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USA v. Fertides

1:18-cr-00319 | New York Southern District Court

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Division Foley Square
Judge Judge Laura Taylor Swain
Filed May 2, 2018
Terminated Jan. 27, 2023
Case Flags CLOSED and ECF
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Filing Date # Docket Text
3/27/2025Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document
3/25/2025ORDER as to Jordy Marrero: Pursuant to the above report, it is ordered that the defendant is discharged from Supervised Release and that the proceedings in the case be terminated. (Signed by Judge Laura Taylor Swain on 3/24/2025) (lnl) (Entered: 03/25/2025)
2/27/2025Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document
9/3/2024MANDATE of USCA (Certified Copy) as to Christian Pabon re: 589 Notice of Appeal - Final Judgment, USCA Case Number 22-2991-cr. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/30/2024. (tp) (Entered: 09/03/2024)
6/18/2024617SEALED DOCUMENT placed in vault. (jus) (Entered: 06/18/2024)
4/4/2024616SEALED DOCUMENT placed in vault. (jus) (Entered: 04/04/2024)
12/6/2023615SEALED DOCUMENT placed in vault. (nmo) (Entered: 12/06/2023)
11/27/2023MEMO ENDORSEMENT as to Christian Pabon on 613 LETTER MOTION addressed to Judge Sidney H. Stein from Jeremy Schneider dated November 21, 2023 re: Associate Hours. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 11/21/2023) (lnl) (Entered: 11/27/2023)
11/21/2023 LETTER MOTION addressed to Judge Sidney H. Stein from Jeremy Schneider dated November 21, 2023 re: Associate Hours . Document filed by Christian Pabon. (Schneider, Jeremy) (Entered: 11/21/2023)
8/4/2023612SEALED DOCUMENT placed in vault. (jus) (Entered: 08/04/2023)
6/30/2023611SEALED DOCUMENT placed in vault. (jus) (Entered: 06/30/2023)
6/28/2023Minute Entry for proceedings held before Judge Laura Taylor Swain: Revocation of Supervised Release - Interim Hearing as to Bryan Castillo held on 6/28/2023. Defendant Bryan Castillo (4) present with counsel, Lorraine Gauli-Rufo. For the Gov't Jamie Bagliebter, AUSA and P.O. Alicia Black present. VIOLATION OF SUPERVISED RELEASE HEARING held. The Court granted the Probation Officer's request for a modification of the defendant's special conditions as stated on the record. The Probation Officer is directed to submit an proposed order listing the modifications of the special conditions as discussed. (Court Reporter Rebecca Forman) (ap) (Entered: 06/29/2023)
6/26/2023MEMO ENDORSEMENT as to Bryan Castillo (4) granting 609 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated June 23, 2023 re: Request for CJA Appointment. ENDORSEMENT: Application granted. The Court reappoints Lorraine Gauli-Rufo as CJA counsel for defendant B1yan Castillo, in connection with his violation of supervised release and condition modification proceedings. DE#609 resolved. (Signed by Judge Laura Taylor Swain on 6/23/2023) (ap) (Entered: 06/26/2023)
6/23/2023 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated June 23, 2023 re: Request for CJA Appointment . Document filed by Bryan Castillo. (Gauli-Rufo, Lorraine) (Entered: 06/23/2023)
6/23/2023608SEALED DOCUMENT placed in vault. (nmo) (Entered: 06/23/2023)
6/23/2023SCHEDULING ORDER as to (18-Cr-319-4) Bryan Castillo. The violation of supervised release conference in this case is scheduled to proceed on June 28, 2023, at 2:30 p.m., in Courtroom 17C. The parties are directed to email Chambers at SwainNYSDCorresp@nysd.uscourts.gov any documents they would like the Court to consider during or in connection with the proceeding at least 24 hours in advance of the proceeding. SO ORDERED. ( Hearing re Violation of Supervised Release set for 6/28/2023 at 02:30 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. )(Signed by Judge Laura Taylor Swain on 6/23/2023)(bw) (Entered: 06/23/2023)
6/21/2023MEMO ENDORSEMENT 605 Motion to Travel as to Juan Calderon...ENDORSEMENT...The foregoing request is denied. The Court regrets that Mr. Calderon will not be able to be with the family during this difficult time, and extends its concerns to Mr. Calderon and his family. The Court urges Mr. Calderon to focus his efforts on achieving sobriety and obtaining stable employment. DE#605 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/21/2023) (jw) (Entered: 06/22/2023)
6/17/2023 MOTION to Travel . Document filed by Juan Calderon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Santillo, Kristen) (Entered: 06/17/2023)
6/5/2023604SEALED DOCUMENT placed in vault. (nmo) (Entered: 06/05/2023)
4/3/2023MANDATE of USCA (Certified Copy) as to Milton Chardon re: 583 Notice of Appeal. USCA Case Number 22-2322.IT IS HEREBY ORDERED that the appeal is dismissed.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/03/2023. [This document also entered in case: 18-cr-031921-cv-9129] (nd) (Entered: 04/03/2023)
2/10/2023602SEALED DOCUMENT placed in vault. (nmo) (Entered: 02/13/2023)
1/31/2023601SEALED DOCUMENT placed in vault. (nmo) (Entered: 02/01/2023)
1/27/2023FILED JUDGMENT IN A CRIMINAL CASE as to Jordy Marrero (11), Pleaded guilty to Count(s) 1, Count(s) 2, Count(s) 3, Count(s) 4, Count(s) 5, Imprisonment for a total term of Time Served as to each of Counts one, Two, Three, Four, Five and Six. Supervised Release for a term of for a term of 3 years as to each of Counts One(1), Three (3), Four (4) and 5 years as to each of Counts Two (2), Five (5), Six (6), all to run concurrently, for a total of 5 years; Count(s) 6, Imprisonment for a total term of Time Served as to each of Counts one, Two, Three, Four, Five and Six. Supervised Release for a term of for a term of 3 years as to each of Counts One(1), Three (3), Four (4) and 5 years as to each of Counts Two (2), Five (5), Six (6), all to run concurrently, for a total of 5 years. Special Assessment of $600 which is due immediately. (Signed by Judge Laura Taylor Swain on 7/28/2020)(jw) (Entered: 01/27/2023)
1/20/2023ORDER as to Jordy Marrero as follows: IT IS HEREBY ORDERED that, to the extent these materials are not already unsealed, that they be unsealed and restored to regular docketing and shall remain unsealed pending further order of the Court. (Signed by Judge Laura Taylor Swain on 1/20/23)(jm) (Entered: 01/26/2023)
1/9/2023ORDER as to Jordy Marrero. ORDERED that pursuant to sentence of time served imposed today, the defendant Jordy Marrero is discharged from the custody of the U.S. Marshals Service. (Signed by Judge Laura Taylor Swain on 7/23/2020)(jw) (Entered: 01/27/2023)
1/9/2023Minute Entry for proceedings held before Judge Laura Taylor Swain:Sentencing held on 1/9/2023 for Jordy Marrero (11) Count 1,2,3,4,5,6. Defendant is present with counsel Kelly Currie, Richard Stella and Christopher Murphy; AUSA Comey and AUSA Bagliebter and PO Ed Johnson are present; Defendant is sentenced as follows: Defendant is sentenced to TIME SERVED as to each of Counts One (1), Two (2), Three (3), Four (4), Five (5), and Six (6).Followed by 3 years of supervised release as to each of Counts One (1), Three (3), Four (4) and 5 years as to each of CountsTwo (2), Five (5), Six (6), all to run concurrently, for a total of 5 years.Defendant is to pay a special assessment of $600.00 to be paid immediately.Defendant must participate in an outpatient treatment program approved by the U.S. Probation Office, which program may include testing to determine whether the defendant has reverted to using drugs or alcohol. Defendant will be requiredto contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of third-party payment. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance abuse treatment provider, as directed by the Probation Officer.Defendant must participate in an outpatient mental health program approved by the U.S. Probation Office. The defendant must continue to take any prescribed medications unless otherwise instructed by the health care provider. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of 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.Defendant must submit defendant's person, residence, place of business, vehicle, and any property, computers, electronic communications, data storage devices and/or other media under defendant's control to a search on the basis that theProbation Officer has a reasonable suspicion 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. Defendant must inform any other residents that the premises may be subject to search pursuant to this condition.Defendant is to be supervised by the district of residence.Defendant ordered released from custody of US Marshals (Held under seal on 7/23/20) (Court Reporter Pamela Utter) (jm) (Entered: 01/26/2023)
1/9/2023ORDER as to Jordy Marrero as follows: The information in this matter includes one or more forfeiture allegations.Pursuant to Rule 32.2(b) of the Federal Rules of Criminal Procedure, after a finding of guilt, the Court must determine whether property is subject to forfeiture under the applicable statute and enter a preliminary order of forfeiture if necessary.Accordingly, the Government is hereby directed to determine what property itwill seek to have forfeited and confer promptly with defense counsel to ascertain whether the defense opposes the forfeiture sought. The Government must thereafter provide, no later than two weeks before the scheduled sentencing date, via facsimile to Chambers with a copy served on defense counsel, a proposed preliminary order of forfeiture.If the preliminary order is not on consent, the Government's submission must beaccompanied by a description of the evidentiary basis for its forfeiture position and a statement as to whether the parties believe that an evidentiary hearing is warranted pursuant to Rule 32.2(b)(l). Defense counsel will have one week following his or her receipt of the Government'sletter to respond. (Originally filed under seal on 11/26/18) (Signed by Judge Laura Taylor Swain on 11/26/18)(jm) (Entered: 01/26/2023)
1/9/2023Minute Entry for proceedings held before Judge Laura Taylor Swain:Arraignment as to Jordy Marrero (11) Count 1,2,3,4,5,6 held on 1/9/2023. Defendant is present with counsel Kelly Currie and Joanne Olekysk; AUSA Comey is also present. The Court grants the Defendant's CJA 23 Financial Affidavit and appoints Kelly Currie to continue as CJA Counsel. Defendant sworn. Defendant waived indictment and reading of the S(2) Information. Plea entered by Jordy Marrero (11) Count 1,2,3,4,5,6 Jordy Marrero (11) Guilty as to Count 1,2,3,4,5,6. Sentencing is scheduled for 5/31/19 at 2:00 PM. Remand Continued. (Originally held under seal on 11/26/18) (Court Reporter Kristen Carannante) (jm) (Entered: 01/26/2023)
1/9/2023 Waiver of Right to be Present at Criminal Proceeding as to Jordy Marrero. (Filed under seal on 11/26/18) (jm) (Entered: 01/12/2023)
1/9/2023WAIVER OF INDICTMENT by Jordy Marrero. (Filed under seal on 11/26/18) (jm) (Entered: 01/12/2023)
1/9/2023Attorney update in case as to Jordy Marrero. Attorney Kelly Thomas Currie for Jordy Marrero added. (jm) (Entered: 01/12/2023)
1/9/2023594CJA 23 Financial Affidavit by Jordy Marrero appointing attorney Kelly T. Currie. (Signed by Judge Laura Taylor Swain) (jm) Modified on 1/12/2023 (jm). (Filed under seal on 11/26/18) (Entered: 01/12/2023)
1/9/2023S(2) INFORMATION (Felony) filed as to Jordy Marrero (11) count(s) 1, 2, 3, 4, 5, 6. (jm) (ORIGINALLY FILED UNDER SEAL ON 11/26/18) (Entered: 01/12/2023)
1/9/2023ORDER as to Jordy Marrero unsealing the S(2) superseding Information. (Signed by Judge Laura Taylor Swain on 1/9/23)(jm) (Entered: 01/12/2023)
1/9/2023Case Designated ECF as to Jordy Marrero. (jm) (Entered: 01/12/2023)
1/9/2023Case as to Jordy Marrero ASSIGNED to Judge Laura Taylor Swain.. (jm) (Entered: 01/12/2023)
12/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Sentence proceeding held on 11/9/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/20/2022)
12/20/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Sentence held on 11/9/2022 before Judge Sidney H. Stein. 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 1/10/2023. Redacted Transcript Deadline set for 1/20/2023. Release of Transcript Restriction set for 3/20/2023. (McGuirk, Kelly) (Entered: 12/20/2022)
11/21/2022Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Christian Pabon re: 589 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 11/21/2022)
11/21/2022Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Christian Pabon to US Court of Appeals re: 589 Notice of Appeal - Final Judgment. (tp) (Entered: 11/21/2022)
11/21/2022Appeal Remark as to Christian Pabon re: 589 Notice of Appeal - Final Judgment. $505.00 Appeal Fee Waived, Attorney CJA. (tp) (Entered: 11/21/2022)
11/21/2022NOTICE OF APPEAL by Christian Pabon from 588 Judgment. (tp) (Entered: 11/21/2022)
11/14/2022FILED JUDGMENT IN A CRIMINAL CASE as to Christian Pabon (3), Pleaded guilty to Count(s) 1, 2, Imprisonment for a total term of 360 Months on Count 1 and life on Count 2 to run concurrently. Supervised release for a term of five years on each count to run concurrently. Count(s) 3, Dismissed. The court makes the following recommendations to the Bureau of Prisons: That defendant be designated to a facility in the northeast region in order to facilitate visits with his family who live in Pennsylvania. That defendant not be designated to a permanent facility for 60 days to facilitate visits with his family. You must provide the probation officer with access to any requested financial information. You shall not associate with any gang members or associates, particularly members and associates of the 200 gang, and the Bloods gang, specifically, the Sex Money, Murder set of the Bloods gang, or frequent neighborhoods (or "turf') known to be controlled by the 200 or Bloods gang. You shall be supervised by the district of residence. Special Assessment of $200 which is due immediately. (Signed by Judge Sidney H. Stein on 11/11/22)(jw) (Entered: 11/14/2022)
11/9/2022DISMISSAL OF COUNTS on Government Motion as to Christian Pabon (3) Count 3. (jbo) (Entered: 11/10/2022)
11/9/2022Minute Entry for proceedings held before Judge Sidney H. Stein: Sentencing held on 11/9/2022 for Christian Pabon (3) Count 1,2. Defendant present with attorney Jeremy Schneider and Elizabeth Macedonio; for the government Rushmi Bhaskaran and Elizabeth Espinosa present; court reporter Sharonda Jones also present. The Court denies defendant's request for an adjournment of the sentencing. Defendant is sentenced as follows: 360 months on Count 1, life on Count 2, to run concurrently, following by supervised release for five years on each count to run concurrently, with the special conditions as set forth in the judgment. The Court imposes a special assessment of $200.00 The government shall submit a proposed order of forfeiture on or before February 3, 2023. The Court grants the government's motion to dismiss any underlying indictments and open counts. Defendant remains in custody. (jbo) (Entered: 11/10/2022)
11/3/2022ORDER as to Christian Pabon. It is hereby ORDERED that the sentencing date is adjourned to November 9, 2022 at 5:00pm (Sentencing set for 11/9/2022 at 05:00 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 11/3/22)(jw) (Entered: 11/03/2022)
10/25/2022ENDORSED LETTER as to (18-Cr-319-3) Christian Pabon addressed to Judge Sidney H. Stein from Attorney Jeremy Schneider dated October 24, 2022 re: it is respectfully requested that the sentencing proceeding scheduled for November 2, 2022 at 4:00 p.m. be adjourned to November 3, 2022 at 2:00 p.m., a date and time that I understand is convenient for the Court. ENDORSEMENT: The sentencing is adjourned to November 3, 2022, at 2:00 p.m. SO ORDERED: ( Sentencing set for 11/3/2022 at 02:00 PM before Judge Sidney H. Stein. )(Signed by Judge Sidney H. Stein on 10/24/2022)(bw) (Entered: 10/25/2022)
10/24/2022 LETTER MOTION addressed to Judge Sidney H. Stein from Jeremy Schneider dated October 24, 2022 re: Adjournment of Sentencing . Document filed by Christian Pabon. (Schneider, Jeremy) (Entered: 10/24/2022)
10/3/2022ORDER as to (18-Cr-319-03) Christian Pabon. At the request of defendant, IT IS HEREBY ORDERED that the sentencing is adjourned to November 2, 2022, at 4:00 p.m. SO ORDERED: ( Sentencing set for 11/2/2022 at 04:00 PM before Judge Sidney H. Stein. )(Signed by Judge Sidney H. Stein on 10/3/2022)(bw) (Entered: 10/03/2022)
9/30/2022Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Milton Chardon re: 583 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp) (Entered: 09/30/2022)
9/30/2022Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Milton Chardon to US Court of Appeals re: 583 Notice of Appeal. (tp) (Entered: 09/30/2022)
9/29/2022SENTENCING SUBMISSION by USA as to Christian Pabon. (Espinosa, Elizabeth) (Entered: 09/29/2022)
9/22/2022NOTICE OF APPEAL by Milton Chardon from 570 Order on Motion to Vacate (2255). (Copy also entered in Civil Case #21-cv-9129, Doc. #6) (tp) (Entered: 09/30/2022)
9/22/2022SENTENCING SUBMISSION by Christian Pabon. (Attachments: # 1 Exhibit A)(Schneider, Jeremy) (Entered: 09/22/2022)
8/31/2022 LETTER by USA as to Christian Pabon addressed to Judge Sidney H. Stein from USA dated August 31, 2022 re: Relative Culpability of Defendants Document filed by USA. (Espinosa, Elizabeth) (Entered: 08/31/2022)
8/23/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Noel Martinez. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/8/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/23/2022)
8/23/2022TRANSCRIPT of Proceedings as to Noel Martinez re: Sentence held on 7/8/2022 before Judge Laura Taylor Swain. 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 9/13/2022. Redacted Transcript Deadline set for 9/23/2022. Release of Transcript Restriction set for 11/21/2022. (McGuirk, Kelly) (Entered: 08/23/2022)
8/16/2022***DELETED DOCUMENT. Deleted document number 576. "NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Noel Martinez. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/8/2022 has been filed by the court reporter/transcriber in the above-captioned matter," as to Noel Martinez (8). The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 8/16/2022 by (McGuirk, Kelly). Court Reporters Office/SDNY requested the deletion of this docket entry via E-Mail to Criminal Case Ops Inbox on 8/23/2022. ***] (bw) (Entered: 08/23/2022)
8/16/2022***DELETED DOCUMENT. Deleted document number 575. "TRANSCRIPT of Proceedings as to Noel Martinez re: Sentence held on 7/8/2022 before Judge Sidney H. Stein," as to Noel Martinez (8). The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 8/16/2022 by (McGuirk, Kelly). Court Reporters Office/SDNY requested the deletion of this docket entry via E-Mail to Criminal Case Ops Inbox on 8/23/2022. ***] (bw) (Entered: 08/23/2022)
8/16/2022ORDER as to Christian Pabon: IT IS HEREBY ORDERED that the government shall file a letter setting forth its view as to the relative culpability of each defendant in this matter and in 17-Cr-513 (SHS) on or before August 31, 2022. (Signed by Judge Sidney H. Stein on 8/16/2022) (ap) (Entered: 08/16/2022)
8/4/2022Set/Reset Hearings as to Christian Pabon: Sentencing set for 10/13/2022 at 12:00 PM before Judge Sidney H. Stein. (ap) (Entered: 08/04/2022)
8/4/2022MEMO ENDORSEMENT as to Christian Pabon (3) on 572 LETTER MOTION addressed to Judge Sidney H. Stein from Jeremy Schneider dated August 4, 2022 re: Request to Adjourn Sentence. ENDORSEMENT: The sentencing is adjourned to October 13, 2022, at 12:00 p.m. The defense submissions are due by September 22, the government submissions are due by September 29. (Signed by Judge Sidney H. Stein on 8/4/2022) (ap) (Entered: 08/04/2022)
8/4/2022 LETTER MOTION addressed to Judge Sidney H. Stein from Jeremy Schneider dated August 4, 2022 re: Request to Adjourn Sentence . Document filed by Christian Pabon. (Schneider, Jeremy) (Entered: 08/04/2022)
7/27/2022571SEALED DOCUMENT placed in vault. (nmo) (Entered: 07/27/2022)
7/26/2022MEMORANDUM ORDER 425 Motion to Vacate (2255) Milton Chardon (2). For the reasons stated above, Mr. Chardon's motion pursuant to 28 U.S.C. section 2255 is denied in its entirety. Mr. Chardon may not appeal this Order unless "a circuit justice or judge issues a certificate of appealability." 28 U.S.C.A. § 2253(c)(1) (Westlaw through P.L. 117-102). A certificate will be granted if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C.A. § 2253(c)(2); see generally U.S. v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997) (discussing the standard for issuing a certificate of appealability). The Court finds that Mr. Chardon will not be able to sustain this burden and, therefore, declines to issue a certificate of appealability. This Memorandum Order resolves docket entry no. 425 in case no. 18-CR-319. The Clerk of Court is respectfully directed to close case no. 21-CV-09129. The Court will mail a copy of this Memorandum Order to Petitioner. [**The Clerk will mail this Memorandum Order to defendant Milton Chardon to address: Register No #86113-054, FCI Berlin, Federal Correctional Institution, PO Box 9000, Berlin, NH 03570**] (Signed by Judge Laura Taylor Swain on 7/26/22) (jw) (Entered: 07/27/2022)
7/18/2022JUDGMENT In A Criminal Case. Date of Imposition of Judgment: July 8, 2022. Defendant Noel Martinez (8) pleaded guilty to Count(s) 11. Count(s) and any underlying indictment(s) are dismissed on the motion of the United States. IMPRISONMENT: 108 months as to Count Eleven (11). - The court makes the following recommendations to the Bureau of Prisons: that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. SUPERVISED RELEASE: 5 years as to Count Eleven (11). Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. Special instructions regarding the payment of criminal monetary penalties: Defendant is to pay a special assessment of $100.00 to be paid immediately. Any payments that the Defendant has already made toward the special assessment will be counted toward this obligation. (Signed by Judge Laura Taylor Swain on 7/14/2022)(bw) (Entered: 07/18/2022)
7/8/2022Minute Entry for proceedings held before Judge Laura Taylor Swain: Sentencing held on 7/8/2022 for Noel Martinez (8) Count 11. Defendant Noel Martinez (8) present with counsel, Jeffrey G. Pittell. For the Gov't Jamie E. Bagliebter, AUSA present. Court Reporter Kelly Surina present. Defendant is resentenced to 108 months of imprisonment as to Count Eleven (11) followed by 5 years of supervised release as to Count One (1). The Court recommends to the BOP that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. Defendant is to pay a special assessment of $100.00 to be paid immediately. Any payments that the Defendant has already made toward the special assessment will be counted toward this obligation. Defendant must participate in an outpatient mental health program approved by the U.S. Probation Office. The defendant must continue to take any prescribed medications unless otherwise instructed by the health care provider. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of 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. Defendant must submit defendant's person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if needed, with the assistance of any law enforcement. The search must be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the defendant being supervised. Failure to submit to a search may be grounds for revocation of release. Defendant must inform any other residents that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner. Defendant must participate in a cognitive behavioral treatment program under the guidance and supervision of the Probation Officer, until such time as the defendant is released from the program by the Probation Officer. Defendant is to be supervised by the district of residence. Defendant continued remanded. (bw) (Entered: 07/18/2022)
7/5/2022SENTENCING SUBMISSION by Noel Martinez. (Pittell, Jeffrey) (Entered: 07/05/2022)
7/4/2022ENDORSED LETTER as to Yasmil Fertides addressed to Judge Laura Taylor Swain from fiance Jeanette Dejesus dated 7/3/22 re: Permission to attend brother's funeral... ENDORSEMENT: Hi Ms. Dejesus, Chief Judge Swain sends her condolences for your family's loss. The decision of whether to grant temporary release for the purpose of attending a funeral service is within the discretion of the Bureau of Prisons, however, 18 U.S.C. § 3622, 28 C.F.R. § 570.33, and the request for Mr. Fertides's temporary release for that purpose would therefore need to be directed to the Bureau. You may wish to contact the Warden of Mr. Fertides's facility. The Bureau's website (https://www.bop.gov/locations/institutions/sch/) provides the following contact information for FCI Schuylkill: Email: SCH-ExecAssistant@bop.gov. Phone: 570-544-7100. Fax: 570-544-7224. FCI Schuylkill, FEDERAL CORRECTIONAL INSTITUTION, P.O. BOX 700, MINERSVILLE, PA 17954. Judge Swain wishes you and your family strength. (Signed by Judge Laura Taylor Swain on 7/4/22) (jbo) (Entered: 07/05/2022)
7/1/2022SENTENCING SUBMISSION by USA as to Noel Martinez. (Bagliebter, Jamie) (Entered: 07/01/2022)
6/25/2022SENTENCING SUBMISSION by Noel Martinez. (Pittell, Jeffrey) (Entered: 06/25/2022)
6/8/2022 LETTER by Christian Pabon addressed to Judge Sidney H. Stein from Jeremy Schneider dated June 8, 2022 re: Rule 29/33 Motion (Schneider, Jeremy) (Entered: 06/08/2022)
6/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/11/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 06/07/2022)
6/7/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/11/22 before Judge Sidney H. Stein. 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 6/28/2022. Redacted Transcript Deadline set for 7/8/2022. Release of Transcript Restriction set for 9/6/2022. (Moya, Goretti) (Entered: 06/07/2022)
6/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/10/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 06/07/2022)
6/7/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/10/22 before Judge Sidney H. Stein. 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 6/28/2022. Redacted Transcript Deadline set for 7/8/2022. Release of Transcript Restriction set for 9/6/2022. (Moya, Goretti) (Entered: 06/07/2022)
6/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/6/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 06/07/2022)
6/7/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/6/22 before Judge Sidney H. Stein. 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 6/28/2022. Redacted Transcript Deadline set for 7/8/2022. Release of Transcript Restriction set for 9/6/2022. (Moya, Goretti) (Entered: 06/07/2022)
6/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/5/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 06/07/2022)
6/7/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/5/22 before Judge Sidney H. Stein. 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 6/28/2022. Redacted Transcript Deadline set for 7/8/2022. Release of Transcript Restriction set for 9/6/2022. (Moya, Goretti) (Entered: 06/07/2022)
6/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/4/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 06/07/2022)
6/7/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/4/22 before Judge Sidney H. Stein. 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 6/28/2022. Redacted Transcript Deadline set for 7/8/2022. Release of Transcript Restriction set for 9/6/2022. (Moya, Goretti) (Entered: 06/07/2022)
6/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/3/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 06/07/2022)
6/7/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/3/22 before Judge Sidney H. Stein. 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 6/28/2022. Redacted Transcript Deadline set for 7/8/2022. Release of Transcript Restriction set for 9/6/2022. (Moya, Goretti) (Entered: 06/07/2022)
6/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/2/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 06/07/2022)
6/7/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/2/22 before Judge Sidney H. Stein. 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 6/28/2022. Redacted Transcript Deadline set for 7/8/2022. Release of Transcript Restriction set for 9/6/2022. (Moya, Goretti) (Entered: 06/07/2022)
6/6/2022MEMORANDUM DECISION AND ORDER as to Samantha Batista: Ms. Batista's renewed motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A) is granted to the extent that the Court reduces the custodial portion of her sentence by twenty months (i.e., from eighty-four months to sixty-four months). A form Order on Motion for Sentence Reduction Under 18 U.S.C. § 3582(c)(1)(A) will also be entered. Docket entry no. 427 is resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/6/2022) (Copy mailed to: Samantha Batista Reg. No. 86154-054 FCI Tallahassee Federal Correctional Institution P.O. Box 5000 Tallahassee, FL 32314) (lnl) (Entered: 06/06/2022)
5/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/11/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/11/2022 before Judge Sidney H. Stein. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/18/2022. (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/10/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/10/2022 before Judge Sidney H. Stein. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/18/2022. (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/6/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/6/2022 before Judge Sidney H. Stein. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/18/2022. (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/5/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/5/2022 before Judge Sidney H. Stein. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/18/2022. (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/4/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/4/2022 before Judge Sidney H. Stein. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/18/2022. (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/3/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/3/2022 before Judge Sidney H. Stein. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/18/2022. (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Trial proceeding held on 5/2/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Trial held on 5/2/2022 before Judge Sidney H. Stein. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/18/2022. (Moya, Goretti) (Entered: 05/20/2022)
5/18/2022ORDER as to (18-Cr-319-8) Noel Martinez. The resentencing hearing currently scheduled for June 15, 2022, at 3:00 p.m., is adjourned to July 8, 2022, at 11:30 a.m. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/18/2022)(bw) (Entered: 05/18/2022)
5/12/2022 JURY VERDICT FORM. as to Christian Pabon. (ap) (Entered: 05/12/2022)
5/11/2022ORAL ORDER as to (18-Cr-319-3) Christian Pabon. Sentencing set for 8/18/2022 at 02:00 PM before Judge Sidney H. Stein. (bw) (Entered: 05/12/2022)
5/11/2022JURY VERDICT as to Christian Pabon (3) Guilty on Count 1,2. (bw) (Entered: 05/12/2022)
5/11/2022Minute Entry for proceedings held before Judge Sidney H. Stein: Jury Trial as to Christian Pabon held on 5/11/2022. All parties and jurors present. Trial continued. Jury charged. Marshal sworn. Jurors begin their deliberations. Verdict reached. Defendant found guilty on Counts One and Two. Any motions are due 30 days from today. The government shall respond to any motions within two weeks from the motion being filed. The sentencing is scheduled for August 18, 2022, at 2:00 p.m. Defendant remains in custody. STEIN, J. (bw) (Entered: 05/12/2022)
5/10/2022Minute Entry for proceedings held before Judge Sidney H. Stein: Jury Trial as to Christian Pabon held on 5/10/2022. All parties and jurors present. Charging conference held. The government rests. The Court denies defendant's Rule 29 motion. Closings for both sides held. The trial will continue tomorrow at 9:15 a.m. Defendant remains in custody. STEIN, J. (bw) (Entered: 05/11/2022)
5/10/2022 LETTER by USA as to Samantha Batista addressed to Judge Laura Taylor Swain from United States dated May 10, 2022 re: Disciplinary Record Document filed by USA. (Bagliebter, Jamie) (Entered: 05/10/2022)
5/9/2022530SEALED DOCUMENT placed in vault. (nmo) (Entered: 05/09/2022)
5/6/2022Minute Entry for proceedings held before Judge Sidney H. Stein: Jury Trial as to Christian Pabon held on 5/6/2022. All parties and jurors present. Trial continued. Defendant remains in custody. STEIN, J. (bw) (Entered: 05/10/2022)
5/5/2022Minute Entry for proceedings held before Judge Sidney H. Stein: Jury Trial as to Christian Pabon held on 5/5/2022. All parties and jurors present. Trial continued. Defendant remains in custody. STEIN, J. (bw) (Entered: 05/10/2022)
5/5/2022MEMO ENDORSEMENT as to Samantha Batista re:The Government obtained disciplinary records from the Bureau of Prisons, which the parties are submitting to the Court under seal. These records demonstrate that Ms. Batista's anticipated release date was revised as a result of disciplinary infractions that she incurred...ENDORSEMENT...Application granted to the extent that the Court will file the disciplinary records submitted by counsel under seal. The application is denied to the extent it seeks permission to file this letter which addresses topics already addressed in part on the public record of this action, and which form in part the basis of Defendant's pending application for a reduction in sentence entirely under seal, without prejudice to to an application, submitted to chambers and served on the government by May 6, 2022, at noon, showing a valid basis for redaction or sealed treatment. Absent any such application, the Court will file this endorsement on the public docket on May 6, 2022 (Signed by Judge Laura Taylor Swain on 5/4/22)(jw) (Entered: 05/06/2022)
5/5/2022MEMO ENDORSEMENT as to Samantha Batista re: Defense counsel proposes the attached redactions to our letter dated May 4, 2022 because the material to be redacted relates to the medical information of Ms. Batista and other inmates (see https://nysd.uscourts.gov/sites/default/files/pdf/ecf_rules /ECF%20Rules%20020121%20FINAL.pdf R. 21.4). The material also relates to characteristics for which Ms. Batista has been targeted as well as the disciplinary history of other inmates, either of which could lead to reprisals against Ms. Batista if filed publicly, and we ask the Court in its discretion to consider this rationale as well...ENDORSEMENT...Application granted for the reasons set forth above. The Court will file defense counsel's letter dated May 4, 2022, as endorsed by the Court on that date and with the redactions proposed by defense counsel applied, on the public docket, and will file the complete, unredacted May 4 letter under seal, together with the disciplinary records referenced in that latter (Signed by Judge Laura Taylor Swain on 5/5/22)(jw) (Entered: 05/06/2022)
5/5/2022MEMO ENDORSEMENT as to Noel Martinez on re: 514 LETTER by Noel Martinez addressed to Judge Laura Taylor Swain from Jeffrey Pittell dated 4.18.2022 re: Response to the Courts Order dated March 11, 2022. ENDORSEMENT: Due to logistical obstacles to arranging the requested round trip appearance, the Court will, as requested by the defense, schedule Mr. Martinez's resentencing hearing as a remote videoconference. The resentencing hearing currently scheduled for June 7, 2022, is adjourned to June 15, 2022, at 3:00 p.m. DE#514 resolved. (Sentencing set for 6/15/2022 at 03:00 PM before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 5/5/2022) (ap) (Entered: 05/05/2022)
5/4/2022Minute Entry for proceedings held before Judge Sidney H. Stein: Jury Trial as to Christian Pabon held on 5/4/2022. Defendant present with attorneys Elizabeth Macedonio and Jeremy Schneider; for the government Adam Hobson, Rushmi Bhaskaran, and Elizabeth Espinosa present; court reporters Kristen Carannante and Carol Ganley also present. Trial continued. Defendant remains in custody. (jbo) (Entered: 05/05/2022)
5/3/2022Minute Entry for proceedings held before Judge Sidney H. Stein: Jury Trial as to Christian Pabon held on 5/3/2022. Defendant present with attorneys Elizabeth Macedonio and Jeremy Schneider; for the government Adam Hobson, Rushmi Bhaskaran, and Elizabeth Espinosa present; court reporters Kristen Carannante and Carol Ganley also present. Trial continued. Defendant remains in custody. (jbo) (Entered: 05/04/2022)
5/2/2022Minute Entry for proceedings held before Judge Sidney H. Stein:Voir Dire held on 5/2/2022 as to Christian Pabon. Defendant present with attorneys Elizabeth Macedonio and Jeremy Schneider; for the government Adam Hobson, Rushmi Bhaskaran, and Elizabeth Espinosa present; court reporters Kristen Carannante and Carol Ganley also present. Jury selection held and completed. The government will not proceed on Count Three of the (S1) Indictment. Jury selected. The government calls its first witness. The trial will continue on May 3, 2022. Defendant remains in custody (jw) (Entered: 05/03/2022)
5/2/2022 LETTER MOTION addressed to Judge Sidney H. Stein from USA dated May 2, 2022 re: Request for Curative Instruction . Document filed by USA as to Christian Pabon. (Espinosa, Elizabeth) (Entered: 05/02/2022)
4/29/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Conference proceeding held on 4/26/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 04/29/2022)
4/29/2022TRANSCRIPT of Proceedings as to Christian Pabon re: Conference held on 4/26/22 before Judge Sidney H. Stein. 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 5/20/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/28/2022. (Moya, Goretti) (Entered: 04/29/2022)
4/28/2022 LETTER by USA as to Christian Pabon addressed to Judge Sidney H. Stein from Adam S. Hobson dated April 28, 2022 re: Count Three Document filed by USA. (Hobson, Adam) (Entered: 04/28/2022)
4/27/2022LETTER RESPONSE in Opposition by USA as to Christian Pabon addressed to Judge Sidney H. Stein from Adam S. Hobson dated April 27, 2022 re: 520 LETTER MOTION addressed to Judge Sidney H. Stein from Jeremy Schneider dated April 27, 2022 re: Jury Selection and COVID-19 Vaccination .. (Hobson, Adam) (Entered: 04/27/2022)
4/27/2022 LETTER MOTION addressed to Judge Sidney H. Stein from Jeremy Schneider dated April 27, 2022 re: Jury Selection and COVID-19 Vaccination . Document filed by Christian Pabon. (Schneider, Jeremy) (Entered: 04/27/2022)
4/26/2022Minute Entry for proceedings held before Judge Sidney H. Stein: Pretrial Conference as to Christian Pabon held on 4/26/2022. Defendant present with attorneys Elizabeth Macedonio and Jeremy Schneider; for the government Adam Hobson, Rushmi Bhaskaran, and Elizabeth Espinosa present; court reporter Khris Sellin also present. Final pretrial conference held. The Court relieves CJA attorney Carla M. Sanderson. For the reasons set forth on the record, the Court grants the government's in limine motion [Doc. No. 512] and denies defendant's in limine motion [Doc. No. 507]. The trial will commence on May 2, 2022, in Courtroom 23A. Defendant remains in custody. (jbo) (Entered: 04/26/2022)
4/26/2022ORDER as to Christian Pabon: IT IS HEREBY ORDERED that Carla Marie Sanderson, one of the CJA attorneys appointed in this matter, is relieved. SO ORDERED. (Attorney Carla Marie Sanderson terminated in case as to Christian Pabon.) (Signed by Judge Sidney H. Stein on 4/26/2022) (lnl) (Entered: 04/26/2022)
4/22/2022 LETTER by USA as to Samantha Batista addressed to Judge Laura Taylor Swain from United States dated April 22, 2022 re: Samantha Batista Sentence Computation Document filed by USA. (Bagliebter, Jamie) (Entered: 04/22/2022)
4/18/2022LETTER RESPONSE in Opposition by USA as to Christian Pabon addressed to Judge Sidney H. Stein from Adam S. Hobson dated April 18, 2022 re: 507 MOTION in Limine .. (Hobson, Adam) (Entered: 04/18/2022)
4/18/2022Request To Charge by Christian Pabon. (Schneider, Jeremy) (Entered: 04/18/2022)
4/18/2022Proposed Voir Dire Questions by Christian Pabon. (Schneider, Jeremy) (Entered: 04/18/2022)
4/18/2022 LETTER by Noel Martinez addressed to Judge Laura Taylor Swain from Jeffrey Pittell dated 4.18.2022 re: Response to the Courts Order dated March 11, 2022 (Pittell, Jeffrey) (Entered: 04/18/2022)
4/18/2022MEMORANDUM in Opposition by Christian Pabon re 512 MOTION in Limine .. (Schneider, Jeremy) (Entered: 04/18/2022)
4/11/2022 MOTION in Limine . Document filed by USA as to Christian Pabon. (Espinosa, Elizabeth) (Entered: 04/11/2022)
4/11/2022Proposed Voir Dire Questions by USA as to Christian Pabon. (Bhaskaran, Rushmi) (Entered: 04/11/2022)
4/11/2022NOTICE OF ATTORNEY APPEARANCE Rushmi Bhaskaran appearing for USA. (Bhaskaran, Rushmi) (Entered: 04/11/2022)
4/11/2022Request To Charge by USA as to Christian Pabon. (Hobson, Adam) (Entered: 04/11/2022)
4/11/2022Proposed Voir Dire Questions by Christian Pabon. (Schneider, Jeremy) (Entered: 04/11/2022)
4/11/2022 MOTION in Limine . Document filed by Christian Pabon. (Attachments: # 1 Exhibit A)(Schneider, Jeremy) (Entered: 04/11/2022)
4/9/2022NOTICE OF ATTORNEY APPEARANCE Elizabeth Anne Espinosa appearing for USA. (Espinosa, Elizabeth) (Entered: 04/09/2022)
4/6/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Juan Calderon. Notice is hereby given that an official transcript of a Conference proceeding held on 3/10/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 04/06/2022)
4/6/2022TRANSCRIPT of Proceedings as to Juan Calderon re: Conference held on 3/10/22 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/27/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/5/2022. (Moya, Goretti) (Entered: 04/06/2022)
4/1/2022STATUS REPORT by Samantha Batista. (Garber, Glenn) (Entered: 04/01/2022)
3/31/2022502SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/31/2022)
3/30/2022 LETTER by Samantha Batista addressed to Judge Laura Taylor Swain from Glenn A. Garber dated 2/25/2022 re: As directed by this Court (Dkt #500), this is the letter sent to the Warden of FCI Tallahassee (Garber, Glenn) (Entered: 03/30/2022)
3/29/2022MEMO ENDORSEMENT as to Samantha Batista on 499 Status Report filed by Samantha Batista. ENDORSEMENT: The Court directs defense counsel to supplement the record with a copy of the request referenced in this letter and defense counsel's reply submission dated February 25, 2022 (docket entry no. 478). The Court further notes that the BOP website, which had previously listed Ms. Batista's projected release date as December 23, 2024, now indicates that the date is February 8, 2025. The parties are requested to file promptly any explanations they can provide for the change. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/29/2022) (lnl) (Entered: 03/29/2022)
3/28/2022STATUS REPORT by Samantha Batista. (Garber, Glenn) (Entered: 03/28/2022)
3/18/2022498SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/18/2022)
3/15/2022JUDGMENT IN A CRIMINAL CASE as to Juan Calderon (10). The defendant pleaded guilty to Count(s) 13, 14. Open counts are dismissed. Imprisonment: Time served as to each of Counts Thirteen (13) and Fourteen (14). Supervised release: Three (3) years as to Count Thirteen (13) and 4 years as to Count Fourteen (14), to run concurrently, for a total of 4 years. Assessment: $200.00. (Signed by Judge Laura Taylor Swain on 3/15/22)(jbo) (Entered: 03/17/2022)
3/15/2022DISMISSAL OF COUNTS on Government Motion as to Juan Calderon (10) Count 9. (jbo) (Entered: 03/17/2022)
3/15/2022NOTICE OF ATTORNEY APPEARANCE Adam Sloan Hobson appearing for USA. (Hobson, Adam) (Entered: 03/15/2022)
3/11/2022AMENDED ORDER as to Noel Martinez... In light of Defendant's proffers as to the error in the calculated guidelines range applicable to Mr. Martinez and the ineffectiveness of his prior counsel, and the parties' consent, the Court vacates the judgment of conviction at docket entry no. 389. The Probation Office will be directed to prepare an updated presentence investigation report including revised sentencing guideline calculations and sentencing recommendations as to Mr. Martinez. The parties are directed to appear for a resentencing hearing on June 7, 2022, at 10:00 a.m. The Government is directed to have Mr. Martinez produced for the sentencing, unless Mr. Martinez, after consultation with his counsel, agrees to proceed remotely or waives altogether his right to be present for the resentencing. Defense counsel must file a written statement concerning Mr. Martinez's decision in this regard no later than 21 days before the sentencing date. Mr. Martinez's sentencing submission must be filed no later than 14 days before the sentencing date, and the Government's sentencing submission must be filed no later than 7 days before the sentencing date. The motion is granted. The sentence imposed on May 20, 2021, is vacated (see docket entry no. 389) and Mr. Martinez will be resentenced as set forth above. This Memorandum Order resolves docket entry no. 440 in case no. 18-CR-319. The Clerk of Court is directed to enter judgment in accordance with this decision and to close case no. 21-CV-10445. Defense counsel is directed to mail a copy of this Order to Mr. Martinez. SO ORDERED. (Sentencing set for 6/7/2022 at 10:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 3/11/22)(jbo) (Entered: 03/11/2022)
3/11/2022ORDER as to Noel Martinez... The motion is granted. The sentence imposed on May 20, 2021, is vacated (see docket entry no. 389) and Mr. Martinez will be resentenced as set forth above. This Memorandum Order resolves docket entry no. 440 in case no. 18-CR-319. The Clerk of Court is directed to enter judgment in accordance with this decision and to close case no. 21-CV-10445. Defense counsel is directed to mail a copy of this Order to Mr. Martinez. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/11/22)(jbo) (Entered: 03/11/2022)
3/10/2022Minute Entry for proceedings held before Judge Laura Taylor Swain: Sentencing held on 3/10/2022 for Juan Calderon (10) Count 13,14. Defendant Juan Calderon (10) present with counsel, Kristen M. Santillo and Leslie Lockwood.For the Gov't Jamie E. Bagliebter, AUSA present. Spanish Interpreters Dagoberto Orrantia and Francisco Oliverio present. Court Reporter Lisa Franco present. The Court accepted Defendant's plea of guilty to each of Counts Thirteen (13) and Fourteen (14) of the Indictment. Defendant is sentenced to TIME SERVED as to each of Counts Thirteen (13) and Fourteen (14) followed by 3 years of supervised release as to Count Thirteen (13) and 4 years of supervised release as to Count Fourteen (14), to run concurrently, for a total of 4 years. Defendant is to pay a special assessment of $200.00 to be paid in quarterly installments of $25.00 as directed by the Probation Officer. Defendant must participate in an outpatient substance abuse treatment program approved by the U.S. Probation Office, which program may include testing to determine whether the defendant has reverted to using drugs or alcohol. Defendant must contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of third-party payment. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report and the mitigation report, to the substance abuse treatment provider, as directed by the Probation Officer. Defendant must participate in an outpatient mental health program approved by the U.S. Probation Office. The defendant must continue to take any prescribed medications unless otherwise instructed by the health care provider. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of third-party payment. The Court authorizes the release of available psychological and psychiatric evaluations and reports, including the presentence investigation report and the mitigation report, to the health care provider. Defendant must submit defendants person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if needed, with the assistance of any law enforcement. The search must be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the defendant being supervised. Failure to submit to a search may be grounds for revocation of release. Defendant must inform any other residents that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner. Defendant must participate in any educational, vocational, and/or employment programs as directed by the Probation Office. Defendant is to be supervised by the district of residence. Defendant ordered released from custody of US Marshals. (jbo) (Entered: 03/17/2022)
3/10/2022ORDER as to Juan Calderon. ORDERED that pursuant to sentence of time served imposed today, the defendant Juan Calderon is discharged from the custody of the U.S. Marshals Service. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/10/22)(jbo) (Entered: 03/11/2022)
3/9/2022ORDER as to Bryan Castillo: It is ORDERED, for the reasons stated on the record the defendant, Bryan Castillo, is hereby detained pending further order of the Court. (Signed by Judge Laura Taylor Swain on 3/8/2022) (ap) (Entered: 03/09/2022)
3/9/2022SENTENCING SUBMISSION by Juan Calderon. (Santillo, Kristen) (Entered: 03/09/2022)
3/8/2022497arrest Warrant Returned Executed on 3/8/2022 as to Bryan Castillo. (jw) (Entered: 03/18/2022)
3/8/2022Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Appearance re: Revocation of Supervised Release as to Bryan Castillo held on 3/8/2022. Defendant Bryan Castillo (4) present with counsel, Christopher Madiou sitting in for Lorraine Gauli-Rufo. For the Gov't Jamie Bagliebter, AUSA, P.O. Hildery Huffman and P.O. Alicia Black present. Court Reporter Andrew Walker present. VIOLATION OF SUPERVISED RELEASE HEARING held. The Court reappointed Lorraine Gauli-Rufo as CJA counsel. The Court appointed Christopher Madiou as CJA counsel for the limited purposes of preparing for and attending the violation of supervised release hearing. Defendant waived reading of Specifications One (1) thru Five (5). Defendant acknowledged Specifications One (1) thru Five (5). The Court orders the defendant remanded to the US Marshals to be detained pending further order of the Court. Probation is directed to submit a status report by 3/15/2022. All Specifications of the violation of supervised release are held in abeyance upon completion of defendant's substance abuse treatment. Defendant remanded. (jbo) (Entered: 03/09/2022)
3/8/2022ORDER as to Bryan Castillo. The Court hereby appoints Christopher Madiou, Esq., as CJA counsel for the limited purposes of preparing for and appearing at the violation of supervised release presentment, conference and detention hearing conducted in this case on March 8, 2022. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/8/22)(jbo) (Entered: 03/09/2022)
3/8/2022MEMO ENDORSED granting 484 LETTER MOTION Request for reappointment pursuant to the Criminal Justice Act as to Bryan Castillo (4)... ENDORSEMENT: Application granted. For the reasons proffered in this letter and those stated on the record on March 8, 2022, the Court reappoints Lorraine Gauli-Rufo as CJA counsel for defendant Bryan Castillo, in connection with Mr. Castillo's defense of his charged violations of supervised release, nunc pro tunc as of March 3, 2022. DE#484 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/8/22) (jbo) (Entered: 03/09/2022)
3/8/2022 MEMORANDUM OF LAW in Support by Noel Martinez re: 440 MOTION to Vacate under 28 U.S.C. 2255 filed by Noel Martinez . (Pittell, Jeffrey) (Entered: 03/08/2022)
3/7/2022ORDER as to Bryan Castillo: The violation of supervised release hearing in this case is scheduled to proceed on March 8, 2022, at 12:15 p.m., in Courtroom 17C. The parties' attention is directed to the Court's policies regarding courthouse entry and COVID-19 test reporting protocols, which are available on the Court's website, at https://www.nysd.uscourts.gov/covid-19-coronavirus. The parties are directed to email Chambers at SwainNYSDCorresp@nysd.uscourts.gov any documents they would like the Court to consider during or in connection with the proceeding at least 24 hours in advance of the proceeding. (Preliminary Revocation Hearing set for 3/8/2022 at 12:15 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 3/7/2022) (ap) (Entered: 03/08/2022)
3/7/2022 RESPONSE TO THE GOVERNMENT'S MEMORANDUM OF LAW IN OPPOSITION TO MILTON CHARDON'S PETITION PURSUANT TO 28 U.S.C. §2255 TO VACATE, SET ASIDE OR CORRECT HIS SENTENCE by Milton Chardon re 425 MOTION to Vacate under 28 U.S.C. 2255. (ap) (Entered: 03/07/2022)
3/7/2022 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 3/7/2022 re: Request for reappointment pursuant to the Criminal Justice Act . Document filed by Bryan Castillo. (Gauli-Rufo, Lorraine) (Entered: 03/07/2022)
3/4/2022483SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/04/2022)
3/3/2022SENTENCING SUBMISSION by USA as to Juan Calderon. (Bagliebter, Jamie) (Entered: 03/03/2022)
3/3/2022ORDER as to Christian Pabon: IT IS HEREBY ORDERED that the dates in the Order dated February 1, 2022 [Doc. No. 467], are modified as follows: 1. The last day for the parties to file proposed jury charges, proposed voir dire, and any motions in limine is April 11, 2022; 2. Responses to any motions are due by April 18, 2022; 3. There will be a final pretrial conference on April 26, 2022, at 2:30 p.m.; and 4. The trial of this matter will begin on May 2, 2022, at 9:30 a.m. SO ORDERED. (Motions due by 4/11/2022. Responses due by 4/18/2022. Final Pretrial Conference set for 4/26/2022 at 02:30 PM before Judge Sidney H. Stein. Jury Trial set for 5/2/2022 at 09:30 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 3/3/2022) (lnl) (Entered: 03/03/2022)
3/1/2022ORDER as to Samantha Batista: The Court has received the parties' supplemental submissions filed in connection with Defendant's pending renewed motion for compassionate release (docket entry nos. 464, 474, 478), including the parties' positions as to whether each basis for Ms. Batista's pending application has been fully exhausted as required under 18 U.S.C. section 3582(c), and as to whether any remaining exhaustion requirement(s) should be waived in light of the circumstances of this case. The Court also notes that defense counsel represents that "defense has made a request for relief with the BOP via the warden at FCI Tallahassee," and asks "that decision on [Ms. Batista's] compassionate release motion be held in abeyance for thirty dates or sooner." (Docket entry no. 578 at 1 n.1.) The Court directs defense counsel, upon the sooner of (a) thirty days from the warden's receipt of defense counsel's request or (b) the warden's grant or denial of that request, to file a letter updating the Court as to the status of that request. (Signed by Judge Laura Taylor Swain on 3/1/2022) (ap) (Entered: 03/01/2022)
2/27/2022SENTENCING SUBMISSION by Juan Calderon. (Santillo, Kristen) (Entered: 02/27/2022)
2/25/2022 REPLY TO RESPONSE to Motion by Samantha Batista re 269 MOTION For Time Reduction under Section 3582(c)(1)(A) Immediate Release to Home Confinement in Accordance with the First Step Act of 2018.. (Garber, Glenn) (Entered: 02/25/2022)
2/17/2022MEMO ENDORSEMENT as to (18-Cr-319-7) Samantha Batista on re: 476 LETTER by Samantha Batista addressed to Judge Laura Taylor Swain from Attorney Glenn A. Garber dated 02/16/2022 re: Request for a 1-week extension to file reply to motion for compassionate release. The current deadline for Ms. Batista's reply currently due on February 18, 2022. I am requesting a 1-week extension to file the reply due to delays in communications with Ms. Batista. ENDORSEMENT: Application granted. DE#476 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/17/2022)(bw) (Entered: 02/17/2022)
2/16/2022 LETTER by Samantha Batista addressed to Judge Laura Taylor Swain from Glenn A. Garber dated 02/16/2022 re: Request for a 1-week extension to file reply to motion for compassionate release (Garber, Glenn) (Entered: 02/16/2022)
2/16/2022 LETTER MOTION addressed to Judge Sidney H. Stein from Elizabeth E. Macedonio dated February 16, 2022 re: Continuation of Trial Counsel . Document filed by Christian Pabon. (Macedonio, Elizabeth) (Entered: 02/16/2022)
2/11/2022 LETTER by USA as to Samantha Batista addressed to Judge Laura Taylor Swain from United States dated February 11, 2022 re: Opposition to Motion for Reduction of Sentence Document filed by USA. (Bagliebter, Jamie) (Entered: 02/11/2022)
2/8/2022MEMO ENDORSEMENT as to (18-Cr-319-10) Juan Calderon on re: 472 CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from Attorney Kristen Santillo dated February 4, 2022 re: Request for Adjournment of Sentence. ENDORSEMENT: Application granted. The sentencing hearing currently scheduled for February 15, 2022, is adjourned to March 10, 2022, at 2:30 p.m. DE#472 resolved. SO ORDERED. ( Sentencing set for 3/10/2022 at 02:30 PM before Judge Laura Taylor Swain. )(Signed by Judge Laura Taylor Swain on 2/8/2022)(bw) (Entered: 02/09/2022)
2/4/2022CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from Kristen Santillo dated February 4, 2022 re: Request for Adjournment of Sentence . Document filed by Juan Calderon. (Santillo, Kristen) (Entered: 02/04/2022)
2/2/2022471SEALED DOCUMENT placed in vault. (nmo) (Entered: 02/02/2022)
2/2/2022ORDER as to Milton Chardon: The Court has received Defendant Milton Chardon's letter dated January 19, 2022, requesting a 45 (forty-five)-day extension of his current deadline to file a reply in support of his pending motion to vacate pursuant to 28 U.S.C. section 2255 (see docket entry nos. 425 & 426), in light of an outbreak of COVID-19 at his facility. Mr. Chardon's application is granted. Mr. Chardon shall file any reply to the Governments answer dated January 3, 2022, by March 21, 2022. Chambers will mail a copy of this order to Mr. Chardon. SO ORDERED. (Reply due by 3/21/2022) (Signed by Judge Laura Taylor Swain on 2/2/2022) (lnl) (Entered: 02/02/2022)
2/2/2022 MOTION for Extension of Time Document filed by Milton Chardon. (jw) (Entered: 02/02/2022)
2/1/2022ORDER as to Bryan Castillo: The Court has received and reviewed an email from defendant Bryan Castillo requesting the early termination of his inpatient substance abuse treatment program, his participation in which is a special condition of his term of supervised released imposed by the Court's Judgment dated October 6, 2020 (docket entry no. 298). Due to the email's discussion of sensitive medical and family issues, the Court will file the email under seal. The Court has consulted with the Court's Probation Department and concludes that termination of Mr. Castillo's participation in his inpatient program is not appropriate in light of Mr. Castillo's continued need to address his underlying issues in an inpatient setting. The Court appreciates Mr. Castillo's sincere desire to support his family, and encourages him to fully engage in his treatment program in order to best prepare himself to take care of his loved ones over the long term. Chambers will email a copy of this Order to Mr. Castillo at the email address provided in his communication to the Court. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/1/2022) (lnl) (Entered: 02/01/2022)
2/1/2022Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference by Zoom videoconference as to Christian Pabon held on 2/1/2022. Defendant Christian Pabon and his attorney Elizabeth Macedonio participating, for the government Jamie Bagliebter participating. Court reporter Patricia Nilsen. The last day to file proposed jury charges, proposed voir dire, and any motions in limine is April 25, 2022. The government's opposition to any motions is due by May 2, 2022, and the final pretrial conference will be held on May 12, 2022, at 2:00 p.m., in Courtroom 23A. Ms. Macedonio shall notify the Court within two weeks from today regarding the two additional attorneys. At the request of the government, and with the consent of defendant, the Court excludes time from calculation under the Speedy Trial Act from today until March 12, 2022. (jbo) Modified on 4/7/2022 (lab). (Entered: 02/01/2022)
2/1/2022ORDER as to Christian Pabon: IT IS HEREBY ORDERED that: 1. The last day for the parties to file proposed jury charges, proposed voir dire, and any motions in limine is April 25, 2022; 2. Responses to any motions are due by May 2, 2022; 3. There will be a final pretrial conference on May 12, 2022, at 2:00 p.m.; 4. The trial of this matter remains at May 16, 2022, at 9:30 a.m.; and 5. The time is excluded from calculation under the Speedy Trial Act from today until May 12, 2022. The Court finds that the ends of justice served by this continuance outweigh the best interests of the public and the defendant in a speedy trial pursuant to 18 U.S.C. § 3161 (h)(7)(A). (Motions due by 4/25/2022. Responses due by 5/2/2022. Final Pretrial Conference set for 5/12/2022 at 02:00 PM before Judge Sidney H. Stein. Jury Trial set for 5/16/2022 at 09:30 AM before Judge Sidney H. Stein.) (Time excluded from 2/1/2022 until 5/12/2022) (Signed by Judge Sidney H. Stein on 2/1/2022) (lnl) (Entered: 02/01/2022)
2/1/2022CONSENT TO PROCEED BY VIDEOCONFERENCE OF TELECONFERENCE as to Christian Pabon. (Signed by Judge Sidney H. Stein on 2/1/2022)(lnl) (Entered: 02/01/2022)
2/1/2022ORDER as to Juan Calderon: The sentencing hearing currently scheduled to proceed on February 15, 2022, at 2:15 p.m., is hereby rescheduled to commence on February 15, 2022, at 3:00 p.m., in Courtroom 17C. All other provisions of the Courts Order dated November 15, 2022 (docket entry no. 435) remain in effect. SO ORDERED. (Sentencing set for 2/15/2022 at 03:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 2/1/2022) (lnl) (Entered: 02/01/2022)
1/31/2022MEMORANDUM in Support by Samantha Batista re 427 MOTION.. (Garber, Glenn) (Entered: 01/31/2022)
1/31/2022MEMO ENDORSEMENT as to Juan Calderon (10) granting 461 LETTER MOTION addressed to Judge Laura Taylor Swain from Kristen Santillo dated January 29, 2022 re: Request for Brief Extension of Deadlines for Sentencing Submissions. ENDORSEMENT: Application granted. The parties shall make their sentencing submissions on the schedule set forth above. DE#461 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/31/2022) (lnl) (Entered: 01/31/2022)
1/29/2022 LETTER MOTION addressed to Judge Laura Taylor Swain from Kristen Santillo dated January 29, 2022 re: Request for Brief Extension of Deadlines for Sentencing Submissions . Document filed by Juan Calderon. (Santillo, Kristen) (Entered: 01/29/2022)
1/28/2022460SEALED DOCUMENT placed in vault. (jus) (Entered: 01/28/2022)
1/28/2022459SEALED DOCUMENT placed in vault. (jus) (Entered: 01/28/2022)
1/27/2022MEMO ENDORSED granting 457 LETTER MOTION providing a status report and requesting an adjournment of the current briefing schedule as to Noel Martinez (8)... ENDORSEMENT: The requested extension of time is granted. Counsel shall file Petitioner's amendment to the petition by March 9, 2022, and the response and reply deadlines are extended accordingly. DE#8 in case no. 21-cv-10445 and DE#457 in case no. 18-cr-319 are resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/27/22) (jbo) (Entered: 01/27/2022)
1/26/2022 LETTER MOTION addressed to Judge Laura Taylor Swain from Jeffrey Pittell dated 1.26.22 re: providing a status report and requesting an adjournment of the current briefing schedule . Document filed by Noel Martinez. (Pittell, Jeffrey) (Entered: 01/26/2022)
1/14/2022MEMO ENDORSEMENT as to Samantha Batista on 455 LETTER by Samantha Batista addressed to Judge Laura Taylor Swain from Glenn A. Garber dated 1/14/2022 re: Request 2-week extension to file supplemental motion. ENDORSEMENT: The foregoing request for an extension is granted. Dkt. no. 455 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/14/2022) (lnl) (Entered: 01/14/2022)
1/14/2022 LETTER by Samantha Batista addressed to Judge Laura Taylor Swain from Glenn A. Garber dated 1/14/2022 re: Request 2-week extension to file supplemental motion (Garber, Glenn) (Entered: 01/14/2022)
1/5/2022Transmission of USCA Mandate/Order to the District Judge re: 453 USCA Mandate - Final Judgment Appeal. (tp) (Entered: 01/05/2022)
1/5/2022MANDATE of USCA (Certified Copy) as to Samantha Batista re: 317 Notice of Appeal - Final Judgment, USCA Case Number 20-3809-cr. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/5/2022. (tp) (Entered: 01/05/2022)
1/4/2022ORDER as to Christian Pabon: IT IS HEREBY ORDERED that: 1. The last day for the parties to file pretrial motions is January 24, 2022; responses are due by January 31, 2022; 2. The conference scheduled for January 27, 2022, at 3:30 p.m. is moved up to 11:30 a.m. on that day and will take place in Courtroom 23A; 3. The trial of this matter is scheduled for May 16, 2022, at 9:30 a.m.; and 4. The parties should be aware that although the Court is submitting the jury request for this trial to begin on May 16, 2022, the trial date may be rescheduled by the Court's Ad Hoc Committee on the Resumption of Jury Trials to another date in the second quarter of 2022. The Court will notify the parties as soon as the second quarter trial calendar has been established for trials at the U.S. Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Motions due by 1/24/2022. Responses due by 1/31/2022. Jury Trial set for 5/16/2022 at 09:30 AM before Judge Sidney H. Stein. Pretrial Conference set for 1/27/2022 at 11:30 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 1/4/2022) (lnl) (Entered: 01/04/2022)
1/4/2022NOTICE OF CASE REASSIGNMENT as to Christian Pabon, to Judge Sidney H. Stein. Judge Laura Taylor Swain no longer assigned to the case. (aea) (Entered: 01/04/2022)
1/3/2022MEMORANDUM in Opposition by USA as to Milton Chardon re 425 MOTION to Vacate under 28 U.S.C. 2255. (Attachments: # 1 Sentencing Transcript, # 2 Plea Agreement, # 3 Plea Transcript)(Bagliebter, Jamie) (Entered: 01/03/2022)
12/19/2021NOTICE OF ATTORNEY APPEARANCE: Jeffrey G. Pittell appearing for Noel Martinez. Appearance Type: CJA Appointment. (Pittell, Jeffrey) (Entered: 12/19/2021)
12/17/2021ORDER APPOINTING CJA COUNSEL as to Samantha Batista. The Court appoints Glenn A. Garber as CJA counsel to represent Ms. Batista in connection with her renewed application for a reduction in sentence pursuant to 18 U.S.C. section 3582(c)(1)(A). Absent any application for an extension of time (and order of the Court granting such extension), defense counsel shall file a supplemental filing in support of Ms. Batista's renewed motion by January 17, 2022, attaching any supporting materials counsel wishes the Court to consider in connection with that motion. The Government shall file its response to the supplemental filing by January 28, 2022. Defense counsel shall file any reply by February 4, 2022. (Renewed Motions due by 1/17/2022., Defense counsel due by 2/4/2022., Government Responses due by 1/28/2022). (Signed by Judge Laura Taylor Swain on 12/17/21)(jw) (Entered: 12/17/2021)
12/17/2021448SEALED DOCUMENT placed in vault. (jus) (Entered: 12/17/2021)
12/17/2021ORDER as to Samantha Batista. The Court has received the Government's submission dated November 23, 2021 (docket entry no. 438), which attaches, as Exhibit A, a collection of Defendants medical records. In light of Exhibit A's sensitive contents, the Court will file that exhibit under seal. Chambers will mail a copy of this Order to Ms. Batista. (Signed by Judge Laura Taylor Swain on 12/17/21)(jw) (Entered: 12/17/2021)
12/15/2021DEFENDANT'S SUR-REPLY TO THE GOVERNMENT'S OPPOSITION TO RELIEF by Samantha Batista (jw) (Entered: 12/15/2021)
12/10/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christian Pabon. Notice is hereby given that an official transcript of a Conference proceeding held on 11/30/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 12/10/2021)
12/10/2021TRANSCRIPT of Proceedings as to Christian Pabon re: Conference held on 11/30/21 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Lisa Picciano Franko, (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 1/3/2022. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/10/2022. (Moya, Goretti) (Entered: 12/10/2021)
12/8/2021ORDER TO ANSWER, 28 U.S.C. § 2255 as to Noel Martinez... 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, Mr. Martinez's appointed counsel is directed to file an amended section 2255 motion setting forth all his grounds for relief and any supporting facts. Within sixty days of the date of Mr. Martinez's amended section 2255 motion, 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 reply. 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. Chambers will mail a copy of this Order to Mr. Martinez. Responses due by 2/7/2022. (Signed by Judge Laura Taylor Swain on 12/8/2021) (Copies mailed by Chambers) (ap) (Entered: 12/08/2021)
12/8/2021ORDER APPOINTING COUNSEL as to Noel Martinez. The Court has received movant-defendant Noel Martinez's pro se motion pursuant to 28 U.S.C. section 2255 to vacate his sentence, and accompanying motion for the appointment of counsel pursuant to the Criminal Justice Act ("CJA"). The Court, having considered the factors set forth in Hodge v. Police Officers, 802 F.2d 58 (2d Cir. 1985), concludes that the appointment of CJA counsel to represent Mr. Martinez in connection with his section 2255 motion is in the interests of justice. See, e.g., Starkes v. United States, No. 20-CV-0265-LGS, 2020 WL 230944, at *2 (S.D.N.Y. Jan. 15, 2020) (applying the Hodge factors and appointing counsel, pursuant to 18 U.S.C. section 3006A and 28 U.S.C. sections 2255(g), in connection with a section 2255 motion brought by an indigent movant alleging his criminal counsel's failure to request a competency hearing). The Court therefore appoints counsel from the Criminal Justice Act Habeas Panel. The Court's CJA Clerk is directed to assign the next available, non-conflicted attorney from that panel to represent Mr. Martinez in connection with his motion pursuant to section 2255. Because Mr. Martinez's section 2255 motion contains his complete birthdate, the Court has filed a redacted version of that motion on the public docket, and will file the complete, unredacted version under seal. See Fed. R. Civ. P. 5.2; Fed. R. Crim. P. 69.1. This Order resolves docket entry no. 2 in case no. 21-CV-10445, and docket entry no. 441 in case no. 18-CR-319. Chambers will mail a copy of this Order to Mr. Martinez. (Signed by Judge Laura Taylor Swain on 12/8/2021) (Copies mailed by Chambers) (ap) (Entered: 12/08/2021)
12/2/2021 MOTION for Appointment of Counsel. Document filed by Noel Martinez. (sac) (Entered: 12/07/2021)
12/2/2021 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Noel Martinez. (sac)
Civil case 1:21-cv-10445 opened. (Entered: 12/07/2021)
11/30/2021Minute Entry for proceedings held before Judge Laura Taylor Swain: Pretrial Conference as to Christian Pabon held on 11/30/2021. Defendant Christian Pabon (3) present with counsel, Elizabeth E. Macedonio. For the Govt Jamie Bagliebter, AUSA present. Court Reporter Lisa Franco present. Motions due by 1/24/2022. Next PTC is scheduled for 1/27/2022 at 3:30pm. Jury Trial is scheduled to commence on 5/16/2022 at 9:30am. Speedy Trial Time is excluded from 11/30/2021 through 5/16/2022. Defendant continued remanded. (Motions due by 1/24/2022. Pretrial Conference set for 1/27/2022 at 03:30 PM before Judge Laura Taylor Swain. Jury Trial set for 5/16/2022 at 09:30 AM before Judge Laura Taylor Swain.) (lnl) (Entered: 12/01/2021)
11/23/2021ORDER as to (18-Cr-319-3) Christian Pabon. The pretrial conference in this case is scheduled to proceed on November 30, 2021, at 9:00 a.m., in Courtroom 17C. The parties' attention is directed to the Court's policies regarding courthouse entry and COVID-19 test reporting protocols, which are available on the Court's website, at https://www.nysd.uscourts.gov/covid-19-coronavirus. The parties are directed to email Chambers at SwainNYSDCorresp@nysd.uscourts.gov any documents they would like the Court to consider during or in connection with the proceeding at least 24 hours in advance of the proceeding. SO ORDERED. ( Pretrial Conference set for 11/30/2021 at 09:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. ) (Signed by Judge Laura Taylor Swain on 11/23/2021)(bw) (Entered: 11/24/2021)
11/23/2021 LETTER by USA as to Samantha Batista addressed to Judge Laura Taylor Swain from United States dated November 23, 2021 re: Defendant's Motion for Reduction in Sentence Document filed by USA. (Bagliebter, Jamie) (Entered: 11/23/2021)
11/15/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Juan Calderon. Notice is hereby given that an official transcript of a Conference proceeding held on 11/9/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 11/15/2021)
11/15/2021TRANSCRIPT of Proceedings as to Juan Calderon re: Conference held on 11/9/21 before Magistrate Judge Kevin Nathaniel Fox. 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 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (Moya, Goretti) (Entered: 11/15/2021)
11/15/2021ORDER as to Juan Calderon. The sentencing hearing in this case is scheduled to proceed on February 15, 2022, at 2:15 p.m., in Courtroom 17C. The parties' attention is directed to the Court's policies regarding courthouse entry and COVID-19 test reporting protocols, which are available on the Court's website, at https://www.nysd.uscourts.gov/covid-19-coronavirus. The parties are directed to email Chambers at SwainNYSDCorresp@nysd.uscourts.gov any documents they would like the Court to consider during or in connection with the proceeding at least 24 hours in advance of the proceeding. SO ORDERED. (Sentencing set for 2/15/2022 at 02:15 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 11/15/21)(jbo) (Entered: 11/15/2021)
11/12/2021ORDER as to Juan Calderon: The indictment in this matter includes one or more forfeiture allegations. Pursuant to Rule 32.2(b) of the Federal Rules of Criminal Procedure, after a finding of guilt, the Court must determine whether property is subject to forfeiture under the applicable statute and enter a preliminary order of forfeiture if necessary. Accordingly, the Government is hereby directed to determine what property it will seek to have forfeited and confer promptly with defense counsel to ascertain whether the defense opposes the forfeiture sought. The Government must thereafter provide a proposed preliminary order of forfeiture no later than two weeks before the scheduled sentencing date via email to Chambers at SwainNYSDCorresp@nysd.uscourts.gov, with a copy served on defense counsel. If the preliminary order is not on consent, the Government's submission must be accompanied by a description of the evidentiary basis for its forfeiture position and a statement as to whether the parties believe that an evidentiary hearing is warranted pursuant to Rule 32.2(b)(1). Defense counsel will have one week following his or her receipt of the Government's letter to respond. (Signed by Judge Laura Taylor Swain on 11/12/2021) (ap) (Entered: 11/12/2021)
11/12/2021ORDER as to Samantha Batista: The Court has received Defendant Samantha Batista's pro se letter, mailed on November 5, 2021, reporting an outbreak of COVID-19 at her facility, resulting in at least one death of an inmate housed in her building, and requesting a hearing and the appointment of counsel. Ms. Batista's letter also attaches a letter dated July 7, 2021, addressed to the warden of her facility, requesting compassionate release based on the "toxic mold and other chemicals" in her unit, her "long COVID symptoms," and her fears of being reinfected with COVID-19. These proffers are also the subjects of Ms. Batista's pending motion for an indicative ruling (docket entry no. 427), as to which the Court directed the Government to respond by November 23, 2021, and Ms. Batista to file any reply by December 14, 2021. (See docket entry no. 428.) The Government is directed to respond to Ms. Batista's November 5 letter in connection with its response to her motion for an indicative ruling. In its response, the Government is directed to address whether, to the extent the Court construes Ms. Batista's letter and motion as a new or renewed motion for a reduction in sentence based on proffered circumstances distinct from those at issue in her prior application, the Court "lacks authority to grant" such a motion "because of an appeal that has been docketed and is pending." Fed. R. Crim. P. 37; see also United States v. Rodriguez, No. 18-CR-49-RJA, 2021 WL 776974, at *1 (W.D.N.Y. Mar. 1, 2021) (construing application for bail pending appeal as "a new/renewed motion for compassionate release based on changed circumstances," including the movant's change of facility and supplemented medical records, and issuing an "indicative ruling that it would grant the motion if the Second Circuit [were to remand] the case for that purpose"). Ms. Batista's request for the appointment of counsel remains under advisement. Chambers will mail a copy of this Order to Ms. Batista. (Signed by Judge Laura Taylor Swain on 11/12/2021) (Copies Mailed By Chambers) (ap) (Entered: 11/12/2021)
11/12/2021 LETTER by Samantha Batista addressed to Judge Laura Taylor Swain, from Samantha Batista dated 11/3/2021 re: Defendant writes regarding COVID. (ap) (Entered: 11/12/2021)
11/10/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yasmil Fertides. Notice is hereby given that an official transcript of a Conference proceeding held on 10/15/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 11/10/2021)
11/10/2021TRANSCRIPT of Proceedings as to Yasmil Fertides re: Conference held on 10/15/21 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/1/2021. Redacted Transcript Deadline set for 12/13/2021. Release of Transcript Restriction set for 2/8/2022. (Moya, Goretti) (Entered: 11/10/2021)
11/9/2021Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Defendant is present with attorney Kristen Santillo; AUSA Margaret Graham and Spanish Interpreter are also present. Change of Plea Hearing as to Juan Calderon held on 11/9/2021. Plea entered by Juan Calderon (10) Guilty as to Count 13,14. (jm) (Entered: 11/09/2021)
11/9/2021CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Juan Calderon. (jm) (Entered: 11/09/2021)
11/9/2021ORDER as to Samantha Batista: The Government is directed to file its response to Ms. Batista's motion, which must include her updated BOP medical records, by November 23, 2021. The Government may request that the Court file medical records that are included in the response under seal, and sensitive medical information may be redacted from the response that is filed on ECF. A complete, unredacted courtesy copy of the Government's response must be mailed to Defendant, and emailed to Chambers via SwainNYSDCorresp@nysd.uscourts.gov. Ms. Batista's reply to the Government's response, if any, must be filed by December 14, 2021. Ms. Batista's request for the appointment of counsel will remain under advisement pending the Court's review of the Government's response. The Government is directed to file its response to Ms. Batista's motion, which must include her updated BOP medical records, by November 23, 2021. The Government may request that the Court file medical records that are included in the response under seal, and sensitive medical information may be redacted from the response that is filed on ECF. A complete, unredacted courtesy copy of the Government's response must be mailed to Defendant, and emailed to Chambers via SwainNYSDCorresp@nysd.uscourts.gov. Ms. Batista's reply to the Government's response, if any, must be filed by December 14, 2021. Ms. Batista's request for the appointment of counsel will remain under advisement pending the Court's review of the Government's response. (Responses due by 11/23/2021. Replies due by 12/14/2021) (Signed by Judge Laura Taylor Swain on 11/9/2021) (Copies Mailed by Chambers) (ap) Modified on 11/10/2021 (ap). (Entered: 11/09/2021)
11/9/2021 DEFENDANT'S RULE 62.1(a)(3) MOTION FOR INDICATIVE RULING FOR RELIEF PENDING APPEAL MOTION FOR APPOINTMENT OF COUNSEL. Document filed by Samantha Batista. (ap) (Entered: 11/09/2021)
11/4/2021ORDER TO ANSWER, 28 U.S.C. § 2255 as to Milton Chardon... 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 1/3/2022. (Signed by Judge Laura Taylor Swain on 11/4/21)(jbo) (Entered: 11/05/2021)
11/2/2021MOTION to Vacate under 28 U.S.C. 2255. Document filed by Milton Chardon. (sac)
Civil case 1:21-cv-09129 opened. (Entered: 11/04/2021)
10/28/2021Terminate Deadlines and Hearings as to Juan Calderon (10): Terminated Change of Plea Hearing set for 10/28/2021 at 02:15 PM before Judge Laura Taylor Swain. (bw) (Entered: 10/28/2021)
10/28/2021ENDORSED LETTER as to (18-Cr-319-10) Juan Calderon addressed to Judge Laura Taylor Swain from Attorney Kristen M. Santillo dated October 28, 2021 re: On behalf of defendant Juan Calderon, I write to request that the plea hearing currently scheduled for Mr. Calderon this afternoon, October 28, 2021, be adjourned. ENDORSEMENT: Application granted to the extent that the change of plea hearing scheduled for October 28, 2021, is adjourned, to a date and time on or before November 3, 2021, to be arranged with the on duty Magistrate Judge. The Court finds pursuant to 18 U.S.C. § 3161(h)(7)(A) that the ends of justice served by an exclusion of the time from today's date through November 3, 2021, outweigh the best interests of the public and the defendants in a speedy trial, to allow time for the provision of advice and continued discussions between the parties. DE#423 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/28/2021)(bw) (Entered: 10/28/2021)
10/28/2021CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from Kristen Santillo dated October 28, 2021 re: Adjournment of Plea Hearing . Document filed by Juan Calderon. (Santillo, Kristen) (Entered: 10/28/2021)
10/25/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Juan Calderon. Notice is hereby given that an official transcript of a Hearing proceeding held on 1/4/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (mqu) (Entered: 10/25/2021)
10/25/2021TRANSCRIPT of Proceedings as to Juan Calderon re: Hearing held on 1/4/21 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/15/2021. Redacted Transcript Deadline set for 11/26/2021. Release of Transcript Restriction set for 1/24/2022. (mqu) (Entered: 10/25/2021)
10/24/2021JUDGMENT In A Criminal Case. Date of Imposition of Judgment: October 15, 2021. Defendant Yasmil Fertides (1) pleaded guilty to Count(s) 1ss and 2ss. Count(s) and any underlying indictment(s) are dismissed on the motion of the United States. IMPRISONMENT: 60 months as to Count One (1) and 24 months as to Count Two (2), to run consecutively, for a total of 84 months. - The court makes the following recommendations to the Bureau of Prisons: that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. The Court recommends that the defendant be afforded mental health treatment and afforded an opportunity to participate in the BOP's Residential Drug Abuse Treatment Program (RDAP). SUPERVISED RELEASE: 3 years as to Count One (1) and 4 years as to Count Two (2), to run concurrently, for a total of 4 years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $200.00. Special instructions regarding the payment of criminal monetary penalties: Defendant is to pay a special assessment of $200.00 to be paid through the BOP's Inmate Financial Responsibility Program. (Signed by Judge Laura Taylor Swain on 10/21/2021)(bw) (Entered: 10/25/2021)
10/20/2021MANDATE of USCA (Certified Copy) as to Noel Martinez re:, 393 Notice of Appeal. 397 Notice of Appeal. USCA Case Number 21-1388. Appellant moves to withdraw the above-captioned appeal. IT IS HEREBY ORDERED that the motion is GRANTED. The appeal is deemed WITHDRAWN... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/20/2021. (nd) (Entered: 10/20/2021)
10/18/2021Minute Entry for proceedings held before Judge Laura Taylor Swain: Status Conference as to Juan Calderon held on 10/18/2021. Defendant Juan Calderon (10) present with counsel, Kristen M. Santillo. For the Gov't Ale Rossmillert, AUSA present. Spanish Interpreter Gabriel Mitre present. Court Reporter Pamela Utter present. PLEA HEARING held and adjourned to 10/28/2021 at 2:15pm. Speedy Trial Time is excluded from 10/18/2021 through 10/28/2021. Defendant continued remanded. (jbo) (Entered: 10/19/2021)
10/15/2021DISMISSAL OF COUNTS on Government Motion as to Yasmil Fertides (1) Count 1,1s,2,4s,5s,8s,9s,13s,14s. (bw) (Entered: 10/25/2021)
10/15/2021Minute Entry for proceedings held before Judge Laura Taylor Swain: Sentencing held on 10/15/2021 for Yasmil Fertides (1) Count 1ss,2ss. Defendant Yasmil Ferrtides (1) present with counsel, Richard Ma. For the Gov't Chris Brumwell, AUSA present. Court Reporter Paula Speer present. Defendant is sentenced to 60 months of imprisonment as to Count One (1) and 24 months of imprisonment as to Count Two (2), to run consecutively, for a total of 84 months. To be followed by 3 years of supervised release as to Count One (1) and 4 years of supervised release as to Count Two (2), to run concurrently, for a total of 4 years. The Court recommends to the BOP that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. The Court recommends to the BOP that the defendant be afforded mental health treatment and be afforded an opportunity to participate in the BOP's Residential Drug Abuse Treatment Program (RDAP). Defendant is to pay a special assessment of $200.00 to be paid through the BOP's Inmate Financial Responsibility Program. Defendant must participate in an outpatient substance abuse treatment program approved by the U.S. Probation Office, which program may include testing to determine whether the defendant has reverted to using drugs or alcohol. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of third-party payment. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance abuse treatment provider, as directed by the Probation Officer. Defendant must participate in an outpatient mental health program approved by the U.S. Probation Office. The defendant must continue to take any prescribed medications unless otherwise instructed by the health care provider. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of 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. Defendant must submit defendant's person, residence, place of business, vehicle, and any property, computers, electronic communications, data storage devices and/or other media under defendants control to a search on the basis that the Probation Officer has a reasonable suspicion 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. Defendant must inform any other residents that the premises may be subject to search pursuant to this condition. Defendant is to be supervised by the district of residence. Defendant continued remanded. (bw) (Entered: 10/25/2021)
10/14/2021ORDER as to (18-Cr-319-10) Juan Calderon. The change of plea hearing in this case is scheduled to proceed on October 18, 2021, at 2:30 p.m., in Courtroom 17C. The parties' attention is directed to the attached information regarding courthouse entry, and to the Court's policies regarding courthouse entry and COVID-19 test reporting protocols, which are available on the Court's website, at https://www.nysd.uscourts.gov/covid-19-coronavirus. The parties are directed to email Chambers at SwainNYSDCorresp@nysd.uscourts.gov any documents they would like the Court to consider during or in connection with the proceeding at least 24 hours in advance of the proceeding. To access the audio feed of the conference, members of the press and public may call 888-363-4734 and use access code 1527005# and security code #1866. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. See Standing Order M-10-468, No. 21-MC-45 (S.D.N.Y. Jan. 19, 2021). Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. SO ORDERED. ( Change of Plea Hearing set for 10/18/2021 at 02:30 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. ) (Signed by Judge Laura Taylor Swain on 10/14/2021)(bw) (Entered: 10/14/2021)
10/9/2021SENTENCING SUBMISSION by USA as to Yasmil Fertides. (Bagliebter, Jamie) (Entered: 10/09/2021)
10/1/2021SENTENCING SUBMISSION by Yasmil Fertides. (Attachments: # 1 Exhibit A - Letters, # 2 Exhibit B(1) - Certificates, # 3 Exhibit B(2) - Certificates, # 4 Exhibit B(3)- Certificates, # 5 Exhibit C - Work Performance Rating, # 6 Exhibit D - Letters of Counselor and Chaplain, # 7 Exhibit E - Letter of Yasmil Fertides)(Ma, Richard) (Entered: 10/01/2021)
10/1/2021ORDER as to Yasmil Fertides. The sentencing hearing in this case is scheduled to proceed on October 15, 2021, at 11:00 a.m., in Courtroom 17C. The parties' attention is directed to the attached information regarding courthouse entry, and to the Court's policies regarding courthouse entry and COVID-19 test reporting protocols, which are available on the Court's website, at https://www.nysd.uscourts.gov/covid-19-coronavirus. The parties are directed to email Chambers at SwainNYSDCorresp@nysd.uscourts.gov any documents they would like the Court to consider during or in connection with the proceeding at least 24 hours in advance of the proceeding. To access the audio feed of the conference, members of the press and public may call 888-363-4734 and use access code 1527005# and security code #1866. Persons granted remote access to proceedings are reminded of the general prohibition against photographing,recording, and rebroadcasting of court proceedings. See Standing Order M-10-468, No. 21-MC-45 (S.D.N.Y. Jan. 19, 2021). Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. SO ORDERED. ( Sentencing set for 10/15/2021 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. ) (Signed by Judge Laura Taylor Swain on 10/1/2021)(bw) (Entered: 10/01/2021)
9/30/2021Minute Entry for proceedings held before Judge Laura Taylor Swain: Pretrial Conference as to Christian Pabon held on 9/30/2021. Defendant Christian Pabon (3) present with counsel, Jeremy Schneider. For the Gov't Jamie Bagliebter, AUSA present. Court Reporter Raquel Robles present. PTC held. Next PTC is scheduled for 11/30/2021 at 9:00am. Speedy Trial Time is excluded from 9/30/2021 through 11/30/2021. Defendant continued remanded. (jbo) (Entered: 10/05/2021)
9/28/2021MEMO ENDORSEMENT as to Juan Calderon (10) granting 413 LETTER MOTION addressed to Judge Laura Taylor Swain from Kristen M. Santillo dated Sept. 28, 2021 re: Joint Request to Adjourn Conference to Oct. 18. ENDORSEMENT: Application granted. The conference currently scheduled for September 30, 2021, at 10:30 a.m., is adjourned. The change of plea hearing in this case is scheduled to proceed on October 18, 2021, at 2:30 p.m., in Courtroom 17C; a separate scheduling order will issue as to that hearing. The Court finds pursuant to 18 U.S.C. §§ 3161(h)(1)(G) and (h)(7)(A) that the ends of justice served by an exclusion of the time from today's date through October 18, 2021, outweigh the best interests of the public and the defendants in a speedy trial for the reasons stated above. DE#413 resolved. (Signed by Judge Laura Taylor Swain on 9/28/2021) (ap) (Entered: 09/28/2021)
9/28/2021 LETTER MOTION addressed to Judge Laura Taylor Swain from Kristen M. Santillo dated Sept. 28, 2021 re: Joint Request to Adjourn Conference to Oct. 18 . Document filed by Juan Calderon. (Santillo, Kristen) (Entered: 09/28/2021)
9/20/2021ORDER as to Juan Calderon. A pretrial conference is scheduled in the above captioned case on September 30, 2021, at 10:30 a.m. To access the call, the parties must dial 888-363-4734, enter the access code 1527005#, and the security code 1866#. (Members of the press and public may call the same number, but will not be permitted to speak during the hearing.) Counsel should adhere to the following rules and guidelines during the conference..... (Signed by Judge Laura Taylor Swain on 9/20/21)(jbo) (Entered: 09/21/2021)
9/20/2021ORDER as to Christian Pabon. A pretrial conference is scheduled in the above captioned case on September 30, 2021, at 9:00 a.m. To access the call, the parties must dial 888-363-4734, enter the access code 1527005#, and the security code 1866#. (Members of the press and public may call the same number, but will not be permitted to speak during the hearing.) Counsel should adhere to the following rules and guidelines during the conference..... (Signed by Judge Laura Taylor Swain on 9/20/21)(jbo) (Entered: 09/21/2021)
9/8/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Milton Chardon. Notice is hereby given that an official transcript of a Plea proceeding held on 10/23/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 09/08/2021)
9/8/2021TRANSCRIPT of Proceedings as to Milton Chardon re: Plea held on 10/23/20 before Judge Laura Taylor Swain. 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 9/29/2021. Redacted Transcript Deadline set for 10/12/2021. Release of Transcript Restriction set for 12/7/2021. (Moya, Goretti) (Entered: 09/08/2021)
8/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jeremy Estevez. Notice is hereby given that an official transcript of a Conference proceeding held on 9/29/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 08/23/2021)
8/23/2021TRANSCRIPT of Proceedings as to Jeremy Estevez re: Conference held on 9/29/2020 before Judge Laura Taylor Swain. 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 9/13/2021. Redacted Transcript Deadline set for 9/23/2021. Release of Transcript Restriction set for 11/22/2021. (Moya, Goretti) (Entered: 08/23/2021)
7/28/2021MEMO ENDORSEMENT as to Christian Pabon (3), Juan Calderon (10) granting 404 LETTER MOTION addressed to Judge Laura Taylor Swain from Kristen M. Santillo dated July 27, 2021 re: Joint Request to Adjourn Status Conference. ENDORSEMENT: Application granted. The conference currently scheduled for August 12, 2021, at 2:00 p.m., is adjourned to September 28, 2021, at 11:00 a.m., in Courtroom 17C. The Court finds pursuant to 18 U.S.C. § 3161(h)(7)(A) that the ends of justice served by an exclusion of the time from today's date through September 28, 2021, outweigh the best interests of the public and the defendants in a speedy trial for the reasons stated above. DE#404 resolved. (Signed by Judge Laura Taylor Swain on 7/27/2021) (ap) (Entered: 07/28/2021)
7/27/2021 LETTER MOTION addressed to Judge Laura Taylor Swain from Kristen M. Santillo dated July 27, 2021 re: Joint Request to Adjourn Status Conference . Document filed by Juan Calderon as to Christian Pabon, Juan Calderon. (Santillo, Kristen) (Entered: 07/27/2021)
7/21/2021403SEALED DOCUMENT placed in vault. (jus) (Entered: 07/21/2021)
7/16/2021 LETTER by Noel Martinez addressed to Judge Laura Taylor Swain, from Noel Martinez dated 6/27/2021, Defendant writes regarding filing a 2255 motion. (ap) (Entered: 07/16/2021)
7/16/2021ORDER as to Noel Martinez: Mr. Martinez's "filing of a notice of appeal [was] an event of jurisdictional significance it confer[red] jurisdiction on the court of appeals and divest[ed] the district court of its control over those aspects of the case involved in the appeal." Ching v. United States, 298 F.3d 174, 180 n.5 (2d Cir. 2002) (quoting Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982)). Because Mr. Martinez is appealing his May 20, 2021, sentence, this Court is without jurisdiction to grant any motion he might make pursuant to 28 U.S.C. section 2255 to vacate or modify that sentence. United States v. Ransom, 866 F.2d 574, 576 (2d Cir. 1989) (the district court may not make "substantive modifications of judgments" once an appeal has been filed). 1 The Court therefore denies Mr. Martinez's request for the appointment of counsel in connection with an anticipated motion pursuant to 28 U.S.C. section 2255, without prejudice to renewal after jurisdiction of Mr. Martinez's case has been returned to this Court. To the extent Mr. Martinez requests the appointment of counsel in connection with his pending counseled appeal, he must seek that relief before the Second Circuit, and the Court encourages Mr. Martinez to raise and discuss his request with his appointed counsel. Because Mr. Martinez's letter dated June 27, 2021, includes his complete unredacted birth date and encloses portions of the confidential presentence report prepared in this case, the Court will file a redacted version of that letter on the public docket, and a complete unredacted copy under seal. The Court directs counsel for Mr. Martinez to promptly provide a copy of this Order to Mr. Martinez. (Signed by Judge Laura Taylor Swain on 7/16/2021) (See ORDER set forth) (ap) Modified on 7/19/2021 (ap). (Entered: 07/16/2021)
6/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Noel Martinez. Notice is hereby given that an official transcript of a Conference proceeding held on 5/20/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 06/23/2021)
6/23/2021TRANSCRIPT of Proceedings as to Noel Martinez re: Conference held on 5/20/21 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Lisa Picciano Franko, (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 7/14/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/21/2021. (McGuirk, Kelly) (Entered: 06/23/2021)
6/16/2021TRANSCRIPT REQUEST by Noel Martinez for a Sentence proceeding held on 5/20/2021 before Judge Laura Taylor Swain re: 393 Notice of Appeal - Final Judgment. Transcript due by 6/28/2021. (Spilke, Ezra) (Entered: 06/16/2021)
6/4/2021Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Noel Martinez re: 397 Notice of Appeal - Final Judgment USCA Case Number 21-1388, were transmitted to the U.S. Court of Appeals. (tp) (Entered: 06/04/2021)
6/4/2021Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Noel Martinez to US Court of Appeals re: 397 Notice of Appeal - Final Judgment. (tp) (Entered: 06/04/2021)
6/3/2021Appeal Remark as to Noel Martinez re: 397 Notice of Appeal - Final Judgment. This NOA may be treated as a duplicate by USCA. Mr. Martinez's attorney has already filed the 393 NOA for Mr. Martinez on 5/28/2021. USCA Case Number 21-1388. (tp) Modified on 6/9/2021 (tp). (Entered: 06/04/2021)
6/3/2021NOTICE OF APPEAL by Noel Martinez from 389 Judgment. (tp) (Entered: 06/04/2021)
6/2/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yasmil Fertides. Notice is hereby given that an official transcript of a Conference proceeding held on 5/7/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 06/02/2021)
6/2/2021TRANSCRIPT of Proceedings as to Yasmil Fertides re: Conference held on 5/7/21 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/23/2021. Redacted Transcript Deadline set for 7/6/2021. Release of Transcript Restriction set for 8/31/2021. (McGuirk, Kelly) (Entered: 06/02/2021)
5/28/2021Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Noel Martinez re: 393 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 05/28/2021)
5/28/2021Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Noel Martinez to US Court of Appeals re: 393 Notice of Appeal - Final Judgment. (tp) (Entered: 05/28/2021)
5/28/2021Appeal Remark as to Noel Martinez re: 393 Notice of Appeal - Final Judgment. $505.00 Appeal Fee Waived, attorney CJA. (tp) (Entered: 05/28/2021)
5/28/2021NOTICE OF APPEAL by Noel Martinez from 389 Judgment. (tp) (Entered: 05/28/2021)
5/27/2021392SEALED DOCUMENT placed in vault. (nmo) (Entered: 05/27/2021)
5/27/2021MEMO ENDORSEMENT 390 Motion to Continue as to Christian Pabon...ENDORSEMENT...Application granted. The conference currently scheduled for June 9, 2021, at 3:00 p.m., is adjourned to August 12, 2021, at 2:00 p.m. The Court finds pursuant to 18 U.S.C. § 3161 (h)(7)(A) that the ends of justice served by an exclusion of the time from today's date through August 12, 2021, outweigh the best interests of die public and the defendants in a speedy trial for die reasons stated above. DE#390 resolved. (Signed by Judge Laura Taylor Swain on 5/26/21) (jw) (Entered: 05/27/2021)
5/26/2021 MOTION to Continue June 9, 2021 status conference. Document filed by Christian Pabon. (Sanderson, Carla) (Entered: 05/26/2021)
5/26/2021FILED JUDGMENT IN A CRIMINAL CASE as to Noel Martinez (8), Count(s) 10, 12, 9, are dismissed on the motion of the US. Pleaded guilty to Count(s) 11, Imprisonment for a total term of 180 Months. Supervised release for a term of 5 Years as to Count 11. The court makes the following recommendations to the Bureau of Prisons: that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. Special Assessment of $100 which is due immediately (Signed by Judge Laura Taylor Swain on 5/25/21)(jw) (Entered: 05/26/2021)
5/26/2021DISMISSAL OF COUNTS on Government Motion as to Noel Martinez (8) Count 9,10,12. (jw) (Entered: 05/26/2021)
5/20/2021Minute Entry for proceedings held before Judge Laura Taylor Swain: Sentencing held on 5/20/2021 for Noel Martinez (8) Count 11. Defendant Noel Martinez (8) present with counsel, Ezra Spilke. For the Govt Jacob Fiddleman, AUSA present. Court Reporter Lisa Franco present. Defendant is sentenced to 180 months of imprisonment as to Count Eleven (11) followed by 5 years of supervised release as to Count Eleven (11). The Court recommends to the BOP that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. Defendant is to pay a special assessment of $100.00 to be paid immediately. Defendant must participate in an outpatient mental health program approved by the U.S. Probation Office. The defendant must continue to take any prescribed medications unless otherwise instructed by the health care provider. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of 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. Defendant must submit defendant's person, residence, place of business, vehicle, and any property, computers, electronic communications, data storage devices and/or other media under defendant's control to a search on the basis that the Probation Officer has a reasonable suspicion 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. Defendant must inform any other residents that the premises may be subject to search pursuant to this condition. Defendant must participate in a cognitive behavioral treatment program under the guidance and supervision of the Probation Officer, until such time as the defendant is released from the program by the Probation Officer. Defendant is to be supervised by the district of residence. Defendant continued remanded. (lnl) (Entered: 05/26/2021)
5/16/2021 LETTER by USA as to Noel Martinez addressed to Judge Laura Taylor Swain from AUSAs Maurene Comey and Jamie Bagliebter dated May 16, 2021 re: Noel Martinez sentencing Document filed by USA. (Comey, Maurene) (Entered: 05/16/2021)
5/14/2021ORDER as to Noel Martinez: The sentencing hearing in this case is scheduled to proceed on May 20, 2021, at 2:00 p.m., in Courtroom 17C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York NY 10007. The parties' attention is directed to the attached information regarding courthouse entry, and to the Court's policies regarding courthouse entry and COVID-19 test reporting protocols, which are available on the Court's website, at https://www.nysd.uscourts.gov/covid-19-coronavirus. The parties are directed to email Chambers at SwainNYSDCorresp@nysd.uscourts.gov any documents they would like the Court to consider during or in connection with the sentencing proceeding at least 24 hours in advance of the proceeding. No hard copy documents will be accepted in the courtroom. To access the audio feed of the hearing, members of the press and public may call 888-363-4734 and use access code 1527005# and security code #1866. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. See Standing Order M-10-468, No. 21-MC-45 (S.D.N.Y. Jan. 19, 2021). Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/13/2021) (lnl) (Entered: 05/14/2021)
5/11/2021SENTENCING SUBMISSION by Noel Martinez. (Spilke, Ezra) (Entered: 05/11/2021)
5/7/2021Set/Reset Hearings as to Yasmil Fertides: Sentencing set for 10/15/2021 at 11:00 AM before Judge Laura Taylor Swain. (jbo) (Entered: 05/13/2021)
5/7/2021Order of Referral to Probation for Presentence Investigation and Report as to Yasmil Fertides. (Signed by Judge Laura Taylor Swain on 5/7/21)(jbo) (Entered: 05/13/2021)
5/7/2021Change of Not Guilty Plea to Guilty Plea as to Yasmil Fertides (1) Count 1ss,2ss. (jbo) (Entered: 05/13/2021)
5/7/2021Minute Entry for proceedings held before Judge Laura Taylor Swain: Plea entered by Yasmil Fertides (1) Guilty as to Count 1ss,2ss. (jbo) (Entered: 05/13/2021)
5/7/2021Minute Entry for proceedings held before Judge Laura Taylor Swain: Change of Plea Hearing as to Yasmil Fertides held on 5/7/2021. Defendant Yasmil Ferrtides (1) present with counsel, Richard Ma. For the Gov't Maurene R. Comey, AUSA present. Court Reporter Lisa Franco present. PLEA HEARING held by videoconference. Defendant sworn. Defendant waived the Indictment to proceed by an S4 Information. Defendant withdrew not guilty plea, waived reading of the S4 Information and entered a plea of guilty as to each of Counts One (1) and Two (2) of the S4 Information. PSI ordered. Sentencing is scheduled for 10/15/2021 at 11:00am. Defendant continued remanded. (jbo) (Entered: 05/13/2021)
5/7/2021WAIVER OF INDICTMENT by Yasmil Fertides. (jm) (Entered: 05/10/2021)
5/7/2021(S4) SUPERSEDING INFORMATION (Felony) filed as to Yasmil Fertides (1) count(s) 1ss, 2ss. (jm) (Entered: 05/10/2021)
5/7/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING LETTER MOTION re: 378 LETTER MOTION addressed to Judge Laura Taylor Swain from Richard J. Ma dated April 19, 2021 re: Entry of Plea of Guilty (Signed by Judge Laura Taylor Swain on 5/7/21) (jw) (Entered: 05/07/2021)
5/7/2021ORDER as to Yasmil Fertides. The information in this matter includes one or more forfeiture allegations. Pursuant to Rule 32.2(b) of the Federal Rules of Criminal Procedure, after a finding of guilt, the Court must determine whether property is subject to forfeiture under the applicable statute and enter a preliminary order of forfeiture if necessary. Accordingly, the Government is hereby directed to determine what property it will seek to have forfeited and confer promptly with defense counsel to ascertain whether the defense opposes the forfeiture sought. The Government must thereafter provide, no later than two weeks before the scheduled sentencing date, via facsimile to Chambers with a copy served on defense counsel, a proposed preliminary order of forfeiture. If the preliminary order is not on consent, the Governments submission must be accompanied by a description of the evidentiary basis for its forfeiture position and a statement as to whether the parties believe that an evidentiary hearing is warranted pursuant to Rule 32.2(b)(1). Defense counsel will have one week following his or her receipt of the Government's letter to respond. (Signed by Judge Laura Taylor Swain on 5/7/21)(jw) (Entered: 05/07/2021)
4/29/2021ORDER as to Noel Martinez: The Court will request that Defendant Noel Martinezs sentencing hearing, currently scheduled for May 11, 2021, at 2:00 p.m., take place on May 20, 2021, at 2:00 p.m., in Courtroom 17C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York NY 10007. No hearing date or time can be confirmed before the end of the preceding week, so counsel are requested to keep their calendars as open as possible on May 20, 2021, until further notice....To access the audio feed of the hearing, members of the press and public may call 888-363-4734 and use access code 1527005# and security code #1022. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. See Standing Order M-10-468, No. 21-MC-45 (S.D.N.Y. Jan. 19, 2021). Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. SO ORDERED. SO ORDERED. (Sentencing set for 5/20/2021 at 02:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 4/29/2021) (lnl) (Entered: 04/29/2021)
4/29/2021ORDER as to Yasmil Fertides: The change of plea hearing scheduled for May 7, 2021, at 11:00 a.m., will proceed as a videoconference using the CourtCall platform. As requested, defense counsel will be given an opportunity to speak with the Defendant by telephone for fifteen minutes before the hearing begins (i.e., at 10:45 a.m.); defense counsel should make sure to answer the telephone number that was previously provided to Chambers at that time. To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the CourtCall system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling 855-268-7844 and using access code 67812309# and PIN 9921299#. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/29/2021) (See ORDER as set forth) (lnl) (Entered: 04/29/2021)
4/26/2021 LETTER by Noel Martinez addressed to Judge Laura Taylor Swain from Ezra Spilke dated April 26, 2021 re: status update as to state proceedings (Spilke, Ezra) (Entered: 04/26/2021)
4/19/2021 LETTER MOTION addressed to Judge Laura Taylor Swain from Richard J. Ma dated April 19, 2021 re: Remote Change of Plea Hearing . Document filed by Yasmil Fertides. (Attachments: # 1 Exhibit Waiver Of Right To Be Present At Criminal Proceeding)(Ma, Richard) (Entered: 04/19/2021)
4/14/2021Judgment Returned Executed for 347 Judgment as to Milton Chardon on 4/1/21. Defendant committed to FCI Berlin at FBOP. (jw) (Entered: 04/15/2021)
4/12/2021ORDER as to Yasmil Fertides. The Court will request that Defendant Yasmil Fertides's change of plea proceeding take place via video-conference on the morning of May 7, 2021, at 11:00 a.m. No conference date, time or modality can be confirmed before the end of the preceding week, so counsel are requested to keep their calendars open between the hours of 9 a.m. and 1 p.m. on May 7, 2021, until further notice. ( Change of Plea Hearing set for 5/7/2021 at 11:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 4/12/21)(jw) (Entered: 04/13/2021)
4/6/2021MEMO ENDORSEMENT as to Yasmil Fertides (1), Christian Pabon (3), Juan Calderon (10) granting 374 LETTER MOTION addressed to Judge Laura Taylor Swain from Richard J. Ma dated April 6, 2021 re: Adjournment of Status Conference. ENDORSEMENT: The application is granted. The conference is adjourned to June 9, 2021, at 3:00 p.m. The Court finds pursuant to 18 U.S.C. § 3161(h)(7)(A) that the ends of justice served by an exclusion of the time from today's date through June 9, 2021, outweigh the best interests of the public and the defendants in a speedy trial for the reasons stated above. DE# 374 resolved. (Signed by Judge Laura Taylor Swain on 4/6/2021) (ap) (Entered: 04/06/2021)
4/6/2021 LETTER MOTION addressed to Judge Laura Taylor Swain from Richard J. Ma dated April 6, 2021 re: Adjournment of Status Conference . Document filed by Yasmil Fertides as to Yasmil Fertides, Christian Pabon, Juan Calderon. (Ma, Richard) (Entered: 04/06/2021)
3/26/2021MEMO ENDORSEMENT as to Noel Martinez on re: 372 Accordingly, Mr. Martinez respectfully asks the Court to permit him to more fully update the Court as to the state court issue and the status of transferring jurisdiction to the federal authorities on or before April 2, 2021...ENDORSEMENT... The sentencing is adjourned to May 11, 2021 at 2:00pm., and the deadlines for the parties sentencing submissions are extended accordingly. (See Sentencing Submission Procedures of Judge Laura Taylor Swain) Defense counsel must inform the Court no later than April 26, 2021, as to whether the defendant wishes to proceed in person or to proceed by remote means and waive his right to appear in person. DE#372 resolved (Sentencing set for 5/11/2021 at 02:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 3/26/21)(jw) (Entered: 03/26/2021)
3/25/2021 LETTER by Noel Martinez addressed to Judge Laura Taylor Swain from Ezra Spilke dated March 25, 2021 re: update as to state court case (Spilke, Ezra) (Entered: 03/25/2021)
3/19/2021371SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/19/2021)
3/5/2021LETTER from Hon. Laura Taylor Swain to Milton Chardon, dated 3/5/2021, re: Defendant's custody at the MCC. (Signed by Judge Laura Taylor Swain on 3/5/2021)(lnl) (Entered: 03/05/2021)
3/5/2021 LETTER by Milton Chardon addressed to Judge Laura Taylor Swain from Milton Chardon re: Deft. writes regarding the outcome of his sentence. (lnl) (Entered: 03/05/2021)
2/26/2021368SEALED DOCUMENT placed in vault. (jus) (Entered: 02/26/2021)
2/21/2021Set/Reset Deadlines/Hearings as to Noel Martinez: Sentencing set for 4/6/2021 at 11:00 AM before Judge Laura Taylor Swain (jw) (Entered: 02/22/2021)
2/21/2021MEMO ENDORSEMENT 366 LETTER MOTION Reschedule Sentencing re: 366 LETTER MOTION addressed to Judge Laura Taylor Swain from Ezra Spilke dated February 18, 2021 re: adjournment of sentencing...ENDORSEMENT...The sentencing is adjourned to April 6, 2021, at 11:00am. Defense counsel must inform the Court no later than March 25, 2021, as to whether the defendant wishes to proceed in person or to proceed by remote means and waive his right to appear in-person. DE #366 resolved. SO ORDERED (Signed by Judge Laura Taylor Swain on 2/19/21) (jw) (Entered: 02/22/2021)
2/18/2021 LETTER MOTION addressed to Judge Laura Taylor Swain from Ezra Spilke dated February 18, 2021 re: adjournment of sentencing . Document filed by Noel Martinez. (Spilke, Ezra) (Entered: 02/18/2021)
1/22/2021Minute Entry for proceedings held before Judge Laura Taylor Swain:Attorney Appointment Hearing as to Juan Calderon held on 1/22/2021. Defendant Juan Calderon (10) present with counsel, James E. Newman and CJA on duty, Kristen M. Santillo. For the Gov't Jamie Bagliebter, AUSA present. Spanish Interpreter Humberto Garcia present. Court Reporter Kelly Surina present. The Court grants the defendants application. CJA Counsel James E. Newman for the defendant is relieved and CJA counsel Kristen M. Santillo is appointed. (Order to follow.) Next PTC is scheduled for 4/8/2021 at 2:00pm. Speedy Trial Time is excluded from 1/22/2021 through 4/22/2021. Defendant continued remanded (jw) (Entered: 01/28/2021)
1/22/2021ORDER as to Juan Calderon: Mr. James E. Newman, Esq., is relieved as CJA counsel for the defendant. Ms. Kristen M. Santillo, Esq., is now appointed as CJA counsel for the defendant in the above-captioned matter. SO ORDERED. (Added attorney Kristen Marie Santillo for Juan Calderon. Attorney James E Neuman terminated in case as to Juan Calderon.) (Signed by Judge Laura Taylor Swain on 1/22/2021) (lnl) (Entered: 01/22/2021)
1/22/2021CONSENT TO PROCEED BY TEL/VIDEOCONFERENCE as to Juan Calderon. (Signed by Judge Laura Taylor Swain on 1/22/2021) (lnl) (Entered: 01/22/2021)
1/21/2021 LETTER by Juan Calderon addressed to Judge Laura Taylor Swain from James E Neuman dated 1/21/2021 re: waiver of defendant's presence at teleconference (Attachments: # 1 Exhibit consent to waive appearance)(Neuman, James) (Entered: 01/21/2021)
1/15/2021INTERNET CITATION NOTE as to Samantha Batista: Material from decision with Internet citation re: 303 Order on Motion for Miscellaneous Relief. (sjo) (Entered: 01/15/2021)
1/15/2021INTERNET CITATION NOTE as to Samantha Batista: Material from decision with Internet citation re: 303 Order on Motion for Miscellaneous Relief. (sjo) (Entered: 01/15/2021)
1/15/2021INTERNET CITATION NOTE as to Samantha Batista: Material from decision with Internet citation re: 303 Order on Motion for Miscellaneous Relief. (sjo) (Entered: 01/15/2021)
1/15/2021INTERNET CITATION NOTE as to Samantha Batista: Material from decision with Internet citation re: 303 Order on Motion for Miscellaneous Relief. (sjo) (Entered: 01/15/2021)
1/15/2021INTERNET CITATION NOTE as to Samantha Batista: Material from decision with Internet citation re: 303 Order on Motion for Miscellaneous Relief. (sjo) (Entered: 01/15/2021)
1/15/2021INTERNET CITATION NOTE as to Samantha Batista: Material from decision with Internet citation re: 303 Order on Motion for Miscellaneous Relief. (sjo) (Entered: 01/15/2021)
1/13/2021ORDER as to Juan Calderon: The pretrial conference in this matter is hereby scheduled to occur as a teleconference on January 22, 2021, at 12:00 p.m. As requested, defense counsel will be given an opportunity to speak with the Defendant by telephone for fifteen minutes before the sentencing proceeding begins (i.e., at 11:45 a.m.); defense counsel should make sure to answer the telephone number that was previously provided to Chambers at that time. (Chambers will provide counsel with a telephone number at which the interpreter can be reached at the time of the pre-conference; it is counsel's responsibility to conference the interpreter in with the Defendant for the pre-conference.) To access the teleconference line, counsel should call 888-363-4734 and use access code 1527005# and password 1866#. (Members of the press and public may call the same number, but will not be permitted to speak during the hearing. (Signed by Judge Laura Taylor Swain on 1/13/2021) (See ORDER set forth) (ap) (Entered: 01/13/2021)
1/8/2021***DELETED DOCUMENT. Deleted document number 356. "TRANSCRIPT of Proceedings as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Estevez, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon re: Conference held on 12/18/20 before Judge Laura Taylor Swain." The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 1/8/2021 by (McGuirk, Kelly). Court Reporters Office/SDNY requested the deletion of this docket entry via E-Mail to Criminal Case Ops Box on 1/8/2021. ***] (bw) (Entered: 01/11/2021)
1/8/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Estevez, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. Notice is hereby given that an official transcript of a Conference proceeding held on 12/18/20 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: 01/08/2021)
1/8/2021TRANSCRIPT of Proceedings as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Estevez, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon re: Conference held on 12/18/21 before Judge Laura Taylor Swain. 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 1/29/2021. Redacted Transcript Deadline set for 2/8/2021. Release of Transcript Restriction set for 4/8/2021. (McGuirk, Kelly) (Entered: 01/08/2021)
1/5/2021ORDER as to Juan Calderon. At Defendant's request (see Docket Entry No. 352), the Court has requested that a pretrial conference take place via teleconference on January 22, 2021, at 12:00 p.m. to consider a possible request for change of counsel. No conference date, time or modality can be confirmed before the end of the preceding week, so counsel are requested to keep their calendars open between the hours of 9 a.m. and 2 p.m. on January 22, 2021, until further notice. ( Status Conference set for 1/22/2021 at 12:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 1/5/21)(jw) (Entered: 01/05/2021)
1/4/2021 LETTER MOTION addressed to Judge Laura Taylor Swain from James E Neuman dated 1/4/2021 re: request for a conference . Document filed by Juan Calderon. (Neuman, James) (Entered: 01/04/2021)
1/4/2021Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Bail Hearing as to Juan Calderon held on 1/4/2021. AUSA Jamie Bagliebter. Defense Counsel James Neuman (CJA). Spanish Interpreter needed. BAIL DISPOSITION: Detention: Risk of Danger. See Transcript. (bw) (Entered: 01/04/2021)
1/4/2021CONSENT TO PROCEED BY TEL/VIDEO CONFERENCE by Juan Calderon. This proceeding was conducted by reliable videoconferencing technology. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/4/2021) (bw) (Entered: 01/04/2021)
12/29/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Estevez, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. Notice is hereby given that an official transcript of a Conference proceeding held on 12/18/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/29/2020)
12/29/2020TRANSCRIPT of Proceedings as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Estevez, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon re: Conference held on 12/18/20 before Judge Laura Taylor Swain. 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 1/19/2021. Redacted Transcript Deadline set for 1/29/2021. Release of Transcript Restriction set for 3/29/2021. (McGuirk, Kelly) (Entered: 12/29/2020)
12/23/2020JUDGMENT IN A CRIMINAL CASE as to Milton Chardon (2). THE DEFENDANT: pleaded guilty to count Eight (8). Counts and any underlying indictments are dismissed on the motion of the United States. IMPRISONMENT: 120 months as to Count Eight (8). The court makes the following recommendations to the Bureau of Prisons: that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. The Court recommends that the defendant be afforded an opportunity to participate in the BOP's Residential Drug Abuse Treatment Program (RDAP). The Court recommends to the BOP that the defendant be afforded an opportunity to participate in vocational training programs in CDL and forklift operation. SUPERVISED RELEASE: 5 years as to Count Eight (8). See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $100.00 due immediately. (Signed by Judge Laura Taylor Swain on 12/21/2020) (ap) (Entered: 12/23/2020)
12/23/2020DISMISSAL OF COUNTS on Government Motion as to Milton Chardon (2) Count 1,4,5,9,13,14. (ap) (Entered: 12/23/2020)
12/21/2020MEMO ENDORSEMENT as to Christian Pabon (3) granting 344 LETTER MOTION addressed to Judge Laura Taylor Swain from Jeremy Schneider dated December 21, 2020 re: Adjournment Request. ENDORSEMENT: The application is granted. The conference is adjourned to April 8, 2021, at 2:00 p.m.. The Court finds pursuant to 18 U.S.C. §3161(h)(7)(A) that the ends of justice served by an exclusion of the time from today's date through April 8, 2021,outweigh the best interests of the public and the defendants in a speedy trial for the reasons stated above. DE# 344 resolved. (Signed by Judge Laura Taylor Swain on 12/21/2020) (ap) (Entered: 12/22/2020)
12/21/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Jeremy Schneider dated December 21, 2020 re: Adjournment Request . Document filed by Christian Pabon. (Schneider, Jeremy) (Entered: 12/21/2020)
12/18/2020Minute Entry for proceedings held before Judge Laura Taylor Swain: Sentencing held on 12/18/2020 for Milton Chardon (2) Count 8. Defendant Milton Chardon (2) present with counsel, Deveraux L. Cannick. For the Gov't Jamie E. Bagliebter, AUSA present. Defendant is sentenced to 120 months of imprisonment as to Count Eight (8) followed by 5 years of supervised release as to Count Eight (8). The Court recommends to the BOP that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. The Court recommends to the BOP that the defendant be afforded an opportunity to participate in the BOP's Residential Drug Abuse Treatment Program (RDAP). The Court recommends to the BOP that the defendant be afforded an opportunity to participate in vocational training programs in CDL and forklift operation. Defendant is to pay a special assessment of $100.00 to be paid through the BOP's Inmate Financial Responsibility Program. Defendant must participate in an outpatient substance abuse treatment program approved by the U.S. Probation Office, which program may include testing to determine whether the defendant has reverted to using drugs or alcohol. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of third-party payment. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance abuse treatment provider, as directed by the Probation Officer. Defendant must submit defendant's person, residence, place of business, vehicle, and any property, computers, electronic communications, data storage devices and/or other media under defendant's control to a search on the basis that the Probation Officer has a reasonable suspicion 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. Defendant must inform any other resident that the premises may be subject to search pursuant to this condition. Defendant is to be supervised by the district of residence. Defendant continued remanded. (Court Reporter Kelly Surina) (ap) (Entered: 12/23/2020)
12/18/2020WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Milton Chardon. (Signed by Judge Laura Taylor Swain on 12/18/2020) (ap) (Entered: 12/21/2020)
12/18/2020342SEALED DOCUMENT placed in vault. (nmo) (Entered: 12/18/2020)
12/18/2020341SEALED DOCUMENT placed in vault. (nmo) (Entered: 12/18/2020)
12/17/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Deveraux L. Cannick dated 12/17/2020 re: Waiver, Consent & Justification . Document filed by Milton Chardon. (Attachments: # 1 Exhibit, # 2 Exhibit)(Cannick, Deveraux) (Entered: 12/17/2020)
12/16/2020INTERNET CITATION NOTE as to Samantha Batista: Material from decision with Internet citation re: 303 Order on Motion for Miscellaneous Relief. (sjo) (Entered: 12/16/2020)
12/16/2020INTERNET CITATION NOTE as to Samantha Batista: Material from decision with Internet citation re: 303 Order on Motion for Miscellaneous Relief. (sjo) (Entered: 12/16/2020)
12/16/2020INTERNET CITATION NOTE as to Samantha Batista: Material from decision with Internet citation re: 303 Order on Motion for Miscellaneous Relief. (sjo) (Entered: 12/16/2020)
12/16/2020INTERNET CITATION NOTE as to Samantha Batista: Material from decision with Internet citation re: 303 Order on Motion for Miscellaneous Relief. (sjo) (Entered: 12/16/2020)
12/16/2020INTERNET CITATION NOTE as to Samantha Batista: Material from decision with Internet citation re: 303 Order on Motion for Miscellaneous Relief. (sjo) (Entered: 12/16/2020)
12/16/2020INTERNET CITATION NOTE as to Samantha Batista: Material from decision with Internet citation re: 303 Order on Motion for Miscellaneous Relief. (sjo) (Entered: 12/16/2020)
12/11/2020SENTENCING SUBMISSION by USA as to Milton Chardon. (Bagliebter, Jamie) (Entered: 12/11/2020)
12/10/2020 LETTER as to Milton Chardon addressed to Judge Laura Taylor Swain from Michael Heyward, dated 12/2/2020, re: Support of Milton Chardon. (lnl) (Entered: 12/10/2020)
12/9/2020ORDER as to Milton Chardon: The sentencing hearing scheduled for December 18, 2020 at 11:00 a.m., is hereby RESCHEDULED to occur as a teleconference using the AT&T platform on December 18, 2020, at 9:00 a.m. As requested, defense counsel will be given an opportunity to speak with the Defendant by telephone for fifteen minutes before the sentencing proceeding begins (i.e., at 8:45 a.m.); defense counsel should make sure to answer the telephone number that was previously provided to Chambers at that time. To participate in the proceeding, counsel should call 888-363-4734 and use access code 1527005# and security code 1866#. SO ORDERED. (Sentencing set for 12/18/2020 at 09:00 AM before Judge Laura Taylor Swain) (See ORDER as set forth) (Signed by Judge Laura Taylor Swain on 12/9/2020)(lnl) (Entered: 12/09/2020)
12/8/2020SENTENCING SUBMISSION by Milton Chardon. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cannick, Deveraux) (Entered: 12/08/2020)
12/7/2020MEMO ENDORSEMENT as to Noel Martinez on 325 LETTER MOTION addressed to Judge Laura Taylor Swain from Ezra Spilke dated December 1, 2020 re: status report and adjournment of sentencing. ENDORSEMENT: The control date is adjourned to February 26, 2021, at 2:00 p.m. DE#325 resolved. SO ORDERED. (Sentencing set for 2/26/2021 at 02:00 PM before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 12/7/2020) (lnl) (Entered: 12/08/2020)
12/3/2020 LETTER by Milton Chardon addressed to Judge Laura Taylor Swain, from Milton Chardon dated [Not Dated] re: Defendant writes regarding his motions. (ap) (Entered: 12/03/2020)
12/3/2020ORDER as to Milton Chardon. The Court has received Defendant Milton Chardon's letter, submitted pro se in advance of his sentencing, currently scheduled for December 18, 2020, seeking a downward departure from his applicable guidelines range pursuant to U.S.S.G. section 5K2.0, on the basis that the COVID-19 pandemic has caused him to suffer unusually difficult conditions of confinement while detained at the Metropolitan Correctional Center in Manhattan. Mr. Chardon is advised that, as he is represented by counsel, the Court will not entertain direct applications by Mr. Chardon on his own behalf. Counsel for Mr. Chardon is directed to promptly provide Mr. Chardon a copy of this Order and discuss with him the issues raised in the submission. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/3/2020)(jbo) (Entered: 12/03/2020)
12/1/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Ezra Spilke dated December 1, 2020 re: status report and adjournment of sentencing . Document filed by Noel Martinez. (Spilke, Ezra) (Entered: 12/01/2020)
12/1/2020ORDER as to Milton Chardon: The Court has requested that Defendant Milton Chardon's sentencing proceeding take place via videoconference on the morning of December 18, 2020, at 11:00 a.m. No conference date, time or modality can be confirmed before the end of the preceding week, so counsel are requested to keep their calendars open between the hours of 9 a.m. and 2 p.m. on December 18, 2020, until further notice. (Signed by Judge Laura Taylor Swain on 12/1/2020) (See ORDER set forth) (ap) (Entered: 12/01/2020)
12/1/2020MEMO ENDORSEMENT as to Bryan Castillo (4) denying 321 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 11/28/2020 re: Adjourn Surrender Date. ENDORSEMENT: The Court understands that Mr. Castillo has now been designated to the Camp facility at Fort Dix. The request for extension of the surrender date is denied, for substantially the reasons stated on the record at Mr. Castillo's sentencing and the reasons stated in the Government's letter of today's date. DE# 321 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/30/2020) (lnl) (Entered: 12/01/2020)
11/30/2020 LETTER by USA as to Bryan Castillo addressed to Judge Laura Taylor Swain from United States dated November 30, 2020 re: Opposition to Adjournment Request Document filed by USA. (Bagliebter, Jamie) (Entered: 11/30/2020)
11/28/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 11/28/2020 re: Adjourn Surrender Date . Document filed by Bryan Castillo. (Gauli-Rufo, Lorraine) (Entered: 11/28/2020)
11/18/2020320SEALED DOCUMENT placed in vault. (jus) (Entered: 11/18/2020)
11/12/2020MEMO ENDORSEMENT as to Domingo Tolentino (9) on 318 MOTION Request to be removed from ECF notifications. ENDORSEMENT: The Clerk of Court is requested to update the notification list accordingly, as the representation was terminated in 2019. (Signed by Judge Laura Taylor Swain on 11/11/2020) (ap) (Entered: 11/12/2020)
11/11/2020 MOTION Request to be removed from ECF notifications. . Document filed by Domingo Tolentino. (Konoski, Bryan) (Entered: 11/11/2020)
11/9/2020Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Samantha Batista re: 317 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 11/09/2020)
11/9/2020Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Samantha Batista to US Court of Appeals re: 317 Notice of Appeal. (nd) (Entered: 11/09/2020)
11/6/2020NOTICE of Appeal as to Samantha Batista. Defendant hereby notified this Court of his intent to appeal the decision/judgment entered against him on October 19, 2020 in the US District Court for the Southern District of NY. (jw) (Entered: 11/06/2020)
11/5/2020MEMO ENDORSEMENT 313 LETTER MOTION I write in response to the Courts order directing the attorneys for the defendants in the above case to file budgets with Alan Nelson, Court Budgeting Attorney. Accordingly, I request to be excused from the directive to file a budget...ENDORSEMENT...The request is granted. DE#313 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/5/20) (jw) (Entered: 11/06/2020)
11/5/2020ORDER ISSUED PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 5(F) as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Estevez, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. The parties are directed, pursuant to Federal Rule of Criminal Procedure 5(f) as amended by the Due Process Protections Act of 2020. If the Government fails to comply with this Courts Rule 5(f) Order or the obligations imposed by Brady and its progeny, the Court, in addition to ordering production of the information, may: (1) specify the terms and conditions of such production;(2) grant a continuance;(3) impose evidentiary sanctions;(4) impose sanctions on any responsible lawyer for the Government;(5) dismiss charges before trial or vacate a conviction after trial or a guilty plea; or (6) enter any other order that is just under the circumstances.SO ORDERED (Signed by Judge Laura Taylor Swain on 11/5/20)(jw) (Entered: 11/06/2020)
11/5/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Louis M. Freeman dated 11/5/2020 re: Budget Letter . Document filed by Jeremy Estevez. (Freeman, Louis) (Entered: 11/05/2020)
11/4/2020NOTICE OF APPEAL by Samantha Batista from 303 Order on Motion for Miscellaneous Relief.(nd) (Entered: 11/09/2020)
10/30/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Estevez, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. Notice is hereby given that an official transcript of a Conference proceeding held on 10/6/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/30/2020)
10/30/2020TRANSCRIPT of Proceedings as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Estevez, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon re: Conference held on 10/6/20 before Judge Laura Taylor Swain. 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 11/20/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/28/2021. (McGuirk, Kelly) (Entered: 10/30/2020)
10/29/2020MEMO ENDORSEMENT as to Christian Pabon granting 309 LETTER MOTION addressed to Judge Laura Taylor Swain from Jeremy Schneider dated October 29, 2020 re: Request to Adjourn Pretrial Conference. ENDORSEMENT: The application is granted. The conference is adjourned to January 12, 2021, at 2:00 p.m. The Court finds pursuant to 18 U.S.C. §3161(h)(7)(A) that the ends of justice served by an exclusion of the time from today's date through January 12, 2021, outweigh the best interests of the public and the defendant(s) in a speedy trial for the reasons stated above. DE# 309 resolved. SO ORDERED. (Pretrial Conference set for 1/12/2021 at 02:00 PM before Judge Laura Taylor Swain) (Time excluded from 10/29/2020 until 1/12/2021) (Signed by Judge Laura Taylor Swain on 10/29/2020) (lnl) (Entered: 10/30/2020)
10/29/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Jeremy Schneider dated October 29, 2020 re: Request to Adjourn Pretrial Conference . Document filed by Christian Pabon. (Schneider, Jeremy) (Entered: 10/29/2020)
10/23/2020Minute Entry for proceedings held before Judge Laura Taylor Swain as to Milton Chardon; Sentencing set for 12/18/2020 at 11:00 AM before Judge Laura Taylor Swain. (jw) (Entered: 10/28/2020)
10/23/2020Order of Referral to Probation for Presentence Investigation and Report as to Milton Chardon. (Signed by Judge Laura Taylor Swain on 10/23/20)(jw) (Entered: 10/28/2020)
10/23/2020Minute Entry for proceedings held before Judge Laura Taylor Swain: Plea entered by Milton Chardon (2) Guilty as to Count 8. (jw) (Entered: 10/28/2020)
10/23/2020Change of Not Guilty Plea to Guilty Plea as to Milton Chardon (2) Count 8. (jw) (Entered: 10/28/2020)
10/23/2020Minute Entry for proceedings held before Judge Laura Taylor Swain:Change of Plea Hearing as to Milton Chardon held on 10/23/2020. Defendant Milton Chardon (2) present with counsel, Deveraux L. Cannick. For the Govt Jamie Bagliebter, AUSA present. Court Reporter Andrew Walker present. Defendant sworn. Defendant withdrew not guilty plea, S1 Indictment read to the defendant and entered a plea of guilty as to Count Eight (8) of the S1 Indictment. PSI ordered. Sentencing is scheduled for 12/18/2020 at 11:00am. Defendant continued remanded (jw) (Entered: 10/28/2020)
10/23/2020WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Milton Chardon. (Signed by Judge Laura Taylor Swain on 10/23/2020) (ap) (Entered: 10/23/2020)
10/23/2020ORDER as to Milton Chardon: The indictment in this matter includes one or more forfeiture allegations. Pursuant to Rule 32.2(b) of the Federal Rules of Criminal Procedure, after a finding of guilt, the Court must determine whether property is subject to forfeiture under the applicable statute and enter a preliminary order of forfeiture if necessary. Accordingly, the Government is hereby directed to determine what property it will seek to have forfeited and confer promptly with defense counsel to ascertain whether the defense opposes the forfeiture sought. The Government must thereafter provide, no later than two weeks before the scheduled sentencing date, via facsimile to Chambers with a copy served on defense counsel, a proposed preliminary order of forfeiture. If the preliminary order is not on consent, the Governments submission must be accompanied by a description of the evidentiary basis for its forfeiture position and a statement as to whether the parties believe that an evidentiary hearing is warranted pursuant to Rule 32.2(b)(1). Defense counsel will have one week following his or her receipt of the Government's letter to respond. (Signed by Judge Laura Taylor Swain on 10/23/2020) (ap) (Entered: 10/23/2020)
10/22/2020308SEALED DOCUMENT placed in vault. (jus) (Entered: 10/23/2020)
10/21/2020 LETTER by Milton Chardon addressed to Judge Laura Taylor Swain from Deveraux L. Cannick dated October 21, 2020 re: Defendant Waiver of Right to be Present at Criminal Proceeding (Attachments: # 1 Exhibit Waiver of Right to be Present at Criminal Proceeding)(Cannick, Deveraux) (Entered: 10/21/2020)
10/19/2020MEMORANDUM ORDER denying 269 Motion as to Samantha Batista. The Court has received Defendant Samantha Batistas pro se motion for a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(1)(A). (Docket Entry No. 269, the Motion.) On September 5, 2019, upon pleading guilty, Ms. Batista was convicted of one count of using, carrying, and possessing a firearm which was brandished, and aiding and abetting that conduct, during, in relation to, and in furtherance of a robbery, in violation of 18 U.S.C. §§ 924(c)(1)(A)(i), (ii) and 2. (Docket Entry No. 157) On January 16, 2020, the Court sentenced her principally to the mandatory minimum 84 months of imprisonment, to be followed by a three-year supervised release term. (Docket Entry No. 207.) Ms. Batista is currently incarcerated at the Federal Correctional Institution ("FCI") Danbury (a low security correctional facility in Connecticut), and is due to be released from Bureau of Prisons (BOP) custody on October 10, 2024. (Motion at 1-2; Docket Entry No. 273 ("Opp.") at 1.) See also BOP, Find an inmate, https://www.bop.gov/inmateloc/ (last visited October 19, 2020. For the reasons set forth above, Ms. Batista's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A) is denied. An Order on Motion for Sentence Reduction Under 18 U.S.C. § 3582(c) (1)(A) will also be entered. Docket Entry No. 269 is resolved. (Signed by Judge Laura Taylor Swain on 10/19/20) (jw) (Entered: 10/19/2020)
10/16/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Estevez, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. Notice is hereby given that an official transcript of a Conference proceeding held on 9/21/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/16/2020)
10/16/2020TRANSCRIPT of Proceedings as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Estevez, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon re: Conference held on 9/21/20 before Judge Laura Taylor Swain. 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 11/6/2020. Redacted Transcript Deadline set for 11/16/2020. Release of Transcript Restriction set for 1/14/2021. (McGuirk, Kelly) (Entered: 10/16/2020)
10/14/2020ORDER as to Milton Chardon: The change of plea proceeding in this matter is hereby scheduled to occur as a telephonic conference on October 23, 2020, at 9:00 a.m. At the time of the proceeding, counsel should call 888-363-4734 and use access code 1527005# and password 1866#. (Members of the press and public may call the same number, but will not be permitted to speak during the conference.) As requested, defense counsel will be given an opportunity to speak with the Defendant by telephone for fifteen minutes before the proceeding begins (i.e., 8:45 a.m.); defense counsel should make sure to answer the telephone number that was previously provided to Chambers at that time. SO ORDERED. (Change of Plea Hearing set for 10/23/2020 at 09:00 AM before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 10/14/2020)(See ORDER as set forth) (lnl) (Entered: 10/14/2020)
10/13/2020ORDER as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Estevez, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. Defense counsel who were appointed pursuant to the Criminal Justice Act (CJA) are directed to contact Alan Nelson, the CJA budgeting attorney, at Alan_Nelson@ca2.uscourts.gov promptly to formulate budgets, if they have not already done so (Signed by Judge Laura Taylor Swain on 10/13/2020)(jw) (Entered: 10/14/2020)
10/8/2020JUDGMENT IN A CRIMINAL CASE as to Bryan Castillo (4). The defendant pleaded guilty to Count(s) 1. Imprisonment: 12 months and 1 day; Supervised Release: 3 years. The court makes the following recommendations to the Bureau of Prisons:that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate themaintenance of family ties.The Court recommends that the defendant be afforded an opportunity to participate in the BOPs Residential Drug Abuse TreatmentProgram (RDAP).The Court also recommends to the BOP that the defendant be afforded educational and vocational training, as well as an opportunityto participate in a substance abuse treatment program. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2pm on December 2, 2020. Assessment: $100.00 due immediately. (Signed by Judge Laura Taylor Swain on 10/8/2020)(jbo) (Entered: 10/13/2020)
10/8/2020ORDER as to Milton Chardon: The Court has requested that Defendant's change of plea proceeding take place via video conference on the morning of October 23, 2020, at 9:00 a.m. No conference date, time or modality can be confirmed before the end of the preceding week, so counsel are requested to keep their calendars open between the hours of 9 a.m. and 2 p.m. on October 23, 2020, until further notice. The Court has also requested that defense counsel be given an opportunity to speak with the Defendant by telephone for fifteen minutes before the proceeding begins; defense counsel should make sure to answer the telephone number that was previously provided to Chambers at that time. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/8/2020) (See ORDER as set forth) (lnl) (Entered: 10/09/2020)
10/7/2020JUDGMENT IN A CRIMINAL CASE as to Jeremy Estevez (6). The Defendant pleaded guilty to count One (1). Counts and any underlying indictments are dismissed on the motion of the United States. IMPRISONMENT: 36 months as to Count One (1). The Court expresses no opinion as to whether any sanction for violation of the Defendant's New Jersey state probation should be imposed to run concurrently with, or consecutively to, this custodial term. The court makes the following recommendations to the Bureau of Prisons: that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. SUPERVISED RELEASE: 3 years as to Count One (1). ASSESSMENT: $100.00 due immediately. (Signed by Judge Laura Taylor Swain on 10/5/2020) (lnl) (Entered: 10/08/2020)
10/6/2020Minute Entry for proceedings held before Judge Laura Taylor Swain: Sentencing held on 10/6/2020 for Bryan Castillo (4) Count 1. Defendant Bryan Castillo (4) present with counsel, Lorraine Gauli-Rufo. For the Gov't Maurene R. Comey, AUSA present. Court Reporter Raquel Robles present. Defendant is sentenced to 12 months and 1 day of imprisonment as to Count One (1) followed by 3 years of supervised release as to Count One (1). The Court recommends to the BOP that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. The Court recommends to the BOP that the defendant be afforded an opportunity to participate in the BOP's Residential Drug Abuse Treatment Program (RDAP). The Court also recommends to the BOP that the defendant be afforded educational and vocational training, as well as an opportunity to participate in a substance abuse treatment program. Defendant is to pay a special assessment of $100.00 to be paid immediately. Upon release from custody, the defendant must immediately participate in an inpatient substance abuse treatment programapproved by the United States Probation Office, for a period of 6 months. This programmay include testing to determine whether the Defendant has reverted to using drugs or alcohol. The Defendant must contribute to the cost of services rendered based on the 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. Following the conclusion of the inpatient treatment program, the Defendant must participate in an outpatient substance abuse treatment program approved by the U.S. Probation Office, which program may include testing to determine whether the defendant has reverted to using drugs or alcohol. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of third-party payment. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance abuse treatment provider, as directed by the Probation Officer. Defendant must provide the Probation Officer with access to any requested financial information. Defendant must submit defendant's person, residence, place of business, vehicle, and any property, computers, electronic communications, data storage devices and/or other media under defendant's control to a search on the basis that the Probation Officer has a reasonable suspicion 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. Defendant must inform any other residents that the premises may be subject to search pursuant to this condition. Defendant is to be supervised by the district of residence. Defendant's bail conditions continued until date of surrender. Defendant must voluntarily surrender at the designated facility by 2:00 p.m. on 12/2/2020. (jbo) Modified on 10/20/2020 (lan). (Entered: 10/13/2020)
10/4/2020SENTENCING SUBMISSION by Bryan Castillo. (Attachments: # 1 Exhibit Letter 1, # 2 Exhibit Letter 2, # 3 Errata Letter 3)(Gauli-Rufo, Lorraine) (Entered: 10/04/2020)
10/2/2020 LETTER by USA as to Samantha Batista addressed to Judge Laura Taylor Swain from United States dated October 2, 2020 re: Batista Compassionate Release Motion Document filed by USA. (Bagliebter, Jamie) (Entered: 10/02/2020)
10/1/2020 LETTER RESPONSE as to Samantha Batista addressed to Judge Laura Taylor Swain from Samantha, dated 9/21/2020, re: response to the government's argument that states why she should not be granted home confinement. (lnl) (Entered: 10/07/2020)
10/1/2020 LETTER as to Samantha Batista addressed to Judge Laura Taylor Swain from Elizabeth Sanchez, dated 9/23/2020, re: letter of reference for Samantha Batista for the court to show leniency. (lnl) (Entered: 10/07/2020)
10/1/2020SENTENCING SUBMISSION by Bryan Castillo. (Attachments: # 1 Exhibit A)(Gauli-Rufo, Lorraine) (Entered: 10/01/2020)
9/30/2020SENTENCING SUBMISSION by USA as to Bryan Castillo. (Bagliebter, Jamie) (Entered: 09/30/2020)
9/29/2020Minute Entry for proceedings held before Judge Laura Taylor Swain: Sentencing held on 9/29/2020 for Jeremy Estevez (6) Count 1. For the Gov't Maurene R. Comey, AUSA present. Court Reporter Sam Mauro present. Defendant is sentenced to 36 months of imprisonment as to Count One (1) followed by 3 years of supervised release as to Count One (1). The Court expresses no opinion as to whether any sanction for violation of the Defendant's New Jersey state probation should be imposed to run concurrently with, or consecutively to, this custodial term. The Court recommends to the BOP that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. Defendant is to pay a special assessment of $100.00 to be paid immediately. Defendant must provide the probation officer with access to any requested financial information. Defendant must participate in an outpatient substance abuse treatment program approved by the U.S. Probation Office, which program may include testing to determine whether the defendant has reverted to using drugs or alcohol. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of third-party payment. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance abuse treatment provider, as directed by the Probation Officer. Defendant must submit defendant's person, residence, place of business, vehicle, and any property, computers, electronic communications, data storage devices and/or other media under defendant's control to a search on the basis that the Probation Officer, and if needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the person being supervised. 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 of release. Defendant must inform any other residents that the premises may be subject to search pursuant to this condition. Defendant is to be supervised by the district of residence. Defendant continued remanded. (lnl) (Entered: 10/08/2020)
9/29/2020MEMO ENDORSEMENT as to (18-Cr-319-06) Jeremy Estevez on re: 285 Letter - Sentencing filed by Jeremy Estevez re: WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING. Accepted: (Signed by Judge Laura Taylor Swain on 9/29/2020)(bw) (Entered: 09/29/2020)
9/25/2020ORDER as to Samantha Batista. The Court has received Defendant Samantha Batista's pro se submission, made in response to the Court's Order dated August 31, 2020 (Docket Entry No. 270), which directed her to (1) promptly supplement her motion for compassionate release (Docket Entry No. 269) with evidence of having exhausted her administrative requirements under 18 U.S.C. § 3582(c) (1)(A), and (2) submit any reply in support of that motion no later than September 25, 2020. The Government shall file a sur-reply, limited to the issue of Ms. Batistas alleged exhaustion of her remedies under 18 U.S.C. § 3582(c) (1)(A), by October 2, 202 (Signed by Judge Laura Taylor Swain on 9/25/20)(jw) (Entered: 09/25/2020)
9/25/2020 Letter from Samantha Batista addressed to Warden Easter(jw) (Entered: 09/25/2020)
9/24/2020Sentencing Letter by Jeremy Estevez addressed to Judge Laura Taylor Swain from Louis M. Freeman dated 9/24/2020 re: Waiver. (Freeman, Louis) (Entered: 09/24/2020)
9/24/2020ORDER as to Jeremy Estevez. The sentencing hearing scheduled for September 29, 2020, at 11:00 a.m., is hereby RESCHEDULED to occur as a video-conference using the CourtCall platform on September 29, 2020, at 9:00 a.m. As requested, defense counsel will be given an opportunity to speak with the Defendant by telephone for fifteen minutes before the sentencing proceeding begins (i.e., at 8:45 a.m.); defense counsel should make sure to answer the telephone number that was previously provided to Chambers at that time. To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the CourtCall system, only one counsel per party may participate. To access the audio feed of the conference, members of the press and public may call 888-363-4734 and use access code 1527005# and security code 1439# ( Sentencing set for 9/29/2020 at 09:00 AM before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 9/24/2020)(jw) (Entered: 09/24/2020)
9/23/2020Set/Reset Deadlines/Hearings as to Noel Martinez: Sentencing set for 12/15/2020 at 10:00 AM before Judge Laura Taylor Swain (jw) (Entered: 09/24/2020)
9/23/2020MEMO ENDORSEMENT 280 LETTER MOTION Reschedule Sentencing as to Noel Martinez...ENDORSEMENT...The sentencing is adjourned to December 15, 2020, at 10:00 a.m. as a control date. Counsel shall file a status report by December 1, 2020. DE# 280 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/23/2020) (jw) (Entered: 09/24/2020)
9/22/2020JUDGMENT IN A CRIMINAL CASE as to Domingo Tolentino (9), Count(s) 10, 12, 13, 14, 9 are dismissed on the motion of the US. Pleaded guilty to Count(s) 11. Imprisonment for a total term of 84 Months as to Count Eleven (11). Supervised release for a term of 5 Years as to Count Eleven (11). The court makes the following recommendations to the Bureau of Prisons: that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate themaintenance of family ties. The Court recommends that the defendant be afforded an opportunity to participate in the BOP's Residential Drug Abuse Treatment Program (RDAP). The Court recommends to the BOP that the defendant be afforded a thorough mental health evaluation and appropriate treatment, as well as educational and vocational training. Special Assessment of $100 which is due immediately. (Signed by Judge Laura Taylor Swain on 9/22/20)(jw) (Entered: 09/23/2020)
9/22/2020DISMISSAL OF COUNTS on Government Motion as to Domingo Tolentino (9) Count 9,10,12,13,14. (jw) (Entered: 09/23/2020)
9/22/2020ORDER as to Bryan Castillo. The sentencing proceeding currently scheduled for October 8, 2020, at 10:00 a.m., is hereby rescheduled to proceed on Tuesday, October 6, 2020, at 10:00 a.m. in Courtroom 17C. The parties' attention is directed to the attached information regarding Courthouse COVID-19 protocols. To access the audio feed of the conference, members of the press and public may call 888-363-4734 and use access code 1527005# and security code #1567 (Sentencing set for 10/6/2020 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 9/22/20)(jw) (Entered: 09/23/2020)
9/22/2020CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from Ezra Spilke dated September 22, 2020 re: adjournment of sentencing . Document filed by Noel Martinez. (Spilke, Ezra) (Entered: 09/22/2020)
9/21/2020Minute Entry for proceedings held before Judge Laura Taylor Swain:Sentencing held on 9/21/2020 for Domingo Tolentino (9) Count 11. Defendant Domingo Tolentino (9) present with counsel, Marc S. DeMarco. For the Gov't Jamie Bagliebter, AUSA present. Spanish Interpreter present. Court Reporter Martha Martin present. Defendant is sentenced to 84 months of imprisonment as to Count Eleven (11) followed by 5 years of supervised release as to Count Eleven (11). The Court recommends to the BOP that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. The Court recommends to the BOP that the defendant be afforded an opportunity to participate in the BOP's Residential Drug Abuse Treatment Program (RDAP). The Court recommends to the BOP that the defendant be afforded a thorough mental health evaluation and appropriate treatment, as well as educational and vocational training. Defendant is to pay a special assessment of $100.00 to be paid immediately. Defendant must participate in an outpatient substance abuse treatment program approved by the U.S. Probation Office,which program may include testing to determine whether the defendant has reverted to using drugs or alcohol. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of third-party payment. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance abuse treatment provider, as directed by the Probation Officer. Defendant must participate in an outpatient mental health treatment program approved by the U.S. Probation Office. The defendant must continue to take any prescribed medications unless otherwise instructed by the health care provider. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of 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. Defendant must submit defendants person, residence, place of business, vehicle, and any property, computers, electronic communications, data storage devices and/or other media under defendant's control to a search on the basis that the Probation Officer has a reasonable suspicion 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. Defendant must inform any other residents that the premises may be subject to search pursuant to this condition. Defendant must participate in a cognitive behavioral treatment program under the guidance and supervision of the Probation Officer, until such time as the defendant is released from the program by the Probation Officer. Defendant is to be supervised by the district of residence. Defendant continued remanded (jw) (Entered: 09/23/2020)
9/18/2020SENTENCING SUBMISSION by Jeremy Estevez. (Freeman, Louis) (Entered: 09/18/2020)
9/17/2020ORDER as to Domingo Tolentino: The sentencing proceeding in this case is scheduled to proceed on Monday, September 21, 2020, at 2:00 p.m. in Courtroom 17C. The parties attention is directed to the attached information regarding Courthouse COVID-19 protocols. To access the audio feed of the conference, members of the press and public may call 888-363-4734 and use access code 1527005# and security code #2934. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. SO ORDERED. (Sentencing set for 9/21/2020 at 02:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 9/17/2020) (lnl) (Entered: 09/17/2020)
9/15/2020ORDER as to (18-Cr-319-6) Jeremy Esteves. The Court has requested that Defendant Jeremy Estevez's sentencing proceeding take place via video conference on the morning of September 29, 2020, at 11:00 a.m. No conference date, time or modality can be confirmed before the end of the preceding week, so counsel are requested to keep their calendars open between the hours of 9 a.m. and 2 p.m. on September 29, 2020, until further notice. The Court has also requested that defense counsel be given an opportunity to speak with the Defendant by telephone for fifteen minutes before the sentencing proceeding begins; defense counsel should make sure to answer the telephone number that was previously provided to Chambers at that time. In advance of the conference, Chambers will email the parties with further information on how to access the conference. If possible, defense counsel shall discuss the attached Waiver of Right to be Present at Criminal Proceeding with the Defendant prior to the proceeding. If the Defendant consents, and is able to sign the form (either personally or, in accordance with Standing Order 20-MC-174 of March 27, 2020, by defense counsel), defense counsel shall file the executed form at least 24 hours prior to the proceeding. In the event the Defendant consents, but counsel is unable to obtain or affix the Defendant's signature on the form, the Court will conduct an inquiry at the outset of the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature to the form. (*** See this Order for complete details. ***) SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/15/2020)(bw) (Entered: 09/15/2020)
9/14/2020SENTENCING SUBMISSION by USA as to Domingo Tolentino. (Bagliebter, Jamie) (Entered: 09/14/2020)
9/14/2020SENTENCING SUBMISSION by USA as to Jeremy Esteves. (Bagliebter, Jamie) (Entered: 09/14/2020)
9/14/2020ORDER as to Domingo Tolentino: The Court has requested that Defendant Domingo Tolentinos sentencing proceeding take place in Courtroom 17C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007, on September 21, 2020, at 2:00 p.m. No conference date, time, or modality can be confirmed before the preceding week, so counsel are requested to keep their calendars as open as possible on September 21, 2020, until further notice. In advance of the conference, Chambers will provide the parties with instructions governing entry into the courthouse in light of the COVID-19 pandemic. To the extent that there are any documents relevant to the proceeding (e.g., proposed orders or documents regarding restitution, forfeiture, or removal), counsel should submit them to the Court (by email or on ECF, as appropriate) at least 24 hours prior to the proceeding. SO ORDERED. (Sentencing set for 9/21/2020 at 02:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 9/14/2020) (lnl) (Entered: 09/14/2020)
9/11/2020MEMORANDUM in Opposition by USA as to Samantha Batista re 269 MOTION For Time Reduction under Section 3582(c)(1)(A) Immediate Release to Home Confinement in Accordance with the First Step Act of 2018.. (Bagliebter, Jamie) (Entered: 09/11/2020)
9/7/2020SENTENCING SUBMISSION by Jeremy Esteves. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Freeman, Louis) (Entered: 09/07/2020)
9/3/2020Sentencing Letter by Domingo Tolentino as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon addressed to Judge Laura Taylor Swain from Mark S. DeMarco dated September 3, 2020 re: Sentencing Letter. (Attachments: # 1 Exhibit)(DeMarco, Mark) (Entered: 09/03/2020)
8/31/2020ORDER as to Samantha Batista. The Court has received Defendant Samantha Batistas pro se motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). (Docket Entry No. 268.)Ms. Batista writes that she has "exhausted [her] administrative remedy requirements," but attaches no evidence of having done so. Ms. Batista shall promptly supplement her motion with evidence of having exhausted her administrative requirements under 18 U.S.C. § 3582(c)(1)(A). The Government is directed to file and serve its response to Ms. Batista's application for compassionate release by September 11, 2020. The response must include a complete copy of Ms. Bautista's BOP medical record. A complete, unredacted courtesy copy of the Governments response must be provided to defendant and emailed to Chambers via SwainNYSDCorresp@nysd.uscourts.gov. Ms. Batista's reply to the Governments response, if any, must be filed by September 25, 2020. The Clerk of Court is respectfully directed to mail a copy of this Order to defendant Samantha Batista, Reg. No. 86154-054, FCI Danbury, Federal Correctional Institution, Route 37, Danbury, CT 06811.(Defendant Replies due by 9/25/2020., Government Responses due by 9/11/2020) [**Mailed this Order to defendant on 9/1/2020**] (Signed by Judge Laura Taylor Swain on 8/31/2020)(jw) (Entered: 09/01/2020)
8/31/2020 MOTION For Time Reduction under Section 3582(c)(1)(A) Immediate Release to Home Confinement in Accordance with the First Step Act of 2018 Document filed by Samantha Batista. (jw) (Entered: 09/01/2020)
8/14/2020MEMO ENDORSEMENT as to Yasmil Fertides, Milton Chardon, Christian Pabon, Noel Martinez, Juan Calderon on re: 266 LETTER MOTION addressed to Judge Laura Taylor Swain from Jeremy Schneider dated August 14, 2020 re: Adjournment of Pretrial Conference. ENDORSEMENT: The application is granted. The conference is adjourned to November 12, 2020 at 10:00am. The Court finds pursuant to 18 U.S.C. §3161(h)(7)(A) that the ends of justice served by an exclusion of the time from today's date through 11/12/2020 outweigh the best interests the public and the defendant(s) in a speedy trial for the reasons stated above. (Pretrial Conference set for 11/12/2020 at 10:00 AM before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 8/14/2020) (ap) (Entered: 10/20/2020)
8/14/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Jeremy Schneider dated August 14, 2020 re: Adjournment of Pretrial Conference . Document filed by Christian Pabon. (Schneider, Jeremy) (Entered: 08/14/2020)
7/30/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Noel Martinez. Notice is hereby given that an official transcript of a Plea proceeding held on 6/5/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/30/2020)
7/30/2020TRANSCRIPT of Proceedings as to Noel Martinez re: Plea held on 6/5/2020 before Judge Laura Taylor Swain. 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 8/20/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/28/2020. (McGuirk, Kelly) (Entered: 07/30/2020)
7/17/2020MEMO ENDORSEMENT as to Bryan Castillo on 262 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 07/17/2020 re: Adjournment of Sentence. ENDORSEMENT: The sentencing is adjourned to October 8, 2020, at 10:00 a.m. in Courtroom 17C, and the related deadlines are modified accordingly. Note the attached screening procedures. DE#262 resolved. SO ORDERED. (Sentencing set for 10/8/2020 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 7/17/2020) (lnl) (Entered: 07/17/2020)
7/17/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 07/17/2020 re: Adjournment of Sentence . Document filed by Bryan Castillo. (Gauli-Rufo, Lorraine) (Entered: 07/17/2020)
7/14/2020261SEALED DOCUMENT placed in vault. (dn) (Entered: 07/14/2020)
7/8/2020260SEALED DOCUMENT placed in vault. (mhe) (Entered: 07/08/2020)
7/1/2020Set/Reset Deadlines/Hearings as to Domingo Tolentino: Sentencing set for 9/21/2020 at 02:00 PM before Judge Laura Taylor Swain (jw) (Entered: 07/02/2020)
7/1/2020MEMO ENDORSEMENT 258 LETTER MOTION Reschedule Sentencing as to Domingo Tolentino....ENDORSEMENT...The sentencing is adjourned to September 21, 2020 at 2:00 p.m. Counsel must contact Chambers on September 10, 2020, to inquire as to whether a personal appearance will be feasible for September 21, 2020. DE# 258 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/1/2020) (jw) (Entered: 07/02/2020)
7/1/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Mark S. DeMarco dated July 1, 2020 re: Adjournment of Sentencing . Document filed by Domingo Tolentino as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (DeMarco, Mark) (Entered: 07/01/2020)
6/30/2020WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Noel Martinez. (Signed by Judge Laura Taylor Swain on 6/5/2020) (lnl) (Entered: 06/30/2020)
6/26/2020LETTER from Judge Laura Taylor Swain to Samantha Batista, dated 6/26/2020, re: letter dated June 16, 2020. (Signed by Judge Laura Taylor Swain on 6/26/2020)(lnl) (Entered: 06/26/2020)
6/26/2020 LETTER by Samantha Batista addressed to Judge Laura Taylor Swain from Samantha Batista, dated 6/16/2020, re: Defendant writes to inform the Court of the discrimination, injustice and harsh punishment that she is suffering at Metropolitan Correctional Center. (lnl) (Entered: 06/26/2020)
6/25/2020254SEALED DOCUMENT placed in vault. (mhe) (Entered: 06/25/2020)
6/25/2020MEMO ENDORSEMENT as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon on re: 252 LETTER by USA addressed to Judge Laura Taylor Swain from Karin Portlock dated June 24, 2020 re: Terminate Appearance. ENDORSEMENT: The request is granted. DE#252 resolved. Attorney Karin Portlock terminated in case. (Signed by Judge Laura Taylor Swain on 6/25/2020) (ap) (Entered: 06/25/2020)
6/24/2020 LETTER by USA as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon addressed to Judge Laura Taylor Swain from Karin Portlock dated June 24, 2020 re: Terminate Appearance Document filed by USA. (Portlock, Karin) (Entered: 06/24/2020)
6/18/2020Set/Reset Hearings as to Jeremy Esteves: Sentencing set for 9/21/2020 at 11:00 AM before Judge Laura Taylor Swain. (ap) (Entered: 06/19/2020)
6/18/2020MEMO ENDORSEMENT as to Jeremy Esteves (6) on 250 LETTER MOTION addressed to Judge Laura Taylor Swain from Louis M. Freeman dated 6/18/2020 re: Sentencing Adjournment. ENDORSEMENT: The sentencing is adjourned to September 21, 2020, at 11:00 a.m. and the related deadlines are modified accordingly. DE# 250 resolved. (Signed by Judge Laura Taylor Swain on 6/18/2020) (ap) (Entered: 06/19/2020)
6/18/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Louis M. Freeman dated 6/18/2020 re: Sentencing Adjournment . Document filed by Jeremy Esteves. (Freeman, Louis) (Entered: 06/18/2020)
6/13/2020MEMO ENDORSED granting 247 LETTER MOTION Adjournment as to Yasmil Fertides (1), Milton Chardon (2), Christian Pabon (3), Bryan Castillo (4), George Citronelle (5), Jeremy Esteves (6), Samantha Batista (7), Noel Martinez (8), Domingo Tolentino (9), Juan Calderon (10)...ENDORSEMENT: The application is granted. The conference is adjourned to September 10, 2020, at 3:30 p.m. The Court finds pursuant to 18 U.S.C. §3161(h)(7)(A) that the ends of justice served by an exclusion of the time from today's date through September 10, 2020, outweigh the best interests of the public and the defendant(s) in a speedy trial for the reasons stated above. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/13/2020) (jbo) (Entered: 06/15/2020)
6/12/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from United States dated June 12, 2020 re: Adjournment . Document filed by USA as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (Bagliebter, Jamie) (Entered: 06/12/2020)
6/5/2020Oral Order of Referral to Probation for Presentence Investigation and Report as to Noel Martinez. (Signed by Judge Laura Taylor Swain on 6/5/2020) (ap) (Entered: 06/30/2020)
6/5/2020Minute Entry for proceedings held before Judge Laura Taylor Swain: Plea entered by Noel Martinez (8) Guilty as to Count 11. (ap) (Entered: 06/30/2020)
6/5/2020Minute Entry for proceedings held before Judge Laura Taylor Swain: Change of Plea Hearing as to Noel Martinez held on 6/5/2020. Defendant Noel Martinez (8) present with counsel, Ezra Spilke. For the Govt Jamie E. Bagliebter, AUSA present. PLEA HEARING held. The Court accepts the defendant's waiver of his right to be present at this hearing. (Waiver to follow.) Defendant sworn. Defendant withdrew not guilty plea, waived reading of the S1 Indictment and entered a plea of guilty as to Count Eleven (11) of the S1 Indictment. PSI ordered. Sentencing is scheduled for 10/13/2020 at 11:00am. Defendant continued remanded. (Sentencing set for 10/13/2020 at 11:00 AM before Judge Laura Taylor Swain) (Court Reporter Rose Prater) (ap) (Entered: 06/30/2020)
6/4/2020WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Noel Martinez. (Spilke, Ezra) (Entered: 06/04/2020)
6/2/2020 LETTER by Milton Chardon addressed to Judge Laura Taylor Swain from Deveraux L. Cannick dated June 2, 2020 re: Letter to MCC New York (Cannick, Deveraux) (Entered: 06/02/2020)
5/27/2020Set/Reset Hearings as to Noel Martinez: Change of Plea Hearing set for 6/5/2020 at 11:00 AM before Judge Laura Taylor Swain. (jbo) (Entered: 05/27/2020)
5/27/2020ORDER as to Noel Martinez (8). A change of plea hearing is hereby scheduled to occur as a videoconference using the CourtCall platform on June 5, 2020, at 11:00 a.m.....Docket Entry No. 242 is resolved. (Signed by Judge Laura Taylor Swain on 5/27/2020) (jbo) (Entered: 05/27/2020)
5/26/2020 LETTER by USA as to Noel Martinez addressed to Judge Laura Taylor Swain from United States dated May 26, 2020 re: CARES Act Document filed by USA. (Bagliebter, Jamie) (Entered: 05/26/2020)
5/26/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Ezra Spilke dated May 26, 2020 pursuant to s. 15002(b)(2)(A) of the CARES Act. Document filed by Noel Martinez. (Spilke, Ezra) (Entered: 05/26/2020)
5/7/2020Set/Reset Hearings as to Bryan Castillo: Sentencing set for 8/4/2020 at 11:00 AM before Judge Laura Taylor Swain. (lnl) (Entered: 05/07/2020)
5/7/2020MEMO ENDORSEMENT as to Bryan Castillo (4) granting 240 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 05/06/2020 re: Sentence Adjournment. ENDORSEMENT: The request is granted, and the related submission deadlines are modified accordingly. DE# 240 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/7/2020) (lnl) (Entered: 05/07/2020)
5/6/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 05/06/2020 re: Sentence Adjournment . Document filed by Bryan Castillo. (Gauli-Rufo, Lorraine) (Entered: 05/06/2020)
5/4/2020Set/Reset Hearings as to Domingo Tolentino: Sentencing set for 7/14/2020 at 02:30 PM before Judge Laura Taylor Swain. (ap) (Entered: 05/04/2020)
5/4/2020MEMO ENDORSEMENT as to Domingo Tolentino (9) on 238 FIRST LETTER MOTION addressed to Judge Laura Taylor Swain from Mark S. DeMarco dated May 4, 2020 re: Adjournment of Sentencing. ENDORSEMENT: The sentencing is adjourned to July 14, 2020, at 2:30pm and the related deadlines are modified accordingly. DE # 238 resolved. (Signed by Judge Laura Taylor Swain on 5/4/2020) (ap) (Entered: 05/04/2020)
5/4/2020FIRST LETTER MOTION addressed to Judge Laura Taylor Swain from Mark S. DeMarco dated May 4, 2020 re: Adjournment of Sentencing . Document filed by Domingo Tolentino as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (DeMarco, Mark) (Entered: 05/04/2020)
5/4/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Domingo Tolentino: Notice to Attorney DeMarco, Mark to RE-FILE Document 237 MOTION to Continue Sentencing. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 05/04/2020)
5/4/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Continue Sentencing. Document filed by Domingo Tolentino as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (DeMarco, Mark) Modified on 5/4/2020 (ka). (Entered: 05/04/2020)
4/22/2020MEMO ENDORSEMENT as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, Jeremy Esteves, Noel Martinez, Domingo Tolentino, Juan Calderonon 235 LETTER MOTION addressed to Judge Laura Taylor Swain from United States dated April 21, 2020 re: Adjournment. ENDORSEMENT: The application is granted. The conference is adjourned to June 25, 2020, at 11:30 am. The Court finds pursuant to 18 U.S.C. § 3161(h)(7)(A) that the ends of justice served by an exclusion of the time from today's date through June 25, 2020, outweigh the best interests of the public and the defendant(s) in a speedy trial for the reasons stated above. DE#235 resolved. SO ORDERED. (Pretrial Conference set for 6/25/2020 at 11:30 AM before Judge Laura Taylor Swain) (Time excluded from 4/22/2020 until 6/25/2020) (Signed by Judge Laura Taylor Swain on 4/22/2020) (lnl) (Entered: 04/22/2020)
4/21/2020Minute Entry for proceedings held before Judge Laura Taylor Swain: Telephone Conference as to Milton Chardon held on 4/21/2020. Defendant Milton Chardon (2) presence waived but counsel, Deveraux L. Cannick present. For the Gov't Jamie Bagliebter, AUSA and PTSO Marlon Ovalles present. Court Reporter Jennifer Thun present. BAIL HEARING held by teleconference. As stated on the record, the Court denie defendant's temporary release application. Order of Detention to follow. Defendant continued remanded. (lnl) (Entered: 04/27/2020)
4/21/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from United States dated April 21, 2020 re: Adjournment . Document filed by USA as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (Bagliebter, Jamie) (Entered: 04/21/2020)
4/21/2020ORDER as to Milton Chardon (2): For the reasons stated on the record during the April 21, 2020, telephonic hearing, Mr. Chardon's application for temporary release pursuant to 18 U.S.C. §3142(i) is denied. Docket entry nos. 227 and 232 are resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/21/2020) (lnl) (Entered: 04/21/2020)
4/21/2020ORDER OF DETENTION PENDING TRIAL as to Milton Chardon. (Signed by Judge Laura Taylor Swain on 4/21/2020) (See ORDER as set forth) (lnl) (Entered: 04/21/2020)
4/17/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Deveraux L. Cannick dated April 17, 2020 re: Defendant's Waiver of Appearance . Document filed by Milton Chardon. (Cannick, Deveraux) (Entered: 04/17/2020)
4/17/2020ORDER as to Milton Chardon: The Court has received and reviewed Defendant Milton Chardon's application for bail, made in light of the COVID-19 epidemic, and the opposition submission in connection therewith. The Court will hold a telephonic hearing on Mr. Chardon's application on Tuesday, April 21, 2020, at 11:15 a.m. A hearing with Defendant's participation cannot occur before the week of April 27, 2020, at the earliest, and a firm date for such a hearing cannot be set before the end of the week of April 20, 2020. Counsel are directed to confer and inform the Court by 10:00 a.m. on April 20, 2020, whether they wish to proceed without Defendant's presence on Tuesday, April 21, 2020, at 11:15 a.m. If counsel wishes to wait to proceed with Defendant's participation, he should indicate whether he wishes to have time before the hearing to consult with Mr. Chardon using the video or teleconference connection allocated for the hearing. To access the call, should it proceed on April 21, 2020, the parties must dial 888-363-4734 and enter the access code 1527005, followed by the security code 1866. Call participants are directed to observe the following rules: 1. Use a landline whenever possible. 2. Use a handset rather than a speakerphone. 3. All callers in to the line must identify themselves if asked to. 4. Identify yourself each time you speak. 5. Mute when you are not speaking to eliminate background noise. 6. Spell proper names. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Telephone Conference set for 4/21/2020 at 11:15 AM before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 4/17/2020) (ap) (Entered: 04/17/2020)
4/16/2020 LETTER by USA as to Milton Chardon addressed to Judge Laura Taylor Swain from United States dated April 16, 2020 re: Opposition to Defendant's Bail Application Document filed by USA. (Bagliebter, Jamie) (Entered: 04/16/2020)
4/13/2020MEMO ENDORSEMENT as to Milton Chardon on re: 227 LETTER MOTION addressed to Judge Laura Taylor Swain from Deveraux L. Cannick dated April 13, 2020 re: Request for Release. ENDORSEMENT: The Government must file its written response to the foregoing application by April 16, 2020, at 5:00 p.m. Medical or other confidential personal information may be redacted in the version filed on ECF. A complete courtesy copy must be provided to defense counsel and emailed to Chambers via SwainNYSDCorresp@nysd.uscourts.gov. Any reply, which must state whether the defendant, after consultation with counsel, consents to waive his appearance for a telephonic hearing to be conducted by the Court with counsel, must be filed by April 17, 2020, at 3:00 p.m. Medical or other confidential personal information may be redacted from the versions filed on ECF of the parties' submissions. The parties must deliver unredacted copies of any redacted filings to the drop box located in the lobby of the Daniel Patrick Moynihan Courthouse as soon as is practicable after the COVID-19 pandemic local travel restrictions are lifted, and in any event no later than July 17, 2020. (Responses due by 4/16/2020. Replies due by 4/17/2020) (Signed by Judge Laura Taylor Swain on 4/13/2020) (ap) (Entered: 04/14/2020)
4/13/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Deveraux L. Cannick dated April 13, 2020 re: Request for Release . Document filed by Milton Chardon. (Cannick, Deveraux) (Entered: 04/13/2020)
4/13/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jeremy Esteves. Notice is hereby given that an official transcript of a Plea proceeding held on 2/26/2020 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 Jeremy Esteves re: Plea held on 2/26/2020 before Judge Laura Taylor Swain. 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 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)
4/8/2020MEMO ENDORSEMENT as to Yasmil Fertides (1) granting 223 LETTER MOTION addressed to Judge Laura Taylor Swain from Inga L. Parsons dated 4/8/2020 re: Approval of Associate Hours Nunc Pro Tunc to 7/6/2018. ENDORSEMENT: The request is granted. DE# 223 resolved. (Signed by Judge Laura Taylor Swain on 4/8/2020) (ap) (Entered: 04/08/2020)
4/8/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Inga L. Parsons dated 4/8/2020 re: Approval of Associate Hours Nunc Pro Tunc to 7/6/2018 . Document filed by Yasmil Fertides. (Parsons, Inga) (Entered: 04/08/2020)
4/8/2020 LETTER addressed to Judge Laura Taylor Swain from Deborah Martino dated 4/7/2020 re: Defendant Milton Chardon and his well being (jw) (Entered: 04/08/2020)
4/8/2020Set/Reset Hearings as to Jeremy Esteves: Sentencing set for 6/25/2020 at 10:00 AM before Judge Laura Taylor Swain. (lnl) (Entered: 04/08/2020)
4/8/2020MEMO ENDORSEMENT as to Jeremy Esteves (6) on 220 LETTER MOTION addressed to Judge Laura Taylor Swain from Louis M. Freeman dated 04/07/2020 re: Adjournment of Sentence. ENDORSEMENT: The sentencing is adjourned to June 25, 2020, at 10:00 a.m. and the related deadlines are modified accordingly. DE #220 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/7/2020) (lnl) (Entered: 04/08/2020)
4/7/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Louis M. Freeman dated 04/07/2020 re: Adjournment of Sentence . Document filed by Jeremy Esteves. (Freeman, Louis) (Entered: 04/07/2020)
4/6/2020MEMO ENDORSEMENT 218 LETTER MOTION Modification of Bail Conditions as to Bryan Castillo...ENDORSEMENT...The foregoing modification request is granted. DE#218 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/6/2020) (jw) (Entered: 04/06/2020)
4/6/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 04/06/2020 re: Modification of Conditions of Bail . Document filed by Bryan Castillo. (Gauli-Rufo, Lorraine) (Entered: 04/06/2020)
3/23/2020ORDER as to Milton Chardon. The Court has received a letter from Mr. Chardon, dated March 18, 2020, regarding defense strategy issues and confinement conditions. The letter will be filed under seal to protect attorney-client confidentiality, and a copy will be forwarded to defense counsel, who is requested to follow up with Mr. Chardon as promptly as possible. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/23/2020)(jbo) (Entered: 03/23/2020)
3/18/2020Set/Reset Hearings as to Bryan Castillo: Sentencing set for 5/14/2020 at 03:00 PM before Judge Laura Taylor Swain. (ap) (Entered: 03/18/2020)
3/18/2020MEMO ENDORSEMENT as to Bryan Castillo (4) on 215 LETTER MOTION addressed to Judge Laura Taylor Swain from Untied States dated March 18, 2020 re: Sentencing Adjournment. ENDORSEMENT: The sentencing is adjourned to May 14, 2020, at 3:00 p.m. (Signed by Judge Laura Taylor Swain on 3/18/2020) (ap) (Entered: 03/18/2020)
3/18/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Untied States dated March 18, 2020 re: Sentencing Adjournment . Document filed by USA as to Bryan Castillo. (Bagliebter, Jamie) (Entered: 03/18/2020)
3/12/2020SENTENCING SUBMISSION by Bryan Castillo. (Attachments: # 1 Exhibit A)(Gauli-Rufo, Lorraine) (Entered: 03/12/2020)
3/12/2020Set/Reset Hearings as to Bryan Castillo: Sentencing set for 3/26/2020 at 10:30 AM before Judge Laura Taylor Swain. (lnl) (Entered: 03/12/2020)
3/12/2020MEMO ENDORSEMENT as to Bryan Castillo (4) granting 212 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 03/11/2020 re: Adjournment of Sentencing. ENDORSEMENT: The request is granted. DE #212 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/12/2020) (lnl) (Entered: 03/12/2020)
3/11/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 03/11/2020 re: Adjournment of Sentencing . Document filed by Bryan Castillo. (Gauli-Rufo, Lorraine) (Entered: 03/11/2020)
2/26/2020Set/Reset Hearings as to Jeremy Esteves: Sentencing set for 5/27/2020 at 11:00 AM before Judge Laura Taylor Swain. (jbo) (Entered: 02/27/2020)
2/26/2020Order of Referral to Probation for Presentence Investigation and Report as to Jeremy Esteves. (Signed by Judge Laura Taylor Swain on 2/26/2020)(jbo) (Entered: 02/27/2020)
2/26/2020Change of Not Guilty Plea to Guilty Plea as to Jeremy Esteves (6) Count 1. (jbo) (Entered: 02/27/2020)
2/26/2020Minute Entry for proceedings held before Judge Laura Taylor Swain: Plea entered by Jeremy Esteves (6) Guilty as to Count 1. (jbo) (Entered: 02/27/2020)
2/26/2020Minute Entry for proceedings held before Judge Laura Taylor Swain: Change of Plea Hearing as to Jeremy Esteves held on 2/26/2020. Defendant Jeremy Esteves (6) present with counsel, Louis M. Freeman, For the Gov't Jamie Bagliebter, AUSA present. Court Reporter Khristine Sellin present. PLEA HEARING held. Defendant sworn. Defendant withdrew not guilty plea, waived reading of the S1 Indictment and entered a plea of guilty as to Count One (1) of the S1 Indictment. PSI ordered. Sentencing is scheduled for 5/27/2020 at 11:00am. Defendant continued remanded. (jbo) (Entered: 02/27/2020)
2/26/2020ORDER as to (18-Cr-319-06) Jeremy Esteves. The indictment in this matter includes one or more forfeiture allegations. Pursuant to Rule 32.2(b) of the Federal Rules of Criminal Procedure, after a finding of guilt, the Court must determine whether property is subject to forfeiture under the applicable statute and enter a preliminary order of forfeiture if necessary. Accordingly, the Government is hereby directed to determine what property it will seek to have forfeited and confer promptly with defense counsel to ascertain whether the defense opposes the forfeiture sought. The Government must thereafter provide, no later than two weeks before the scheduled sentencing date, via facsimile to Chambers with a copy served on defense counsel, a proposed preliminary order of forfeiture. If the preliminary order is not on consent, the Government's submission must be accompanied by a description of the evidentiary basis for its forfeiture position and a statement as to whether the parties believe that an evidentiary hearing is warranted pursuant to Rule 32.2(b)(1). Defense counsel will have one week following his or her receipt of the Government's letter to respond. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/26/2020)(bw) (Entered: 02/26/2020)
2/24/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yasmil Fertides. Notice is hereby given that an official transcript of a Conference proceeding held on 1/23/2020 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: 02/24/2020)
2/24/2020TRANSCRIPT of Proceedings as to Yasmil Fertides re: Conference held on 1/23/2020 before Judge Laura Taylor Swain. 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 3/16/2020. Redacted Transcript Deadline set for 3/26/2020. Release of Transcript Restriction set for 5/26/2020. (McGuirk, Kelly) (Entered: 02/24/2020)
2/20/2020208SEALED DOCUMENT placed in vault. (mhe) (Entered: 02/20/2020)
2/19/2020Minute Entry for proceedings held before Judge Laura Taylor Swain: Pretrial Conference as to Yasmil Fertides, Milton Chardon, Christian Pabon, Jeremy Esteves, Noel Martinez, Juan Calderon held on 2/19/2020: Defendant Yasmil Ferrtides (1) present with counsel, Richard J. Ma. Defendant Milton Chardon (2) present with counsel, Deveraux L. Cannick. Defendant Christian Pabon (3) present with counsel, Jeremy Schneider. Defendant Jeremy Esteves (6) present with counsel, Louis M. Freeman. Defendant Noel Martinez (8) present with counsel, Ezra Spilke. Defendant Juan Calderon (10) present with counsel, James E. Neuman. For the Govt Jamie Bagliebter, AUSA present. Spanish Interpreter Selma Marks present. Court Reporter Khristine Sellin present. PTC held. Next PTC is scheduled for 4/29/2020 at 10:30am. Speedy Trial Time is excluded from 2/19/2020 through 4/29/2020. Defendants Yasmil Fertides (1), Milton Chardon (2), Christian Pabon (3), Jeremy Esteves (6), Noel Martinez (8), and Juan Calderon (10) continued remanded. (Pretrial Conference set for 4/29/2020 at 10:30 AM before Judge Laura Taylor Swain) (lnl) (Entered: 02/24/2020)
2/14/2020TRANSCRIPT of Proceedings as to Samantha Batista re: Sentence held on 1/16/2020 before Judge Laura Taylor Swain. 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 3/6/2020. Redacted Transcript Deadline set for 3/16/2020. Release of Transcript Restriction set for 5/14/2020. (McGuirk, Kelly) (Entered: 02/14/2020)
2/13/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Domingo Tolentino. Notice is hereby given that an official transcript of a Conference proceeding held on 1/17/2020 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: 02/13/2020)
2/13/2020TRANSCRIPT of Proceedings as to Domingo Tolentino re: Conference held on 1/17/2020 before Judge Laura Taylor Swain. 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 3/5/2020. Redacted Transcript Deadline set for 3/16/2020. Release of Transcript Restriction set for 5/13/2020. (McGuirk, Kelly) (Entered: 02/13/2020)
2/10/2020MEMO ENDORSEMENT as to Yasmil Fertides (1) granting 203 LETTER MOTION addressed to Judge Laura Taylor Swain from Richard J. Ma dated February 9, 2020 re: Extension of Time to File Pretrial Motions. ENDORSEMENT: The requested extension is granted. Mr. Ma shall file a joiner with respect to any co-defendant motions he believes are applicable to Mr. Ferrtides. DE#203 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/10/2020) (lnl) (Entered: 02/10/2020)
2/9/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Richard J. Ma dated February 9, 2020 re: Extension of Time to File Pretrial Motions . Document filed by Yasmil Fertides. (Ma, Richard) (Entered: 02/09/2020)
2/9/2020NOTICE OF ATTORNEY APPEARANCE: Richard John Ma appearing for Yasmil Fertides. Appearance Type: CJA Appointment. (Ma, Richard) (Entered: 02/09/2020)
1/27/2020ORDER as to Yasmil Fertides: Inga L. Parsons, Esq., is relieved as CJA counsel for the defendant. Richard Ma, Esq., is now appointed as CJA counsel for the defendant in the above-captioned matter. Attorney Inga L. Parsons terminated in case as to Yasmil Fertides. (Signed by Judge Laura Taylor Swain on 1/23/2020) (ap) (Entered: 01/27/2020)
1/23/2020Attorney update in case as to Yasmil Fertides. Attorney Richard John Ma for Yasmil Fertides added. (jw) (Entered: 01/27/2020)
1/23/2020Minute Entry for proceedings held before Judge Laura Taylor Swain:Attorney Appointment Hearing as to Yasmil Fertides held on 1/23/2020. Defendant Yasmil Ferrtides (1) present with counsel, Inga L. Parsons (by phone) and CJA on duty Richard Ma. For the Govt Maurene R. Comey, AUSA present. Court Reporter Kristen Carannante present. The Court grants the defendants application. CJA Counsel Inga L. Parsons for the defendant is relieved and Richard Ma is appointed as CJA counsel. (Order to follow.) Defendant continued remanded. (jw) (Entered: 01/27/2020)
1/23/2020MEMO ENDORSEMENT as to (18-Cr-319-09) Domingo Tolentino on re: 199 LETTER MOTION filed by Domingo Tolentino addressed to Judge Laura Taylor Swain from Attorney Mark S. DeMarco dated January 22, 2020 re: An Order or Recommendation that Mr. Tolentino Remain at the MCC Pending Sentence. ENDORSEMENT: The Court hereby makes the foregoing recommendation. Counsel are directed to provide a copy of this order to the BOP. DE #199 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/22/2020)(bw) (Entered: 01/23/2020)
1/22/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Mark S. DeMarco dated January 22, 2020 re: An Order or Recommendation that Mr. Tolentino Remain at the MCC Pending Sentence . Document filed by Domingo Tolentino as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (DeMarco, Mark) (Entered: 01/22/2020)
1/21/2020JUDGMENT IN A CRIMINAL CASE as to Samantha Batista (7), Count(s) 10, 12, 9, All open counts are dismissed on the motion of the US. Pleaded guilty to Count(s) 11, Imprisonment for a total term of 84 Months as to Count Eleven (11). Supervised release for a term of 3 Years as to Count Eleven (11). The court makes the following recommendations to the Bureau of Prisons: that the defendant be designated to the FCI Danbury facility, in Danbury, CT, in order to facilitate the maintenance of family ties, including with her young child. The Court recommends that the defendant be afforded an opportunity to participate in the BOP's Residential Drug Abuse Treatment Program (RDAP). Special Assessment of $100 which is due immediately (Signed by Judge Laura Taylor Swain on 1/21/2020)(jw) (Entered: 01/21/2020)
1/21/2020DISMISSAL OF COUNTS on Government Motion as to Samantha Batista (7) Count 9,10,12. (jw) (Entered: 01/21/2020)
1/21/2020MEMO ENDORSED granting 195 LETTER MOTION Adjournment as to Yasmil Fertides (1), Milton Chardon (2), Christian Pabon (3), Bryan Castillo (4), George Citronelle (5), Jeremy Esteves (6), Samantha Batista (7), Noel Martinez (8), Domingo Tolentino (9), Juan Calderon (10)...ENDORSEMENT: THE APPLICATION IS GRANTED. THE CONFERENCE IS ADJOURNED 2/19/20 AT 10:30 AM IN COURTROOM l7C. THE COURT FINDS PURSUANT TO 18US Cl316 l(H)(7)(A)THAT THE ENDS OF JUSTICE SERVED BY AN EXCLUSION OF THE TIME FROM TODAY'S DATE THROUGH 2/19/20 OUTWEIGH THE BEST INTERESTS OF THE PUBLIC ANDTHE DEFENDANT IN A SPEEDY TRIAL FOR THE REASONS STATED ABOVE SO ORDERED. DE# 195 resolved. (Signed by Judge Laura Taylor Swain on 1/21/20) (jbo) (Entered: 01/21/2020)
1/21/2020ORDER as to Yasmil Fertides. The Court has received a letter, filed January 17, 2020, from Mr. Fertidess counsel indicating that Mr. Fertides wishes to request assignment of new counsel. The Court will hold a hearing on the application on January 23, 2020, at 12:00 p.m. in Courtroom 17C. Docket Entry No. 194 is resolved. (Signed by Judge Laura Taylor Swain on 1/21/2020)(jw) (Entered: 01/21/2020)
1/21/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Karin Portlock dated January 21, 2020 re: Adjournment . Document filed by USA as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (Portlock, Karin) (Entered: 01/21/2020)
1/17/2020ORAL ORDER as to (S1-18-Cr-319-09) Domingo Tolentino. Sentencing set for 5/14/2020 at 11:00 AM before Judge Laura Taylor Swain. (bw) (Entered: 01/28/2020)
1/17/2020Order of Referral to Probation for Presentence Investigation and Report as to (S1-18-Cr-319-09) Domingo Tolentino. (By Judge Laura Taylor Swain on 1/17/2020) (bw) (Entered: 01/28/2020)
1/17/2020Minute Entry for proceedings held before Judge Laura Taylor Swain: Plea entered by Domingo Tolentino (9) Guilty as to Count 11. (bw) (Entered: 01/28/2020)
1/17/2020Change of Not Guilty Plea to Guilty Plea as to Domingo Tolentino (9) Count 11. (bw) (Entered: 01/28/2020)
1/17/2020Minute Entry for proceedings held before Judge Laura Taylor Swain: Change of Plea Hearing as to Domingo Tolentino held on 1/17/2020. Defendant Domingo Tolentino (9) present with counsel, Marc S. DeMarco. For the Gov't Karen Portlock, AUSA present. Court Reporter Kristen Carannante present. PLEA HEARING held. Defendant sworn. Defendant withdrew not guilty plea, waived reading of the S1 Indictment and entered a plea of guilty as to Count Eleven (11) of the S1 Indictment. PSI ordered. Sentencing is scheduled for 5/14/2020 at 11:00am. Defendant continued remanded. (bw) (Entered: 01/28/2020)
1/17/2020 LETTER MOTION addressed to Judge Laura Taylor Swain from Inga L. Parsons dated 1/16/2020 re: Substitution of Counsel . Document filed by Yasmil Fertides. (Parsons, Inga) Modified on 1/21/2020 (ka). (Entered: 01/17/2020)
1/17/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to George Citronelle. Notice is hereby given that an official transcript of a Sentence proceeding held on 12/18/19 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: 01/17/2020)
1/17/2020TRANSCRIPT of Proceedings as to George Citronelle re: Sentence held on 12/18/19 before Judge Laura Taylor Swain. 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 2/7/2020. Redacted Transcript Deadline set for 2/18/2020. Release of Transcript Restriction set for 4/16/2020. (McGuirk, Kelly) (Entered: 01/17/2020)
1/16/2020Minute Entry for proceedings held before Judge Laura Taylor Swain:Sentencing held on 1/16/2020 for Samantha Batista (7) Count 11. Defendant Samantha Batista (7) present with counsel, Glenn A. Garber. For the Govt Karen Portlock, AUSA present. Court Reporter Kristen Carannante present. Defendant is sentenced to 84 months of imprisonment as to Count Eleven (11) followed by 3 years of supervised release as to Count Eleven (11). The Court recommends to the BOP that the defendant be designated to the FCI Danbury facility, in Danbury, CT, in order to facilitate the maintenance of family ties, including with her young child.The Court recommends to the BOP that the defendant be afforded an opportunity to participate in the BOPs ResidentialDrug Abuse Treatment Program (RDAP). Defendant is to pay a special assessment of $100.00 to be paid in quarterly installments of $25.00 through the BOPs Inmate Financial Responsibility Program. Defendant must participate in an outpatient treatment program approved by the U.S. Probation Office, which program may include testing to determine whether the defendant has reverted to using drugs or alcohol. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of third-party payment. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance abuse treatment provider, as directed by the Probation Officer.Defendant must participate in an outpatient mental health program approved by the U.S. Probation Office. The defendant must continue to take any prescribed medications unless otherwise instructed by the health care provider. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of 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. Defendant must submit defendants person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to a search may be grounds for revocation of release. Defendant must warn any other occupants that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner. Defendant is to be supervised by the district of residence. Defendant continued remanded (jw) (Entered: 01/21/2020)
1/16/2020MEMO ENDORSEMENT as to Yasmil Fertides (1) on 190 CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from Inga L. Parsons dated 1/16/2020 re: Extension of Motion Schedule to February 7, 2020. ENDORSEMENT: The extension request is granted. DE #190 resolved. (Signed by Judge Laura Taylor Swain on 1/16/2020) (ap) (Entered: 01/16/2020)
1/16/2020CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from Inga L. Parsons dated 1/16/2020 re: Extension of Motion Schedule to February 7, 2020 . Document filed by Yasmil Fertides. (Parsons, Inga) (Entered: 01/16/2020)
1/14/2020Sentencing Letter by Samantha Batista addressed to Laura T. Swain from Glenn A. Garber dated 01/14/2020 re: Letter in support for sentencing. (Garber, Glenn) (Entered: 01/14/2020)
1/13/2020Sentencing Letter by Samantha Batista addressed to Laura T. Swain from Glenn A. Garber dated 01/13/2020 re: Letters in support for sentencing. (Garber, Glenn) (Entered: 01/13/2020)
1/13/2020 LETTER by USA as to Christian Pabon addressed to Judge Laura Taylor Swain from AUSA Maurene Comey dated January 13, 2020 re: Notice of Intent Not to Seek the Death Penalty Document filed by USA. (Comey, Maurene) (Entered: 01/13/2020)
1/9/2020Sentencing Letter by USA as to Samantha Batista addressed to Judge Laura Taylor Swain from AUSA Maurene Comey dated January 9, 2020 re: Samantha Batista sentencing. (Comey, Maurene) (Entered: 01/09/2020)
1/7/2020MEMO ENDORSED as to Samantha Batista re: 184 Letter Requesting the Court to accept the late filing of defense sentencing submission and maintain the sentencing date of January 16, 2020...ENDORSEMENT: The request are granted. De # 184 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/7/20)(jbo) (Entered: 01/07/2020)
1/7/2020 LETTER by Samantha Batista addressed to Judge Laura Taylor Swain from Glenn A. Garber dated 01/07/2020 re: Requesting the Court to accept the late filing of defense sentencing submission and mantain the sentencing date of January 16, 2020 (Garber, Glenn) (Entered: 01/07/2020)
1/7/2020SENTENCING SUBMISSION by Samantha Batista. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Garber, Glenn) (Entered: 01/07/2020)
12/20/2019181SEALED DOCUMENT placed in vault. (mhe) (Entered: 12/20/2019)
12/20/2019JUDGMENT IN A CRIMINAL CASE as to George Citronelle (5). THE DEFENDANT: pleaded guilty to count One (1). Counts and any underlying indictments are dismissed on the motion of the United States. IMPRISONMENT: 84 months as to Count One (1). Pursuant to Section 924(c)(1)(D)(ii) of Title 18 of the United States Code, this sentence shall not run concurrently with any other term of imprisonment. The court makes the following recommendations to the Bureau of Prisons: that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. The Court recommends that the defendant be afforded opportunities to participate in the BOP's Residential Drug Abuse Treatment Program (RDAP), to earn his GED, and to engage in vocational training in electrical engineering or plumbing. SUPERVISED RELEASE: 3 years of supervised release as to Count One (1). ASSESSMENT: $100.00. Special instructions regarding the payment of criminal monetary penalties: Defendant is to pay a special assessment of $100.00 to be paid in quarterly installments of $25.00 through the BO P's Inmate Financial Responsibility Program. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court. (Signed by Judge Laura Taylor Swain on 12/19/2019) (ap) (Entered: 12/20/2019)
12/20/2019DISMISSAL OF COUNTS on Government Motion as to George Citronelle (5) Count 1,6,7,8. (ap) (Entered: 12/20/2019)
12/19/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Bryan Castillo. Notice is hereby given that an official transcript of a Conference proceeding held on 11/26/19 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: 12/19/2019)
12/19/2019TRANSCRIPT of Proceedings as to Bryan Castillo re: Conference held on 11/26/19 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/9/2020. Redacted Transcript Deadline set for 1/21/2020. Release of Transcript Restriction set for 3/18/2020. (McGuirk, Kelly) (Entered: 12/19/2019)
12/18/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Sentencing held on 12/18/2019 for George Citronelle (5) Count 1s. Defendant George Citronelle (5) present with counsel, Natali J.H. Todd. For the Gov't Jamie E. Bagliebter, AUSA present. Defendant is sentenced to 84 months of imprisonment as to Count One (1). Pursuant to Section 924(c)(1)(D)(ii) of Title 18 of the United States Code, this sentence shall not run concurrently with any other term of imprisonment. Custodial term to be followed by 3 years of supervised release as to Count One (1). The Court recommends to the BOP that the defendant be designated to the nearest suitable facility in the New York City Metropolitan area in order to facilitate the maintenance of family ties. The Court recommends to the BOP that the defendant be afforded opportunities to participate in the BOP's Residential Drug Abuse Treatment Program (RDAP), to earn his GED, and to engage in vocational training in electrical engineering or plumbing. Defendant is to pay a special assessment of $100.00 to be paid in quarterly installments of $25.00 through the BOP's Inmate Financial Responsibility Program. Defendant must participate in an outpatient treatment program approved by the U.S. Probation Office, which program may include testing to determine whether the defendant has reverted to using drugs or alcohol. Defendant will be required to contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of third-party payment. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance abuse treatment provider, as directed by the Probation Officer. Defendant must submit defendant's person, residence, place of business, vehicle, and any property, computers, electronic communications, data storage devices and/or other media under defendant's control to a search on the basis that the Probation Officer has a reasonable suspicion 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. Defendant must inform any other residents that the premises may be subject to search pursuant to this condition. Defendant is to be supervised by the district of residence. Defendant continued remanded. (Court Reporter Khris Sellin) (ap) (Entered: 12/20/2019)
12/16/2019ORDER as to Milton Chardon. The Court received the attached letter from Mr. Chardon's fiance, Desire Galan, on December 13, 2019. The names of Ms. Galan's minor children have been redacted pursuant to Federal Rule of Criminal Procedure 49.1. The original, unredacted letter will be filed under seal with the Clerk of Court. (Signed by Judge Laura Taylor Swain on 12/16/2019) (Copies Mailed by Chambers) (ap) (Entered: 12/16/2019)
12/13/2019Sentencing Letter by USA as to George Citronelle addressed to Judge Laura Taylor Swain from AUSA Maurene Comey dated December 13, 2019 re: George Citronelle Sentencing. (Comey, Maurene) (Entered: 12/13/2019)
11/27/2019SENTENCING SUBMISSION by George Citronelle. (Attachments: # 1 Exhibit Support Letter - Monica Aguilar)(Todd, Natali) (Entered: 11/27/2019)
11/27/2019ORDER as to Bryan Castillo: On consent of Bryan Castillo, it is hereby ORDERED that he participate and successfully complete 28 days of rehabilitation services at either Cornerstone of Medical Arts located at 159-05 Union Turnpike, Fresh Meadows, New York 11366, or Cornerstone of Rhinebeck located at 500 Milan Hollow Road Rhinebeck, New York 12574, beginning on November 26, 2019. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/26/2019) (lnl) (Entered: 11/27/2019)
11/26/2019Minute Entry for proceedings held before Judge Laura Taylor Swain:Bond Hearing on disposition sheet as to Bryan Castillo held on 11/26/2019. Deft present with atty Lorraine Gulai-Rufo. AUSA Karin Portlock present. Current conditions modified as follows. Defendant to enter detox program today (pick up at residence by 3pm) and to participate in residential program of detox, followed by rehab, followed by further inpatient treatment of at least three months, to include medically assisted therapy. Electronic monitoring device to be removed for period of inpatient treatment. (jw) (Entered: 12/05/2019)
11/26/2019Set/Reset Hearings as to Bryan Castillo: Sentencing set for 3/19/2020 at 02:30 PM before Judge Laura Taylor Swain. (jbo) (Entered: 12/02/2019)
11/26/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Bond Hearing as to Bryan Castillo held on 11/26/2019. Defendant Bryan Castillo (4) present with counsel, Lorraine Gauli-Rufo, For the Gov't Karen Portlock, AUSA, PTSO Marlon Ovalles and PTSO Carlos Ramirez present. Court Reporter Alena Lynch present. BAIL MODIFICATION HEARING held. BAIL MODIFIED: Current conditions modified as follows. Defendant to enter detox program today (pick up at residence by 3pm) and to participate in residential program of detox, followed by rehab, followed by further inpatient treatment of at least three months, to include medically assisted therapy. Electronic monitoring device to be removed for period of inpatient treatment. Sentencing is rescheduled to 3/19/2020 at 2:30pm. Defendant Bryan Castillo (4) bail conditions continued. (jbo) (Entered: 12/02/2019)
11/19/2019ORDER as to Bryan Castillo: My Chambers will inform all parties concerned that I will conduct a Bail Review Hearing in Courtroom #17C on Nov. 26, 2019 at 11:00 AM. (Bail Review Hearing set for 11/26/2019 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 11/19/2019) (ap) (Entered: 11/19/2019)
11/18/2019168SEALED DOCUMENT placed in vault. (mhe) (Entered: 11/18/2019)
11/12/2019ORAL ORDER as to Yasmil Fertides (1), Milton Chardon (2), Christian Pabon (3), Jeremy Esteves (6), Noel Martinez (8), Domingo Tolentino (9), Juan Calderon (10). Time excluded from 11/12/2019 until 1/23/2020. Motions (by non-capital defendants) due by 1/17/2020. Pretrial Conference set for 1/23/2020 at 12:00 PM before Judge Laura Taylor Swain. (bw) (Entered: 11/18/2019)
11/12/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Pretrial Conference as to Yasmil Fertides, Milton Chardon, Christian Pabon, Jeremy Esteves, Noel Martinez, Domingo Tolentino, Juan Calderon held on 11/12/2019. Defendant Yasmil Ferrtides (1) present with counsel, Inga Parsons. Defendant Milton Chardon (2) present with counsel, Jeremy Schneider for Deveraux L. Cannick. Defendant Christian Pabon (3) present but counsel, Jeremy Schneider present. Defendant Jeremy Esteves (6) present with counsel, Jeremy Schneider for Louis M. Freeman. Defendant Noel Martinez (8) present with counsel, Jeremy Schneider for Ezra Spilke. Defendant Domingo Tolentino (9) present with counsel, Marc S. DeMarco. Defendant Juan Calderon (10) present with counsel, James E. Neuman. For the Gov't Jamie Bagliebter, AUSA present. Spanish Interpreter Erika de los Rios present. Court Reporter Kelly Surina present. PTC held. Motions by non-capital defendants due by 1/17/2020. Next PTC is scheduled for 1/23/2020 at 12:00pm. Speedy Trial Time is excluded from 11/12/2019 through 1/23/2020. Defendants Yasmil Fertides (1), Milton Chardon (2), Christian Pabon (3), Jeremy Esteves (6), Noel Martinez (8), Domingo Tolentino (9), and Juan Calderon (10) continued remanded. (bw) (Entered: 11/18/2019)
11/12/2019MEMO ENDORSEMENT as to Milton Chardon (2) granting 164 LETTER MOTION addressed to Judge Laura Taylor Swain from Deveraux L. Cannick dated 11/11/2019 re: Stand-in Counsel. ENDORSEMENT: The request is granted. DE# 164 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/12/2019) (lnl) (Entered: 11/12/2019)
11/12/2019NOTICE OF ATTORNEY APPEARANCE Jamie Ellen Bagliebter appearing for USA. (Bagliebter, Jamie) (Entered: 11/12/2019)
11/11/2019 LETTER MOTION addressed to Judge Laura Taylor Swain from Deveraux L. Cannick dated 11/11/2019 re: Stand-in Counsel . Document filed by Milton Chardon. (Cannick, Deveraux) (Entered: 11/11/2019)
11/8/2019MEMO ENDORSEMENT as to Noel Martinez (8) granting 163 LETTER MOTION addressed to Judge Laura Taylor Swain from Ezra Spilke dated November 7, 2019 re: permission for counsel to appear on my behalf. ENDORSEMENT: The request is granted. DE #163 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/8/2019) (lnl) (Entered: 11/12/2019)
11/7/2019 LETTER MOTION addressed to Judge Laura Taylor Swain from Ezra Spilke dated November 7, 2019 re: permission for counsel to appear on my behalf . Document filed by Noel Martinez. (Spilke, Ezra) (Entered: 11/07/2019)
11/7/2019MEMO ENDORSEMENT as to Yasmil Fertides (1), Milton Chardon (2), Christian Pabon (3), Bryan Castillo (4), George Citronelle (5), Jeremy Esteves (6), Samantha Batista (7), Noel Martinez (8), Domingo Tolentino (9), Juan Calderon (10) granting 161 LETTER MOTION addressed to Judge Laura Taylor Swain from Mark S. DeMarco dated November 7, 2019 re: Permission for Jeremy Schneider to appear on my behalf at the conference scheduled for Nov. 12, 2019. ENDORSEMENT: The request is granted. (Signed by Judge Laura Taylor Swain on 11/7/2019) (ap) (Entered: 11/07/2019)
11/7/2019 LETTER MOTION addressed to Judge Laura Taylor Swain from Mark S. DeMarco dated November 7, 2019 re: Permission for Jeremy Schneider to appear on my behalf at the conference scheduled for Nov. 12, 2019 . Document filed by Domingo Tolentino as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (DeMarco, Mark) (Entered: 11/07/2019)
10/4/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Domingo Tolentino. Notice is hereby given that an official transcript of a Conference proceeding held on 9/5/19 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: 10/04/2019)
10/4/2019TRANSCRIPT of Proceedings as to Domingo Tolentino re: Conference held on 9/5/19 before Judge Laura Taylor Swain. 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 10/25/2019. Redacted Transcript Deadline set for 11/4/2019. Release of Transcript Restriction set for 1/2/2020. (McGuirk, Kelly) (Entered: 10/04/2019)
10/1/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samantha Batista. Notice is hereby given that an official transcript of a Plea proceeding held on 9/5/19 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: 10/01/2019)
10/1/2019TRANSCRIPT of Proceedings as to Samantha Batista re: Plea held on 9/5/19 before Judge Laura Taylor Swain. 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 10/22/2019. Redacted Transcript Deadline set for 11/1/2019. Release of Transcript Restriction set for 12/30/2019. (McGuirk, Kelly) (Entered: 10/01/2019)
9/27/2019156SEALED DOCUMENT placed in vault. (rz) (Entered: 09/27/2019)
9/17/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Pretrial Conference as to Yasmil Fertides, Milton Chardon, Christian Pabon, Jeremy Esteves, Noel Martinez, Domingo Tolentino, Juan Calderon held on 9/17/2019. Defendant Yasmil Ferrtides (1) present with counsel, Inga Parsons (by telephone). Defendant Milton Chardon (2) present with counsel, Marc S. DeMarco for Deveraux L. Cannick. Defendant Christian Pabon (3) present but counsel, Jeremy Schneider present. Defendant Jeremy Esteves (6) present with counsel, Louis M. Freeman. Defendant Noel Martinez (8) present with counsel, Ezra Spilke. Defendant Domingo Tolentino (9) present with counsel, Marc S. DeMarco. Defendant Juan Calderon (10) present with counsel, James E. Neuman. For the Gov't Karen Portlock, AUSA and Jamie Bagliebter, AUSA present. Spanish Interpreter Humberto Garcia present. Court Reporter Michael McDaniel present. PTC held. Next PTC is scheduled for 11/12/2019 at 12:00pm. Speedy Trial Time is excluded from 9/17/2019 through 11/12/2019. Defendants Yasmil Fertides (1), Milton Chardon (2), Christian Pabon (3), Jeremy Esteves (6), Noel Martinez (8), Domingo Tolentino (9), and Juan Calderon (10) continued remanded. (jbo) (Entered: 09/23/2019)
9/17/2019155SEALED DOCUMENT placed in vault. (rz) (Entered: 09/17/2019)
9/17/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to George Citronelle. Notice is hereby given that an official transcript of a Plea proceeding held on 9/6/19 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: 09/17/2019)
9/17/2019TRANSCRIPT of Proceedings as to George Citronelle re: Plea held on 9/6/19 before Magistrate Judge Sarah Netburn. 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 10/8/2019. Redacted Transcript Deadline set for 10/18/2019. Release of Transcript Restriction set for 12/16/2019. (McGuirk, Kelly) (Entered: 09/17/2019)
9/17/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Bryan Castillo. Notice is hereby given that an official transcript of a Plea proceeding held on 9/6/19 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: 09/17/2019)
9/17/2019TRANSCRIPT of Proceedings as to Bryan Castillo re: Plea held on 9/6/19 before Magistrate Judge Sarah Netburn. 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 10/8/2019. Redacted Transcript Deadline set for 10/18/2019. Release of Transcript Restriction set for 12/16/2019. (McGuirk, Kelly) (Entered: 09/17/2019)
9/16/2019ORDER as to Bryan Castillo: The indictment in this matter includes one or more forfeiture allegations. Pursuant to Rule 32.2(b) of the Federal Rules of Criminal Procedure, after a finding of guilt, the Court must determine whether property is subject to forfeiture under the applicable statute and enter a preliminary order of forfeiture if necessary. Accordingly, the Government is hereby directed to determine what property it will seek to have forfeited and confer promptly with defense counsel to ascertain whether the defense opposes the forfeiture sought. The Government must thereafter provide, no later than two weeks before the scheduled sentencing date, via facsimile to Chambers with a copy served on defense counsel, a proposed preliminary order of forfeiture. If the preliminary order is not on consent, the Government's submission must be accompanied by a description of the evidentiary basis for its forfeiture position and a statement as to whether the parties believe that an evidentiary hearing is warranted pursuant to Rule 32.2(b)(l). Defense counsel will have one week following his or her receipt of the Government's letter to respond. (Signed by Judge Laura Taylor Swain on 9/16/2019) (ap) (Entered: 09/16/2019)
9/16/2019ORDER as to George Citronelle: IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. IT IS FURTHER ORDERED that sentencing for this defendant shall take place Wednesday, December 18th, at 11:00 AM. (Sentencing set for 12/18/2019 at 11:00 AM before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 9/16/2019) (ap) (Entered: 09/16/2019)
9/16/2019ORDER as to Bryan Castillo: IT IS ORDERED that the defendant's guilty plea is accepted. IT IS FURTHER ORDERED that sentencing for this defendant shall take place on Monday, December 16th at 2:30 PM. (Sentencing set for 12/16/2019 at 02:30 PM before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 9/16/2019) (ap) (Entered: 09/16/2019)
9/16/2019ORDER as to George Citronelle: The indictment in this matter includes one or more forfeiture allegations. Pursuant to Rule 32.2(b) of the Federal Rules of Criminal Procedure, after a finding of guilt, the Court must determine whether property is subject to forfeiture under the applicable statute and enter a preliminary order of forfeiture if necessary. Accordingly, the Government is hereby directed to determine what property it will seek to have forfeited and confer promptly with defense counsel to ascertain whether the defense opposes the forfeiture sought. The Government must thereafter provide, no later than two weeks before the scheduled sentencing date, via facsimile to Chambers with a copy served on defense counsel, a proposed preliminary order of forfeiture. If the preliminary order is not on consent, the Government's submission must be accompanied by a description of the evidentiary basis for its forfeiture position and a statement as to whether the parties believe that an evidentiary hearing is warranted pursuant to Rule 32.2(b)(1). Defense counsel will have one week following his or her receipt of the Government's letter to respond. (Signed by Judge Laura Taylor Swain on 9/16/2019) (ap) (Entered: 09/16/2019)
9/16/2019MEMO ENDORSEMENT as to Milton Chardon (2) granting 145 LETTER MOTION addressed to Judge Laura Taylor Swain from Deveraux L. Cannick dated 09/15/2019 re: Amended Stand-in Counsel. ENDORSEMENT: The substitution for purposes of the conference is approved. DE# 144, 145 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/16/2019) (lnl) (Entered: 09/16/2019)
9/15/2019 LETTER MOTION addressed to Judge Laura Taylor Swain from Deveraux L. Cannick dated 09/15/2019 re: Amended Stand-in Counsel . Document filed by Milton Chardon. (Cannick, Deveraux) (Entered: 09/15/2019)
9/14/2019 LETTER MOTION addressed to Judge Laura Taylor Swain from Deveraux L. Cannick dated 09/14/2019 re: Stand-in Counsel . Document filed by Milton Chardon. (Cannick, Deveraux) Modified on 9/16/2019 (lnl). (Entered: 09/14/2019)
9/11/2019Oral Order of Referral to Probation for Presentence Investigation and Report as to Samantha Batista. (Signed by Judge Laura Taylor Swain on 9/5/2019) (lnl) (Entered: 09/11/2019)
9/10/2019 LETTER by USA as to Bryan Castillo addressed to Judge Laura Taylor Swain from AUSA Maurene Comey dated September 10, 2019 re: Acceptance of Bryan Castillo's Guilty Plea Document filed by USA. (Comey, Maurene) (Entered: 09/10/2019)
9/10/2019 LETTER by USA as to George Citronelle addressed to Judge Laura Taylor Swain from AUSA Maurene Comey dated September 10, 2019 re: Acceptance of George Citronelle's Guilty Plea Document filed by USA. (Comey, Maurene) (Entered: 09/10/2019)
9/6/2019Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Plea entered by George Citronelle (5) Guilty as to Count 1s. (lnl) (Entered: 09/10/2019)
9/6/2019Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Arraignment as to George Citronelle (5) Count 1s held on 9/6/2019. Defendant present with Natali Todd. A.U.S.A. Maurene Comey present for the government. Court Reporter present. Defendant enters a guilty plea as to Count One of the Superseding Information. Magistrate Judge Sarah Netburn recommends Judge Swain accept the plea. Control date set for December 6, 2019. (lnl) (Entered: 09/10/2019)
9/6/2019CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Bryan Castillo. (jbo) (Entered: 09/09/2019)
9/6/2019CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by George Citronelle. (jbo) (Entered: 09/09/2019)
9/6/2019(S3) SUPERSEDING INFORMATION (Felony) filed as to George Citronelle (5) count(s) 1s. (jbo) (Entered: 09/09/2019)
9/6/2019WAIVER OF INDICTMENT by George Citronelle. (jbo) (Entered: 09/09/2019)
9/6/2019Change of Not Guilty Plea to Guilty Plea as to Bryan Castillo (4) Count 1. (jbo) (Entered: 09/09/2019)
9/6/2019Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Plea entered by Bryan Castillo (4) Guilty as to Count 1. (jbo) (Entered: 09/09/2019)
9/6/2019Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Change of Plea Hearing as to Bryan Castillo held on 9/6/2019. Defendant present with Lorraine Gauli-Rufo. A.U.S.A. Maurene Comey present for the government. Court Reporter present. Defendant enters a guilty plea as to Count One of the Superseding Indictment. Magistrate Judge Sarah Netburn recommends Judge Swain accept the plea. Control date set for December 6, 2019. Bail continued. (jbo) (Entered: 09/09/2019)
9/6/2019ORDER as to Domingo Tolentino: Bryan M. Konoski, Esq., is relieved as CJA counsel for the defendant. Marc S. DeMarco, Esq., is now appointed as CJA counsel for the defendant in the above-captioned matter. Attorney Bryan Matthew Konoski terminated in case as to Domingo Tolentino. (Signed by Judge Laura Taylor Swain on 9/5/2019) (ap) (Entered: 09/06/2019)
9/5/2019Set/Reset Hearings as to Samantha Batista: Sentencing set for 1/16/2020 at 11:00 AM before Judge Laura Taylor Swain. (lnl) (Entered: 09/11/2019)
9/5/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Plea entered by Samantha Batista (7) Guilty as to Count 11. (lnl) (Entered: 09/11/2019)
9/5/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Change of Plea Hearing as to Samantha Batista held on 9/5/2019. Defendant Samantha Batist (7) present with counsel, Glenn A. Garber, For the Gov't Karen Portlock, AUSA and Jamie Bagliebter, AUSA present. Court Reporter Vincent Bologna present. Defendant sworn. Defendant withdrew not guilty plea, waived reading of the S1 Indictment and entered a plea of guilty as to Count Eleven (11) of the S1 Indictment. PSI ordered. Sentencing is scheduled for 1/16/2020 at 11:00am. Defendant Samantha Batista (7) continued remanded. (lnl) (Entered: 09/11/2019)
9/5/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Attorney Appointment Hearing as to Domingo Tolentino held on 9/5/2019. Defendant Domingo Tolentino (9) present with counsel, Bryan M. Konoski and CJA on duty Marc S. DeMarco. For the Gov't Karen Portlock, AUSA and Jamie Bagliebter, AUSA present. Court Reporter Vincent Bologna present. CHANGE OF COUNSEL HEARING held. The Court grants the defendant's application. CJA Counsel Bryan M. Konoski for the defendant is relieved and Marc S. DeMarco is appointed as CJA counsel. (Order to follow.) Defendant continued remanded. (jbo) (Entered: 09/11/2019)
8/22/2019 LETTER MOTION addressed to Judge Laura Taylor Swain from Deveraux L. Cannick dated 08/22/2019 re: Services . Document filed by Milton Chardon. (Cannick, Deveraux) (Entered: 08/22/2019)
8/14/2019Set/Reset Hearings as to Domingo Tolentino: Status Conference set for 9/5/2019 at 10:30 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (ap) (Entered: 08/14/2019)
8/14/2019ORDER as to Domingo Tolentino (9)on 134 LETTER MOTION addressed to Judge Laura Taylor Swain from Bryan Konoski dated August 13, 2019 re: Client requested change of counsel. The Court has received a letter, dated August 13, 2019, from Mr. Tolentino's counsel indicating that Mr. Tolentino wishes to request assignment of new counsel. The Court will hold a hearing on the application on September 5, 2019, at 10:30 a.m. in Courtroom 17C. The on-duty CJA counsel is directed to attend. Docket Entry No. 134 is resolved. (Signed by Judge Laura Taylor Swain on 8/14/2019) (ap) (Entered: 08/14/2019)
8/13/2019 LETTER MOTION addressed to Judge Laura Taylor Swain from Bryan Konoski dated August 13, 2019 re: Client requested change of counsel. . Document filed by Domingo Tolentino. (Konoski, Bryan) (Entered: 08/13/2019)
8/12/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Noel Martinez. Notice is hereby given that an official transcript of a Conference proceeding held on 7/9/19 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: 08/12/2019)
8/12/2019TRANSCRIPT of Proceedings as to Noel Martinez re: Conference held on 7/9/19 before Judge Laura Taylor Swain. 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 9/3/2019. Redacted Transcript Deadline set for 9/12/2019. Release of Transcript Restriction set for 11/12/2019. (McGuirk, Kelly) (Entered: 08/12/2019)
7/16/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Noel Martinez. Notice is hereby given that an official transcript of a Conference proceeding held on 6/18/19 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: 07/16/2019)
7/16/2019TRANSCRIPT of Proceedings as to Noel Martinez re: Conference held on 6/18/19 before Judge Laura Taylor Swain. 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 8/6/2019. Redacted Transcript Deadline set for 8/16/2019. Release of Transcript Restriction set for 10/15/2019. (McGuirk, Kelly) (Entered: 07/16/2019)
7/16/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yasmil Fertides. Notice is hereby given that an official transcript of a Conference proceeding held on 6/18/19 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: 07/16/2019)
7/16/2019TRANSCRIPT of Proceedings as to Yasmil Fertides re: Conference held on 6/18/19 before Judge Laura Taylor Swain. 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 8/6/2019. Redacted Transcript Deadline set for 8/16/2019. Release of Transcript Restriction set for 10/15/2019. (McGuirk, Kelly) (Entered: 07/16/2019)
7/16/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jeremy Esteves. Notice is hereby given that an official transcript of a Conference proceeding held on 6/18/19 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: 07/16/2019)
7/16/2019TRANSCRIPT of Proceedings as to Jeremy Esteves re: Conference held on 6/18/19 before Judge Laura Taylor Swain. 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 8/6/2019. Redacted Transcript Deadline set for 8/16/2019. Release of Transcript Restriction set for 10/15/2019. (McGuirk, Kelly) (Entered: 07/16/2019)
7/9/2019ORDER as to Noel Martinez: Lawrence A. Dubin, Esq., is relieved as CJA counsel for the defendant. Ezra Spilke, Esq., is now appointed as CJA counsel for the defendant in the above-captioned matter. (Signed by Judge Laura Taylor Swain on 7/9/2019)(ap) (Entered: 07/10/2019)
7/9/2019Attorney update in case as to Noel Martinez. Attorney Ezra Spilke for Noel Martinez added. Attorney Lawrence A. Dubin terminated. (jbo) (Entered: 07/09/2019)
7/9/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Attorney Appointment Hearing as to Noel Martinez held on 7/9/2019. Defendant Noel Martinez (8) present with counsel, Lawrence A. Dubin and CJA on duty, Ezra Spilke. For the Gov't Karen Portlock, AUSA present. Court Reporter Pamela Utter present. CHANGE OF COUNSEL HEARING held. The Court grants the defendant's application. CJA Counsel Lawrence A. Dubin for the defendant is relieved and Ezra Spilke is appointed as CJA counsel. (Order to follow.) Defendant continued remanded. (jbo) (Entered: 07/09/2019)
6/26/2019124SEALED DOCUMENT placed in vault. (mhe) (Entered: 06/26/2019)
6/18/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Pretrial Conference as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon held on 6/18/2019. Defendant Yasmil Ferrtides (1) present with counsel, Inga Parsons (by telephone). Defendant Milton Chardon (2) present with counsel, Deveraux L. Cannick. Defendant Christian Pabon (3) present but counsel, Jeremy Schneider present. Defendant Bryan Castillo (4) present with counsel, Lorraine Gauli-Rufo. Defendant George Citronelle (5) present with counsel, Natali J.H. Todd. Defendant Jeremy Esteves (6) present with counsel, Louis M. Freeman. Defendant Samantha Batist (7) present with counsel, Glenn A. Garber. Defendant Noel Martinez (8) present with counsel, Lawrence A. Dubin. Defendant Domingo Tolentino (9) present with counsel, Bryan M. Konoski. Defendant Juan Calderon (10) present with counsel, James E. Neuman. For the Govt Karen Portlock, AUSA present. Coordinating Discovery Attorney Emma M. Greenwood present. Spanish Interpreter Erika de los Rios present. PTC held. Next PTC is scheduled for 9/17/2019 at 12:00pm. Speedy Trial Time is excluded from 6/18/2019 through 9/17/2019. Defendants Yasmil Fertides (1), Milton Chardon (2), Christian Pabon (3), George Citronelle (5), Jeremy Esteves (6), Samantha Batista (7), Noel Martinez (8), Domingo Tolentino (9), and Juan Calderon (10) continued remanded. Defendant Bryan Castillo's (4) bail conditions continued. (Pretrial Conference set for 9/17/2019 at 12:00 PM before Judge Laura Taylor Swain) (Court Reporter Jennifer Thun) (ap) Modified on 6/25/2019 (lan). (Entered: 06/24/2019)
6/18/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Bail Hearing as to Jeremy Esteves held on 6/18/2019. Defendant Jeremy Esteves (6) present with counsel, Louis M. Freeman, For the Gov't Karen Ortlock, AUSA and PTSO Andrew Cleary present. Court Reporter Kristen Carannante present. The Court denies the bail application and ordered continuation of the detention order. Defendant Jeremy Esteves (6) continued remanded. (lnl) (Entered: 06/20/2019)
6/18/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: CHANGE OF COUNSEL HEARING held. as to Noel Martinez held on 6/18/2019. Defendant Noel Martinez (8) present with counsel, Lawrence A. Dubin and CJA on duty, Anthony Cecutti. For the Gov't Karen Portlock, AUSA present. Court Reporter Jennifer Thun present. For the reasons stated on the record, the conference is adjourned to 7/9/2019 at 3pm. Defendant continued remanded. (Pretrial Conference set for 7/9/2019 at 03:00 PM before Judge Laura Taylor Swain) (lnl) (Entered: 06/20/2019)
6/17/2019123SEALED DOCUMENT placed in vault. (mhe) (Entered: 06/17/2019)
6/4/2019ORDER as to Noel Martinez: The Court has received a letter, dated May 29, 2019, from Mr. Martinez requesting assignment of new counsel. The Court will forward a copy of the letter to Mr. Dubin and file the original under seal, as the letter includes information regarding attorney client communications. Mr. Dubin is directed to meet with Mr. Martinez promptly to discuss the issues raised in the letter. The Court will hold a hearing on the application on June 18, 2019, at 12:45 p.m. in Courtroom 17C. (Motion Hearing set for 6/18/2019 at 12:45 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 6/4/2019) (ap) (Entered: 06/04/2019)
5/22/2019Minute Entry for proceedings held before Judge Laura Taylor Swain:CHANGE OF COUNSEL HEARING held as to Juan Calderon held on 5/22/2019. Defendant Juan Calderon (10) present with counsel, James E. Newman and CJA on duty, Michael Sporn. For the Govt Maurene R. Comey, AUSA present. Spanish Interpreter Francisco Olivero present. Court Reporter Rebecca Forman present. The Court denies the defendants application for a change of counsel. Defendant continued remanded (jw) (Entered: 05/23/2019)
5/13/2019Set/Reset Deadlines re Motion or Report and Recommendation in case as to Juan Calderon. (Motion Hearing set for 5/22/2019 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain) (ap) (Entered: 05/13/2019)
5/13/2019ORDER as to Juan Calderon (10) granting 120 LETTER MOTION addressed to Judge Laura Taylor Swain from James E. Neuman dated 5/10/2019 re: conference to discuss change of counsel. The Court has received a letter, dated May 10, 2019, from Mr. Calderon's counsel indicating that Mr. Calderon wishes to request assignment of new counsel. The Court will hold a hearing on the application on May 22, 2019, at 11:00 a.m. in Courtroom 17C. The on-duty CJA counsel is directed to attend. Docket Entry No. 120 is resolved. (Signed by Judge Laura Taylor Swain on 5/13/2019) (ap) (Entered: 05/13/2019)
5/10/2019 LETTER MOTION addressed to Judge Laura Taylor Swain from James E. Neuman dated 5/10/2019 re: conference to discuss change of counsel . Document filed by Juan Calderon. (Neuman, James) (Entered: 05/10/2019)
5/9/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samantha Batista. Notice is hereby given that an official transcript of a Conference proceeding held on 4/9/19 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: 05/09/2019)
5/9/2019TRANSCRIPT of Proceedings as to Samantha Batista re: Conference held on 4/9/19 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/30/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/7/2019. (McGuirk, Kelly) (Entered: 05/09/2019)
5/9/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. Notice is hereby given that an official transcript of a Conference proceeding held on 4/9/19 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: 05/09/2019)
5/9/2019TRANSCRIPT of Proceedings as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon re: Conference held on 4/9/19 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/30/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/7/2019. (McGuirk, Kelly) (Entered: 05/09/2019)
4/30/2019115SEALED DOCUMENT placed in vault. (mhe) (Entered: 05/01/2019)
4/30/2019114SEALED DOCUMENT placed in vault. (mhe) (Entered: 05/01/2019)
4/29/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Attorney Appointment Hearing as to Milton Chardon held on 4/29/2019. Defendant Milton Chardon (2) present with counsel, David M. Rody and CJA on duty, Deveraux L. Cannick. For the Gov't Karen Portlock, AUSA present. Court Reporter Steven Greenblum present. CHANGE OF COUNSEL HEARING held. The Court grants the defendant's application. CJA Counsel David M. Rody for the defendant is relieved and Deveraux L. Cannick is appointed as CJA counsel. (Order to follow.) Defendant continued remanded. (jbo) (Entered: 04/30/2019)
4/29/2019ORDER as to Milton Chardon: David M. Rody, Esq. and Giulia Scelzo, Esq., are relieved as CJA counsel for the defendant. Deveraux L. Cannick, Esq., is now appointed as CJA counsel for the defendant in the above-captioned matter. SO ORDERED. (Added attorney Deveraux L Cannick for Milton Chardon. Attorney David Matthew Rody and Giulia Scelzo terminated in case as to Milton Chardon.) (Signed by Judge Laura Taylor Swain on 4/29/2019) (lnl) (Entered: 04/30/2019)
4/19/2019SEALING ORDER as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon: This Order addresses David M. Rody's request to file under seal a letter in response to this Court's April 17, 2019 Order with respect to Defendant Milton Chardon's April 9, 2019 letter (Dkt. No. 111). The proposed sealed letter includes information regarding confidential attorney-client communications. THEREFORE, David M. Rody's request to file under seal a letter in response to this Court's April 17, 2018 Order is GRANTED. His request to be excused from meeting with Mr. Chardon in advance of the April 29, 2019, conference is also granted. (Signed by Judge Laura Taylor Swain on 4/18/2019) (ap) (Entered: 04/19/2019)
4/17/2019ORDER as to (S1-18-Cr-319-2) Milton Chardon. The Court has received a letter, dated April 9, 2019, from Mr. Chardon requesting assignment of new counsel. The Court will forward a copy of the letter to Mr. Rody and file the original under seal, as the letter includes information regarding attorney client communications. Mr. Rody is directed to meet with Mr. Chardon promptly to discuss the issues raised in the letter. The Court will hold a hearing on the application on April 29, 2019, at 11:15 a.m. in Courtroom 17C. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/17/2019)(bw) (Entered: 04/17/2019)
4/16/2019MEMO ENDORSEMENT as to Bryan Castillo (4) granting 109 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 4/14/2019 re: Modification of Bail. ENDORSEMENT: The requested modification is granted as set forth above. (Signed by Judge Laura Taylor Swain on 4/15/2019) (ap) (Entered: 04/16/2019)
4/14/2019 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 4/14/2019 re: Modifiction of Bail . Document filed by Bryan Castillo. (Gauli-Rufo, Lorraine) (Entered: 04/14/2019)
4/9/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Bail Hearing as to Samantha Batista held on 4/9/2019. Defendant Samantha Batist (7) present with counsel, Glenn A. Garber, For the Gov't Maurene R. Comey, AUSA and Hagan Scotten, AUSA present. Court Reporter Martha Martin present. BAIL HEARING held. The Court denies the bail application and ordered continuation of the detention order. Defendant Samantha Batista (7) continued remanded. (lnl) (Entered: 04/16/2019)
4/9/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Pretrial Conference as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon held on 4/9/2019. Defendant Yasmil Ferrtides (1) present with counsel, Inga Parsons. Defendant Milton Chardon (2) present with counsel, David M. Rody and Guilia Scelzo. Defendant Christian Pabon (3) not present but counsel, Jeremy Schneider and Carla M. Sanderson present. Defendant Bryan Castillo (4) present with counsel, James E. Neuman for Lorraine Gauli-Rufo. Defendant George Citronelle (5) present with counsel, Natali J.H. Todd. Defendant Jeremy Esteves (6) present with counsel, Louis M. Freeman. Defendant Samantha Batist (7) present with counsel, Glenn A. Garber. Defendant Noel Martinez (8) present with counsel, Lawrence A. Dubin. Defendant Domingo Tolentino (9) present with counsel, Bryan M. Konoski. Defendant Juan Calderon (10) present with counsel, James E. Neuman. For the Govt Maurene R. Comey, AUSA and Hagan Scotten, AUSA present. Coordinating Discovery Attorney Emma M. Greenwood present. Court Reporter Martha Martin present. PTC held. Next PTC is scheduled for 6/18/2019 at 2:30pm. Speedy Trial Time is excluded from 4/9/2019 through 6/18/2019. Defendants Yasmil Fertides (1), Milton Chardon (2), Christian Pabon (3), George Citronelle (5), Jeremy Esteves (6), Samantha Batista (7), Noel Martinez (8), Domingo Tolentino (9), and Juan Calderon (10) continued remanded.Defendant Bryan Castillo's (4) bail conditions continued. (Pretrial Conference set for 6/18/2019 at 02:30 PM before Judge Laura Taylor Swain) (lnl) (Entered: 04/16/2019)
4/8/2019 LETTER by USA as to Samantha Batista addressed to Judge Laura Taylor Swain from AUSA Hagan Scotten dated April 8, 2019 re: Batista Bail Application Document filed by USA. (Scotten, Hagan) (Entered: 04/08/2019)
4/5/2019 PROTECTIVE ORDER as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Laura Taylor Swain on 4/5/2019) (ap) (Entered: 04/05/2019)
4/5/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samantha Batista. Notice is hereby given that an official transcript of a Conference proceeding held on 9/28/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. (ft) (Entered: 04/05/2019)
4/5/2019TRANSCRIPT of Proceedings as to Samantha Batista re: Initial Presentment held on 9/28/2018 before Magistrate Judge Stewart D. Aaron. 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 4/26/2019. Redacted Transcript Deadline set for 5/6/2019. Release of Transcript Restriction set for 7/5/2019. (ft) (Entered: 04/05/2019)
4/4/2019 LETTER MOTION addressed to Judge Laura Taylor Swain from AUSA Hagan Scotten dated April 4, 2019 re: Entry of ESI Protective Order . Document filed by USA as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (Attachments: # 1 Text of Proposed Order ESI Protective Order)(Scotten, Hagan) (Entered: 04/04/2019)
3/29/2019103SEALED DOCUMENT placed in vault. (rz) (Entered: 03/29/2019)
3/19/2019 LETTER MOTION addressed to Judge Laura Taylor Swain from Lawrence Dubin, Esq. dated 3/18/2019 re: Noel Martinez to Appoint Expert. Document filed by Noel Martinez. (Dubin, Lawrence) (Entered: 03/19/2019)
3/13/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yasmil Fertides. Notice is hereby given that an official transcript of a Conference proceeding held on 2/7/19 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: 03/13/2019)
3/13/2019TRANSCRIPT of Proceedings as to Yasmil Fertides re: Conference held on 2/7/19 before Judge Laura Taylor Swain. 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 4/3/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/11/2019. (McGuirk, Kelly) (Entered: 03/13/2019)
2/25/2019MEMO ENDORSEMENT as to Bryan Castillo (4) granting 98 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 2/21/2019 re: Modification of Bail. ENDORSEMENT: The request is granted. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/25/2019) (lnl) (Entered: 02/25/2019)
2/21/2019 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 2/21/2019 re: Modification of Bail . Document filed by Bryan Castillo. (Gauli-Rufo, Lorraine) (Entered: 02/21/2019)
2/8/2019MEMO ENDORSEMENT as to Bryan Castillo (4) granting 96 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 2/8/2019 re: Bail Modification. ENDORSEMENT: The requested modification is granted. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/8/2019) (lnl) (Entered: 02/08/2019)
2/8/2019 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 2/8/2019 re: Bail Modification . Document filed by Bryan Castillo. (Gauli-Rufo, Lorraine) (Entered: 02/08/2019)
2/7/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Pretrial Conference as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon held on 2/7/2019. Defendant Yasmil Ferrtides (1) present with counsel, Inga Parsons. Defendant Milton Chardon (2) present with counsel, David M. Rody and Guilia Scelzo. Defendant Christian Pabon (3) not present but counsel, Elizabeth E. Macedino present. Defendant Bryan Castillo (4) present with counsel, Lorraine Gauli-Rufo. Defendant George Citronelle (5) present with counsel, Natali J.H. Todd. Defendant Jeremy Esteves (6) not present but counsel, Louis M. Freeman present. Defendant Samantha Batist (7) present with counsel, Glenn A. Garber, Defendant Noel Martinez (8) present with counsel, Lawrence A. Dubin. Defendant Domingo Tolentino (9) present with counsel, Bryan M. Konoski. Defendant Juan Calderon (10) present with counsel, James E. Neuman. For the Gov't Karen Portlock, AUSA and Hagan Scotten, AUSA present. Court Reporter present. PTC held. Defendants Christian Pabon (3) and Jeremy Esteves (6) not present due to MDC failure to release them to the US Marshals. Next PTC is scheduled for 4/9/2019 at 2:00pm. Speedy Trial Time is excluded from 1/7/2019 through 4/9/2019. Defendants Yasmil Fertides (1), Milton Chardon (2), Christian Pabon (3), George Citronelle (5), Jeremy Esteves (6), Samantha Batista (7), Noel Martinez (8), Domingo Tolentino (9), and Juan Calderon (10) continued remanded. Defendant Bryan Castillo's (4) bail conditions continued. (Pretrial Conference set for 4/9/2019 at 02:00 PM before Judge Laura Taylor Swain.) (jbo) (Entered: 02/12/2019)
2/5/2019NOTICE OF ATTORNEY APPEARANCE: Giulia Scelzo appearing for Milton Chardon. Appearance Type: CJA Appointment. (Scelzo, Giulia) (Entered: 02/05/2019)
1/25/2019MEMORANDUM as to Bryan Castillo. ENDORSEMENT: I have reviewed the information that you have supplied. I do not believe that this matter requires any action by the Court at this time. (Signed by Judge Laura Taylor Swain on 1/25/2019) (ap) (Entered: 01/28/2019)
1/16/2019ORDER as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. The pretrial conference scheduled for February 7, 2019 at 2:00 p.m., is rescheduled to February 7, 2019, at 10:00 a.m. in Courtroom 17C. (Signed by Judge Laura Taylor Swain on 1/16/2019)(bw) (Entered: 01/16/2019)
1/11/2019NOTICE OF ATTORNEY APPEARANCE: Carla Marie Sanderson appearing for Christian Pabon. Appearance Type: CJA Appointment. (Sanderson, Carla) (Entered: 01/11/2019)
1/2/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jeremy Esteves. Notice is hereby given that an official transcript of a Detention/Bond proceeding held on 12/19/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. (ft) (Entered: 01/02/2019)
1/2/2019TRANSCRIPT of Proceedings as to Jeremy Esteves re: Detention/Bond held on 12/19/2018 before Magistrate Judge Debra C. Freeman. 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 1/23/2019. Redacted Transcript Deadline set for 2/4/2019. Release of Transcript Restriction set for 4/2/2019. (ft) (Entered: 01/02/2019)
12/19/2018Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Bail Hearing on disposition sheet as to Jeremy Esteves held on 12/19/2018. Deft present with atty Louis Freeman. AUSA Karin Portlock present. $100,000 PRB, 3 FRP Leslly Cordero (girlfriend) 3rd party custodian and Ms. Cordero moral suasion and 2 FRP. Travel restricted to SDNY/EDNY, Surrender travel documents (& No new applications), Pretrial supervision: Strict, Deft to submit to urinalysis; if positive, add condition of drug testing/treatment, Home detention, Electronic monitoring, GPS, Deft to continue or seek employment or Deft to continue or start education program, Deft not to possess firearm/destructive device/other weapon, Deft to be detained until all conditions are met including PTS home institution to approve resident set up monitoring. Residence to be approved by PTS. (jw) (Entered: 12/27/2018)
12/10/2018Terminate Deadlines and Hearings as to Samantha Batista (7): Terminated Status Conference set for 12/11/2018 at 11:00 AM before Judge Laura Taylor Swain. (bw) (Entered: 12/10/2018)
12/10/2018Set/Reset Deadlines/Hearings as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon: Pretrial Conference set for 2/7/2019 at 02:00 PM before Judge Laura Taylor Swain. (bw) (Entered: 12/10/2018)
12/10/2018MEMO ENDORSEMENT as to Yasmil Fertides (1), Milton Chardon (2), Christian Pabon (3), Bryan Castillo (4), George Citronelle (5), Jeremy Esteves (6), Samantha Batista (7), Noel Martinez (8), Domingo Tolentino (9), Juan Calderon (10) granting 78 LETTER MOTION filed by USA addressed to Judge Laura Taylor Swain from AUSA Karin Portlock dated December 7, 2018 re: Adjournment. The Government writes to respectfully request adjournment of the conference scheduled for Tuesday, December 11, 2018 at 11 a.m. ENDORSEMENT: The Application is granted. The conference is adjourned to 2/7/19 at 2:00 P.M. in Courtroom 17C. The Court finds pursuant to 18 U.S.C. Section 3161(H)(7)(A) that the ends of justice served by an exclusion of the time from today's date through 2/7/19 outweigh the best interests of the public and the Defendant in a speedy trial for the reasons stated above. SO ORDERED: (Signed by Judge Laura Taylor Swain on 12/10/2018) (bw) (Entered: 12/10/2018)
12/7/2018 LETTER MOTION addressed to Judge Laura Taylor Swain from Karin Portlock dated December 7, 2018 re: Adjournment . Document filed by USA as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (Portlock, Karin) (Entered: 12/07/2018)
11/29/2018ORDER 76 LETTER MOTION - IT IS HEREBY ORDERED that the Discovery shall be used bythe defendants solely for purposes of defending this case. IT IS FURTHER ORDERED that the defense is precluded from disseminating any of the Discovery, any copies thereof, or any information contained therein to anyone beyond: (a) the defendants; (b) defense counsel; (c) any paralegal, investigator, expert, advisor, or any other individual retained or employed by the defense for the purpose of assisting in the defense ("Defense Staff"); or (e) such other persons as hereafter may be authorized by the Government in writing or by Order of the Court. To the extent the Discovery is disclosed to Defense Staff, defense counsel shall instruct them that they are bound by the terms of this Order. IT IS FURTHER ORDERED that the defendants are precluded from posting or causing to be posted any of the Discovery or information contained in the Discovery on the Internet, including any social media website. IT IS FURTHER ORDERED that nothing in this Order shall preclude defense counsel or Defense Staff from: (a) showing copies of the Discovery to any potential witness for the purpose of preparing a defense; or (b) sharing the Discovery with each other via Dropbox or other file-sharing software. (Signed by Judge Laura Taylor Swain on 11/29/18) (jw) (Entered: 11/29/2018)
11/28/2018 LETTER MOTION addressed to Judge Laura Taylor Swain from Karin Portlock dated November 28, 2018 re: Protective Order . Document filed by USA as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (Attachments: # 1 Exhibit)(Portlock, Karin) (Entered: 11/28/2018)
11/16/2018NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon: Notice to Attorney Portlock, Karin to RE-FILE Document 75 MOTION for Protective Order. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 11/16/2018)
11/16/2018 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Protective Order . Document filed by USA as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (Attachments: # 1 Exhibit)(Portlock, Karin) Modified on 11/16/2018 (ka). (Entered: 11/16/2018)
11/2/2018Minute Entry for proceedings held before Magistrate Judge Sarah Netburn:Arraignment on disposition sheet as to Jeremy Esteves (6) Count 1 held on 11/2/2018., Not Guilty Plea entered by Jeremy Esteves (6) Count 1 Count 1. Deft present with atty Louis Freeman. AUSA Karin Portlock present. Deft arraigned pleads not guilty. Next conference set before District Judge on 12/11/2018. (jw) (Entered: 11/06/2018)
11/2/2018Minute Entry for proceedings held before Magistrate Judge Sarah Netburn:Initial Appearance on disposition sheet as to Jeremy Esteves held on 11/2/2018. Deft present with atty Louis Freeman. AUSA Karin Portlock present. Detention on consent without prejudice. (jw) (Entered: 11/06/2018)
11/2/201873CJA 23 Financial Affidavit by Jeremy Esteves. CJA Attorney Louis M. Freeman. (Signed by Judge Magistrate Judge Sarah Netburn) (ft) (Entered: 11/06/2018)
10/30/2018NOTICE OF ATTORNEY APPEARANCE: Jeremy Schneider appearing for Christian Pabon. Appearance Type: CJA Appointment. (Schneider, Jeremy) (Entered: 10/30/2018)
10/26/2018Attorney update in case as to Christian Pabon (3). Attorney Jeremy Schneider for Christian Pabon added. (bw) (Entered: 10/26/2018)
10/26/2018ENDORSED LETTER as to (18-Cr-319-3) Christian Pabon addressed to Judge Laura Taylor Swain from Attorney David E. Patton dated October 26, 2018 re: I write pursuant to I 8 U.S.C. § 3005 to offer my recommendation to the Court for learned counsel for Christian Pabon, who is charged with a capital offense and whose lead counsel is Elizabeth Macedonio. I recommend the appointment of Jeremy Schneider who is a member of the SDNY Capital Panel and has frequently been found to be learned in the law of capital cases. I have communicated with counsel for the Government and Mr. Schneider, and I understand Mr. Schneider is available for the assignment and that he does not have any conflicts of interest. ENDORSEMENT: The recommendation of the Federal Defender is accepted and Mr. Schneider is hereby appointed as learned counsel for Christian Pabon. SO ORDERED: (Signed by Judge Laura Taylor Swain on 10/26/2018)(bw) (Entered: 10/26/2018)
10/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yasmil Fertides, Milton Chardon, Bryan Castillo, George Citronelle, Noel Martinez, Juan Calderon. Notice is hereby given that an official transcript of a Conference proceeding held on 9/20/18 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) (Entered: 10/23/2018)
10/23/2018TRANSCRIPT of Proceedings as to Yasmil Fertides, Milton Chardon, Bryan Castillo, George Citronelle, Noel Martinez, Juan Calderon re: Conference held on 9/20/18 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2018. Redacted Transcript Deadline set for 11/23/2018. Release of Transcript Restriction set for 1/21/2019. (McGuirk, Kelly) (Entered: 10/23/2018)
10/18/2018Attorney update in case as to Christian Pabon. Attorney Elizabeth Edwards Macedonio for Christian Pabon added. (jw) (Entered: 10/23/2018)
10/18/201868CJA 23 Financial Affidavit by Christian Pabon. (Signed by Judge Magistrate Judge Gabriel W. Gorenstein) Attorney Elizabeth Macedonio (jw) (Entered: 10/23/2018)
10/18/2018Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Arraignment on disposition sheet as to Christian Pabon (3) Count 1,2,3 held on 10/18/2018., as to Christian Pabon( Pretrial Conference set for 12/11/2018 at 11:00 AM before Judge Laura Taylor Swain.) Deft present with atty Elizabeth Macedonio. AUSA Karin Portlock present. Deft arraigned and pleads not guilty. Next conference set for 12/11/18 at 11:00am. (jw) (Entered: 10/19/2018)
10/18/2018Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Initial Appearance on disposition sheet as to Christian Pabon held on 10/18/2018. Deft present with atty Elizabeth Macedonio. AUSA Karin Portlock present. Detention on consent without prejudice. (jw) (Entered: 10/19/2018)
10/17/201866SEALED DOCUMENT placed in vault. (mhe) (Entered: 10/17/2018)
10/15/2018MEMO ENDORSEMENT as to Bryan Castillo (4) granting 63 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 10/15/2018 re: Bail Modification. ENDORSEMENT: Permission to attend the wedding only (not the reception) is granted. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/15/2018) (lnl) (Entered: 10/16/2018)
10/15/2018 LETTER MOTION addressed to Judge Laura Taylor Swain from Lorraine Gauli-Rufo dated 10/15/2018 re: Bail Modification . Document filed by Bryan Castillo. (Gauli-Rufo, Lorraine) (Entered: 10/15/2018)
10/15/2018ORDER APPOINTING EMMA M. GREENWOOD AS COORDINATING DISCOVERY ATTORNEY as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (Signed by Judge Laura Taylor Swain on 10/15/2018) (lnl) (lnl). (Entered: 10/15/2018)
10/9/2018Attorney update in case as to Domingo Tolentino. Attorney Bryan Matthew Konoski for Domingo Tolentino added. (jw) (Entered: 10/11/2018)
10/9/201862CJA 23 Financial Affidavit by Domingo Tolentino. (Signed by Judge Magistrate Judge James L. Cott) Attorney Bryan Konoski (jw) (Entered: 10/11/2018)
10/9/2018Minute Entry for proceedings held before Magistrate Judge James L. Cott:Arraignment on disposition sheet as to Domingo Tolentino (9) Count 9,10,11,12,13,14 held on 10/9/2018., Plea entered by Domingo Tolentino (9) Count 9,10,11,12,13,14 Not Guilty. Deft present with atty Bryan Konoski. AUSA Karin Portlock present. Deft arraigned and pleads not guilty. Next conference before District Judge on 12/11/18. (jw) (Entered: 10/11/2018)
10/9/2018Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance on disposition sheet as to Domingo Tolentino held on 10/9/2018. Deft present with atty Bryan Konoski. AUSA Karin Portlock present. Detention on consent without prejudice. (jw) (Entered: 10/11/2018)
10/4/2018ORAL ORDER as to Samantha Batista (7). Status Conference set for 12/11/2018 at 11:00 AM before Judge Laura Taylor Swain. (By Magistrate Judge Debra C. Freeman on 10/4/2018) (bw) (Entered: 10/05/2018)
10/4/2018Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Plea entered by Samantha Batista (7) Count 9,10,11,12 -- Not Guilty. (bw) (Entered: 10/05/2018)
10/4/2018Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Arraignment as to Samantha Batista (7) Count 9,10,11,12 held on 10/4/2018. AUSA Karin Portlock. Defense Counsel Glenn Garber. Defendant arraigned; pleads Not Guilty. Conference before District Judge on 12/11/2018 at 11:00 a.m. (bw) (Entered: 10/05/2018)
10/4/2018ORDER as to Yasmil Fertides (1) granting 58 LETTER MOTION addressed to Judge Laura Taylor Swain from Inga L. Parsons dated 10/3/2018 re: Approval for Associate Counsel. The request is granted. DE #58 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/4/2018) (lnl) (Entered: 10/05/2018)
10/3/2018 LETTER MOTION addressed to Judge Laura Taylor Swain from Inga L. Parsons dated 10/3/2018 re: Approval for Associate Counsel . Document filed by Yasmil Fertides. (Parsons, Inga) (Entered: 10/03/2018)
10/1/201856Rule 5(c)(3) Documents Received as to (S1-18-Cr-319-03) Christian Pabon from the United States District Court - Middle District of Pennsylvania (Wilkes-Barre), Case Number 5:18-mj-94-JFS-1. Copies of following documents received: 1) Arrest Warrant Returned Executed, 2) Minute Sheet dated 9/24/2018, 3) CJA23 Financial Affidavit, 4) Order Appointing Federal Public Defender, 5) Waiver Of Rule 5 & 5.1 Hearings, 6) Commitment To Another District, 7) Docket Sheet. [*** NOTE: The Clerk of the Court has forward the CJA23 Financial Affidavit to CJA Clerk/SDNY on 10/1/2018. ***] (bw) (Entered: 10/01/2018)
9/28/2018Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Initial Appearance as to Samantha Batista held on 9/28/2018. Defendant Samantha Batista present with CJA Attorney Glen Garber, AUSA Karin Portlock for Margaret Graham present for the Government. Defendant detained: Risk of flight/danger. Conference before D.J. TO BE SUPPLIED TO DEFENDANT BY USA. (ft) (Entered: 10/02/2018)
9/28/201855CJA 23 Financial Affidavit by Samantha Batista. CJA Attorney Glenn Garber. (Signed by Judge Magistrate Judge Stewart D. Aaron) (ft) (Entered: 10/01/2018)
9/21/2018ORDER as to Noel Martinez (8) granting 53 LETTER MOTION addressed to Judge Laura Taylor Swain from Lawrence Dubin dated 9/20/2018 re: Noel Martinez. Application granted. DE#53 resolved.. (Signed by Judge Laura Taylor Swain on 9/20/2018) (lnl) (Entered: 09/21/2018)
9/20/2018Minute Entry for proceedings held before Judge Laura Taylor Swain: Arraignment as to Yasmil Fertides (1) Count 1s,4s,5s,8s,9s,13s,14s held on 9/20/2018. Plea entered by Yasmil Fertides Not Guilty. (jbo) (Entered: 10/16/2018)
9/20/2018Minute Entry for proceedings held before Judge Laura Taylor Swain: Pretrial Conference as to Yasmil Fertides, Milton Chardon, Bryan Castillo, George Citronelle, Noel Martinez, Juan Calderon held on 9/20/2018. Defendant Yasmil Ferrtides (1) present with counsel, Inga Parsons. Defendant Milton Chardon (2) present with counsel, David M. Rody. Defendant Bryan Castillo (4) present with counsel, Lorraine Gauli-Rufo. Defendant George Citronelle (5) present with counsel, Natali J.H. Todd. Defendant Noel Martinez (8) present with counsel, Lawrence A. Dubin. Defendant Juan Calderon (10) present with counsel, James E. Neuman. For the Gov't Karen Portlock, AUSA present. Court Reporter Michael McDaniel present. ARRAIGNMENT / PTC held. Defendant Yasmil Ferrtides (1) waived reading of the S1 Indictment and entered a plea of not guilty as to each of Counts One (1), Four (4), Five (5), Eight (8), Nine (9), Thirteen (13) and Fourteen (14) of the S1 Indictment. Next PTC is scheduled for 12/11/2018 at 11:00am. Speedy Trial Time is excluded from 9/20/2018 through 12/11/2018. Defendants Yasmil Fertides (1), Milton Chardon (2), George Citronelle (5), Noel Martinez (8) and Juan Calderon (10) continued remanded. Defendant Bryan Castillo's (4)'s bail conditions continued. (Pretrial Conference set for 12/11/2018 at 11:00 AM before Judge Laura Taylor Swain.) (jbo) (Entered: 10/16/2018)
9/20/2018 LETTER MOTION addressed to Judge Laura Taylor Swain from Lawrence Dubin dated 9/20/2018 re: Noel Martinez . Document filed by Noel Martinez. (Dubin, Lawrence) (Entered: 09/20/2018)
9/18/2018Set/Reset Hearings as to Juan Calderon: Pretrial Conference set for 9/20/2018 at 03:30 PM before Judge Laura Taylor Swain. (lnl) (Entered: 09/18/2018)
9/18/2018ORDER Juan Calderon (10) granting 50 LETTER MOTION addressed to Judge Laura Taylor Swain from James E. Neuman dated 9/17/2018 re: re-schedule conference. The conference is rescheduled to September 20, 2018, at 3:30 pm. So Ordered. (Signed by Judge Laura Taylor Swain on 9/17/2018) (lnl) (Entered: 09/18/2018)
9/17/2018APPEARANCE BOND Entered as to Bryan Castillo: $100,000 PRB; 2 FRP; travel restricted to SDNY/EDNY/DNJ; surrender travel documents (& no new applications); strict pretrial supervision; Defendant to submit to urinalysis; if positive, add condition of drug testing/treatment; home detention; electronic monitoring; Defendant to continue or seek employment, or, continue or start education program; Defendant not to possess firearm/destructive device/other weapon; Defendant to be detained until one FRP cosigns the PRB and electronic monitoring arrangements have been made. Defendant to maintain residence and not relocate without approval of the Pretrial Services Office. (Advice of Penalties and Sanctions attached.) (jbo) (Entered: 09/18/2018)
9/17/2018 LETTER MOTION addressed to Judge Laura Taylor Swain from James E. Neuman dated 9/17/2018 re: re-schedule conference . Document filed by Juan Calderon as to Yasmil Fertides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon. (Neuman, James) (Entered: 09/17/2018)
9/17/2018NOTICE OF ATTORNEY APPEARANCE: Natali J.H. Todd appearing for George Citronelle. Appearance Type: CJA Appointment. (Todd, Natali) (Entered: 09/17/2018)
9/17/2018NOTICE OF ATTORNEY APPEARANCE Karin Portlock appearing for USA. (Portlock, Karin) (Entered: 09/17/2018)
9/14/2018NOTICE OF ATTORNEY APPEARANCE Margaret Graham appearing for USA. (Graham, Margaret) (Entered: 09/14/2018)
9/12/2018Attorney update in case as to George Citronelle. Attorney Natali J.H. Todd for George Citronelle added. (jw) (Entered: 09/14/2018)
9/12/201846CJA 23 Financial Affidavit by George Citronelle. (Signed by Judge Magistrate Judge Kevin Nathaniel Fox) Attorney Natali Todd (jw) (Entered: 09/14/2018)
9/12/201845 Medical Attention Form as to George Citronelle. (jw) (Entered: 09/14/2018)
9/12/2018Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox:Arraignment on disposition sheet as to George Citronelle (5) Count 1,6,7,8 held on 9/12/2018., Plea entered by George Citronelle (5) Count 1,6,7,8 Not Guilty ( Pretrial Conference set for 9/21/2018 at 10:15 AM before Judge Laura Taylor Swain.) Deft present with atty Natali Todd. AUSA Margaret Graham and Maureen Comey present. Deft arraigned and pleads not guilty. Next conference set before District on Judge 9/21/18 at 10:15am (jw) (Entered: 09/14/2018)
9/12/2018Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox:Initial Appearance on disposition sheet as to George Citronelle held on 9/12/2018. Deft present with atty Natali Todd. AUSA Margaret Graham and Maureen Comey present. Detention on consent without prejudice. Medical Order Issued. (jw) (Entered: 09/14/2018)
9/12/2018Attorney update in case as to Juan Calderon. Attorney James E Neuman for Juan Calderon added. (jw) (Entered: 09/14/2018)
9/12/201842CJA 23 Financial Affidavit by Juan Calderon. (Signed by Judge Magistrate Judge Kevin Nathaniel Fox) Attorney James Newman (jw) (Entered: 09/14/2018)
9/12/2018Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox:Arraignment on disposition sheet as to Juan Calderon (10) Count 9,13,14 held on 9/12/2018., Plea entered by Juan Calderon (10) Count 9,13,14 Not Guilty ( Pretrial Conference set for 9/21/2018 at 10:15 AM before Judge Laura Taylor Swain.) Deft present with atty James Neuman by Lorraine Gauli-Rufo. AUSA Margaret Graham and Maureen Comey present. Deft arraigned and pleads not guilty. Next conference set before District Judge on 9/21/18 at 10:15am (jw) (Entered: 09/14/2018)
9/12/2018Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox:Initial Appearance on disposition sheet as to Juan Calderon held on 9/12/2018. Deft present with atty James Neuman by Lorraine Gauli-Rufo. AUSA Margaret Graham and Maureen Comey present. Detention on consent without prejudice. (jw) (Entered: 09/14/2018)
9/12/2018Attorney update in case as to Milton Chardon. Attorney David Matthew Rody for Milton Chardon added. (jw) (Entered: 09/14/2018)
9/12/201840CJA 23 Financial Affidavit by Milton Chardon. (Signed by Judge Magistrate Judge Kevin Nathaniel Fox) Attorney David M. Rody (jw) (Entered: 09/14/2018)
9/12/2018Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox:Arraignment on disposition sheet as to Milton Chardon (2) Count 1,4,5,8,9,13,14 held on 9/12/2018., Plea entered by Milton Chardon (2) Count 1,4,5,8,9,13,14 Not Guilty ( Pretrial Conference set for 9/21/2018 at 10:15 AM before Judge Laura Taylor Swain.) Deft present with atty David Rody. AUSA Margaret Graham and Maureen Comey. Deft arraigned and pleads not guilty. Next conference set for 9/21/18 at 10:15am. (jw) (Entered: 09/14/2018)
9/12/2018Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox:Initial Appearance on disposition sheet as to Milton Chardon held on 9/12/2018. Deft present with atty David Rody. AUSA Margaret Graham and Maureen Comey present. Detention on consent without prejudice. Medical Order issued. (jw) (Entered: 09/14/2018)
9/12/2018ORAL ORDER as to Noel Martinez (8). Status Conference set for 9/21/2018 at 10:15 AM before Judge Laura Taylor Swain. (By Magistrate Judge Kevin Nathaniel Fox on 9/12/2018) (bw) (Entered: 09/13/2018)
9/12/2018Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Arraignment (on S1-18-Cr-319) as to Noel Martinez (8) Count 9,10,11,12 held on 9/12/2018. Plea entered by Noel Martinez (8) Count 9,10,11,12 -- Not Guilty. (bw) (Entered: 09/13/2018)
9/12/2018Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Initial Appearance as to (S1-18-Cr-319-08) Noel Martinez held on 9/12/2018. Date of Arrest: 9/12/2018. AUSA Margaret Graham, Maureen Comey. Defense Counsel Lawrence Dubin (CJA). Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 9/21/2018 at 10:15 A.M. (bw) (Entered: 09/13/2018)
9/12/2018Attorney update in case as to Noel Martinez (8). Attorney Lawrence A. Dubin for Noel Martinez added. (bw) (Entered: 09/13/2018)
9/12/201837CJA 23 Financial Affidavit by (S1-18-Cr-319-08) Noel Martinez. APPROVED: (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/12/2018); Attorney Lawrence Dubin. (bw) (Entered: 09/13/2018)
9/12/2018Arrest of Noel Martinez (8). [*** NOTE: Refer to Disposition Sheet for Rule 9 Proceeding held on 9/12/2018. ***] (bw) (Entered: 09/13/2018)
9/12/2018ORAL ORDER as to Bryan Castillo (4). Status Conference set for 9/21/2018 at 10:15 AM before Judge Laura Taylor Swain. (By Magistrate Judge Kevin Nathaniel Fox on 9/12/2018) (bw) (Entered: 09/13/2018)
9/12/2018Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Arraignment (on S1-18-Cr-319) as to Bryan Castillo (4) Count 1 held on 9/12/2018. Plea entered by Bryan Castillo (4) Count 1 -- Not Guilty. (bw) (Entered: 09/13/2018)
9/12/2018Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Initial Appearance as to (S1-18-Cr-319-04) Bryan Castillo held on 9/12/2018. Date of Arrest: 9/11/2018 6:00 p.m. AUSA Margaret Graham, Maureen Comey. Defense Counsel Lorraine Gauli-Rufo (CJA). Proceeding: Rule 9. BAIL DISPOSITION: $100,000 PRB; 2 FRP; travel restricted to SDNY/EDNY/DNJ; surrender travel documents (& no new applications); strict pretrial supervision; Defendant to submit to urinalysis; if positive, add condition of drug testing/treatment; home detention; electronic monitoring; Defendant to continue or seek employment, or, continue or start education program; Defendant not to possess firearm/destructive device/other weapon; Defendant to be detained until one FRP cosigns the PRB and electronic monitoring arrangements have been made. Defendant to maintain residence and not relocate without approval of the Pretrial Services Office. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 9/21/2018 at 10:15 A.M. (bw) (Entered: 09/13/2018)
9/12/2018Attorney update in case as to Bryan Castillo (4). Attorney Lorraine Gauli-Rufo for Bryan Castillo added. (bw) (Entered: 09/13/2018)
9/12/201835CJA 23 Financial Affidavit by (S1-18-Cr-319-04) Bryan Castillo. APPROVED: (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/12/2018); Attorney Lorraine Gauli-Rufo. (bw) (Entered: 09/13/2018)
9/12/2018(S1) SUPERSEDING INDICTMENT FILED as to Yasmil Fertides (1) count(s) 1s, 4s, 5s, 8s, 9s, 13s, 14s, Milton Chardon (2) count(s) 1, 4, 5, 8, 9, 13, 14, Christian Pabon (3) count(s) 1, 2, 3, Bryan Castillo (4) count(s) 1, George Citronelle (5) count(s) 1, 6, 7, 8, Jeremy Esteves (6) count(s) 1, Samantha Batista (7) count(s) 9, 10, 11, 12, Noel Martinez (8) count(s) 9, 10, 11, 12, Domingo Tolentino (9) count(s) 9, 10, 11, 12, 13, 14, Juan Calderon (10) count(s) 9, 13, 14. (jm)(Filed under seal on 9/6/18) (Entered: 09/13/2018)
9/12/2018ORDER as to Yasmil Ferrtides, Milton Chardon, Christian Pabon, Bryan Castillo, George Citronelle, Jeremy Esteves, Samantha Batista, Noel Martinez, Domingo Tolentino, Juan Calderon unsealing the S(1) superseding indictment. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/12/18)(jm) (Entered: 09/13/2018)
8/24/2018Set/Reset Hearings as to Yasmil Ferrtides: Pretrial Conference set for 9/21/2018 at 10:15 AM before Judge Laura Taylor Swain. (ap) (Entered: 08/27/2018)
8/24/2018ORDER as to Yasmil Ferrtides (1) granting 21 CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from Inga L. Parsons dated August 24, 2018 re: Continue Status Conference and Set Status Conference and Arraignment for September 21, 2018. The application is granted. The conference is adjourned to 9/21/18 at 10:15 AM in Courtroom 17C. The Court finds pursuant to 18 U.S.C. § 3161(H)(7)(A) that the ends of justice served by an exclusion of the time from today's date through 9/21/18 outweigh the best interests of the public and the defendant in a speedy trial for the reasons stated above. SO ORDERED. De #21 resolved. (Signed by Judge Laura Taylor Swain on 8/24/2018) (ap) (Entered: 08/27/2018)
8/24/2018CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from Inga L. Parsons dated August 24, 2018 re: Continue Status Conference and Set Status Conference and Arraignment for September 21, 2018 . Document filed by Yasmil Ferrtides. (Parsons, Inga) (Entered: 08/24/2018)
8/9/2018NOTICE OF ATTORNEY APPEARANCE: Inga L. Parsons appearing for Yasmil Ferrtides. Appearance Type: CJA Appointment. (Parsons, Inga) (Entered: 08/09/2018)
8/3/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yasmil Ferrtides. Notice is hereby given that an official transcript of a Conference proceeding held on 7/6/18 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: 08/03/2018)
8/3/2018TRANSCRIPT of Proceedings as to Yasmil Ferrtides re: Conference held on 7/6/18 before Judge Laura Taylor Swain. 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 8/24/2018. Redacted Transcript Deadline set for 9/4/2018. Release of Transcript Restriction set for 11/1/2018. (McGuirk, Kelly) (Entered: 08/03/2018)
8/2/201819CJA 23 Financial Affidavit by Yasmil Ferrtides. APPROVED: (Signed by Judge Laura Taylor Swain on 8/2/2018, nunc pro tunc to 7/6/2018); Attorney Inga L. Parsons (CJA), Appointment Date: 7/6/2018. (bw) (Entered: 08/03/2018)
7/31/2018Set/Reset Hearings as to Yasmil Ferrtides: Pretrial Conference set for 9/6/2018 at 10:30 AM before Judge Laura Taylor Swain. (lnl) (Entered: 07/31/2018)
7/31/2018ORDER as to Yasmil Ferrtides (1) granting 15 CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from Inga L. Parsons dated 7/30/2018 re: Vacate State Conference. The application is granted. The conference is adjourned to 9/6/18 at 10:30 am in Courtroom 17C. The Court finds pursuant to 18 U.S.C. 3161(H)(7)(A) that the ends of justice served by an exclusion of the time from today's date through 9/6/18 outweigh the best interests of the public and the defendant in a speedy trial for the reasons stated above. DE#15 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/31/2018) (lnl) (Entered: 07/31/2018)
7/30/2018CONSENT LETTER MOTION addressed to Judge Laura Taylor Swain from Inga L. Parsons dated 7/30/2018 re: Vacate State Conference . Document filed by Yasmil Ferrtides. (Parsons, Inga) (Entered: 07/30/2018)
7/10/201814SEALED DOCUMENT placed in vault. (mhe) (Entered: 07/11/2018)
7/9/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yasmil Ferrtides. Notice is hereby given that an official transcript of a Conference proceeding held on 5/25/18 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) (Entered: 07/09/2018)
7/9/2018TRANSCRIPT of Proceedings as to Yasmil Ferrtides re: Conference held on 5/25/18 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/30/2018. Redacted Transcript Deadline set for 8/9/2018. Release of Transcript Restriction set for 10/9/2018. (McGuirk, Kelly) (Entered: 07/09/2018)
7/9/2018ORDER as to Yasmil Ferrtides. Justin Levine, Esq., is relieved as retained counsel for the defendant. The defendant in the above-captioned matter is now represented by CJA counsel, Inga Parsons, Esq. until further order of the Court. Added attorney Inga l. Parsons for Yasmil Ferrtides. Attorney Justin Levine terminated in case as to Yasmil Ferrtides. (Signed by Judge Laura Taylor Swain on 7/6/2018)(ap) (Entered: 07/09/2018)
7/6/2018Minute Entry for proceedings held before Judge Laura Taylor Swain: Attorney Appointment Hearing as to Yasmil Ferrtides held on 7/6/2018. Defendant Yasmil Ferrtides present with counsel, Justin Levine and on-duty CJA Inga Parsons. For the Gov't Mauene R. Comey, AUSA present. Court Reporter Eve Giniger present. CHANGE OF COUNSEL HEARING held. The Court ordered retained counsel, Justin Levine for the defendant is relieved and Inga Parsons is appointed CJA counsel pending further order of the Court. (Order to follow.) Defendant continued remanded. (jbo) (Entered: 07/09/2018)
5/30/201810SEALED DOCUMENT placed in vault. (rz) (Entered: 05/30/2018)
5/25/2018Minute Entry for proceedings held before Judge Laura Taylor Swain:Pretrial Conference as to Yasmil Ferrtides held on 5/25/2018 ( Pretrial Conference set for 7/6/2018 at 12:00 PM before Judge Laura Taylor Swain.) Defendant Yasmil Ferrtides present with counsel, Justin Levine. For the Govt Karen Portlock, AUSA and PTSO Ashley Cosme present. Court Reporter Andrew Walker present. PTC held. Next PTC is scheduled for 7/6/2018 at 12:00pm. Speedy Trial Time is excluded from 5/25/2018 through 7/6/2018. BAIL HEARING held. Defendants bail application is denied. (Order to follow.) Defendant continued remanded (jw) (Entered: 05/31/2018)
5/25/2018Minute Entry for proceedings held before Judge Laura Taylor Swain: Pretrial Conference as to Yasmil Ferrtides held on 5/25/2018. Defendant Yasmil Ferrtides present with counsel, Justin Levine. For the Gov't Karen Portlock, AUSA and PTSO Ashley Cosme present. Court Reporter Andrew Walker present. PTC held. Next PTC is scheduled for 7/6/2018 at 12:00pm. Speedy Trial Time is excluded from 5/25/2018 through 7/6/2018. BAIL HEARING held. Defendant's bail application is denied. (Order to follow.) Defendant continued remanded. (Pretrial Conference set for 7/6/2018 at 12:00 PM before Judge Laura Taylor Swain.) (jbo) (Entered: 05/29/2018)
5/25/2018ORDER OF DETENTION PENDING TRIAL as to Yasmil Ferrtides. The defendant is remanded to the custody of the Attorney General or to the Attorney General's designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant must be afforded a reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on request of an attorney for the Government, the person in charge of the corrections facility must deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding. (Signed by Judge Laura Taylor Swain on 5/25/2018)(ft) (Entered: 05/25/2018)
5/18/2018ORAL ORDER as to Yasmil Ferrtides. Time excluded from 5/18/2018 until 5/25/2018. (By Magistrate Judge Barbara C. Moses on 5/18/2018) (bw) (Entered: 05/18/2018)
5/18/2018Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Arraignment as to Yasmil Ferrtides (1) Count 1,2 held on 5/18/2018. Plea entered by Yasmil Ferrtides (1) Count 1,2 -- Not Guilty. (bw) (Entered: 05/18/2018)
5/18/2018Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Yasmil Ferrtides held on 5/18/2018. Date of Arrest: 5/17/2018. AUSA Karin Portlock. Defense Counsel Justin Levine (Retained). Defendant waives pretrial report. Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 5/25/2018. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 5/25/2018. (bw) (Entered: 05/18/2018)
5/18/2018NOTICE OF ATTORNEY APPEARANCE: Justin Levine appearing for Yasmil Ferrtides. (bw) (Entered: 05/18/2018)
5/18/2018Arrest of Yasmil Ferrtides. (bw) (Entered: 05/18/2018)
5/18/2018ORDER as to Yasmil Ferrtides. The initial pretrial conference in the above-captioned action will take place before the undersigned on Friday, May 25, 2018, at 10:45 a.m. in Courtroom 17C. SO ORDERED. (Initial Appearance set for 5/25/2018 at 10:45 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 5/18/2018)(ft) (Entered: 05/18/2018)
5/17/2018Case Designated ECF as to Yasmil Ferrtides. (bw) (Entered: 05/18/2018)
5/17/2018Attorney update in case as to Yasmil Ferrtides. Attorney Maurene Ryan Comey for USA added. (bw) (Entered: 05/18/2018)
5/17/2018Case as to Yasmil Ferrtides ASSIGNED to Judge Laura Taylor Swain. Judge Unassigned no longer assigned to the case. (bw) (Entered: 05/18/2018)
5/17/2018Order to Unseal Indictment as to Sealed Defendant 1. Upon application of the United States of America, by and through Assistant United States Attorney Karin S. Portlock, it is hereby ORDERED that Indictment 18 Cr. 319, which was filed under seal on May 2, 2018, be and hereby is unsealed. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 5/17/2018)(bw) (Entered: 05/18/2018)
5/8/20182SEALED DOCUMENT placed in vault. (mps) (Entered: 05/08/2018)
5/7/20181SEALED DOCUMENT placed in vault. (rz) (Entered: 05/07/2018)
5/2/2018SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2. (bw) (Entered: 05/18/2018)