Judge P. Kevin Castel on 1/6/2020) (ap) (Entered: 01/06/2020)
1/3/2020ORDER TO ANSWER, 28 U.S.C. � 2255 as to John Brown... The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, hereby ORDERS that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. Responses due by 3/3/2020. (Signed by Judge P. Kevin Castel on 1/3/20)(jbo) (Entered: 01/03/2020)
1/2/2020 LETTER by John Brown addressed to Judge P. Kevin Castel dated 12/18/19 re: Letter to the Court requesting to attend funeral. (jbo) (Entered: 01/02/2020)
12/17/2019Vacate (2255)
12/13/201974 MOTION to Vacate under 28 U.S.C. 2255. Document filed by John Brown. (rdz)
Civil case 1:19-cv-11557 opened. (Entered: 12/17/2019)
7/9/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Brown. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/31/19 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: 07/09/2019)
7/9/2019TRANSCRIPT of Proceedings as to John Brown re: Sentence held on 5/31/19 before Judge P. Kevin Castel. 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 7/30/2019. Redacted Transcript Deadline set for 8/9/2019. Release of Transcript Restriction set for 10/7/2019. (McGuirk, Kelly) (Entered: 07/09/2019)
6/17/201971SEALED DOCUMENT placed in vault. (rz) (Entered: 06/17/2019)
5/31/2019JUDGMENT as to John Brown (1). Defendant plead guilty to Count(s) 1-4. Imprisonment: 72 months; Supervised Release: 3 years; Any open counts are dismissed. The court makes the following recommendations to the Bureau of Prisons: the defendant be imprisoned as close as possible to New York City to facilitate family visits. Restitution: $2,400; Special Assessment: $400 due immediately. (Signed by Judge P. Kevin Castel on 5/31/19)(jbo) (Entered: 05/31/2019)
5/31/2019DISMISSAL OF COUNTS on Government Motion as to John Brown (1) Count 5. (jbo) (Entered: 05/31/2019)
5/31/2019CONSENT PRELIMINARY ORDER OF FORFEITURE / MONEY JUDGMENT as to John Brown. IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Geoffrey S. Berman, United States Attorney, Assistant United States Attorney, Louis A. Pellegrino, of counsel, and the defendant, and his counsel, Julia Gatto, Esq., that: As a result of the offenses charged in Counts One through Four of the Indictment, to which the defendant pled guilty, a money judgment in the amount of $2,400 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offenses charged in Counts One through Four of the Indictment that the defendant personally obtained, shall be entered against the defendant. Pursuant to Rule 32.2(b) (4) of the Federal Rules of Criminal Procedure, this Consent Preliminary Order of Forfeiture/Money Judgment is final as to the defendant, JOHN BROWN, and shall be deemed part of the sentence of the defendant, and shall be included in the judgment of conviction therewith. The Clerk of the Court shall forward three certified copies of this Consent Preliminary Order of Forfeiture/Money Judgment to Assistant United States Attorney Alexander J. Wilson, Chief of the Money Laundering and Asset Forfeiture Unit, United States Attorney's Office, One St. Andrew's Plaza, New York, New York 10007. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/31/19) [Certified copies sent to AUSA.] (jbo) (Entered: 05/31/2019)
5/31/2019ORDER OF RESTITUTION as to John Brown. It is hereby ORDERED that: Amount of Restitution. John Brown, the Defendant, shall pay restitution in the total amount of $2,400.00 to the victim of the offenses charged in Counts One through Four. The name, address, and specific amount owed is set forth in the Schedule of Victims attached hereto. Upon advice of a change of address, the Clerk of the Court is authorized to send payments to the new address without further order of this Court. (Signed by Judge P. Kevin Castel on 5/31/19)(jbo) (Entered: 05/31/2019)
5/31/2019Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 5/31/2019 for John Brown (1) Count 1-4. Defendant present with attorney, Nathaniel Marmur. AUSA, Louis Pellegrino, present. Court Reporter: Vincent Bologna. Defendant is sentenced on Counts 1, 2, 3, and 4 to 72 months imprisonment, 3 years supervised release, the fine is waived, forfeiture and restitution ordered in the amount of $2,400 and a special assessment of $400. Any open counts are dismissed. Defendant is remanded into custody. (jbo) (Entered: 05/31/2019)
5/31/2019Sentencing Letter by John Brown addressed to Judge P. Kevin Castel from Nathaniel Z. Marmur dated May 31, 2019 re: Additional Letter of Support. (Marmur, Nathaniel) (Entered: 05/31/2019)
5/30/2019Sentencing Letter by John Brown addressed to Judge P. Kevin Castel from Nathaniel Z. Marmur dated May 30, 2019 re: Additional Letter of Support. (Marmur, Nathaniel) (Entered: 05/30/2019)
5/29/2019Sentencing Letter by John Brown addressed to Judge P. Kevin Castel from Nathaniel Z. Marmur dated May 29, 2019 re: Additional Letter of Support. (Marmur, Nathaniel) (Entered: 05/29/2019)
5/23/2019Sentencing Letter by USA as to John Brown addressed to Judge Castel from L. Pellegrino dated 5/23/2019 re: sentencing. (Pellegrino, Louis) (Entered: 05/23/2019)
5/17/2019SENTENCING SUBMISSION by John Brown. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Marmur, Nathaniel) (Entered: 05/17/2019)
3/20/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Brown. Notice is hereby given that an official transcript of a Plea proceeding held on 2/15/19 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: 03/20/2019)
3/20/2019TRANSCRIPT of Proceedings as to John Brown re: Plea held on 2/15/19 before Judge P. Kevin Castel. 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 4/10/2019. Redacted Transcript Deadline set for 4/22/2019. Release of Transcript Restriction set for 6/18/2019. (McGuirk, Kelly) (Entered: 03/20/2019)
3/11/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Brown. Notice is hereby given that an official transcript of a Plea proceeding held on 2/15/19 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: 03/11/2019)
3/11/2019TRANSCRIPT of Proceedings as to John Brown re: Plea held on 2/15/19 before Judge P. Kevin Castel. 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 4/1/2019. Redacted Transcript Deadline set for 4/11/2019. Release of Transcript Restriction set for 6/10/2019. (McGuirk, Kelly) (Entered: 03/11/2019)
2/15/2019Change of Not Guilty Plea to Guilty Plea as to John Brown (1) Count 1-4. (jbo) (Entered: 02/15/2019)
2/15/2019Minute Entry for proceedings held before Judge P. Kevin Castel: Change of Plea Hearing as to John Brown held on 2/15/2019. Plea entered by John Brown (1) Guilty as to Count 1-4. Defendant present with attorney, Nathaniel Marmur. AUSA, Louis Pellegrino, present. Court Reporter: Vincent Bologna. Defendant pleads guilty to Counts 1, 2, 3 and 4 of the Indictment. Defendant admits forfeiture allegations in paragraphs 6 and 7 of the Indictment. Sentencing is scheduled for May 31, 2019 at 12:00 p.m. Defendant is remanded into custody. (Sentencing set for 5/31/2019 at 12:00 PM before Judge P. Kevin Castel.) (jbo) (Entered: 02/15/2019)
2/13/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Brown. Notice is hereby given that an official transcript of a Conference proceeding held on 1/10/19 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: 02/13/2019)
2/13/2019TRANSCRIPT of Proceedings as to John Brown re: Hearing held on 1/10/19 before Judge P. Kevin Castel. 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 3/6/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/14/2019. (McGuirk, Kelly) (Entered: 02/13/2019)
2/8/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Brown. Notice is hereby given that an official transcript of a Conference proceeding held on 1/10/19 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: 02/08/2019)
2/8/2019TRANSCRIPT of Proceedings as to John Brown re: Conference held on 1/10/19 before Judge P. Kevin Castel. 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 3/1/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/9/2019. (McGuirk, Kelly) (Entered: 02/08/2019)
2/4/2019ORDER as to John Brown ( Status Conference set for 2/15/2019 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) Time excluded from 2/4/19 until 2/15/19. Upon the application of defense counsel (DE 52), consented to by the government, the conference previously scheduled for February 7, 2019 is adjourned until February 15, 2019 at 11:00 a.m. in Courtroom 11D. I find that the ends of justice will be served by granting a continuance and that taking such action outweighs the best interest of the public and the defendant in a speedy trial. My reasons for this finding are that the grant of the continuance is needed to continue plea negotiations. Accordingly, the time between today and February 15, 2019 is excluded. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/4/2019)(jw) (Entered: 02/04/2019)
2/4/2019 LETTER MOTION addressed to Judge P. Kevin Castel from Nathaniel Z. Marmur dated February 4, 2019 re: Adjournment of Conference . Document filed by John Brown. (Marmur, Nathaniel) (Entered: 02/04/2019)
1/28/2019Minute Entry for proceedings held before Judge P. Kevin Castel:Status Conference as to John Brown held on 1/28/2019 ( Status Conference set for 2/7/2019 at 02:00 PM before Judge P. Kevin Castel.) Defendant present with attorney, Nathaniel Marmur. AUSA, Louis Pellegrino, present. Court Reporter: Rose Prater. The next conference is scheduled for February 7, 2019 at 2:00 p.m. Time is excluded until 2/7/2019. Defendant continues to be detained. (jw) (Entered: 01/28/2019)
1/11/2019~Util - Set/Reset Deadlines/Hearings
1/10/2019Minute Entry for proceedings held before Judge P. Kevin Castel:Oral Argument/Evidentiary Hearing as to John Brown held on 1/10/2019 re: [36] MOTION to Suppress filed by John Brown ( Status Conference set for 1/28/2019 at 03:00 PM before Judge P. Kevin Castel.) (jw) (Entered: 01/11/2019)
1/9/2019 LETTER MOTION addressed to Judge P. Kevin Castel from Nathaniel Z. Marmur dated January 9, 2019 re: Proposed Order for Electronic Device . Document filed by John Brown. (Attachments: # 1 Text of Proposed Order)(Marmur, Nathaniel) (Entered: 01/09/2019)
1/7/2019MEMO ENDORSEMENT as to John Brown on re: 49 LETTER by John Brown addressed to Judge P. Kevin Castel from Attorney Nathaniel Z. Marmur dated January 3, 2019 re: Government Letter for Reconsideration of Evidentiary Hearing. I write in response to the government's letter of December 17, 2018, in which it asks this Court to reconsider its November 28, 2018 Order setting an evidentiary hearing on the issue of whether certain items seized during a warrantless search of John Brown's apartment -- a hat and a jacket -- were in "plain view." For the reasons set forth below and in our original motion to suppress, the Court should hold the hearing as scheduled. ENDORSEMENT: The hearing will proceed as scheduled. SO ORDERED: (Signed by Judge P. Kevin Castel on 1/4/2019)(bw) (Entered: 01/07/2019)
1/3/2019 LETTER by John Brown addressed to Judge P. Kevin Castel from Nathaniel Z. Marmur dated January 3, 2019 re: Government Letter for Reconsideration of Evidentiary Hearing (Attachments: # 1 Supplement, # 2 Affirmation of John Brown)(Marmur, Nathaniel) (Entered: 01/03/2019)
12/27/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Brown. Notice is hereby given that an official transcript of a Conference proceeding held on 11/28/18 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) (Entered: 12/27/2018)
12/27/2018TRANSCRIPT of Proceedings as to John Brown re: Conference held on 11/28/18 before Judge P. Kevin Castel. 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 1/17/2019. Redacted Transcript Deadline set for 1/28/2019. Release of Transcript Restriction set for 3/27/2019. (McGuirk, Kelly) (Entered: 12/27/2018)
12/19/2018MEMO ENDORSEMENT as to John Brown on re: 45 Letter filed by USA. ENDORSEMENT: Defendant shall respond to the goverment's letter of December 17, 2018 by January 3, 2019. SO ORDERED. (Responses due by 1/3/2019) (Signed by Judge P. Kevin Castel on 12/19/2018)(ft) (Entered: 12/19/2018)
12/17/2018 LETTER by USA as to John Brown addressed to Judge P. Kevin Castel from L. Pellegrino dated 12/17/2018 re: evidentiary hearing Document filed by USA. (Pellegrino, Louis) (Entered: 12/17/2018)
11/29/2018~Util - Set/Reset Hearings
11/28/2018Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference as to John Brown held on 11/28/2018. Defendant present with attorney, Nathaniel Marmur. AUSA, Louis Pellegrino, present. Court Reporter: Eve Giniger. Motion DE 36 denied as to point 1 (CSLI) and point 3 (photo array ID). Evidentiary Hearing and arguments scheduled for January 10, 2019 at 2:00 p.m. Time is excluded until 1/10/2019. Defendant continues to be detained. (Evidentiary Hearing set for 1/10/2019 at 02:00 PM before Judge P. Kevin Castel.) (jbo)
11/16/2018REPLY MEMORANDUM OF LAW in Support as to John Brown re: [36] MOTION to Suppress . . (Marmur, Nathaniel)
11/9/2018Set/Reset Deadlines/Hearings as to John Brown: Replies (by Defendant) due by 11/16/2018. (bw)
11/9/2018MEMO ENDORSEMENT granting [42] LETTER MOTION filed by John Brown (1), addressed to Judge P. Kevin Castel from Attorney Nathaniel Z. Marmur dated November 8, 2018 re: Extension of Time. I am counsel to John Brown and I write to request a one week extension of time to file the reply brief in further support of Defendant's pretrial motions in light of a family emergency, Mr. Brown's reply is currently due November 9, 2018, and if granted a one week extension the new deadline would be November 16, 2018. ENDORSEMENT: Application granted. SO ORDERED: (Signed by Judge P. Kevin Castel on 11/8/2018) (bw)
11/8/2018LETTER MOTION addressed to Judge P. Kevin Castel from Nathaniel Z. Marmur dated November 8, 2018 re: Extension of Time . Document filed by John Brown. (Marmur, Nathaniel)
11/2/2018MEMORANDUM in Opposition by USA as to John Brown re [36] MOTION to Suppress .. (Pellegrino, Louis)
10/19/2018MEMO ENDORSEMENT as to John Brown on re: [39] LETTER MOTION filed by John Brown, addressed to Judge P. Kevin Castel from Attorney Nathaniel Z. Marmur dated October 18, 2018 re: Status Conference Rescheduling. I am counsel to John Brown and I write to request that the conference on November 28, at 11:00 am, be rescheduled. ENDORSEMENT: The conference is moved to the afternoon of November 28 at 3:15 p.m. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/19/2018)(bw)
10/18/2018LETTER MOTION addressed to Judge P. Kevin Castel from Nathaniel Z. Marmur dated October 18, 2018 re: Status Conference Rescheduling . Document filed by John Brown. (Marmur, Nathaniel)
10/12/2018MEMORANDUM in Support by John Brown re [36] MOTION to Suppress .. (Marmur, Nathaniel)
10/12/2018AFFIRMATION of Nathaniel Z. Marmur in Support as to John Brown re [36] MOTION to Suppress .. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Marmur, Nathaniel)
10/12/2018MOTION to Suppress . Document filed by John Brown. (Marmur, Nathaniel)
10/9/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Brown. Notice is hereby given that an official transcript of a Conference 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.... (Moya, Goretti)
10/9/2018TRANSCRIPT of Proceedings as to John Brown re: Conference held on 9/12/18 before Judge P. Kevin Castel. 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 10/30/2018. Redacted Transcript Deadline set for 11/9/2018. Release of Transcript Restriction set for 1/7/2019. (Moya, Goretti)
10/2/2018LETTER by USA as to John Brown addressed to Judge P. Kevin Castel from L. Pellegrino dated 10/2/2018 re: opposition to motion to unseal grand jury minutes Document filed by USA. (Pellegrino, Louis)
9/12/2018ORAL ORDER as to John Brown. Time excluded from 9/12/2018 until 11/28/2018. Motions (by defendant) due by 10/12/2018; Responses (by government) due by 11/2/2018; Replies due by 11/9/2018. Status Conference set for 11/28/2018 at 11:00 AM before Judge P. Kevin Castel. (bw)
9/12/2018Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference as to John Brown held on 9/12/2018. Defendant present with attorney, Nathaniel Marmur. AUSA, Louis Pellegrino, present. Court Reporter: Anita Trombetta. Defense motions due October 12, 2018, gov't response due November 2, 2018, any replies due November 9, 2018. The next conference is scheduled for November 28, 2018 at 11:00 a.m. Time is excluded until 11/28/2018. Defendant continues to be detained. (bw)
8/23/2018ORDER as to John Brown. The Court has received a series of letters dated July 31, 2018, August 3, 2018, August 7, 2018 and August 15, 2018 from defendant Brown purporting to raise legal arguments regarding the seizure of physical evidence from him. Because defendant Brown is represented by counsel in this case, he should direct his communications regarding the merits of the case to his counsel and not to the Court. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/22/2018); Copy Mailed by Chambers to John Brown 8/23/2018. (bw)
8/14/2018LETTER by John Brown addressed to Dear Pro Se Clerk from John Brown dated 8/14/18 re: Letter from John Brown (jw)
7/30/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Brown. Notice is hereby given that an official transcript of a Conference proceeding held on 6/29/18 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)
7/30/2018TRANSCRIPT of Proceedings as to John Brown re: Conference held on 6/29/18 before Judge P. Kevin Castel. 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 8/20/2018. Redacted Transcript Deadline set for 8/30/2018. Release of Transcript Restriction set for 10/29/2018. (McGuirk, Kelly)
7/25/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Brown. Notice is hereby given that an official transcript of a Conference proceeding held on 6/28/18 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)
7/25/2018TRANSCRIPT of Proceedings as to John Brown re: Conference held on 6/28/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/15/2018. Redacted Transcript Deadline set for 8/27/2018. Release of Transcript Restriction set for 10/23/2018. (McGuirk, Kelly)
5/25/2018Transcript
5/25/2018Notice of Filing Transcript
5/1/2018~Util - Set/Reset Deadlines/Hearings
4/13/2018Letter Motion
2/16/2018Order of Detention
2/16/2018Transcript
2/16/2018Notice of Filing Transcript
1/24/2018~Util - Set/Reset Deadlines/Hearings
1/22/2018~Util - Set/Reset Deadlines/Hearings, Order to Continue - Speedy Trial, Order
1/5/2018Order to Continue - Speedy Trial
1/2/2018Memo Endorsement
12/21/2017Case Filed