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USA v. Randall et al

1:19-cr-00131 | New York Southern District Court

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Division Foley Square
Judge Judge Paul A. Engelmayer
Filed Feb. 26, 2019
Case Flags APPEAL and ECF
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Filing Date # Docket Text
2/20/2025Endorsed Letter
2/17/2025Letter Motion
2/13/2025Memo Endorsement
2/13/2025Letter
1/23/2025~Util - Add and Terminate Attorneys, Memo Endorsement
1/18/2025Notice (Other)
1/17/2025 ORDER as to Kari Parker: IT IS HEREBY ORDERED that the terms of Supervised Release of Defendant KARI PARKER, be amended as follows: 1. The Defendant shall be permitted to work overtime at his place of employment; 2. The Defendant shall be required to text and/or notify his Probation Officer as soon as he learns that he has been provided with the opportunity to work overtime; 3. The Defendant is only permitted to work overtime when he notifies his Probation Officer; otherwise the 6 p.m. curf ew remains in effect; 4. On occasions where the Defendant works overtime, he is permitted to work up until 8 p.m. and he must return to his residence by 8:30 p.m. 5. The Defendant shall provide his Probation Officer with the name and contact telepho ne number of a supervisor at his place of employment who can verify that the Defendant did, in fact, work overtime on the dates he notified his Probation Officer that he was asked to work overtime. SO ORDERED (Signed by Judge Paul A. Engelmayer on 1/17/2025) (lnl)
1/16/2025~Util - Set/Reset Deadlines/Hearings, Scheduling Order
1/16/2025Revocation of Supervised Release - Interim Hearing
12/9/2024 MEMO ENDORSEMENT 1044 LETTER MOTION as to Kari Parker....ENDORSEMENT...GRANTED. The conference is adjourned to January 16, 2025 at 11:00 a.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 1044. (Signed by Judge Paul A. Engelmayer on 12/9/2024) (jw)
10/21/2024 MEMO ENDORSEMENT 1039 LETTER MOTION as to Kari Parker....ENDORSEMENT...GRANTED. The conference is adjourned to December 10, 2024 at 12:00 p.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 1039. (Signed by Judge Paul A. Engelmayer on 10/21/2024) (jw)
10/21/2024ORDER OF RESTITUTION as to Lorenzo Randall. (Signed by Judge Paul A. Engelmayer on 10/18/2024)(jw)
10/18/2024PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Lorenzo Randall. (Signed by Judge Paul A. Engelmayer on 10/18/2024) (ap)
9/20/2024 JUDGMENT In A Criminal Case as to Lorenzo Randall (1). The defendant pleaded guilty to Count(s) 3-4, 3s. All open counts are dismissed. Imprisonment: Two hundred forty (240) months on each count, the terms to run concurrently. Supervised release: five (5) years on each count, to terms to run concurrently. The court makes the following recommendations to the Bureau of Prisons: that the defendant be designated to FCI Fairton, FCI Butner, or FCI Otisville. The Court also recommends that the defendant be placed in the Residential Drug Abuse Program (RDAP), if he is found eligible. The defendant is remanded to the custody of the United States. Assessment: $100.00 lump sum due immediately. The defendant shall forfeit the defendant's interest in the following property to the United States: the determination of forfeiture is deferred to October 21, 2024. (Signed by Judge Paul A. Engelmayer on 9/20/24)(jbo)
9/20/2024Sentencing
9/9/2024~Util - Set/Reset Deadlines/Hearings, Endorsed Letter
9/9/2024Letter Motion
8/30/2024USCA Mandate - Final Judgment Appeal
7/30/2024MEMO ENDORSEMENT as to Lorenzo Randall granting 1029 LETTER MOTION addressed to Judge Paul A. Engelmayer from James E. Neuman dated 7/30/2024 re: request to postpone sentencing. ENDORSEMENT: GRANTED. Sentencing is adjourned until September 20, 2024, at 9:30 a.m. This deadline will not be further extended. The Clerk of Court is requested to terminate the motion at Dkt. No. 1029. SO ORDERED. (Sentencing set for 9/20/2024 at 09:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 7/30/2024) (lnl) (Entered: 07/30/2024)
7/30/2024 LETTER MOTION addressed to Judge Paul A. Engelmayer from James E. Neuman dated 7/30/2024 re: request to postpone sentencing . Document filed by Lorenzo Randall. (Neuman, James) (Entered: 07/30/2024)
7/26/2024ENDORSED LETTER as to (19-Cr-131-01) Lorenzo Randall addressed to Judge Paul A. Engelmayer from AUSA Daniel H. Wolf dated July 25, 2024 re: The Government respectfully requests the Court adjourn sentencing in the above-referenced case from August 1, 2024, to August 6, 2024, in order to accommodate the undersigned's trial schedule in another matter. The Government understands that defense counsel, James Neuman, is available for sentencing on that day. ENDORSEMENT: GRANTED. The Court adjourns sentencing until August 6, 2024, at 10:00 a.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 1027. SO ORDERED. ( Sentencing set for 8/6/2024 at 10:00 AM before Judge Paul A. Engelmayer. )(Signed by Judge Paul A. Engelmayer on 7/26/2024) (bw) (Entered: 07/26/2024)
7/25/2024 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated July 25, 2024 re: Adjournment of Lorenzo Randall Sentencing . Document filed by USA as to Lorenzo Randall. (Wolf, Daniel) (Entered: 07/25/2024)
7/16/2024Set/Reset Deadlines/Hearings as to Kari Parker: Revocation of Supervised Release - Interim Hearing set for 9/16/2024 at 12:00 PM before Judge Paul A. Engelmayer (jw) (Entered: 07/16/2024)
7/16/2024MEMO ENDORSEMENT 1025 LETTER MOTION as to Kari Parker....ENDORSEMENT..GRANTED. The conference is adjourned to September 16, 2024 at 12:00 p.m. The Court also GRANTS the proposed amendments to the supervised release terms as stated above. The Clerk of Court is requested to terminate the motion at Dkt. No. 1025. (Signed by Judge Paul A. Engelmayer on 7/16/2024) (jw) (Entered: 07/16/2024)
7/15/2024THIRD LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated July 15, 2024 re: request to adjourn conference and to amend conditions of bail. Document filed by Kari Parker. (Parker, Daniel) (Entered: 07/15/2024)
7/9/2024SENTENCING SUBMISSION by USA as to Lorenzo Randall. (Wolf, Daniel) (Entered: 07/09/2024)
7/3/2024Set/Reset Deadlines/Hearings as to Lorenzo Randall: Government due by 7/10/2024; Sentencing set for 8/1/2024 at 10:30 AM before Judge Paul A. Engelmayer (jw) (Entered: 07/03/2024)
7/3/2024MEMO ENDORSEMENT 1022 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated July 2, 2024 re: Request for Sentencing Adjournment as to Lorenzo Randall...ENDORSEMENT...GRANTED. Sentencing is adjourned to August 1, 2024 at 10:30am. The Government shall serve their sentencing submission no later than July 10, 2024. The Clerk of Court is requested to terminate the motion at Dkt No. 1022 (Signed by Judge Paul A. Engelmayer on 7/3/2024) (jw) (Entered: 07/03/2024)
7/2/2024 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated July 2, 2024 re: Request for Sentencing Adjournment . Document filed by USA as to Lorenzo Randall. (Wolf, Daniel) (Entered: 07/02/2024)
6/25/2024SENTENCING SUBMISSION by Lorenzo Randall. (Attachments: # 1 Exhibit letters from friends and family, # 2 Exhibit letter from Lorenzo Randall, # 3 Exhibit certificates)(Neuman, James) (Entered: 06/25/2024)
6/6/2024Set/Reset Deadlines/Hearings as to Kari Parker: Revocation of Supervised Release set for 7/30/2024 at 11:30 AM before Judge Paul A. Engelmayer (jw) (Entered: 06/06/2024)
6/6/2024MEMO ENDORSEMENT 1019 FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated June 5, re: request to adjourn conference as to Kari Parker...ENDORSEMENT...GRANTED. The Court reschedules the conference for July 30, 2024 at 11:30am. SO ORDERED (Signed by Judge Paul A. Engelmayer on 6/6/24) (jw) (Entered: 06/06/2024)
6/6/2024FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated June 5, re: request to adjourn conference . Document filed by Kari Parker. (Parker, Daniel) (Entered: 06/06/2024)
2/26/2024ORDER as to Kari Parker: IT IS HEREBY ORDERED that the terms of supervised release for KARI PARKER, the defendant, be amended to include the following additional conditions: 1. The defendant shall stay-away from XX, including but not limited to the residence, business, school, and place of employment of XX; shall avoid communicating with XX by mail, telephone, email, voicemail, or other electronic means directly or indirectly; and contacting XX through third parties. 2. The defendant must refrain from engaging in violence against XX or threatening violence against XX, directly or indirectly. 3. The defendant shall be subject to home detention, enforced by GPS monitoring. The defendant is permitted to leave his residence for employment, community service, medical appointments, court appearances, religious services, and other pre-approved activities at the discretion of his Probation Officer. (Signed by Judge Paul A. Engelmayer on 2/26/2024) (ap) (Entered: 02/26/2024)
2/23/2024 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated February 23, 2024 re: Conditions of Release . Document filed by USA as to Kari Parker. (Attachments: # 1 Proposed Order Conditions of Release)(Wolf, Daniel) (Entered: 02/23/2024)
2/22/2024Minute Entry for proceedings held before Judge Paul A. Engelmayer:Revocation of Supervised Release - Interim Hearing as to Kari Parker held on 2/22/2024. Defendant present (on SR) with attorney, Daniel Parker. AUSA Daniel Wolf present. SDNY USPO Lauren Blackford present. EDNY USPO Craig Schneider present (telephonic). Court reporter present. Defendant sworn, pleads NOT GUILTY to the Specification. See transcript. (ajs) (Entered: 02/22/2024)
1/18/2024ORDER as to (19-Cr-131-03) Dwayne Anthony Conley. On December 18, 2023, the Court issued an order denying a pro se motion by defendant Dwayne Anthony Conley asking the Court to modify the restitution payments the Bureau of Prisons ("BOP") has ordered him to make pursuant to the BOP's Financial Responsibility Plan. Dkt. 1012. The Court has since received and docketed a pro se submission from Conley, dated December 18, 2023. Dkt. 1013. Conley's submission is styled as a reply to the Government's December 8, 2023 opposition to Conley's motion, Dkt. 1011. Conley's reply is not responsive to and does not address the Court's order of December 18. Having reviewed Conley's reply, the Court finds no basis to disturb its order of December 18. The Clerk of Court is respectfully directed to terminate the motion pending at docket 1009 and to mail a copy of this order to the defendant at the address below: Dwayne Anthony Conley, Reg. No. 86700-054, F.C.I. Otisville, P.O. Box 1000, Otisville, NY 10963. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/18/2024); Copy mailed to Dwayne Anthony Conley on 1/18/2024. (bw) (Entered: 01/18/2024)
1/3/2024 REPLY FEDERAL RULE CRIMINAL PROCEDURE RULE 36: MOTION CLERICAL ERROR by Dwayne Anthony Conley (jw) (Entered: 01/03/2024)
12/18/2023ORDER as to Dwayne Anthony Conley: The Court has received a pro se motion from defendant Dwayne Anthony Conley pursuant to Federal Rule of Criminal Procedure 36, asking the Court to modify the restitution payments the Bureau of Prisons ("BOP") has ordered him to make pursuant to the BOP's Inmate Financial Responsibility Plan. Dkt. 1009. The Court has also received the Government's opposition. Dkt. 1011. The Court DENIES Conley's motion, because Rule 36 is inapplicable. It permits a Court at any time to correct "a clerical error in a judgment... arising from oversight or omission." Fed. R. Crim. P. 36. Conley does not, however, allege any error in the judgment. His motion's premise is instead that the judgment is correct and that the BOP is improperly implementing it. The Court directs Conley to footnote 3 in the Governments opposition, which explains that an inmate who raises issues of this nature must first pursue administrative procedures within the BOP before filing suit. The Clerk of Court is respectfully directed to terminate the motion pending at docket 1009 and to mail a copy of this order to the defendant at the address below: Dwayne Anthony Conley Reg. No. 86700-054 F.C.I. Otisville P.O. Box 1000 Otisville, NY 10963SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/18/2023) (A copy of this ORDER was mailed by the Clerk's Office on 12/18/2023 to Dwayne Anthony Conley, Reg. No. 86700-054, F.C.I. Otisville, P.O. Box 1000, Otisville, NY 10963) (lnl) (Entered: 12/18/2023)
12/8/2023LETTER RESPONSE in Opposition by USA as to Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated December 8, 2023 re: 1009 MOTION Federal Rule of Criminal Procedure Rule 36: Motion Clerical Error.. (Wolf, Daniel) (Entered: 12/08/2023)
11/21/2023ORDER as to Dwayne Anthony Conley. Defendant Dwayne Anthony Conley has filed,pro se, a motion objecting to the payment plan imposed with respect to his restitution obligations. Dkt. 1009. The Court directs the Government to respond by letter to this motion. The Government's response is due December 8, 2023. The Court does not invite a reply (Government Responses due by 12/8/2023) (Signed by Judge Paul A. Engelmayer on 11/21/23)(jw) (Entered: 11/21/2023)
11/21/2023Federal Rule of Criminal Procedure Rule 36: Motion Clerical Error Document filed by Dwayne Anthony Conley. (jw) (Entered: 11/21/2023)
11/14/2023Order of Referral to Probation for Presentence Investigation and Report as to Lorenzo Randall. (ajs) (Entered: 11/14/2023)
10/3/2023MEMO ENDORSEMENT as to Justin Rivera (2) granting 1005 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated September 28, 2023 re: Limited Unsealing of Trial Transcript. ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 1005. (Signed by Judge Paul A. Engelmayer on 10/3/2023) (ap) (Entered: 10/03/2023)
10/2/2023 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer re: Unsealing Portion of Trial Transcript (Thiele, Kestine) (Entered: 10/02/2023)
9/29/2023MEMO ENDORSEMENT as to Justin Rivera on re: 1005 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated September 28, 2023 re: Limited Unsealing of Trial Transcript. ENDORSEMENT: The Court seeks defense counsel's position on the Government's unsealing request, by letter due Wednesday, October 4, 2023. (Responses due by 10/4/2023) (Signed by Judge Paul A. Engelmayer on 9/29/2023) (ap) (Entered: 09/29/2023)
9/28/2023 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated September 28, 2023 re: Limited Unsealing of Trial Transcript . Document filed by USA as to Justin Rivera. (Attachments: # 1 Exhibit Sealed Trial Tr., # 2 Exhibit Trial Tr. 904-13)(Wolf, Daniel) (Entered: 09/28/2023)
7/6/2023ORDER as to (19-Cr-131-10) Kari Parker. The Court is in receipt of the defendant's letter requesting permission for the defendant's use of medical marijuana (Dkt. No. 1003). The Court, in consultation with the Probation Department, orders the following: Mr. Parker is permitted to use medical marijuana pursuant to a physician's lawfully issued prescription. To the extent authorized by such a prescription only, his request to allow the use of medical marijuana while on supervised release is approved. The use of medical marijuana by Mr. Parker is subject to monitoring by the supervising Probation Department. Mr. Parker will continue to provide urine samples in accordance with the mandatory and special conditions of supervised release. During periods that Mr. Parker is prescribed medical marijuana, the mandatory notification of marijuana positives is waived. The Clerk of Court is requested to terminate the motion at Dkt. No. 1003. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/6/2023)(bw) (Entered: 07/06/2023)
6/27/2023FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated June 27, 2023 re: request to amend conditions of Supervised Release to allow defendant to use medical marijuana. Document filed by Kari Parker. (Attachments: # 1 Exhibit prescription)(Parker, Daniel) (Entered: 06/27/2023)
2/8/2023Transmission to Sealed Records Clerk: as to Justin Rivera. Transmitted re: 1002 Order on Motion to Unseal Document to the Sealed Records Clerk for the sealing or unsealing of document or case. (jw) (Entered: 02/08/2023)
2/8/2023MEMO ENDORSEMENT 1001 Motion to Unseal Document 1001 CONSENT MOTION to Unseal Document sealed portions of trial transcript as to Justin Rivera...ENDORSEMENT...GRANTED. The Clerk of Court is requested to terminate the motion at Dkt No. 1001 (Signed by Judge Paul A. Engelmayer on 2/8/2023) (jw) (Entered: 02/08/2023)
2/8/2023CONSENT MOTION to Unseal Document sealed portions of trial transcript. Document filed by Justin Rivera. (Tomao, Peter) (Entered: 02/08/2023)
1/20/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Magen Moreau. Notice is hereby given that an official transcript of a Sentence proceeding held on 12/21/22 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: 01/20/2023)
1/20/2023TRANSCRIPT of Proceedings as to Magen Moreau re: Sentence held on 12/21/22 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Paula Horovitz, (212) 805-0348, 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 2/10/2023. Redacted Transcript Deadline set for 2/21/2023. Release of Transcript Restriction set for 4/20/2023. (Moya, Goretti) (Entered: 01/20/2023)
1/17/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kari Parker. Notice is hereby given that an official transcript of a Hearing proceeding held on 12/13/2022 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: 01/17/2023)
1/17/2023TRANSCRIPT of Proceedings as to Kari Parker re: Hearing held on 12/13/2022 before Judge Paul A. Engelmayer. 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 2/7/2023. Redacted Transcript Deadline set for 2/17/2023. Release of Transcript Restriction set for 4/17/2023. (McGuirk, Kelly) (Entered: 01/17/2023)
1/13/2023TRANSCRIPT of Proceedings as to Magen Moreau re: Conference held on 12/14/22 before Judge Paul A. Engelmayer. 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 2/3/2023. Redacted Transcript Deadline set for 2/13/2023. Release of Transcript Restriction set for 4/13/2023. (Moya, Goretti) (Entered: 01/13/2023)
1/3/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Hearing proceeding held on 04/11/2019 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.... (nmo) (Entered: 01/03/2023)
1/3/2023TRANSCRIPT of Proceedings as to Justin Rivera re: Hearing held on 04/11/2019 before Magistrate Judge Sarah Netburn. 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 1/24/2023. Redacted Transcript Deadline set for 2/3/2023. Release of Transcript Restriction set for 4/3/2023. (nmo) (Entered: 01/03/2023)
12/21/2022JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) as to Magen Moreau (11). The defendant admitted guilt to violation of condition 1 of the term of supervision. SUPERVISED RELEASE: The current term of supervised release is revoked. A new term of seven (7) months, which shall expire on July 21, 2023, is imposed. All previous conditions of supervised release are re-imposed, save for Special Condition 1. The Court also imposes the following condition: The defendant shall be required to meet with the Financial Litigation Program of the US Attorney's Office, complete the mandatory financial statement, and pay the restitution balance. (Signed by Judge Paul A. Engelmayer on 12/21/2022) (lnl) (Entered: 12/21/2022)
12/21/2022Minute Entry for proceedings held before Judge Paul A. Engelmayer:Final Probation Revocation Hearing as to Magen Moreau held on 12/21/2022. Defendant present (on SR) with attorney, Cesar De Castro. AUSA Daniel Wolf present. USPO Noah Joseph present. Defendant pleads GUILTY to Specification 1. See judgment. (ajs) (Entered: 12/21/2022)
12/20/2022 LETTER by USA as to Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated December 20, 2022 re: Procedures for Conference on 12/21/2022 Document filed by USA. (Wolf, Daniel) (Entered: 12/20/2022)
12/20/2022Minute Entry for proceedings held before Judge Paul A. Engelmayer:Final Hearing re Revocation of Supervised Release as to Kari Parker held on 12/20/2022. Defendant present (on SR) with attorney, Daniel Parker. AUSAs Adam Souliti & Daniel Wolf present. SDNY USPO Jeffrey Steimel present. EDNY USPO Craig Schneider present. Court reporter present. See judgment. (ajs) (Entered: 12/20/2022)
12/20/2022JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) as to Kari Parker (10). The defendant admitted guilt to violation of conditions 2, 3 & 5 of the term of supervision. The defendant has not violated conditions 1, 4 & 5 and is discharged as to such violations condition. IMPRISONMENT: Two (2) months. The defendant shall surrender to the United States Marshal for this district: at 11:00 a.m. on 1/06/2023. SUPERVISED RELEASE: The previous term of supervised release is revoked, and a new term of three (3) years is imposed. All previous conditions of supervised release are reimposed, save for special condition 3, along with the following new condition: The defendant shall perform 20 hours of community service per week in a manner approved by the U.S. Probation Office. The defendant will cooperate in allowing the U.S. Probation Office to confirm the community service is completed. If the defendant secures full time employment, the community service requirement is waived. (Signed by Judge Paul A. Engelmayer on 12/20/2022) (lnl) (Entered: 12/20/2022)
12/20/2022ORDER as to Kari Parker: Pending the defendant's self-surrender, which is scheduled for January 6, 2023, the defendant shall remain at liberty, during which time he will be subject to conditions of release that track the conditions of supervised release that were in place through today's sentencing hearing (at which supervised release was revoked). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/20/2022) (lnl) (Entered: 12/20/2022)
12/17/2022FIRST REPLY by Kari Parker re: 988 Sentencing Submission filed by Kari Parker, 987 Sentencing Submission filed by USA . (Parker, Daniel) (Entered: 12/17/2022)
12/16/2022SENTENCING SUBMISSION by Kari Parker. (Attachments: # 1 Exhibit Therapist records redacted, # 2 Exhibit Psychological records redacted, # 3 Exhibit video redacted)(Parker, Daniel) (Entered: 12/16/2022)
12/16/2022SENTENCING SUBMISSION by USA as to Kari Parker. (Sowlati, Adam) (Entered: 12/16/2022)
12/14/2022Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to Magen Moreau held on 12/14/2022. Defendant present (on SR) with attorney, Cesar de Castro. AUSA Daniel Wolf present. USPO Noah Joseph present. Court reporter present. See transcript. (ajs) (Entered: 12/14/2022)
12/13/2022Minute Entry for proceedings held before Judge Paul A. Engelmayer:Revocation of Supervised Release - Interim Hearing as to Kari Parker held on 12/13/2022. Defendant present (on SR) with attorney, Daniel Parker. AUSAs Daniel Wolf & Adam Souliti present with paralegal specialist Joe Magliocco. USPOs Jeffrey Steimel & Craig Schneider present. Court reporter present. Defendant found not guilty on the Specification. See transcript. Final Hearing re Revocation of Supervised Release set for 12/20/2022 at 09:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ajs) (Entered: 12/13/2022)
12/5/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kari Parker. Notice is hereby given that an official transcript of a Hearing proceeding held on 10/4/2022 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.... (McGuirk, Kelly) (Entered: 12/05/2022)
12/5/2022TRANSCRIPT of Proceedings as to Kari Parker re: Hearing held on 10/4/2022 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Sharonda Jones, (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 12/27/2022. Redacted Transcript Deadline set for 1/5/2023. Release of Transcript Restriction set for 3/6/2023. (McGuirk, Kelly) (Entered: 12/05/2022)
12/1/2022MEMO ENDORSEMENT granting 983 CONSENT MOTION filed by Justin Rivera (2), for Disclosure of Sealed transcripts on June 10, 2020; March 22, 2021: and May 12, 2021. ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 983. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/1/2022) (bw) (Entered: 12/01/2022)
12/1/2022CONSENT MOTION for Disclosure of Sealed transcripts on June 10, 2020; March 22, 2021: and May 12, 2021. Document filed by Justin Rivera. (Tomao, Peter) (Entered: 12/01/2022)
12/1/2022NOTICE OF ATTORNEY APPEARANCE: Peter Joseph Tomao appearing for Justin Rivera. Appearance Type: CJA Appointment. for limited purposes relating to appeal (Tomao, Peter) (Entered: 12/01/2022)
11/9/2022Set/Reset Hearings as to Kari Parker: Status Conference set for 12/13/2022 at 09:30 AM before Judge Paul A. Engelmayer. (ap) (Entered: 11/09/2022)
11/9/2022MEMO ENDORSEMENT as to Kari Parker (10) granting 980 FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated November 7, 2022 re: request to adjourn hearing. ENDORSEMENT: GRANTED. The hearing is adjourned until 9:30 a.m. on December 13, 2022. There will be no further adjournments. The Clerk of Court is requested to terminate the motion at Dkt. No. 980. (Signed by Judge Paul A. Engelmayer on 11/9/2022) (ap) (Entered: 11/09/2022)
11/7/2022FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated November 7, 2022 re: request to adjourn hearing . Document filed by Kari Parker. (Parker, Daniel) (Entered: 11/07/2022)
11/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/11/2022 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.... (McGuirk, Kelly) (Entered: 11/07/2022)
11/7/2022TRANSCRIPT of Proceedings as to Justin Rivera re: Sentence held on 10/11/2022 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2022. Redacted Transcript Deadline set for 12/8/2022. Release of Transcript Restriction set for 2/5/2023. (McGuirk, Kelly) (Entered: 11/07/2022)
11/2/2022MEMO ENDORSEMENT as to Kari Parker (10) granting 976 LETTER MOTION addressed to Judge Paul A. Engelmayer from Adam Sowlati dated November 2, 2022 re: Unsealing Probation Offices' Notes and Chronologies. ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 976. (Signed by Judge Paul A. Engelmayer on 11/2/2022) (ap) (Entered: 11/02/2022)
11/2/2022 LETTER MOTION addressed to Judge Paul A. Engelmayer from Adam Sowlati dated November 2, 2022 re: Unsealing Probation Offices' Notes and Chronologies . Document filed by USA as to Kari Parker. (Sowlati, Adam) (Entered: 11/02/2022)
11/1/2022MEMO ENDORSEMENT as to Justin Rivera (2) on 974 LETTER MOTION addressed to Judge Paul A. Engelmayer from Justin Rivera re: Request to Stay at MDC Pending Appeal. ENDORSEMENT: The decision where to house a defendant is within the purview of the Bureau of Prisons, not the Court. For the reasons stated by defense counsel, the Court recommends to the BOP that Mr. Rivera continue to be housed in the MDC pending resolution of his anticipated appeal. The Clerk of Court is requested to terminate the motion at Dkt. No. 974.. (Signed by Judge Paul A. Engelmayer on 11/1/2022) (ap) (Main Document 975 replaced on 11/4/2022) (ajs). (Entered: 11/01/2022)
10/28/2022 LETTER MOTION addressed to Judge Paul A. Engelmayer from Justin Rivera re: Request to Stay at MDC Pending Appeal . Document filed by Justin Rivera. (Thiele, Kestine) (Entered: 10/28/2022)
10/21/2022Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Justin Rivera re: 973 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 10/21/2022)
10/21/2022Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Justin Rivera to US Court of Appeals re: 973 Notice of Appeal. (nd) (Entered: 10/21/2022)
10/21/2022NOTICE OF APPEAL by Justin Rivera from 970 Judgment. (nd) (Entered: 10/21/2022)
10/18/2022ORDER OF RESTITUTION as to Justin Rivera. (Signed by Judge Paul A. Engelmayer on 10/18/2022) (ap) (Entered: 10/18/2022)
10/18/2022PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Justin Rivera. (Signed by Judge Paul A. Engelmayer on 10/18/2022) (ap) (Entered: 10/18/2022)
10/13/2022JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 10/11/2022. Defendant Justin Rivera (2) was found guilty on Count(s) 1 of the Indictment, after a plea of not guilty. IMPRISONMENT: Two hundred fifty-two (252) months. - The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be placed in a vocational training program; mental health counseling and treatment programs; a substance abuse counseling and treatment program; and a trauma counseling program. The Court does not favor a reduction of sentence on account of the defendant's participation in a drug-treatment program. The Court also recommends that the defendant be designated to a facility as close to New York City as possible. - The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Five (5) years. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). Additional Standard Conditions of Supervision (See page 6 of Judgment). ASSESSMENT: $100.00, due immediately. The determination of restitution is deferred until 10/25/2022. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. (Signed by Judge Paul A. Engelmayer on 10/13/2022)(bw) (Entered: 10/13/2022)
10/11/2022Minute Entry for proceedings held before Judge Paul A. Engelmayer:Sentencing held on 10/11/2022 for Justin Rivera (2) Count 1. Defendant present (in custody) with attorneys, Anthony Cecutti, Kestine Thiele & Anna Sideris. AUSAs Daniel Wolf & Thomas Burnett present. Court reporter present. See judgment. (ajs) (Entered: 10/11/2022)
10/10/2022 REPLY by Justin Rivera re: 966 Sentencing Submission filed by USA . (Thiele, Kestine) (Entered: 10/10/2022)
10/7/2022 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated October 7, 2022 re: Response to October 6, 2022 Order Document filed by USA. (Wolf, Daniel) (Entered: 10/07/2022)
10/6/2022ORDER as to Justin Rivera: Sentencing in this case is scheduled for Tuesday, October 11, 2022, at 11 am. Provided that no material disputes of fact are unresolved, the Court will be prepared to conduct the full sentencing hearing that day. However, based on the Court's review of the parties' sentencing submissions, it appears to the Court that the facts recited in paragraphs 99 through 115 of the presentence report ("PSR"), and the conclusion that the Government argues and the PSR finds from these facts that defendant Rivera attempted to obstruct justice and tamper with a trial witness following his conviction at trial, is disputed by the defense. See Defense Sentencing Memorandum, at 22. The Court notifies counsel that it regards the issue of whether the defendant attempted to obstruct justice and tamper with a witness as material to its sentencing determination. The Court further notifies counsel that the fact reported at paragraph 27 of the PSR- that the defendant bribed a Bureau of Prisons official or staff member on or about October 23, 2020 - may be material to its sentencing determination, but further elaboration on this event is necessary before such a determination can be made. The Court accordingly directs counsel to confer forthwith to determine whether such facts are in dispute, and if so, by what evidence these facts would be litigated at a Fatico hearing. If so, at the October 11 sentencing hearing, the Court will accomplish as much of the sentencing process as can be accomplished in the face of disputed material facts, and will then take up with counsel the prompt scheduling and content of a Fatico hearing. (Signed by Judge Paul A. Engelmayer on 10/6/2022) (ap) Modified on 10/7/2022 (ap). (Entered: 10/06/2022)
10/4/2022Minute Entry for proceedings held before Judge Paul A. Engelmayer:Revocation of Supervised Release - Interim Hearing as to Kari Parker held on 10/4/2022. Defendant present (on SR) with attorney, Daniel Parker. AUSAs Daniel Wolf & Adam Souliti present with paralegal specialist Joe Magliocco. USPOs Jeffrey Steimel & Craig Schneider present. Court reporter present. See transcript. (ajs) Modified on 10/6/2022 (ajs). (Entered: 10/06/2022)
10/4/2022SENTENCING SUBMISSION by USA as to Justin Rivera. (Burnett, Thomas) (Entered: 10/04/2022)
9/28/2022ORDER as to Kari Parker. The Court has received a letter from the Government summarizing the testimony and other evidence it intends to offer at the evidentiary hearing scheduled for Tuesday, October 4, 2022, on the pending violation specifications. Dkt. No. 963. To assure that there is sufficient time to receive such evidence that day, and in light of a conference in another matter that the Court has at 2:30 p.m. that day which cannot be moved, the Court hereby reschedules the hearing to begin at 9:00 a.m. rather than at 10:30 a.m. as previously scheduled. The Court will invitebrief opening statements from counsel at the start of the hearing (Evidentiary Hearing set for 10/4/2022 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/28/22)(jw) (Entered: 09/28/2022)
9/27/2022SENTENCING SUBMISSION by Justin Rivera. (Attachments: # 1 Exhibit BOP education records, # 2 Exhibit BOP psychology records, # 3 Exhibit Letters from family and friends, # 4 Exhibit Ghislaine Maxwell sentencing transcript, # 5 Exhibit Defense letter on PSR objections)(Thiele, Kestine) (Entered: 09/27/2022)
9/27/2022 LETTER by USA as to Kari Parker addressed to Judge Paul A. Engelmayer from Adam Sowlati and Daniel Wolf dated September 27, 2022 re: Additional Information in Preparation for the October 4, 2022, VOSR Hearing Document filed by USA. (Sowlati, Adam) (Entered: 09/27/2022)
8/31/2022NOTICE OF WITHDRAWAL 961 Motion to Withdraw as Attorney. PLEASE TAKE NOTICE that, effective August 30, 2022, Alexandra Elenowitz-Hess hereby withdraws her individual appearance as counsel for Defendant Franklyn Francisco in the above-captioned matter. Sher Tremonte LLP will continue to represent Mr. Francisco and is not withdrawing its appearance in this action. (Signed by Judge Paul A. Engelmayer on 8/30/22) (jw) (Entered: 08/31/2022)
8/30/2022 MOTION for Alexandra Elenowitz-Hess to Withdraw as Attorney . Document filed by Franklyn Francisco. (Elenowitz-Hess, Alexandra) (Entered: 08/30/2022)
8/29/2022Set/Reset Deadlines/Hearings as to Justin Rivera: Sentencing set for 10/11/2022 at 11:00 AM before Judge Paul A. Engelmayer (jw) (Entered: 08/29/2022)
8/29/2022MEMO ENDORSEMENT 959 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated August 20, 2022 re: Adjournment of Sentencing...ENDORSEMENT...GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 959.(Signed by Judge Paul A. Engelmayer on 8/29/22) (jw) (Entered: 08/29/2022)
8/20/2022 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated August 20, 2022 re: Adjournment of Sentencing . Document filed by Justin Rivera. (Cecutti, Anthony) (Entered: 08/20/2022)
8/19/2022 PROTECTIVE ORDER as to Kari Parker...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Paul A. Engelmayer on 8/19/22)(jw) (Entered: 08/19/2022)
8/15/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Dwayne Anthony Conley. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/10/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/15/2022)
8/15/2022TRANSCRIPT of Proceedings as to Dwayne Anthony Conley re: Sentence held on 9/10/2021 before Judge Paul A. Engelmayer. 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 9/6/2022. Redacted Transcript Deadline set for 9/15/2022. Release of Transcript Restriction set for 11/14/2022. (McGuirk, Kelly) (Entered: 08/15/2022)
8/8/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kari Parker. Notice is hereby given that an official transcript of a Violation of Supervised Release proceeding held on 6/2/2020 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: 08/08/2022)
8/8/2022TRANSCRIPT of Proceedings as to Kari Parker re: Violation of Supervised Release held on 6/2/2020 before Judge Paul A. Engelmayer. 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 8/29/2022. Redacted Transcript Deadline set for 9/8/2022. Release of Transcript Restriction set for 11/7/2022. (McGuirk, Kelly) (Entered: 08/08/2022)
8/5/2022NOTICE OF ATTORNEY APPEARANCE Adam Sasan Sowlati appearing for USA. (Sowlati, Adam) (Entered: 08/05/2022)
8/2/2022Receipt is acknowledged by United States District Court - District of South Carolina of the documents (Transfer of Jurisdiction, Doc.#952), as to (19-Cr-131-8) Franklyn Francisco. Their Assigned Case Number: 8:22cr676, Date: 7/26/2022. (bw) (Entered: 08/02/2022)
7/22/2022TRANSFER OUT SUPERVISED RELEASE DOCUMENTS SENT as to (19-Cr-131-8) Franklyn Francisco to the U.S.D.C. District of South Carolina. Certified copies of the following documents were mailed: 1) Transfer of Jurisdiction Form [doc.#952], 2) Judgment [doc.#329], 3) S2 Superseding Information, Waiver of Indictment [docs.#125, 126], 4) Docket Sheet; and letter of acknowledgment. Mailed via USPS, Certified Mail # 7019-1120-0000-8894-8864 on July 22, 2022. (bw) (Entered: 07/22/2022)
7/22/2022Supervised Release Jurisdiction Transferred Out to the U.S.D.C. - District of South Carolina as to (19-Cr-131-8) Franklyn Francisco. [*** NOTE: This Prob 22 Form signed by Judge Paul A. Engelmayer on 5/20/2022. Signed by Receiving Court Judge on May 31, 2022. ***] (bw) (Entered: 07/22/2022)
7/13/2022Set/Reset Hearings as to Justin Rivera: Sentencing set for 9/7/2022 at 02:00 PM before Judge Paul A. Engelmayer. (ap) (Entered: 07/13/2022)
7/13/2022MEMO ENDORSEMENT as to Justin Rivera (2) granting 949 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated July 13, 2022 re: Adjournment of Sentencing. ENDORSEMENT: GRANTED. Sentencing is adjourned to September 7, 2022 at 2:00 p.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 949. (Signed by Judge Paul A. Engelmayer on 7/13/2022) (ap) (Entered: 07/13/2022)
7/13/2022 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated July 13, 2022 re: Adjournment of Sentencing . Document filed by Justin Rivera. (Cecutti, Anthony) (Entered: 07/13/2022)
6/10/2022MEMO ENDORSEMENT 947 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated June 7, 2022 re: request to adjourn conference and to amend bail conditions...ENDORSEMENT...GRANTED as to both requests the Court adjourns the conference until August 2, 2022 at 11:00 a.m. and authorizes the removal of the ankle monitor. The Clerk of Court is requested to terminate the motion at Dkt. No. 947. (Signed by Judge Paul A. Engelmayer on 6/10/22) (jw) (Entered: 06/10/2022)
6/9/2022Set/Reset Deadlines/Hearings as to Kari Parker: Status Conference set for 8/2/2022 at 11:00 AM before Judge Paul A. Engelmayer (jw) (Entered: 06/10/2022)
6/7/2022 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated June 7, 2022 re: request to adjourn conference and to amend bail conditions . Document filed by Kari Parker. (Parker, Daniel) (Entered: 06/07/2022)
5/10/2022ENDORSED LETTER as to (19-Cr-131-2) Justin Rivera addressed to Judge Paul A. Engelmayer from Attorney Anthony Cecutti dated May 10, 2022 re: As the Court is aware, we represent Justin Rivera. We write, without objection from the Government, to request a 45-day adjournment of Mr. Rivera's sentencing, which is presently scheduled for May 23, 2022. ENDORSEMENT: GRANTED. Sentencing is adjourned to July 27, 2022 at 10:30 a.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 945. SO ORDERED. ( Sentencing set for 7/27/2022 at 10:30 AM before Judge Paul A. Engelmayer. )(Signed by Judge Paul A. Engelmayer on 5/10/2022)(bw) (Entered: 05/10/2022)
5/10/2022 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated May 10, 2022 re: Adjournment of Sentencing . Document filed by Justin Rivera. (Cecutti, Anthony) (Entered: 05/10/2022)
4/28/2022Set/Reset Hearings as to Kari Parker: Status Conference set for 6/13/2022 at 11:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ap) (Entered: 04/28/2022)
4/28/2022MEMO ENDORSEMENT as to Kari Parker (10) granting 943 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated April 26, 2022 re: Adjournment of VOSR. ENDORSEMENT: GRANTED. The conference is adjourned to June 13, 2022 at 11:30 a.m. This conference will be held in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. The Clerk of Court is requested to terminate the motion at Dkt. No. 943. (Signed by Judge Paul A. Engelmayer on 4/28/2022) (ap) Modified on 4/29/2022 (ap). (Entered: 04/28/2022)
4/26/2022 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated April 26, 2022 re: Adjournment of VOSR . Document filed by USA as to Kari Parker. (Wolf, Daniel) (Entered: 04/26/2022)
4/4/2022Set/Reset Hearings as to Kari Parker: Status Conference set for 5/11/2022 at 11:00 AM before Judge Paul A. Engelmayer. (jbo) (Entered: 04/04/2022)
4/4/2022MEMO ENDORSED granting 941 LETTER MOTION Adjournment of VOSR as to Kari Parker (10)... ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 941. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/4/22) (jbo) (Entered: 04/04/2022)
4/1/2022 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated April 1, 2022 re: Adjournment of VOSR . Document filed by USA as to Kari Parker. (Wolf, Daniel) (Entered: 04/01/2022)
3/30/2022Attorney update in case as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. (AUSA) Attorney Benjamin Woodside Schrier terminated. (bw) (Entered: 03/30/2022)
3/30/2022ENDORSED LETTER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from AUSA Benjamin Woodside Schrier dated March 30, 2022 re: The Government respectfully requests that the Court direct the Clerk of Court to terminate the appearance of the undersigned Assistant United States Attorney on the above-captioned docket. After April 1, 2022, the undersigned will no longer be employed by the United States Attorney's Office for the Southern District of New York. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/30/2022)(bw) (Entered: 03/30/2022)
3/30/2022 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated March 29, 2022 re: AUSA Withdrawal Document filed by USA. (Schrier, Benjamin) (Entered: 03/30/2022)
3/15/2022SCHEDULING ORDER as to Justin Rivera. It is hereby ORDERED that sentencing in this matter is ADJOURNED to May 23, 2022, at 2:15 p.m. in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York 10007 ( Sentencing set for 5/23/2022 at 02:15 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/15/22)(jw) (Entered: 03/15/2022)
2/22/2022ENDORSED LETTER as to (19-Cr-131-10) Kari Parker addressed to Judge Paul A. Engelmayer from Attorney Daniel S. Parker dated February 18, 2022 re: I write with the consent of the Government requesting that the Court adjourn the previously scheduled conference for Thursday, February 24, 2022 to a date in or about the first or second week of April 2002 convenient to the Court. ENDORSEMENT: GRANTED. The conference is adjourned to April 7, 2022 at 12:30 p.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 936. SO ORDERED. ( Status Conference set for 4/7/2022 at 12:30 PM before Judge Paul A. Engelmayer. )(Signed by Judge Paul A. Engelmayer on 2/22/2022)(bw) (Entered: 02/22/2022)
2/18/2022TENTH LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated February 18, 2022 re: request to adjourn conference . Document filed by Kari Parker. (Parker, Daniel) (Entered: 02/18/2022)
2/11/2022 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated February 11, 2022 re: Related Case Notification Document filed by USA. (Wolf, Daniel) (Entered: 02/11/2022)
1/14/2022ENDORSED LETTER as to (19-Cr-131-10) Kari Parker addressed to Judge Paul A. Engelmayer from Attorney Daniel S. Parker dated January 13, 2022 re: VOSR. I write with the consent of the Government requesting that the Court adjourn the previously scheduled conference for Wednesday, January 26, 2022 to a date in or about the first week of March convenient to the Court. ENDORSEMENT: GRANTED. The Court adjourns the next conference until February 24, 2022 at 12:30 p.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 933. SO ORDERED. ( Status Conference set for 2/24/2022 at 12:30 PM before Judge Paul A. Engelmayer. ) (Signed by Judge Paul A. Engelmayer on 1/14/2022)(bw) (Entered: 01/14/2022)
1/13/2022NINTH LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated January 13, 2022 re: request to adjourn conference . Document filed by Kari Parker. (Parker, Daniel) (Entered: 01/13/2022)
12/29/2021ORDER as to Justin Rivera: The Court has received the Government's letter of December 22, 2021, Dkt. 930, seeking an adjournment of defendant Justin Rivera's sentencing, presently scheduled for January 20, 2022, and the defense's letter of December 27, 2021, Dkt. 931, consenting to such adjournment, albeit for different reasons. The Court grants the unopposed motion and adjourns sentencing until Monday, March 14, 2022, at 9:30 am. (Sentencing set for 3/14/2022 at 09:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 12/29/2021) (ap) (Entered: 12/29/2021)
12/27/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated December 27, 2021 re: Join in Government's Request for Adjournment of Sentencing . Document filed by Justin Rivera. (Cecutti, Anthony) (Entered: 12/27/2021)
12/22/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated December 22, 2021 re: Adjournment of Sentencing . Document filed by USA as to Justin Rivera. (Wolf, Daniel) (Entered: 12/22/2021)
12/1/2021SCHEDULING ORDER as to Kari Parker. It is hereby ORDERED that the conference in this matter, presently scheduled for December 13, 2021, is ADJOURNED to January 19, 2022, at 12:00 p.m. (Status Conference set for 1/19/2022 at 12:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/1/21)(jw) (Entered: 12/01/2021)
11/29/2021CONSENT ORDER OF RESTITUTION as to Anthony Darby. It is hereby ORDERED that Anthony Darby, the Defendant, shall pay restitution in the total amount of $80,000, pursuant to 18 U.S.C. §§ 1593, 3664(g)(2), to the Crime Victims Fund of the United States Treasury. Pursuant to 18 U.S.C. § 3664(f)(2), in consideration of the financial resources and other assets of the Defendant, including whether any of these assets are jointly controlled; projected earnings and other income of the Defendant; and any financial obligations of the Defendant; including obligations to dependents, the Defendant shall pay restitution in the manner andaccording to the schedule that follows: In the interest of justice, restitution shall be payable in installments pursuant to 18 U.S.C. § 3572(d)(1) and (2). While serving any term of imprisonment, the Defendant shall make installment payments toward his restitution obligation and may do so through the Bureau of Prisons (the "BOP") Inmate Financial Responsibility Plan (the "IFRP"). Pursuant to BOP policy,the BOP may establish a payment plan by evaluating the Defendant's six-month deposit history and subtracting an amount determined by the BOP to be used to maintain contact with family and friends. The remaining balance may be used to determine a repayment schedule. BOP staff shall help the Defendant develop a financial plan and shall monitor his progress in meeting his restitution obligation. Any unpaid amount remaining upon release from prison will be paid as specified by the Court. (Signed by Judge Paul A. Engelmayer on 11/29/21)(jw) (Entered: 11/29/2021)
11/3/2021NOTICE OF ATTORNEY APPEARANCE: Kestine Thiele appearing for Justin Rivera. Appearance Type: CJA Appointment. (Thiele, Kestine) (Entered: 11/03/2021)
11/3/2021OPINION & ORDER 881 This decision resolves post-trial motions filed by defendant Justin Rivera. For the foregoing reasons, the Court denies Rivera's motion for a judgment of acquittal under Rule 29 and his motion for a new trial under Rule 33. The Clerk of Court is directed to terminate the motion pending at docket number 881. Sentencing for Rivera will go forward, as scheduled, on January 20, 2022. (Signed by Judge Paul A. Engelmayer on 11/3/21) (jw) (Entered: 11/03/2021)
10/24/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Geraldine Faustin. Notice is hereby given that an official transcript of a Conference proceeding held on 9/8/21 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: 10/24/2021)
10/24/2021TRANSCRIPT of Proceedings as to Geraldine Faustin re: Conference held on 9/8/21 before Judge Paul A. Engelmayer. 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 11/15/2021. Redacted Transcript Deadline set for 11/24/2021. Release of Transcript Restriction set for 1/22/2022. (Moya, Goretti) (Entered: 10/24/2021)
10/20/2021AFFIDAVIT of Cousel of record for the Government in Support by USA as to Ricarda Diamond re: 922 Order. (jm) (Entered: 10/21/2021)
10/20/2021ORDER as to Ricarda Diamond WHICH ORIGINALLY PLACED THE s(6) SUPERSEDER UNDER SEAL/DELAYED DOCKETING. (Filed under seal on 2/18/20) (Signed by Judge Paul A. Engelmayer on 2/18/20)(jm) (Entered: 10/21/2021)
10/20/2021NOLLE PROSEQUI ENTERED as to Ricarda Diamond. Ricarda Diamond (4) Count 1s,1,2s,3s,4s,5s,6s,10. (Signed by Judge Paul A. Engelmayer on 10/20/21)(jm) (Entered: 10/21/2021)
10/20/2021 LETTER by USA as to Ricarda Diamond addressed to Judge Paul A. Engelmayer from Counsel of Record for the Government dated 10/5/21 re: Request to Dismiss Charges Document filed by USA. (Filed under seal on 10/5/21) (jm) (Entered: 10/21/2021)
10/20/2021WAIVER OF INDICTMENT by Ricarda Diamond. (Filed under seal on 2/18/20) (jm) (Entered: 10/21/2021)
10/20/2021(S6) SUPERSEDING INFORMATION (Felony) filed as to Ricarda Diamond (4) count(s) 1s, 2s, 3s, 4s, 5s, 6s. (jm)(Originally filed under seal on 2/28/20) (Entered: 10/21/2021)
10/20/2021ORDER as to Ricarda Diamond unsealing the S(6) superseding information. (Signed by Judge Paul A. Engelmayer on 10/20/21)(jm) (Entered: 10/21/2021)
10/20/2021Set/Reset Hearings as to Justin Rivera: Sentencing set for 1/20/2022 at 10:30 AM before Judge Paul A. Engelmayer. (ap) (Entered: 10/20/2021)
10/20/2021MEMO ENDORSEMENT as to Justin Rivera (2) granting 915 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated October 18, 2021 re: Adjournment of Sentencing. ENDORSEMENT: GRANTED. Sentencing is adjourned to January 20, 2021 at 10:30 a.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 915. (Signed by Judge Paul A. Engelmayer on 10/20/2021) (ap) (Entered: 10/20/2021)
10/18/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated October 18, 2021 re: Adjournment of Sentencing . Document filed by Justin Rivera. (Cecutti, Anthony) (Entered: 10/18/2021)
9/27/2021ENDORSED LETTER as to (19-Cr-131-10) Kari Parker addressed to Judge Paul A. Engelmayer from AUSAs Rushmi Bhaskaran, Benjamin Woodside Schrier, Daniel H. Wolf, dated September 25, 2021 re: The Government respectfully requests, with the consent of defense counsel, that the violation-of-supervised-release ("VOSR") conference for defendant Kari Parker scheduled for September 28, 2021, be adjourned to a date and time in December 2021 that is convenient for the Court. ENDORSEMENT: GRANTED. The conference is adjourned to December 13, 2021 at 10:30 a.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 913. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/27/2021)(bw) (Entered: 09/27/2021)
9/25/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated September 25, 2021 re: Request for Adjournment of VOSR Conference . Document filed by USA as to Kari Parker. (Wolf, Daniel) (Entered: 09/25/2021)
9/20/2021MEMORANDUM in Opposition by USA as to Justin Rivera re 881 MOTION for Acquittal . MOTION for New Trial .. (Wolf, Daniel) (Entered: 09/20/2021)
9/14/2021CONSENT ORDER OF RESTITUTION as to Dwayne Anthony Conley. Dwayne Anthony Conley the Defendant, shall pay restitution in the total amount of $16,000, pursuant to 18 U.S.C. § 1593, to two of the victims of the offense charged in Count One of the Superseding Information ("Victim-1" and "Victim-2"), and to the estate of one of the victims charged in Count One of the Superseding Information (the "Estate of Victim-3") (collectively, the "Victims"). The names, addresses, and specific amounts owed to each Victim are set forth in the Schedule of Victims, attached hereto as Schedule A. Upon advice by the United States Attorney's Office for the Southern District of New York of a change of address of a Victim, the Clerk of theCourt is authorized to send payments to the new address without further order of this Court. Pursuant to 18 lJ.S.C. § 3664(i), all non-federal victims must be paid before the UnitedStates is paid. Restitution shall be paid to the Victims identified in the Schedule of Victims,attached hereto as Schedule A, on a pro rata basis, whereby each payment shall be distributed proportionally to each Victim based upon the amount of loss for each Victim, as set forth in Schedule A. (Signed by Judge Paul A. Engelmayer on 9/10/21)(jw) (Entered: 09/14/2021)
9/13/2021SCHEDULING ORDER as to Kari Parker. There is a proceeding in this matter scheduled for September 28, 2021, at 11:30 a.m. Unless and until the Court orders otherwise, the proceeding will be held in person in Courtroom 1305 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York (Signed by Judge Paul A. Engelmayer on 9/13/21)(jw) (Entered: 09/13/2021)
9/13/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated August 20, 2021 re: Motion to Reduce Geraldine Faustin's Sentence Pursuant to Rule 35(b)(1) . Document filed by USA as to Geraldine Faustin. (Bhaskaran, Rushmi) (Entered: 09/13/2021)
9/13/2021Transmission to Sealed Records Clerk: as to Geraldine Faustin. Transmitted re: 908 Endorsed Letter to the Sealed Records Clerk for the sealing or unsealing of document or case. (jw) (Entered: 09/13/2021)
9/13/2021ENDORSED LETTER as to Geraldine Faustin addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran, Thomas Burnett, Benjamin Woodside Schrier and Daniel H. Wolf dated 9/10/21 re: The Government respectfully submits this letter to request that the Court unseal: (1) the Government's August 20, 2021 Rule 35 Motion for Geraldine Faustin; and (2) Mr. Kaleys September 2, 2021 letter in support of that Motion....ENDORSEMENT: The Court agrees that the parties Rule 35 submission do not justify sealing and directs the parties to file these materials forthwith on the docket of the case. (Signed by Judge Paul A. Engelmayer on 9/13/21)(jw) (Entered: 09/13/2021)
9/10/2021JUDGMENT IN A CRIMINAL CASE as to Dwayne Anthony Conley (3). The Defendant pleaded guilty to counts 1sss & 2sss of the S9 Information. All open counts are dismissed on the motion of the United States. IMPRISONMENT: One hundred thirty-two (132) months; Sixty months on count 1sss and one hundred thirty-two (132) months on count 2sss, these terms to run concurrently. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant designated to as close to the New York City as possible to facilitate family visits. The Court also recommends that the defendant be designated to a facility where he can receive proper medical attention for his medical needs. The Court finally recommends that the defendant be placed in any mental health program for which he is eligible. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Five (5) years: three (3) years on count 1sss, and five (5) years on count 2sss, these terms to run concurrently. ASSESSMENT: $200.00 due immediately. RESTITUTION: $16,000.00. (Signed by Judge Paul A. Engelmayer on 9/10/2021) (lnl) (Entered: 09/10/2021)
9/10/2021DISMISSAL OF COUNTS on Government Motion as to Dwayne Anthony Conley (3) Count 1,1ss,4s. (lnl) (Entered: 09/10/2021)
9/10/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Sentencing held on 9/10/2021 for Dwayne Anthony Conley (3) Count 1sss,2sss. Defendant present (in custody) with attorneys, Samuel Gregory & Zachary Taylor. AUSA Benjamin Woodside Schrier present. Court reporter present. See judgment. (ajs) (Entered: 09/10/2021)
9/8/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Rule 35 Re-sentencing as to Geraldine Faustin held on 9/8/2021. Defendant present (on bond) with attorney, John Kaley. AUSAs Rushmi Bhaskaran & Elizabeth Espinosa present. Court reporter present. See judgment. (ajs) (Entered: 09/08/2021)
9/8/2021AMENDED JUDGMENT IN A CRIMINAL CASE as to Geraldine Faustin (7). (Signed by Judge Paul A. Engelmayer on 9/8/2021) (See AMENDED JUDGMENT as set forth) (lnl) (Entered: 09/08/2021)
9/3/2021MEMO ENDORSEMENT as to Dwayne Anthony Conley on re: 904 LETTER by USA as to Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated September 2, 2021 re: Sentencing. ENDORSEMENT: The Court appreciates this letter and is persuaded that there are no factual disputes requiring resolution before imposition of sentence. Sentencing remains scheduled for September 10, 2021. (Signed by Judge Paul A. Engelmayer on 9/3/2021) (ap) (Entered: 09/03/2021)
9/2/2021 LETTER by USA as to Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated September 2, 2021 re: Sentencing Document filed by USA. (Schrier, Benjamin) (Entered: 09/02/2021)
8/31/2021 LETTER by Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Zachary S. Taylor dated August 31, 2021 re: Victim-3's jail calls with her mother (Attachments: # 1 Victim-3 jail call transcripts)(Taylor, Zachary) (Entered: 08/31/2021)
8/25/2021SCHEDULING ORDER as to Anthony Darby. The Court schedules sentencing in this case for August 31, 2021 at 11:15 a.m. in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. (Sentencing set for 8/31/2021 at 11:15 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/25/21)(jw) (Entered: 08/25/2021)
8/24/2021ORDER as to Dwayne Anthony Conley. The Court reschedules Mr. Conley's sentencing for Friday, September 10, 2021, at 11:00 a.m. To assist the Court in preparing for sentencing, the Court directs counsel, by the close of business on September 7, 2021, to file a joint letter on the docket of this case identifying any factual disputes which either party regards as potentially material to sentencing. These should include, inter alia, disputes as to facts set out in the PSR or disputes as to facts contained in letters from third parties submitted in connection with sentencing,e.g., the letter recently submitted by the mother of a victim.( Sentencing set for 9/10/2021 at 11:00 AM before Judge Paul A. Engelmayer.). (Signed by Judge Paul A. Engelmayer on 8/24/21)(jw) (Entered: 08/24/2021)
8/24/2021ORDER as to Dwayne Anthony Conley. Judge Engelmayer regrettably must adjourn tomorrows sentencing, to attend a funeral outside of New York City for a friend who passed away this morning. The Court regrets the inconvenience to the parties and counsel. The Court;s deputy will be in touch with counsel to arrange a new sentencing date, including to determine whether sentencing can occur on Thursday, August 25, 2021. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/24/21)(jw) (Entered: 08/24/2021)
8/23/2021MEMO ENDORSEMENT 898 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated August 23, 2021 re: Return of Laptop to Justin Rivera to Review Discovery and Assist in Preparing Appeal...ENDORSEMENT...DENIED. Mr. Rivera has repeatedly violated BOP rules, including with respect to the use of contraband cellphones; cannot be trusted to limit hisuse and dissemination of materials on a laptop to permitted uses; and, having been convicted at trial,no longer requires laptop access in his cell in order to prepare for an upcoming trial. The Clerk of Court is requested to terminate the motion at Dkt. No 898. SO ORDERED (Signed by Judge Paul A. Engelmayer on 8/23/21) (jw) (Entered: 08/23/2021)
8/23/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated August 23, 2021 re: Return of Laptop to Justin Rivera to Review Discovery and Assist in Preparing Appeal . Document filed by Justin Rivera. (Cecutti, Anthony) (Entered: 08/23/2021)
8/23/2021MEMO ENDORSEMENT 896 LETTER MOTION addressed to Judge Paul A. Engelmayer from Zachary S. Taylor dated August 23, 2021 re: request for adjournment of sentencing...ENDORSEMENT...DENIED. The Court declines to adjourn Wednesday's sentencing hearing for defendant Dwayne Anthony Conley. The Court regards it as productive for the sentencing hearing at least to commence, because independent of the letter recently submitted by the mother of Victim-3 - there appear from the Presentence Report to be material factual disputes regarding Mr. Conleys conduct towards Victim-3 which require resolution, and which have potential to require the scheduling of a Fatico hearing. See, e.g., PSR 15, 31 and PSR page 32 (addendum). Counsel should be prepared to address at the hearing the means by which those disputes are to be resolved, as well as any disputes regarding the particular factual allegations made by the mother of Victim-3. The Court will determine at Wednesday's hearing whether it will be possible for sentencing to be completed that day, or whether factors such as unresolved factual disputes require an adjournment. The Clerk of Court is requested to terminate the motion at Dkt. No. 896. (Signed by Judge Paul A. Engelmayer on 8/23/21) (jw) (Entered: 08/23/2021)
8/23/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Zachary S. Taylor dated August 23, 2021 re: request for adjournment of sentencing . Document filed by Dwayne Anthony Conley. (Taylor, Zachary) (Entered: 08/23/2021)
8/23/2021 LETTER by USA as to Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated August 22, 2021 re: Victim Impact Statement Document filed by USA. (Schrier, Benjamin) (Entered: 08/23/2021)
8/20/2021SENTENCING SUBMISSION by USA as to Dwayne Anthony Conley. (Schrier, Benjamin) (Entered: 08/20/2021)
8/19/2021SCHEDULING ORDER as to Geraldine Faustin: The Court schedules a conference in this case for September 8, 2021 at 12:00 p.m. in Coutroom 1305 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. For the safety of all involved, the Court requests that members of the public who wish to attend this conference use the following dial in information to access the conference; call 888-363-4749 and use access code 468-4906. SO ORDERED. (Status Conference set for 9/8/2021 at 12:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 8-19-2021) (lnl) (Entered: 08/19/2021)
8/19/2021SCHEDULING ORDER as to Dwayne Anthony Conley: The Court schedules sentencing in this case for August 25, 2021 at 10:00 a.m. in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. For the safety of all involved, the Court requests that members of the public who wish to attend this conference use the following dial in information to access the conference; call 888-363-4749 and use access code 468-4906. SO ORDERED. (Sentencing set for 8/25/2021 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 8/19/2021) (lnl) (Entered: 08/19/2021)
8/18/2021ENDORSED LETTER as to (19-Cr-131-3) Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from AUSAs Rushmi Bhaskaran, Thomas Burnett, Benjamin Woodside Schrier, Daniel H. Wolf, dated August 17, 2021 re: The Government respectfully writes to request a two-day adjournment of the Government's deadline to file its sentencing submission, which is currently due tomorrow, August 18, 2021. The revised deadline that the Government is requesting would be Friday, August 20, 2021. ENDORSEMENT: GRANTED. Upon review of the Government's sentencing submission, the Court will determine whether it is realistic to proceed with Mr. Conley's sentencing on August 25, 2021, as scheduled, or whether to briefly adjourn that sentencing in order to give the Court further time to prepare. The Clerk of Court is requested to terminate the motion at Dkt. No. 889. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/18/2021)(bw) (Entered: 08/18/2021)
8/17/2021 LETTER by USA as to Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated August 17, 2021 re: Request for Two-Day Adjournment of Deadline for Sentencing Submission Document filed by USA. (Wolf, Daniel) (Entered: 08/17/2021)
8/11/2021 LETTER by Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Zachary S. Taylor dated August 11, 2021 re: additional letter of support in connection with sentencing (Attachments: # 1 Brionna Conley Letter of Support)(Taylor, Zachary) (Entered: 08/11/2021)
8/11/2021SENTENCING SUBMISSION by Dwayne Anthony Conley. (Attachments: # 1 Exhibit Willard Drug Treatment Campus Records, # 2 Exhibit Transcript of calls with Victim-3, # 3 Exhibit Audio recording of call with Lorenzo Randall, # 4 Exhibit Transcript of call with Lorenzo Randall, # 5 Exhibit Letters of Support, # 6 Exhibit BOP Certificates Suicide Watch, # 7 Exhibit BOP Medical File, # 8 Exhibit NYDOC Medical Record, # 9 Exhibit March 27, 2020 email re: COVID risk, # 10 Exhibit Report of Dr. Alexander Bardey, # 11 Exhibit Article: African American Health and Posttraumatic Slave Syndrome)(Taylor, Zachary) (Entered: 08/11/2021)
8/10/2021MEMO ENDORSEMENT as to (19-Cr-131-2) Justin Rivera on re: 885 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from AUSA Daniel H. Wolf dated August 10, 2021 re: Letter from Irene Chan, BOP. ENDORSEMENT: Granted. The Court lifts its order giving defendant Rivera access to a laptop in his cell, as such was justified by Rivera's then-upcoming but now-concluded trial. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/10/2021)(bw) (Entered: 08/10/2021)
8/10/2021 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated August 10, 2021 re: Letter from Irene Chan, BOP Document filed by USA. (Attachments: # 1 Letter from Irene Chan, BOP)(Wolf, Daniel) (Entered: 08/10/2021)
8/4/2021Set/Reset Hearings as to Anthony Darby: Sentencing set for 8/31/2021 at 11:15 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.. (ajs) (Entered: 08/04/2021)
8/4/2021Terminate Deadlines and Hearings as to Anthony Darby:. (ajs) (Entered: 08/04/2021)
8/4/2021Terminate Deadlines and Hearings as to Anthony Darby (9): Terminated Status Conference set for 8/6/2021 at 11:00 a.m. before Judge Paul A. Engelmayer. (bw) (Entered: 08/04/2021)
8/4/2021ENDORSED LETTER as to (19-Cr-131-9) Anthony Darby addressed to Judge Paul A. Engelmayer from AUSAs Daniel H. Wolf / Benjamin Woodside Schrier, dated August 3, 2021 re: Request for Sentencing Adjournment. ENDORSEMENT: GRANTED. Sentencing is adjourned to August 31, 2021 at 11:15 a.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/4/2021)(bw) (Entered: 08/04/2021)
8/3/2021 LETTER by USA as to Anthony Darby addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated August 3, 2021 re: Request for Sentencing Adjournment Document filed by USA. (Wolf, Daniel) (Entered: 08/03/2021)
8/2/2021MEMORANDUM in Support by Justin Rivera re 881 MOTION for Acquittal . MOTION for New Trial .. (Cecutti, Anthony) (Entered: 08/02/2021)
8/2/2021 MOTION for Acquittal ., MOTION for New Trial . Document filed by Justin Rivera. (Cecutti, Anthony) (Entered: 08/02/2021)
7/28/2021ORDER as to (19-Cr-131-09) Anthony Darby. The conference scheduled for August 6, 2021 at 11:00 a.m., is to occur as a video/teleconference using the Zoom platform. As requested, defense counsel will 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. To optimize the quality of the video feed, the Court, the Defendant, and defense counsel will appear by video for the proceeding; all others will participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling 646-828-7666 and using access code 1618294877#. In advance of the conference, Chambers will email the parties with further information on how to access the conference. Those participating by video will be provided a link to be pasted into their browser. The link should be used only at the time of the conference because using it earlier could result in disruptions to other proceedings....[*** See this Order ***]... 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, 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 the Defendant's physical 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. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/28/2021)(bw) (Entered: 07/28/2021)
7/22/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to Anthony Darby held on 7/22/2021. Defendant presented late (in custody) with attorney, Valerie Gotlieb. AUSA Daniel Wolf present. Court reporter present. Sentencing rescheduled for 8/6/2021 @ 11:00 AM. See transcript. Sentencing set for 8/6/2021 at 11:00 AM before Judge Paul A. Engelmayer. (ajs) (Entered: 07/22/2021)
7/15/2021Set/Reset Deadlines/Hearings as to Kari Parker: Status Conference set for 9/28/2021 at 11:30 AM before Judge Paul A. Engelmayer (jw) (Entered: 07/15/2021)
7/15/2021MEMO ENDORSEMENT re: 878 FIFTH LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated July 15, 2021 re: request to adjourn conference...ENDORSEMENT...Granted. The Court adjourn next week's conference and sets a next conference in this case for September 28, 2021 at 11:30am. The Court wishes counsel a good summer. The Clerk of Court is requested to terminate the motion at Dkt. No. 878. (Signed by Judge Paul A. Engelmayer on 7/15/21) (jw) (Entered: 07/15/2021)
7/15/2021FIFTH LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated July 15, 2021 re: request to adjourn conference . Document filed by Kari Parker. (Parker, Daniel) (Entered: 07/15/2021)
7/14/2021ORDER as to Anthony Darby. The conference scheduled for July 22, 2021 at 11:00 a.m., is to occur as a video/teleconference using the Zoom platform. To optimize the quality of the video feed, the Court, the Defendant, and defense counsel will appear by video for the proceeding; all others will participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling 646-828-7666 and using access code 1618294877# (Sentencing set for 7/22/2021 at 11:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 7/14/21)(jw) (Entered: 07/14/2021)
7/13/2021JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) as to Magen Moreau (11). The defendant admitted guilt to violation of condition(s) 3 of the term of supervision. Supervised release for a term of Three Years. The Court does not revoke supervised release but adds the following: Every month, beginning August 1, 2021 the defendant shall pay $25, or 10% of her monthly income, whichever is higher, toward her restitution balance. (Signed by Judge Paul A. Engelmayer on 7/13/21)(jbo) (Entered: 07/13/2021)
7/13/2021SCHEDULING ORDER as to Kari Parker. The Court schedules supervised release violation hearing in this case for July 21, 2021 at10:30 a.m. in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul- engelmayer. For the safety of all involved, the Court requests that members of the public who wish to attend this conference use the following dial in information to access the conference; call 888-363-4749 anduse access code 468-4906 (Revocation of Supervised Release set for 7/21/2021 at 10:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.). (Signed by Judge Paul A. Engelmayer on 7/13/21)(jw) (Entered: 07/13/2021)
7/13/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer: TelephonicFinal Hearing re Revocation of Supervised Release as to Magen Moreau held on 7/13/2021. Defendant present (on SR), with attorney Cesar De Castro. AUSA Daniel Wolf present. EDNY PO Stephen Sanford present. SDNY PO Zondra Jackson present. Court reporter present. All parties present via telephone. Defendant's in person appearance waived. Defendant sworn, changes plea of not guilty to GUILTY on Specification 3. See judgment. (ajs) (Entered: 07/13/2021)
7/13/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Magen Moreau re: Conference (Signed by Judge Paul A. Engelmayer on 7/13/21)(jw) (Entered: 07/13/2021)
7/12/2021SCHEDULING ORDER as to Magen Moreau. The Court schedules a telephonic conference in this case for July 13, 2021 at 2:00 p.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906.(Status Conference set for 7/13/2021 at 02:00 PM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 7/12/21)(jw) (Entered: 07/12/2021)
7/7/2021 LETTER by USA as to Anthony Darby addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated July 7, 2021 re: Court's Order of July 6, 2021 Document filed by USA. (Wolf, Daniel) (Entered: 07/07/2021)
7/6/2021ORDER as to Kari Parker: There is a proceeding in this matter scheduled for July 21, 2021. Counsel are directed to confer and, within two business days of this Order, submit a joint letter indicating their views on whether the proceeding should be held or if it should be adjourned (and, if so, for how long). If either party believes that the proceeding should be held, counsel should explain why and indicate their views on (1) whether the proceeding should be held in person or remotely; and (2) whether, if permitted under the Constitution, the Federal Rules, and the CARES Act, the Defendant consents to a remote proceeding and/or to waiving his/her appearance altogether. If the Defendant is detained, counsel should identify the facility in which the Defendant is held, and the Defendant's United States Marshal number; if the Defendant is not detained, counsel should indicate whether the Defendant would be capable of participating in a remote proceeding. Counsel is advised that, for the foreseeable future, some facilities (including the Metropolitan Correctional Center and the Metropolitan Detention Center) may require that any inmate appearing in court be quarantined for 14 days upon returning from their appearance. After reviewing the parties' joint letter, the Court will issue an order indicating whether the proceeding will be held and, if so, how; and addressing any other relevant deadlines and information. If a proceeding is held, it may have to be at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the currently scheduled proceeding that they would be available for a proceeding, whether in person or remote. In the event of a remote proceeding, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. (Signed by Judge Paul A. Engelmayer on 7/6/2021) (ap) (Entered: 07/06/2021)
7/6/2021ORDER as to Anthony Darby: There is a proceeding in this matter scheduled for July 21, 2021. Counsel are directed to confer and, within two business days of this Order, submit a joint letter indicating their views on whether the proceeding should be held or if it should be adjourned (and, if so, for how long). If either party believes that the proceeding should be held, counsel should explain why and indicate their views on (1) whether the proceeding should be held in person or remotely; and (2) whether, if permitted under the Constitution, the Federal Rules, and the CARES Act, the Defendant consents to a remote proceeding and/or to waiving his/her appearance altogether. If the Defendant is detained, counsel should identify the facility in which the Defendant is held, and the Defendant's United States Marshal number; if the Defendant is not detained, counsel should indicate whether the Defendant would be capable of participating in a remote proceeding. Counsel is advised that, for the foreseeable future, some facilities (including the Metropolitan Correctional Center and the Metropolitan Detention Center) may require that any inmate appearing in court be quarantined for 14 days upon returning from their appearance. After reviewing the parties' joint letter, the Court will issue an order indicating whether the proceeding will be held and, if so, how; and addressing any other relevant deadlines and information. If a proceeding is held, it may have to be at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the currently scheduled proceeding that they would be available for a proceeding, whether in person or remote. In the event of a remote proceeding, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. (Signed by Judge Paul A. Engelmayer on 7/6/2021) (ap) (Entered: 07/06/2021)
7/2/2021Set/Reset Deadlines/Hearings as to Dwayne Anthony Conley: Sentencing set for 8/25/2021 at 10:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer (jw) (Entered: 07/02/2021)
7/2/2021MEMO ENDORSEMENT LETTER MOTION addressed to Judge Paul A. Engelmayer from Zachary S. Taylor dated July 2, 2021 re: Adjournment of Sentencing Date...ENDORSEMENT...GRANTED. Sentencing is adjourned to August 25, 2021 at 10:30 a.m. in Coutroom 1305 of the Thurgood Marshall Courthouse,40 Foley Square, New York, NY. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https:// www.nysd.uscourts.gov/hon-paul-engelmayer. For the safety of all involved, the Court requests that members of the public who wish to attend this conference use the following dial in information to access the conference; call 888-363-4749 and use access code 468-4906. Theparties shall file their sentencing submissions in accordance with the Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 868. (Signed by Judge Paul A. Engelmayer on 7/2/21) (jw) (Entered: 07/02/2021)
7/2/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Zachary S. Taylor dated July 2, 2021 re: Adjournment of Sentencing Date . Document filed by Dwayne Anthony Conley. (Taylor, Zachary) (Entered: 07/02/2021)
6/29/2021ORDER as to Magen Moreau. There is a proceeding in this matter scheduled for July 15, 2021, at 2:30 p.m. Unless and until the Court orders otherwise, the proceeding will be held in person in Courtroom 1305 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York (Signed by Judge Paul A. Engelmayer on 6/29/21)(jw) (Entered: 06/29/2021)
6/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Trial proceeding held on 6/14/21 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 Justin Rivera re: Trial held on 6/14/21 before Judge Paul A. Engelmayer. 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 7/14/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/21/2021. (McGuirk, Kelly) (Entered: 06/23/2021)
6/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Trial proceeding held on 6/11/21 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 Justin Rivera re: Trial held on 6/11/21 before Judge Paul A. Engelmayer. 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 7/14/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/21/2021. (McGuirk, Kelly) (Entered: 06/23/2021)
6/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Trial proceeding held on 6/10/21 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 Justin Rivera re: Trial held on 6/10/21 before Judge Paul A. Engelmayer. 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 7/14/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/21/2021. (McGuirk, Kelly) (Entered: 06/23/2021)
6/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Trial proceeding held on 6/9/21 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.... (McGuirk, Kelly) (Entered: 06/23/2021)
6/23/2021TRANSCRIPT of Proceedings as to Justin Rivera re: Trial held on 6/9/21 before Judge Paul A. Engelmayer. 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 7/14/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/21/2021. (McGuirk, Kelly) (Entered: 06/23/2021)
6/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Trial proceeding held on 6/8/21 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 Justin Rivera re: Trial held on 6/8/21 before Judge Paul A. Engelmayer. 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 7/14/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/21/2021. (McGuirk, Kelly) (Entered: 06/23/2021)
6/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Trial proceeding held on 6/7/21 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: 06/23/2021)
6/23/2021TRANSCRIPT of Proceedings as to Justin Rivera re: Trial held on 6/7/21 before Judge Paul A. Engelmayer. 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 7/14/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/21/2021. (McGuirk, Kelly) (Entered: 06/23/2021)
6/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Trial proceeding held on 6/4/21 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.... (McGuirk, Kelly) (Entered: 06/23/2021)
6/23/2021TRANSCRIPT of Proceedings as to Justin Rivera re: Trial held on 6/4/21 before Judge Paul A. Engelmayer. 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 7/14/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/21/2021. (McGuirk, Kelly) (Entered: 06/23/2021)
6/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Trial proceeding held on 6/3/21 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 Justin Rivera re: Trial held on 6/3/21 before Judge Paul A. Engelmayer. 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 7/14/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/21/2021. (McGuirk, Kelly) (Entered: 06/23/2021)
6/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Trial proceeding held on 6/2/21 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 Justin Rivera re: Trial held on 6/2/21 before Judge Paul A. Engelmayer. 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 7/14/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/21/2021. (McGuirk, Kelly) (Entered: 06/23/2021)
6/15/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Geraldine Faustin. Notice is hereby given that an official transcript of a Conference proceeding held on 5/12/21 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: 06/15/2021)
6/15/2021TRANSCRIPT of Proceedings as to Geraldine Faustin re: Conference held on 5/12/21 before Judge Paul A. Engelmayer. 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 7/6/2021. Redacted Transcript Deadline set for 7/16/2021. Release of Transcript Restriction set for 9/13/2021. (McGuirk, Kelly) (Entered: 06/15/2021)
6/14/2021Order of Referral to Probation for Presentence Investigation and Report as to Justin Rivera. (Signed by Judge Paul A. Engelmayer on 6/14/2021)(ajs) (Entered: 06/14/2021)
6/14/2021SCHEDULING ORDER as to Justin Rivera. For the reasons stated on the record at today's conference, the Court sets the following schedule: Any post trial motions shall be filed by August 2, 2021. Responses to any post trial motions shall be filed by September 20, 2021. Sentencing is scheduled for November 9, 2021 at 10:00 a.m. in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. (Motions due by 8/2/2021. Responses due by 9/20/2021. Sentencing set for 11/9/2021 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 6/14/2021) (ap) (Entered: 06/14/2021)
6/14/2021ORDER as to Justin Rivera: Attached to this Order are the following: Exhibit 1: The notes sent by the jury during its deliberations; and Exhibit 2: The jury's verdict form. (Signed by Judge Paul A. Engelmayer on 6/14/2021) (ap) (Entered: 06/14/2021)
6/14/2021ORDER as to Justin Rivera: Attached to this Order are the following Court Exhibits: Exhibit 1: A redacted letter filed by the Government on June 7, 2021. Exhibit 2: A redacted version of an email from the defendant's mother, Leticia Rivera, sent to the Court on June 10, 2021. Exhibit 3: The draft jury charge dated June 10, 2021. Exhibit 4: The jury charge discussed on June 11, 2021. Exhibit 5: The verdict form. Exhibit 6: The Government's witness list. Exhibit 7: The trial indictment. Exhibit 8: The Government's PowerPoint presentation used during its closing argument. Exhibit 9: The final jury charge read into the record on June 11, 2021. Exhibit 10: The Government's PowerPoint presentation used during its rebuttal argument. (Signed by Judge Paul A. Engelmayer on 6/14/2021) (ap) (Entered: 06/14/2021)
6/14/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to Justin Rivera held on 6/14/2021. Defendant present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune & Anna Sideris, paralegals Kestine Thiele & Shannon McManus present. AUSAs Daniel Wolf & Thomas Burnett present. Court reporter present. See transcript. Sentencing set for 11/9/2021 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ajs) (Entered: 06/14/2021)
6/11/2021JURY VERDICT as to Justin Rivera (2) Guilty on Count 1. (ajs) (Entered: 06/14/2021)
6/11/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to Justin Rivera held on 6/11/2021. Defendant present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune & Anna Sideris, paralegals Kestine Thiele & Shannon McManus present. AUSAs Daniel Wolf, Thomas Burnett & Negar Tekeei present, with paralegal specialist Soobean Jo. Court reporter present. Closing arguments. Jury charged. Marshal sworn. Jury deliberations begin. The jury has reached a verdict. The jury finds defendant guilty on count 1. See transcript. (ajs) (Entered: 06/14/2021)
6/10/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to Justin Rivera held on 6/10/2021. Defendant present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune & Anna Sideris, paralegals Kestine Thiele & Shannon McManus present. AUSAs Daniel Wolf, Thomas Burnett & Negar Tekeei present, with paralegal specialist Soobean Jo. Court reporter present. Government rests. Defense rests. Charge conference held. Trial continued to 6/11/2021. (ajs) (Entered: 06/11/2021)
6/9/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to Justin Rivera held on 6/9/2021. Defendant present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune & Anna Sideris, paralegals Kestine Thiele & Shannon McManus present. AUSAs Daniel Wolf, Thomas Burnett & Negar Tekeei present, with paralegal specialist Soobean Jo. Court reporter present. Government case continued. Trial continued to 6/10/2021. (ajs) (Entered: 06/10/2021)
6/9/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 6/1/21 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: 06/09/2021)
6/9/2021TRANSCRIPT of Proceedings as to Justin Rivera re: Conference held on 6/1/21 before Judge Paul A. Engelmayer. 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 6/30/2021. Redacted Transcript Deadline set for 7/12/2021. Release of Transcript Restriction set for 9/7/2021. (McGuirk, Kelly) (Entered: 06/09/2021)
6/9/2021 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated June 7, 2021 re: Redacted Version of June 7, 2021 Letter Document filed by USA. (Wolf, Daniel) (Entered: 06/09/2021)
6/8/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to Justin Rivera held on 6/8/2021. Defendant present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune & Anna Sideris, paralegals Kestine Thiele & Shannon McManus present. AUSAs Daniel Wolf, Thomas Burnett & Negar Tekeei present, with paralegal specialist Soobean Jo. Court reporter present. Government case continued. Trial continued to 6/9/2021. (ajs) (Entered: 06/09/2021)
6/7/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to Justin Rivera held on 6/7/2021. Defendant present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune & Anna Sideris, paralegals Kestine Thiele & Shannon McManus present. AUSAs Daniel Wolf, Thomas Burnett & Negar Tekeei present, with paralegal specialist Soobean Jo. Court reporter present. Government case continued. Trial continued to 6/8/2021. (ajs) (Entered: 06/08/2021)
6/7/2021 LETTER by USA as to Lorenzo Randall addressed to Judge Paul A. Engelmayer from Thomas Burnett dated June 7, 2021 re: Defendant's Motion to Strike Certain Testimony Document filed by USA. (Burnett, Thomas) (Entered: 06/07/2021)
6/4/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to Justin Rivera held on 6/4/2021. Defendant present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune & Anna Sideris, paralegals Kestine Thiele & Shannon McManus present. AUSAs Daniel Wolf, Thomas Burnett & Negar Tekeei present, with paralegal specialist Soobean Jo. Court reporter present. Government case continued. Trial continued to 6/7/2021. See transcript. (ajs) (Entered: 06/07/2021)
6/4/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 5/25/21 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: 06/04/2021)
6/4/2021TRANSCRIPT of Proceedings as to Justin Rivera re: Conference held on 5/25/21 before Judge Paul A. Engelmayer. 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 6/25/2021. Redacted Transcript Deadline set for 7/6/2021. Release of Transcript Restriction set for 9/2/2021. (McGuirk, Kelly) (Entered: 06/04/2021)
6/4/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 5/24/21 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: 06/04/2021)
6/4/2021TRANSCRIPT of Proceedings as to Justin Rivera re: Conference held on 5/24/21 before Judge Paul A. Engelmayer. 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 6/25/2021. Redacted Transcript Deadline set for 7/6/2021. Release of Transcript Restriction set for 9/2/2021. (McGuirk, Kelly) (Entered: 06/04/2021)
6/3/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to Justin Rivera held on 6/3/2021. Defendant present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune & Anna Sideris, paralegals Kestine Thiele & Shannon McManus present. AUSAs Daniel Wolf, Thomas Burnett & Negar Tekeei present, with paralegal specialist Soobean Jo. Court reporter present. Government opening statement. Defense opening statement. Government witnesses called. Trial continued to 6/4/2021. See transcript. (ajs) (Entered: 06/07/2021)
6/3/2021AMENDED ORDER as to Justin Rivera. IT IS HEREBY ORDERED, that: 1. The Metropolitan Correction Center New York, at 150 Park Row, New York, New York 10007 must accept the following civilian clothing for Justin Rivera Register number 86815-054, for the purposes of wearing civilian clothing on trial days in U.S. v. Justin Rivera, 19 Cr. 131 (PAE), which commences on Wednesday, June 2, 2021: a. Two suits (two suit jackets and two suit pants); b. one pair of shoes; c. two dress shirts; d. two pairs of socks; e. two neck ties; f. one belt; and g. two sweaters. 2. Justin Rivera may substitute fresh clothing every week for as long as the trial lasts. (Signed by Judge Paul A. Engelmayer on 6/3/2021) (ap) (Entered: 06/03/2021)
6/3/2021SENTENCING SUBMISSION by Geraldine Faustin. (Attachments: # 1 Exhibit A-G)(Kaley, John) (Entered: 06/03/2021)
6/3/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Negar Tekeei / Daniel Wolf / Thomas Burnett dated June 2, 2021 re: Motion to Preclude Cross Examination . Document filed by USA as to Justin Rivera. (Tekeei, Negar) (Entered: 06/03/2021)
6/2/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Voir Dire held on 6/2/2021 as to Justin Rivera. Defendant present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune & Anna Sideris, paralegals Kestine Thiele & Shannon McManus present. AUSAs Daniel Wolf, Thomas Burnett & Negar Tekeei present, with paralegal specialist Soobean Jo. Jury panel sworn, voir dire began. Jury selected and sworn. Jury instructions issued. Court reporter present. See transcript. (ajs) (Entered: 06/03/2021)
6/2/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Justin Rivera dated 6/2/2021 re: Proposed Cross Examination . Document filed by Justin Rivera. (Louis-Jeune, Jennifer) (Entered: 06/02/2021)
6/1/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer: FinalPretrial Conference as to Justin Rivera held on 6/1/2021. Defendant present (in custody) with attorneys Anna Sideris, Anthony Cecutti & Jennifer Louis-Jeune. AUSAs Thomas Burnett, Daniel Wolf & Negar Tekeei, with paralegal specialist Soobean Jo. Court reporter present. See transcript. (ajs) (Entered: 06/01/2021)
5/31/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas Burnett dated May 31, 2021 re: Supplemental Motions in Limine . Document filed by USA as to Justin Rivera. (Burnett, Thomas) (Entered: 05/31/2021)
5/26/2021SCHEDULING ORDER as to Justin Rivera. The Court schedules a final pretrial conference in this case for June 1, 2021 at 10:00 a.m. in Coutroom 318 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. For the safety of all involved, the Court requests that members of the public who wish to attend this conference use the following dial in information to access the conference; call 888-363-4749 and use access code 468-4906. SO ORDERED. (Pretrial Conference set for 6/1/2021 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/26/21)(jbo) (Entered: 05/26/2021)
5/26/2021ORDER as to Justin Rivera. The Court has reviewed the parties' letters proposing specific leading questions to be put to Victim-2 at trial consistent with the Court's bench ruling yesterday authorizing limited preapproved questions with respect to Victim-2's knowledge of the prostitution trade and assistance to prostitutes prior to the period of the alleged conspiracy. See Dkt. 824 (Government letter); 825 (defense letter). The parties' proposed questions significantly overlap as to the substantive content that they propose to elicit. The Court approves the six questions drafted by the Government as the only questions that either side, or both, may put to Victim-2 at trial with respect to these subjects. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/26/21)(jbo) (Entered: 05/26/2021)
5/25/2021 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated May 25, 2021 re: Proposed Questions For Victim-2 (Cecutti, Anthony) (Entered: 05/25/2021)
5/25/2021 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Thomas Burnett dated May 25, 2021 re: Victim-2 Questions and Proposed Limiting Instruction Document filed by USA. (Burnett, Thomas) (Entered: 05/25/2021)
5/25/2021ORDER as to Justin Rivera: During conferences held on May 20, 24, and 25, the Court has issued a series of bench rulings resolving all pending motions in limine in this case. The Court's bases for these rulings are set out in the transcript of those conferences. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 776 and 777. (Signed by Judge Paul A. Engelmayer on 5/25/2021) (ap) (Entered: 05/25/2021)
5/25/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to Justin Rivera held on 5/25/2021. Defendant present (in custody) with attorneys Anna Sideris, Anthony Cecutti & Jennifer Louis-Jeune. AUSAs Thomas Burnett, Daniel Wolf & Negar Tekeei. Court reporter present. See transcript. (ajs) (Entered: 05/25/2021)
5/24/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to Justin Rivera held on 5/24/2021. Defendant present (in custody) with attorneys Anna Sideris, Anthony Cecutti & Jennifer Louis-Jeune. AUSAs Thomas Burnett, Daniel Wolf & Negar Tekeei. Court reporter present. See transcript. (ajs) (Entered: 05/25/2021)
5/24/2021 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated May 24, 2021 re: Letter Regarding Limiting Instructions and Questions Directed to Victim-2 (Cecutti, Anthony) (Entered: 05/24/2021)
5/24/2021ORDER as to Justin Rivera: IT IS HEREBY ORDERED, that: 1. The Metropolitan Correction Center New York, at 150 Park Row, New York, New York 10007 must accept the following civilian clothing for Justin Rivera Register number 86815-054, for the purposes of wearing civilian clothing on trial days in U.S. v. Justin Rivera, 19 Cr. 131 (PAE), which commences on Wednesday, June 2, 2021: a. Two suits (two suit jackets and two suit pants); b. one pair of shoes; c. two dress shirts; d. two pairs of socks; e. two neck ties; and f. one belt. 2. Justin Rivera may substitute fresh clothing every week for as long as the trial lasts. (Signed by Judge Paul A. Engelmayer on 5/24/2021) (ap) (Entered: 05/24/2021)
5/23/2021 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated May 23, 2021 re: Response to Defense Letter of May 23, 2021 Document filed by USA. (Wolf, Daniel) (Entered: 05/23/2021)
5/23/2021 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Anna Sideris dated May 23, 2021 re: recent discovery production (Sideris, Anna) (Entered: 05/23/2021)
5/22/2021 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated May 22, 2021 re: Proposed Limiting Instructions Document filed by USA. (Wolf, Daniel) (Entered: 05/22/2021)
5/21/2021 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Thomas Burnett dated May 21, 2021 re: Rule 412 and Victim-2 Document filed by USA. (Burnett, Thomas) (Entered: 05/21/2021)
5/21/2021ORDER as to Justin Rivera. It is HEREBY ORDERED that Daily trial transcripts are authorized for defense counsel to Justin Rivera in U.S. v. Justin Rivera, 19 Cr. 131 (PAE), which commences on Wednesday, June 2, 2021 (Signed by Judge Paul A. Engelmayer on 5/21/21)(jw) (Entered: 05/21/2021)
5/21/2021ORDER as to Justin Rivera. It is hereby ORDERED that "Real Time" transcripts are authorized for the trial of Justin Rivera in U.S. v. Justin Rivera, 19 Cr. 131 (PAE), which commences on Wednesday, June 2, 2021; and Up to three "Real Time" computer terminals will be at the defense table during the trial of Justin Rivera in U.S. v. Justin Rivera, 19 Cr. 131 (PAE), which commences on Wednesday, June 2, 2021. (Signed by Judge Paul A. Engelmayer on 5/21/21)(jw) (Entered: 05/21/2021)
5/21/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 4/21/21 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: 05/21/2021)
5/21/2021TRANSCRIPT of Proceedings as to Justin Rivera re: Conference held on 4/21/21 before Judge Paul A. Engelmayer. 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 6/11/2021. Redacted Transcript Deadline set for 6/21/2021. Release of Transcript Restriction set for 8/19/2021. (McGuirk, Kelly) (Entered: 05/21/2021)
5/21/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anna Sideris dated May 21, 2021 re: Requesting Orders for the MCC to accept civilian clothing; permission for defense team to bring electronics into courthouse; authorize Real Time transcripts and terminals at defense counsel table; and authorize daily trial transcripts. . Document filed by Justin Rivera. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order, # 3 Text of Proposed Order, # 4 Text of Proposed Order)(Sideris, Anna) (Entered: 05/21/2021)
5/20/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to Justin Rivera held on 5/20/2021. Defendant present (in custody) with attorneys Anna Sideris, Anthony Cecutti & Jennifer Louis-Jeune. AUSAs Thomas Burnett, Daniel Wolf & Negar Tekeei. Court reporter present. See transcript. (ajs) (Entered: 05/24/2021)
5/20/2021 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated May 20, 2021 re: Justin Rivera May 12, 2021 Pro Se Letter Document filed by USA. (Wolf, Daniel) (Entered: 05/20/2021)
5/19/2021Proposed Voir Dire Questions by Justin Rivera. (Louis-Jeune, Jennifer) (Entered: 05/19/2021)
5/19/2021Request To Charge by Justin Rivera. (Sideris, Anna) (Entered: 05/19/2021)
5/19/2021Request To Charge by USA as to Justin Rivera. (Wolf, Daniel) (Entered: 05/19/2021)
5/19/2021Proposed Voir Dire Questions by USA as to Justin Rivera. (Wolf, Daniel) (Entered: 05/19/2021)
5/19/2021SCHEDULING ORDER as to Justin Rivera. The Court schedules a hearing in this case for May 24, 2021 and May 25, 2021 at 9:30a.m. in Coutroom 1305 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. For the safety of all involved, the Court requests that members of the public who wish to attend this conference use the following dial in information to access the conference; call 888-363-4749 and use access code 468-4906 (Status Conference set for 5/24/2021 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 5/19/21)(jw) (Entered: 05/19/2021)
5/18/2021 RESPONSE in Opposition by Justin Rivera re: 777 MOTION in Limine .. (Cecutti, Anthony) (Entered: 05/18/2021)
5/18/2021 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated May 18, 2021 re: Service of May 14, 2021 Order (ECF No. 800) upon Manuel Gomez Document filed by USA. (Wolf, Daniel) (Entered: 05/18/2021)
5/17/2021 RESPONSE in Opposition by USA as to Justin Rivera re: 776 MOTION in Limine .. (Attachments: # 1 Exhibit Ltr. from Victim-2's Att'y re Motions in Limine)(Burnett, Thomas) (Entered: 05/17/2021)
5/17/2021 RESPONSE in Opposition by USA as to Justin Rivera re: 776 MOTION in Limine .. (Burnett, Thomas) (Entered: 05/17/2021)
5/17/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera held on 5/17/2021. Defendant present (in custody) with attorneys Anna Sideris, Anthony Cecutti & Jennifer Louis-Jeune. AUSAs Thomas Burnett, Daniel Wolf & Negar Tekeei. Court reporter present. See transcript. (ajs) (Entered: 05/17/2021)
5/17/2021ORDER as to Justin Rivera. The Court has received the attached handwritten letter from defendant Justin Rivera, which was furnished to the Court by defense counsel. The Court will treat the letter as a motion made by Mr. Rivera personally, as authorized by the Court at the May 12, 2021 conference. The Court directs the Government to respond to this letter, by Thursday, May 20, 2021 (Government Responses due by 5/20/2021) (Signed by Judge Paul A. Engelmayer on 5/17/21)(jw) (Entered: 05/17/2021)
5/15/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Conference proceeding held on 10/26/2020 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: 05/15/2021)
5/15/2021TRANSCRIPT of Proceedings as to Carl Andrews re: Conference held on 10/26/20 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Karen Gorlaski, (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 6/7/2021. Redacted Transcript Deadline set for 6/15/2021. Release of Transcript Restriction set for 8/13/2021. (McGuirk, Kelly) (Entered: 05/15/2021)
5/15/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Conference proceeding held on 10/21/20 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: 05/15/2021)
5/15/2021TRANSCRIPT of Proceedings as to Carl Andrews re: Conference held on 10/21/20 before Judge Paul A. Engelmayer. 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 6/7/2021. Redacted Transcript Deadline set for 6/15/2021. Release of Transcript Restriction set for 8/13/2021. (McGuirk, Kelly) (Entered: 05/15/2021)
5/15/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Conference proceeding held on 11/6/20 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: 05/15/2021)
5/15/2021TRANSCRIPT of Proceedings as to Carl Andrews re: Conference held on 11/6/20 before Judge Paul A. Engelmayer. 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 6/7/2021. Redacted Transcript Deadline set for 6/15/2021. Release of Transcript Restriction set for 8/13/2021. (McGuirk, Kelly) (Entered: 05/15/2021)
5/14/2021ORDER as to Justin Rivera. The Court this afternoon has received a letter from the Government, appropriately filed ex parte, relating information about a recent attempt to make contact with a trial witness that appears to have been unauthorized by defense counsel. The Government filed this letter in response to the Courts order of today, filed at Dkt. 793. On the basis of this letter and the information provided to the Court in advance of the May 12, 2021 hearing, the Court accordingly orders thatother than by means authorized by Anthony Cecutti, Esq., Jennifer Louis-Jeune, Esq., or Anna Sedaris, Esq. Defendant Justin Rivera not make contact, or cause any other person to make contact, with a trial witness or any of their family members or associates. For purposes of this order, "trial witness" refers to any person whose 3500 material has been disclosed, in whole or part, by the Government to the defense. For avoidance of doubt, this order specifically prohibits defendant Rivera from attempting to make contact with any trial witness or any family or associate through the use of any private investigator (including but not limited to Manuel Gomez), any person affiliated with such investigator, or any person acting at the direction of such investigator, other than through the above-identified appointed defense counsel. Violation of this Order, by Rivera, or contact with any trial witness by any person acting at Rivera's direction or on his behalf who has notbeen authorized to do so by the above-identified defense counsel, will be viewed by the Court as an act of contempt of Court, and punishable accordingly, and may separately be punishable as a violation of law. The Court is furnishing this Order to counsel in this case by email. The Court directs thatdefense counsel furnish this Order to defendant Rivera forthwith and that the Government servethis Order forthwith upon Manuel Gomez, and any other private investigator whom theGovernment believes, or may come to believe in consultation with defense counsel, is working at Rivera's direction or on his behalf without authorization from defense counsel. This Order is effective immediately, notwithstanding the time and date on which it may first be publicly docketed. It will remain in effect through the end of Rivera's trial, which is scheduled tocommence on June 2, 2021, and is subject to renewal upon application following the completion of that trial. (Signed by Judge Paul A. Engelmayer on 5/14/21)(jw) (Entered: 05/17/2021)
5/14/2021ORDER as to Justin Rivera: On May 12, 2021, the Court convened a conference to discuss representation issues that defense counsel had raised in an ex parte letter to the Court. These issues, and the conference, largely focused on concerns regarding a private investigator, Manuel Gomez, whom defendant Justin Rivera had retained without the authorization or foreknowledge, and outside the direction, of defense counsel. In advance of the hearing, the Court had received credible evidence that Gomez, who had been similarly retained by Rivera's former co-defendant Carl Andrews, had engaged in witness tampering in connection with Andrews's upcoming trial in the Eastern District of New York, requiring, inter alia, the withdrawal of Andrews's counsel and the adjournment of Andrews's jury trial. At the May 12, 2021 conference, the Court was assured to learn that (1) the Government does not, to date, have evidence that any prospective witnesses in Rivera's case, or their families, have been contacted by Gomez or persons associated with him; (2) defense counsel unequivocally repudiates the use of Gomez in connection with this matter; and (3) according to Rivera, he has terminated the services of Gomez. The Court stands ready to consider any well-founded application for injunctive relief as to the activities of Gomez and persons associated with him. In all events, even absent the entry of injunctive relief, the Court notifies counsel and the parties of the following. 1. The Court expects that trial witnesses have been notified of their rights and of appropriate persons to contact in the event of untoward activity towards them. 2. The Court expects to be alerted immediately in the event of any report of misconduct, including attempts to tamper with or intimidate witnesses or their families. 3. The Court notifies Rivera that witness tampering or misconduct by Gomez or persons associated with him, or any other person determined to have been acting as an agent of Rivera, may result in a variety of adverse consequences to Rivera. These include (1) the disqualification of Rivera's present counsel; (2) the adjournment of this trial; (3) the consideration by prosecutive authorities of additional charges against Rivera, and against persons associated with Rivera determined to be responsible for any conduct; and (4) the consideration of such conduct in connection with any sentencing proceeding that, in the event of a conviction, may be held in this case. 4. The Court notifies Gomez that this Court will not tolerate, and will respond decisively to, any witness tampering or other misconduct. The Court directs Rivera's counsel to furnish a copy of this Order on Rivera, and directs the Government to serve a copy of this Order forthwith on Gomez. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/14/2021) (lnl) (Entered: 05/14/2021)
5/13/2021 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated May 13, 2021 re: Response to Request at May 12, 2021 Conference Document filed by USA. (Wolf, Daniel) (Entered: 05/13/2021)
5/13/2021JUDGMENT IN A CRIMINAL CASE as to Geraldine Faustin (7). The Defendant pleaded guilty to count One (1) of the S7 Information. All open counts are dismissed on the motion of the United States. IMPRISONMENT: Twenty-four (24) months. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be designed to FCI Danbury, or, failing that, a facility as close to the NewYork City area as possible. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 pm.m. on 7/20/2021. SUPERVISED RELEASE: Three (3) years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Paul A. Engelmayer on 5/12/2021) (lnl) (Entered: 05/13/2021)
5/13/2021DISMISSAL OF COUNTS on Government Motion as to Geraldine Faustin (7) Count 2. (lnl) (Entered: 05/13/2021)
5/13/2021SCHEDULING ORDER as to Justin Rivera: The Court schedules a telephonic conference in this case for May 17, 2021 at 10:30 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Telephone Conference set for 5/17/2021 at 10:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 5/13/2021) (lnl) (Entered: 05/13/2021)
5/13/2021CONSENT ORDER OF RESTITUTION as to Geraldine Faustin. (Signed by Judge Paul A. Engelmayer on 5/12/2021) (See ORDER as set forth) (lnl) (Entered: 05/13/2021)
5/12/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to Justin Rivera held on 5/12/2021. Defendant present (in custody) with attorneys Anna Sideris, Anthony Cecutti & Jennifer Louis-Jeune. AUSAs Thomas Burnett, Daniel Wolf & Negar Tekeei. Court reporter present. See transcript. (ajs) (Entered: 05/13/2021)
5/12/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 4/26/21 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: 05/12/2021)
5/12/2021TRANSCRIPT of Proceedings as to Justin Rivera re: Conference held on 4/26/21 before Judge Paul A. Engelmayer. 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 6/2/2021. Redacted Transcript Deadline set for 6/14/2021. Release of Transcript Restriction set for 8/10/2021. (McGuirk, Kelly) (Entered: 05/12/2021)
5/12/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Sentencing held on 5/12/2021 for Geraldine Faustin (7) Count 1s. Defendant present (on bond) with attorney, John Kaley. AUSAs Benjamin Schrier & Rushmi Bhaskaran present. Court reporter present. See judgment. (ajs) (Entered: 05/12/2021)
5/12/2021SCHEDULING ORDER as to Justin Rivera: The Court schedules a pretrial conference in this case for May 20, 2021 at 11:00 a.m. in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. For the safety of all involved, the Court requests that members of the public who wish to attend this conference use the following dial in information to access the conference; call 888-363-4749 and use access code 468-4906. SO ORDERED. (Pretrial Conference set for 5/20/2021 at 11:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 5/12/2021) (lnl) (Entered: 05/12/2021)
5/12/2021 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated May 12, 2021 re: Response to May 10, 2021 Order (ECF No. 781) Document filed by USA. (Wolf, Daniel) (Entered: 05/12/2021)
5/11/2021ORDER as to Geraldine Faustin: Sentencing in the above-captioned case is scheduled for Wednesday, May 12, 2021, at 11 am. In preparing for sentencing, the Court has noted a significant factual dispute between the parties. According to the presentence report, the defense disputes the factual representation in paragraph 38 of the PSR that "Faustin played a significant role in the sex-trafficking ofVictim-4." For avoidance of doubt, the Court is inclined to credit in full the trial testimony ofVictim-4 at the March 2020 trial of Carl Andrews with respect to the activities of Ms. Faustin relating to Victim-4, and on that basis to find established the facts set forth in paragraph 38. These facts are highly material to Ms. Faustin's sentencing (and are not reflected in the advisory sentencing guidelines range, which is based on the narcotics guideline). The Court will inquire, early in tomorrow's sentencing proceeding, whether the defense disputes any of these facts. If so, given their significance, the Court will defer sentencing and schedule a prompt Fatico hearing. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/11/2021) (lnl) (Entered: 05/11/2021)
5/11/2021ORDER as to Geraldine Faustin: The Court reschedules the in-person sentencing hearing in this case, previously scheduled for May 12, 2021 at 2:30 p.m., for the same day, May 12, 2021, at 11 am. The parties are directed to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. For the safety of all involved, the Court requests that members of the public who wish to attend this conference use the following dial in information: call 888-363- 4749 and use access code 468-4906, followed by the pound(#) key. SO ORDERED. (Status Conference set for 5/12/2021 at 11:00 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 5/11/2021) (lnl) (Entered: 05/11/2021)
5/11/2021ORDER as to Justin Rivera: The Court schedules an in-person conference in this case for May 12, 2021, at 2 p.m., to address, inter alia, representation issues raised by defense counsel's ex parte letter of May 10, 2021. That conference will take place in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. In advance of the conference, the parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. For the safety of all involved, the Court requests that members of the public who wish to attend this conference use the following dial in information: call 888-363- 4749 and use access code 468-4906, followed by the pound(#) key. Given the representation issues raised in the defense's recent ex parte submission, the Court expects that portions of the conference will require ex parte discussions with the Court and defense only, which will not be accessible to either the Government or the public. In light of this conference, the Court cancels the weekly telephonic case-management conference currently scheduled for May 12, 2021, at 9 a.m. The Court will take up, at tomorrow's 2 p.m. conference, the issues that the Court had intended to raise on that call. SO ORDERED. (Status Conference set for 5/12/2021 at 02:00 PM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 5/11/2021) (lnl) (Entered: 05/11/2021)
5/10/2021ORDER as to Justin Rivera: The Court understands that issues have arisen in the related prosecution of Carl Andrews relating to the retention and use, unauthorized by appointed defense counsel in that case, of an investigator named Manuel Gomez. The Court would welcome a letter from the Government summarizing the relevant history with respect to Mr. Gomez's use in the Andrews case and outlining the options available to this Court should it be determined that Mr. Gomez has similarly been retained, without the authorization of appointed counsel, by or on behalf of defendant Justin Rivera in this case. In the event the Government believes that such a determination would merit the issuance of a court order, the Court would welcome receiving a draft of such an order. To enable the Court to prepare for the emergency in-person conference regarding the defense representation in this case, which the Court has been notified is likely to be held on 2 p.m. on Wednesday, May 12, 2021, the Court directs the Government to file its response by 10 a.m. on Wednesday, May 12, 2021. In the event that aspects of the Government's submission are properly filed on an ex parte or on an attorneys' eyes only basis, the Government is at liberty to so redact its submission. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/10/2021) (lnl) (Entered: 05/11/2021)
5/10/2021ORDER as to Justin Rivera: The Court has received an ex parte letter from counsel for defendant Justin Rivera, stating that counsel seeks, and indeed is required, to withdraw from representing Mr. Rivera on account of recent conduct by Mr. Rivera. For avoidance of doubt, the Court will not adjourn Mr. Rivera's trial, which is scheduled to commence on June 2 and with respect to which Mr. Rivera has recently received highly sensitive 3500 material from the Government. All deadlines in this case remain in place, as does the weekly teleconference in this case scheduled for Wednesday, May 12, 2021, at 9 am. The Court will, however, urgently schedule an in-person conference to address the matters addressed in the defense letter, which the Court will seek to schedule as early as Wednesday, May 12, or Thursday, May 13. Defense counsel, Mr. Rivera, and Government counsel will be required to attend the conference, although the Court anticipates that portions of the conference will require ex parte discussions with the Court and defense only. The Court's deputy will notify counsel as soon as a date has been set for this conference. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/10/2021) (lnl) (Entered: 05/11/2021)
5/6/2021SCHEDULING ORDER as to Justin Rivera. The Court schedules a telephonic conference in this case for May 12, 2021 at 9:00 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. (Telephone Conference set for 5/12/2021 at 09:00 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 5/6/2021) (ap) (Entered: 05/06/2021)
5/6/2021SENTENCING SUBMISSION by USA as to Geraldine Faustin. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Schrier, Benjamin) (Entered: 05/06/2021)
5/3/2021 MOTION in Limine . Document filed by USA as to Justin Rivera. (Burnett, Thomas) (Entered: 05/03/2021)
5/3/2021 MOTION in Limine . Document filed by Justin Rivera. (Cecutti, Anthony) (Entered: 05/03/2021)
5/3/2021ORDER as to Justin Rivera: For the reasons stated herein, the application to file Exhibits A and B under seal is granted. Docket entry 629 is resolved. Time excluded from 5/3/2021 until 5/19/2021. (Signed by Judge Paul A. Engelmayer on 5/3/2021) (ap) (Entered: 05/03/2021)
5/3/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera held on 5/3/2021. Defendant present (in custody) with attorneys Anna Sideris, Anthony Cecutti & Jennifer Louis-Jeune. AUSAs Thomas Burnett & Negar Tekeei. Court reporter present. See transcript. (ajs) (Entered: 05/03/2021)
5/3/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 4/22/21 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: 05/03/2021)
5/3/2021TRANSCRIPT of Proceedings as to Justin Rivera re: Conference held on 4/22/21 before Judge Paul A. Engelmayer. 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 5/24/2021. Redacted Transcript Deadline set for 6/3/2021. Release of Transcript Restriction set for 8/2/2021. (McGuirk, Kelly) (Entered: 05/03/2021)
5/3/2021Set/Reset Hearings as to Magen Moreau: Preliminary Revocation Hearing set for 7/15/2021 at 02:30 PM before Judge Paul A. Engelmayer. (jbo) (Entered: 05/03/2021)
5/3/2021MEMO ENDORSED granting 771 LETTER MOTION Adjournment of VOSR Proceeding as to Magen Moreau (11)... ENDORSEMENT: GRANTED. The conference is adjourned to July 15, 2021 at 2:30pm. The Clerk of Court is requested to terminate the motion Dkt. No. 771. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/3/21) (jbo) (Entered: 05/03/2021)
5/1/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Cesar de Castro dated May 1, 2021 re: Adjournment of VOSR Proceeding . Document filed by Magen Moreau. (De Castro, Cesar) (Entered: 05/01/2021)
4/30/2021 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Tom Burnett dated April 30, 2021 re: Rivera VTC Access Document filed by USA. (Attachments: # 1 Exhibit Ltr. from MCC)(Burnett, Thomas) (Entered: 04/30/2021)
4/29/2021SCHEDULING ORDER as to Justin Rivera. The Court schedules a telephonic conference in this case for May 3, 2021 at 12:00 p.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. (Telephone Conference set for 5/3/2021 at 12:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 4/29/21)(jw) (Entered: 04/29/2021)
4/28/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Conference proceeding held on 10/14/20 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: 04/28/2021)
4/28/2021TRANSCRIPT of Proceedings as to Carl Andrews re: Conference held on 10/14/20 before Judge Paul A. Engelmayer. 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 5/19/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/27/2021. (McGuirk, Kelly) (Entered: 04/28/2021)
4/28/2021ORDER as to Justin Rivera. Trial in this case is scheduled to commence on June 2, 2021. The Court late yesterday received a letter from the Government (Dkt. No. 763) attaching a letter from a staff attorney at the MCC (Dkt. No. 763-1). The letters set out the MCC's position with respect to defendant Rivera's access to his laptop and to his counsel. (Signed by Judge Paul A. Engelmayer on 4/28/21)(jw) (Entered: 04/28/2021)
4/28/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Conference proceeding held on 10/7/20 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: 04/28/2021)
4/28/2021TRANSCRIPT of Proceedings as to Carl Andrews re: Conference held on 10/7/20 before Judge Paul A. Engelmayer. 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 5/19/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/27/2021. (McGuirk, Kelly) (Entered: 04/28/2021)
4/27/2021 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Tom Burnett dated April 27, 2021 re: Information and Letter from MCC Document filed by USA. (Attachments: # 1 Exhibit Ltr. from MCC)(Burnett, Thomas) (Entered: 04/27/2021)
4/27/2021MEMO ENDORSEMENT 761 LETTER MOTION We respectfully write to request that the Court order the MCC to continue providing Justin Rivera with 10 hours of weekly video teleconferences (VTCs) with his attorneys through and including the week beginning on May 10, 2021 addressed to Judge Paul A. Engelmayer from Anna Sideris dated April 26, 2021...ENDORSEMENT...GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 761 (Signed by Judge Paul A. Engelmayer on 4/27/21) (jw) (Entered: 04/27/2021)
4/26/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anna Sideris dated April 26, 2021 re: providing Mr. Rivera with 10 hours of weekly video-conferences . Document filed by Justin Rivera. (Sideris, Anna) (Entered: 04/26/2021)
4/26/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera held on 4/26/202. Defendant present (in custody) with attorneys, Jennifer Louise-Jeune, Anthony Cecutti & Anna Sideris. AUSA Thomas Burnett present. See transcript. (ajs) (Entered: 04/26/2021)
4/26/2021ORDER as to Magen Moreau. There is a proceeding in this matter scheduled for May 13, 2021. Counsel are directed to confer and, within two business days of this Order, submit a joint letter indicating their views on whether the proceeding should be held or if it should be adjourned (and, if so, for how long). If either party believes that the proceeding should be held, counsel should explain why and indicate their views on (1) whether the proceeding should be held in person or remotely; and (2) whether, if permitted under the Constitution, the Federal Rules, and the CARES Act, the Defendant consents to a remote proceeding and/or to waiving his/her appearance altogether. If the Defendant is detained, counsel should identify the facility in which the Defendant is held, and the Defendant's United States Marshal number; if the Defendant is not detained, counsel should indicate whether the Defendant would be capable of participating in a remote proceeding. Counsel is advised that, for the foreseeable future, some facilities (including the Metropolitan Correctional Center and the Metropolitan Detention Center) may require that any inmate appearing in court be quarantined for 14 days upon returning from their appearance (Signed by Judge Paul A. Engelmayer on 4/26/21)(jw) (Entered: 04/26/2021)
4/22/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera held on 4/22/2021. Defendant present (in custody) with attorneys, Jennifer Louise-Jeune, Anthony Cecutti & Anna Sideris. AUSAs Negar Tekeei, Thomas Burnett & Daniel Wolf present. Defendant's in person appearance waived. See transcript. (ajs) (Entered: 04/22/2021)
4/22/2021SCHEDULING ORDER as to (19-Cr-131-02) Justin Rivera. The Court schedules a telephonic conference in this case for today April 22, 2021 at 1:00 p.m., this conference is in addition to the conference scheduled for Monday, 26, 2021. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/22/2021)(bw) (Entered: 04/22/2021)
4/21/2021Set/Reset Deadlines/Hearings as to Kari Parker: Status Conference set for 5/6/2021 at 02:30 PM before Judge Paul A. Engelmayer (jw) (Entered: 04/21/2021)
4/21/2021MEMO ENDORSEMENT LETTER MOTION The Government respectfully requests that the violation of supervised release conference in the above-referenced case that is scheduled for tomorrow at 2:30 p.m. be adjourned approximately two weeks addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated April 21, 2021 re: Request for Adjournment....ENDORSEMENT...GRANTED. The conference is adjourned to May 6, 2021 at 2:30 p.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 757. (Signed by Judge Paul A. Engelmayer on 4/21/21) (jw) (Entered: 04/21/2021)
4/21/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated April 21, 2021 re: Request for Adjournment . Document filed by USA as to Kari Parker. (Wolf, Daniel) (Entered: 04/21/2021)
4/21/2021SCHEDULING ORDER as to Justin Rivera. The Court schedules a telephonic conference in this case for April 26, 2021 at 10:30 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906 (Signed by Judge Paul A. Engelmayer on 4/21/21)(jw) (Entered: 04/21/2021)
4/21/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera held on 4/21/2021. Defendant not present as a result of issues at detention facility. Defense counsel Anna Sideris, Anthony Cecutti & Jennifer Louis-Jeune. AUSAs Daniel Wolf, Thomas Burnett & Negar Tekeei. Court reporter present. See transcript. (ajs) (Entered: 04/21/2021)
4/20/2021ORDER as to Geraldine Faustin: There is a proceeding in this matter scheduled for May 5, 2021. Counsel are directed to confer and, within two business days of this Order, submit a joint letter indicating their views on whether the proceeding should be held or if it should be adjourned (and, if so, for how long). If either party believes that the proceeding should be held, counsel should explain why and indicate their views on (1) whether the proceeding should be held in person or remotely; and (2) whether, if permitted under the Constitution, the Federal Rules, and the CARES Act, the Defendant consents to a remote proceeding and/or to waiving his/her appearance altogether. If the Defendant is detained, counsel should identify the facility in which the Defendant is held, and the Defendant's United States Marshal number; if the Defendant is not detained, counsel should indicate whether the Defendant would be capable of participating in a remote proceeding. Counsel is advised that, for the foreseeable future, some facilities (including the Metropolitan Correctional Center and the Metropolitan Detention Center) may require that any inmate appearing in court be quarantined for 14 days upon returning from their appearance. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/20/2021) (See ORDER as set forth) (lnl) (Entered: 04/20/2021)
4/20/2021ORDER as to Justin Rivera: A telephonic pretrial conference has been scheduled in this case for Wednesday, April 21, 2021, at 9:00 a.m. The Court has just been notified that, regrettably, due to urgent electrical repairs at the MCC, tomorrow's call will not be able to include defendant Justin Rivera. To assure the forward progress of this case, the conference at 9:00 a.m. tomorrow will go forward as scheduled, with counsel only. In light of the absence from the call of Mr. Rivera, the business covered on the call will, of necessity, be limited. The parties shall dial in with the following information: 888-363-4749, access code: 468-4906. The conference with counsel and defendant Rivera has been rescheduled for Monday, April 26, 2021, at 10:30 a.m. Counsel are instructed to keep that time available. The Court is also working with authorities at the MCC to arrange, if possible, an additional call with counsel and defendant Rivera to be expedited to the afternoon of Thursday, April 22, 2021. The Court's staff will be in touch with counsel when and if arrangements for a Thursday conference are finalized. SO ORDERED. (Pretrial Conference set for 4/26/2021 at 10:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 4/20/2021) (lnl) (Entered: 04/20/2021)
4/20/2021ORDER as to Justin Rivera: The Court has received the Government's letter of April 19, 2021 (Dkt. No. 748), reporting that, on April 16, 2021, defendant Justin Rivera, using a contraband cellphone, posted a video on Instagram Live. At the outset of the call scheduled for tomorrow, April 21, 2021 at 9:00 a.m., the Court will inquire of the defense whether that fact is disputed. The defense is to be prepared to respond to that inquiry. The Court separately asks Government counsel, in advance of tomorrow's call, to circulate, by email, to the Court's chambers and to defense counsel any accessible footage or screenshots of the Instagram Live broadcast. (Signed by Judge Paul A. Engelmayer on 4/20/2021) (ap) (Entered: 04/20/2021)
4/20/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 4/5/21 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: 04/20/2021)
4/20/2021TRANSCRIPT of Proceedings as to Justin Rivera re: Conference held on 4/5/21 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Steven Greenblum, (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 5/11/2021. Redacted Transcript Deadline set for 5/21/2021. Release of Transcript Restriction set for 7/19/2021. (McGuirk, Kelly) (Entered: 04/20/2021)
4/20/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Conference proceeding held on 11/13/20 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: 04/20/2021)
4/20/2021TRANSCRIPT of Proceedings as to Carl Andrews re: Conference held on 11/13/20 before Judge Paul A. Engelmayer. 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 5/11/2021. Redacted Transcript Deadline set for 5/21/2021. Release of Transcript Restriction set for 7/19/2021. (McGuirk, Kelly) (Entered: 04/20/2021)
4/19/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas Burnett dated April 19, 2021 re: Motion to Modify Rivera's Laptop Access . Document filed by USA as to Justin Rivera. (Burnett, Thomas) (Entered: 04/19/2021)
4/14/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Dwayne Anthony Conley. Notice is hereby given that an official transcript of a Conference proceeding held on 3/11/21 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: 04/14/2021)
4/14/2021TRANSCRIPT of Proceedings as to Dwayne Anthony Conley re: Conference held on 3/11/21 before Judge Paul A. Engelmayer. 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 5/5/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/13/2021. (McGuirk, Kelly) (Entered: 04/14/2021)
4/14/2021THIRD LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated April 14, 2021 re: consent to appear by telephone at VOSR hearing . Document filed by Kari Parker. (Parker, Daniel) (Entered: 04/14/2021)
4/14/2021SCHEDULING ORDER as to (19-Cr-131-10) Kari Parker. The Court schedules a telephonic conference in this case for April 22, 2021 at 12:00 p.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/14/2021)(bw) (Entered: 04/14/2021)
4/14/2021SCHEDULING ORDER as to (19-Cr-131-2) Justin Rivera. The Court schedules a telephonic conference in this case for April 21, 2021 at 9:00 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/14/2021)(bw) (Entered: 04/14/2021)
4/12/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anna Sideris dated April 12, 2021 re: providing Mr. Rivera with continued VTCs . Document filed by Justin Rivera. (Sideris, Anna) (Entered: 04/12/2021)
4/9/2021MEMO ENDORSEMENT as to Justin Rivera on 740 DECLARATION of Anna Sideris by Justin Rivera re: 735 LETTER MOTION. ENDORSEMENT: In light of the now-acknowledged factual inaccuracies in the defense request at Dkt. 735, the Court asks that defense counsel, if still pursuing extra hours of weekly video-conference time with Mr. Rivera, submit an updated request explaining why such video-conferences are necessary. Counsel's letter should state why the in-person meetings between counsel and inmates are not a viable alternative now that vaccinations are widely available. Counsel's letter is due Monday, April 12, 2021. For avoidance of doubt, the Court's order (Dkt. No. 736) requiring the MCC to make 10 hours per week of video-confedrence time available to Mr. Rivera remains in effect pending further Court order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/9/2021) (lnl) (Entered: 04/09/2021)
4/9/2021DECLARATION of Anna Sideris by Justin Rivera re: 735 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anna Sideris dated April 6, 2021 re: providing Mr. Rivera with 10 hours of weekly video-teleconferences . filed by Justin Rivera. (Sideris, Anna) (Entered: 04/09/2021)
4/8/2021MEMO ENDORSEMENT as to Justin Rivera on 738 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Thomas Burnett dated April 8, 2021 re: Letter from MCC re Video Teleconferencing. ENDORSEMENT: The Court directs defense counsel to submit a declaration by 3:00 p.m. tomorrow, April 9, 2021, responding to this letter and setting out the factual basis for the representations in the defense's letter that the Government contends are false. The Court expects, following receipt of this declaration, to promptly resolve this issue. For avoidance of doubt, the Court's order as to video meetings remains in place pending its review of the defense's declaration. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/8/2021) (lnl) (Entered: 04/08/2021)
4/8/2021 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Thomas Burnett dated April 8, 2021 re: Letter from MCC re Video Teleconferencing Document filed by USA. (Attachments: # 1 Exhibit Ltr. of Irene Chan re Justin Rivera)(Burnett, Thomas) (Entered: 04/08/2021)
4/8/2021ORDER as to Justin Rivera: On March 20, 2021, defendant Justin Rivera filed a motion under Brady v. Maryland, 373 U.S. 83 (1963), to compel the Government to disclose, inter alia, materials related to a particular non-testifying witness to the extent that witness had been interviewed and made statements concerning Rivera or the charges against him. Dkt. 726. In response, the Government stated that it would take a broad view of any statements that could be helpful to Rivera and identify them to the defense by April 2, 2021, with the remaining statements by the witness to be produced to defense counsel three weeks before trial. Dkt. 729. On April 2, 2021, the Government provided defense counsel with a letter identifying certain statements by the witness regarding Rivera. Consistent with the Court's directive at the most recent pretrial conference, the Government also provided the complete notes of the witness's interviews to the Court for its review, to determine whether additional statements warranted immediate disclosure to the defense under Brady. The Court has carefully reviewed the statements provided by the Government, guided by the very helpful letter from defense counsel identifying propositions and areas of information of potential assistance to the defense at trial. The Court took a broad view in reviewing these materials. Nonetheless, the Court did not identify any statements, among those that have not already been disclosed to the defense, that might constitute Brady material. The Court thus does not require the Government to expedite its production of the statements to defense counsel. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/8/2021) (lnl) (Entered: 04/08/2021)
4/7/2021MEMO ENDORSED granting 735 LETTER MOTION providing Mr. Rivera with 10 hours of weekly video-teleconferences as to Justin Rivera (2)... ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. 735. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/7/21) (jbo) (Entered: 04/07/2021)
4/6/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anna Sideris dated April 6, 2021 re: providing Mr. Rivera with 10 hours of weekly video-teleconferences . Document filed by Justin Rivera. (Sideris, Anna) (Entered: 04/06/2021)
4/5/2021ORDER as to Kari Parker: There is a proceeding in this matter scheduled for April 22, 2021. Counsel are directed to confer and, within two business days of this Order, submit a joint letter indicating their views on whether the proceeding should be held or if it should be adjourned (and, if so, for how long). If either party believes that the proceeding should be held, counsel should explain why and indicate their views on (1) whether the proceeding should be held in person or remotely; and (2) whether, if permitted under the Constitution, the Federal Rules, and the CARES Act, the Defendant consents to a remote proceeding and/or to waiving his/her appearance altogether. If the Defendant is detained, counsel should identify the facility in which the Defendant is held, and the Defendant's United States Marshal number; if the Defendant is not detained, counsel should indicate whether the Defendant would be capable of participating in a remote proceeding. Counsel is advised that, for the foreseeable future, some facilities (including the Metropolitan Correctional Center and the Metropolitan Detention Center) may require that any inmate appearing in court be quarantined for 14 days upon returning from their appearance. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/5/2021) (See ORDER as set forth) (lnl) (Entered: 04/05/2021)
4/5/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera held on 4/5/2021. Defendant present (in custody) with attorneys, Anna Sedaris, Anthony Cecutti & Jennifer Louis-Jeune. AUSAs Daniel Wolf, Thomas Burnett & Negar Tekeei. Court reporter present. See transcript. (ajs) (Entered: 04/05/2021)
4/5/2021NOTICE OF ATTORNEY APPEARANCE Thomas Somerset Burnett appearing for USA. (Burnett, Thomas) (Entered: 04/05/2021)
4/2/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 3/12/21 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: 04/02/2021)
4/2/2021TRANSCRIPT of Proceedings as to Justin Rivera re: Conference held on 3/12/21 before Judge Paul A. Engelmayer. 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 4/23/2021. Redacted Transcript Deadline set for 5/3/2021. Release of Transcript Restriction set for 7/1/2021. (McGuirk, Kelly) (Entered: 04/02/2021)
3/31/2021SCHEDULING ORDER as to Justin Rivera. The Court schedules a telephonic conference in this case for April 5, 2021 at 10:30 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Telephone Conference set for 4/5/2021 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/31/21)(jbo) (Entered: 03/31/2021)
3/26/2021LETTER RESPONSE in Opposition by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated March 26, 2021 re: 726 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated March 20, 2021 re: Request for Production of Brady Materials .. (Wolf, Daniel) (Entered: 03/26/2021)
3/22/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera held on 3/22/2021. Defendant present (in custody) with attorneys, Anna Sedaris, Anthony Cecutti & Jennifer Louis-Jeune. AUSAs Rushmi Bhaskaran & Benjamin Schrier. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 03/22/2021)
3/20/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated March 20, 2021 re: Request for Production of Brady Materials . Document filed by Justin Rivera. (Cecutti, Anthony) (Entered: 03/20/2021)
3/17/2021SCHEDULING ORDER as to Justin Rivera. The Court schedules a telephonic conference in this case for March 22, 2021 at 10:30 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Telephone Conference set for 3/22/2021 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/17/21)(jbo) (Entered: 03/17/2021)
3/17/2021ORDER as to Magen Moreau. This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No 116182, 134 Stat. 894 (Oct. 21, 2020), to confirm the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. For purposes of this Order, the Government has an affirmative obligation to seek all information subject to disclosure under this Order from all current or former federal, state, and local prosecutors, law enforcement officers, and other officers who have participated in the prosecution, or investigation that led to the prosecution, of the offense or offenses with which the defendant is charged. (Signed by Judge Paul A. Engelmayer on 3/17/21)(jw) (Entered: 03/17/2021)
3/17/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Preliminary Revocation Hearing re: Supervised Release as to Magen Moreau held on 3/17/2021. Defendant present (on SR) with attorney, Cesar de Castro. AUSA Daniel Wolf present. USPOs Brian Kelly (EDNY) & Zondra Jackson (SDNY) present. Court reporter present. All parties present via telephone, defendant's in person appearance waived. Defendant sworn, pleads NOT GUILTY to the Specifications. See transcript. Status Conference set for 5/13/2021 at 02:30 PM before Judge Paul A. Engelmayer. (ajs) (Entered: 03/17/2021)
3/16/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Conference proceeding held on 10/2/20 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: 03/16/2021)
3/16/2021TRANSCRIPT of Proceedings as to Carl Andrews re: Conference held on 10/2/20 before Judge Paul A. Engelmayer. 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 4/6/2021. Redacted Transcript Deadline set for 4/16/2021. Release of Transcript Restriction set for 6/14/2021. (McGuirk, Kelly) (Entered: 03/16/2021)
3/12/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera held on 3/12/2021. Defendant present (in custody) with attorneys, Anthony Cecutti & Jennifer Louis-Jeune. AUSAs Rushmi Bhaskaran, Benjamin Schrier & Daniel Wolf. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 03/12/2021)
3/11/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Arraignment as to Dwayne Anthony Conley (3) Count 1sss,2sss held on 3/11/2021. Defendant present (in custody) with attorneys, Samuel Gregory & Zachary Taylor. AUSA Daniel Wolf present. Defendant sworn, pleads GUILTY to the S9 Information. See transcript. Plea entered by Dwayne Anthony Conley (3) Guilty as to Count 1sss,2sss. (ajs) (Entered: 03/22/2021)
3/11/2021WAIVER OF INDICTMENT by Dwayne Anthony Conley. (jm) (Entered: 03/22/2021)
3/11/2021(S9) SUPERSEDING INFORMATION (Felony) filed as to Dwayne Anthony Conley (3) count(s) 1sss, 2sss. (jm) (Entered: 03/22/2021)
3/11/2021Set/Reset Hearings as to Dwayne Anthony Conley: Sentencing set for 7/22/2021 at 10:30 AM before Judge Paul A. Engelmayer. (ajs) (Entered: 03/12/2021)
3/11/2021CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Dwayne Anthony Conley. (Signed by Judge Paul A. Engelmayer on 3/11/2021)(See ORDER as set forth) (Three certified copies of this ORDER were forwarded by the Clerk's Office to Alexander J. Wilson) (lnl) (Entered: 03/11/2021)
3/11/2021Order of Referral to Probation for Presentence Investigation and Report as to Dwayne Anthony Conley. (Signed by Judge Paul A. Engelmayer on 3/11/2021)(ajs) (Entered: 03/11/2021)
3/11/2021ORDER as to Magen Moreau: The Court schedules a telephonic conference in this case for March 17, 2021 at 11:00 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Telephone Conference set for 3/17/2021 at 11:00 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 3/11/2021) (lnl) (Entered: 03/11/2021)
3/10/2021 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated March 10, 2021 re: Update on BOP Materials Document filed by USA. (Wolf, Daniel) (Entered: 03/10/2021)
3/8/2021 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated March 8, 2021 re: Update Regarding Justin Rivera Document filed by USA. (Bhaskaran, Rushmi) (Entered: 03/08/2021)
3/5/2021SCHEDULING ORDER as to Dwayne Anthony Conley. The Court schedules a change of plea hearing in this case for March 11, 2021 at 2:30 p.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. For the safety of all involved, the Court requests that members of the public who wish to attend this conference use the following dial in information to access the conference, the parties should call 888-363-4749 and use access code 468-4906 ( Change of Plea Hearing set for 3/11/2021 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/5/21)(jw) (Entered: 03/05/2021)
3/4/2021MEMO ENDORSEMENT 715 LETTER MOTION to request that the Court order the MCC to continue providing Justin Rivera with 10 hours of weekly video teleconference (VTC) through and including the week beginning on Monday, March 29, 2021....ENDORSEMENT... GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 715 (Signed by Judge Paul A. Engelmayer on 3/4/21) (jw) (Entered: 03/04/2021)
3/4/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anna Sideris dated March 3, 2021 re: continuing to provide Mr. Rivera with 10 hours weekly of videoconferencing . Document filed by Justin Rivera. (Sideris, Anna) (Entered: 03/04/2021)
3/4/2021MEMO ENDORSEMENT 713 LETTER MOTION I respectfully request that the Court order the MCC to continue providing Mr. Conley with 10 hours weekly of video-conference time through and including the week beginning on Monday, March 15, 2021 as to Dwayne Anthony Conley....ENDORSEMENT...GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 713. (Signed by Judge Paul A. Engelmayer on 3/4/2021) (jw) (Entered: 03/04/2021)
3/3/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Zachary S. Taylor dated March 3, 2021 re: providing Mr. Conley expanded VTC time . Document filed by Dwayne Anthony Conley. (Taylor, Zachary) (Entered: 03/03/2021)
3/3/2021SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for March 12, 2021 at 10:30 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906 (Telephone Conference set for 3/12/2021 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/3/2021)(jw) (Entered: 03/03/2021)
3/3/2021Set/Reset Deadlines/Hearings as to Geraldine Faustin: Sentencing set for 5/6/2021 at 02:30 PM before Judge Paul A. Engelmayer. (jw) (Entered: 03/03/2021)
3/3/2021MEMO ENDORSEMENT 710 LETTER MOTION Reschedule Sentencing re: 710 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated March 3, 2021 re: Adjournment of Sentencing Presently Scheduled for March 18, 2021 ...ENDORSEMENT...GRANTED. Sentencing is adjourned to May 6, 2021 at 2:30 p.m. The parties shall serve their sentencing submissions in accordance with this Courts Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 710. (Signed by Judge Paul A. Engelmayer on 3/3/2021) (jw) (Entered: 03/03/2021)
3/3/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated March 3, 2021 re: Adjournment of Sentencing Presently Scheduled for March 18, 2021 . Document filed by Geraldine Faustin. (Kaley, John) (Entered: 03/03/2021)
3/2/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 2/22/21 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: 03/02/2021)
3/2/2021TRANSCRIPT of Proceedings as to Justin Rivera re: Conference held on 2/22/21 before Judge Paul A. Engelmayer. 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 3/23/2021. Redacted Transcript Deadline set for 4/2/2021. Release of Transcript Restriction set for 6/1/2021. (McGuirk, Kelly) (Entered: 03/02/2021)
3/1/2021ORDER as to Justin Rivera, Dwayne Anthony Conley: The case has been assigned a trial date of June 2, 2021. The Court expects to sit five days a week during this trial. Counsel are instructed to plan accordingly. (Signed by Judge Paul A. Engelmayer on 3/1/2021) (ap) (Entered: 03/01/2021)
3/1/2021ORDER as to Geraldine Faustin. There is a proceeding in this matter scheduled for March 18, 2021. Counsel are directed to confer and, within two business days of this Order, submit a joint letter indicating their views on whether the proceeding should be held or if it should be adjourned (and, if so, for how long). If either party believes that the proceeding should be held, counsel should explain why and indicate their views on (1) whether the proceeding should be held in person or remotely; and (2) whether, if permitted under the Constitution, the Federal Rules, and the CARES Act, the Defendant consents to a remote proceeding and/or to waiving his/her appearance altogether. If the Defendant is detained, counsel should identify the facility in which the Defendant is held, and the Defendant's United States Marshal number; if the Defendant is not detained, counsel should indicate whether the Defendant would be capable of participating in a remote proceeding. Counsel is advised that, for the foreseeable future, some facilities (including the Metropolitan Correctional Center and the Metropolitan Detention Center) may require that any inmate appearing in court be quarantined for 14 days upon returning from their appearance. After reviewing the parties joint letter, the Court will issue an order indicating whether the proceeding will be held and, if so, how; and addressing any other relevant deadlines and information. If a proceeding is held, it may have to be at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the currently scheduled proceeding that they wouldbe available for a proceeding, whether in person or remote. In the event of a remote proceeding, counsel should review and comply with the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. (Signed by Judge Paul A. Engelmayer on 3/1/21)(jw) (Entered: 03/01/2021)
2/24/2021MEMO ENDORSEMENT as to Justin Rivera, Dwayne Anthony Conley on 704 LETTER by USA addressed to Judge Paul A. Engelmayer from Dani el H. Wolf dated February 23, 2021 re: Cellphones Seized Incident to Oct. 9, 2015 SCPD Arrests. ENDORSEMENT: The Court thanks the Government for this prompt update. The Court is persuaded that the Government has conducted a diligent search and that it has reasonably concluded that the SCPD does not possess a "sixth cellphone," as posited by the defense. The defense remains at liberty to undertake its own investigation into the whereabouts of this cellphone, including via subpoena. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/24/2021) (lnl) (Entered: 02/24/2021)
2/23/2021 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated February 23, 2021 re: Cellphones Seized Incident to Oct. 9, 2015 SCPD Arrests Document filed by USA. (Wolf, Daniel) (Entered: 02/23/2021)
2/22/2021 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated February 21, 2021 re: Cellphones Seized Incident to Oct. 9, 2015 SCPD Arrests Document filed by USA. (Wolf, Daniel) (Entered: 02/22/2021)
2/22/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 2/22/2021. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, Anna Sideris, & Zachary Taylor. AUSAs Rushmi Bhaskaran, Benjamin Schrier & Daniel Wolf. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 02/22/2021)
2/21/2021 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated February 21, 2021 re: Update Regarding Justin Rivera's Access to Discovery and Access to Counsel (Cecutti, Anthony) (Entered: 02/21/2021)
2/18/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera, Dwayne Anthony Conley. Notice is hereby given that an official transcript of a Conference proceeding held on 1/11/21 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: 02/18/2021)
2/18/2021TRANSCRIPT of Proceedings as to Justin Rivera, Dwayne Anthony Conley re: Conference held on 1/11/21 before Judge Paul A. Engelmayer. 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 3/11/2021. Redacted Transcript Deadline set for 3/22/2021. Release of Transcript Restriction set for 5/19/2021. (McGuirk, Kelly) (Entered: 02/18/2021)
2/17/2021SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for February 22, 2021 at 12:00 p.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/17/2021)(bw) (Entered: 02/17/2021)
2/16/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera, Dwayne Anthony Conley. Notice is hereby given that an official transcript of a Conference proceeding held on 1/27/21 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: 02/16/2021)
2/16/2021TRANSCRIPT of Proceedings as to Justin Rivera, Dwayne Anthony Conley re: Conference held on 1/27/21 before Judge Paul A. Engelmayer. 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 3/9/2021. Redacted Transcript Deadline set for 3/19/2021. Release of Transcript Restriction set for 5/17/2021. (McGuirk, Kelly) (Entered: 02/16/2021)
2/15/2021ORDER as to Justin Rivera, Dwayne Anthony Conley. On January 6, 2021, the Court adjourned the trial of defendants Justin Rivera and Dwayne Anthony Conley, which had been scheduled to start on February 16, 2021, until June 1, 2021. Dkt. 653. The basis for the adjournment was the Governments disclosure, on December 31, 2020, that its case agents possessed voluminous prison tapes and emails of the defendants and their alleged co-conspirators ("the BOP materials") that had not been produced in discovery. This Order resolves the issue of whether to exclude time between February 16 and June 1, 2021, from Speedy Trial Act ("STA") calculations, pursuant to 18 U.S.C. § 3161(h)(7)(A). It is therefore a moot question whether and to what extent a STA exclusion would have been merited had the adjournment of trial been justified only on account of the discovery of the BOP materials, as opposed to being independently justified by the regrettable but unavoidable need for the appointment of successor counsel for defendant Conley. For the record, had the Court had occasion to resolve that issue, the Court expects that it would have excluded all but four weeks of the time between February 16 and June 1, largely for the reasons stated in the Courts order of January 6, 2021, see Dkt. 653 at 1213, and by the Government in its recent letter, see generally Dkt. 693. Time excluded from 2/16/21 until 6/1/21. (Signed by Judge Paul A. Engelmayer on 2/15/21)(jw) (Entered: 02/16/2021)
2/11/2021 LETTER by Dwayne Anthony Conley as to Justin Rivera, Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Zachary S. Taylor dated February 11, 2021 re: Response to Government's Letter Regarding Exclusion of Time Under the Speedy Trial Act Document filed by Dwayne Anthony Conley. (Taylor, Zachary) (Entered: 02/11/2021)
2/11/2021 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated February 11, 2021 re: In Response to Government's Letter Regarding Exclusion of Time Under the Speedy Trial Act (Cecutti, Anthony) (Entered: 02/11/2021)
2/8/2021 LETTER by USA as to Justin Rivera, Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated February 8, 2021 re: Exclusion of Time Under the Speedy Trial Act Document filed by USA. (Bhaskaran, Rushmi) (Entered: 02/08/2021)
2/8/2021ORDER as to Justin Rivera, Dwayne Anthony Conley: For the reasons stated on the record at today's conference, the Court resolved the motions pending at Dkt. Nos. 664, 667 and 673. The Court denied the defendants' respective applications for release pursuant to 18 U.S.C. § 3142(i) and the Government's application to modify the Court's order authorizing Rivera to access a laptop in his cell at the MCC. The Clerk of Court is respectfully requested to terminate these motions. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/8/2021) (lnl) (Entered: 02/08/2021)
2/8/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 2/8/2021. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, Anna Sideris, & Zachary Taylor. AUSAs Rushmi Bhaskaran, Benjamin Schrier & Daniel Wolf. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 02/08/2021)
2/7/2021 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated February 7, 2021 re: Cellphones Seized Incident to Oct. 9, 2015 SCPD Arrests Document filed by USA. (Wolf, Daniel) (Entered: 02/07/2021)
2/7/2021 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated February 7, 2021 re: Update Regarding BOP Emails and Calls Document filed by USA. (Wolf, Daniel) (Entered: 02/07/2021)
2/4/2021MEMO ENDORSEMENT as to Dwayne Anthony Conley on 688 LETTER by Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Samuel Gregory dated February 4, 2021. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/4/2021) (lnl) (Entered: 02/04/2021)
2/4/2021 LETTER by Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Samuel Gregory dated February 4, 2021 (Gregory, Samuel) (Entered: 02/04/2021)
2/4/2021MEMO ENDORSEMENT as to Dwayne Anthony Conley on 684 LETTER by Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Zachary S. Taylor dated February 3, 2021 re: bail application. ENDORSEMENT: The Court directs the Pretrial Services Department to provide the Court and counsel a copy of Mr. Conley's pretrial report forthwith. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/4/2021) (lnl) (Entered: 02/04/2021)
2/4/2021 RESPONSE in Support of Motion by Justin Rivera re: 667 LETTER MOTION addressed to Judge Paul A. Engelmayer from Counsel for Justin Rivera dated 1/19/2021 re: Justin Rivera Bail Application .. (Sideris, Anna) (Entered: 02/04/2021)
2/3/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anna Sideris dated February 3, 2021 re: 673 Letter re: Reply to government's letter requesting to modify the Court's 12/20/2020 Order . Document filed by Justin Rivera. (Sideris, Anna) (Entered: 02/03/2021)
2/3/2021 LETTER by Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Zachary S. Taylor dated February 3, 2021 re: bail application (Taylor, Zachary) (Entered: 02/03/2021)
2/2/2021SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley: The Court schedules a telephonic conference in this case for February 8, 2021 at 10:30 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. (Telephone Conference set for 2/8/2021 at 10:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 2/2/2021) (ap) (Entered: 02/02/2021)
2/2/2021Set/Reset Hearings as to Kari Parker: Status Conference set for 4/22/2021 at 02:30 PM before Judge Paul A. Engelmayer. (ap) (Entered: 02/02/2021)
2/2/2021MEMO ENDORSEMENT as to Kari Parker (10) granting 681 FOURTH LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated February 2, 2021 re: request to adjourn conference. ENDORSEMENT: GRANTED. The Court adjourns the next conference in this case until April 22, 2021 at 2:30 p.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 681. (Signed by Judge Paul A. Engelmayer on 2/2/2021) (ap) (Entered: 02/02/2021)
2/2/2021FOURTH LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated February 2, 2021 re: request to adjourn conference . Document filed by Kari Parker. (Parker, Daniel) (Entered: 02/02/2021)
2/1/2021ORDER as to Kari Parker: There is a proceeding in this matter scheduled for February 16, 2021. Counsel are directed to confer and, within two business days of this Order, submit a joint letter indicating their views on whether the proceeding should be held or if it should be adjourned (and, if so, for how long). If either party believes that the proceeding should be held, counsel should explain why and indicate their views on (1) whether the proceeding should be held in person or remotely; and (2) whether, if permitted under the Constitution, the Federal Rules, and the CARES Act, the Defendant consents to a remote proceeding and/or to waiving his/her appearance altogether. If the Defendant is detained, counsel should identify the facility in which the Defendant is held, and the Defendant's United States Marshal number; if the Defendant is not detained, counsel should indicate whether the Defendant would be capable of participating in a remote proceeding. Counsel is advised that, for the foreseeable future, some facilities (including the Metropolitan Correctional Center and the Metropolitan Detention Center) may require that any inmate appearing in court be quarantined for 14 days upon returning from their appearance. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/1/2021) (See ORDER as set forth) (lnl) (Entered: 02/01/2021)
1/29/2021NOTICE OF ATTORNEY APPEARANCE: Daniel Steven Parker appearing for Kari Parker. Appearance Type: CJA Appointment. change of address (Parker, Daniel) (Entered: 01/29/2021)
1/27/2021Attorney update in case as to Dwayne Anthony Conley. Attorney Lloyd Epstein and Judith H. Weil terminated. (ajs) (Entered: 03/11/2021)
1/27/2021SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. For the reasons stated on the record at today's conference, the Court set February 3, 2021 as the deadline for defendants to file reply letters in further support of their applications for release on bond, and set the same deadline for defendant Rivera to respond to the Government's letter with respect to his access, within his prison cell, to a laptop. (Replies due by 2/3/2021) (Signed by Judge Paul A. Engelmayer on 1/27/2021) (ap) (Entered: 01/27/2021)
1/27/2021ORDER as to Dwayne Anthony Conley: For the reasons stated on the record at today's conference, the Court appointed Samuel Gregory, Esq., and Zachary Taylor, Esq., both members of the District's CJA Panel, to represent defendant Dwayne Anthony Conley. This appointment is effective, nunc pro tunc, to January 24, 2021. (Signed by Judge Paul A. Engelmayer on 1/27/2021) (ap) (Entered: 01/27/2021)
1/27/2021676SEALED DOCUMENT placed in vault. (nmo) (Entered: 01/27/2021)
1/27/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 1/27/2021. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, Anna Sideris, Judith Weil, Samuel Gregory & Zachary Taylor. AUSAs Rushmi Bhaskaran & Daniel Wolf. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 01/27/2021)
1/25/2021ORDER as to Justin Rivera, Dwayne Anthony Conley: The Court has received applications for release on conditions of bail from both defendant Justin Rivera and defendant Dwayne Anthony Conley, who are scheduled to commence trial on June 1, 2021. Because Rivera came into federal custody on a writ from state custody and because Conley consented to pretrial detention, the District's Pretrial Services Office to date has not prepared a pretrial services report for either defendant. The Court would benefit from such reports, and asks that such be furnished to the Court and counsel by Monday, February 1, 2021. The Court does not invite submissions from counsel in response to these reports, but will do so if the Court determines that a response is warranted. The Court directs the Government forthwith to furnish Pretrial Services with a copy of this order. (Signed by Judge Paul A. Engelmayer on 1/25/2021) (ap) (Entered: 01/25/2021)
1/22/2021LETTER RESPONSE in Opposition by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated January 22, 2021 re: 667 LETTER MOTION addressed to Judge Paul A. Engelmayer from Counsel for Justin Rivera dated 1/19/2021 re: Justin Rivera Bail Application .. (Wolf, Daniel) (Entered: 01/22/2021)
1/22/2021 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated January 22, 2021 re: Request to Modify the Terms of Rivera's Laptop Access at the MCC Document filed by USA. (Bhaskaran, Rushmi) (Entered: 01/22/2021)
1/22/2021LETTER RESPONSE in Opposition by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated January 22, 2021 re: 664 LETTER MOTION addressed to Judge Paul A. Engelmayer from Judith H. Weil dated 1/18/2021 re: Dwayne Anthony Conley Bail application.. (Wolf, Daniel) (Entered: 01/22/2021)
1/21/2021Set/Reset Hearings as to Geraldine Faustin: Sentencing set for 3/18/2021 at 02:30 PM before Judge Paul A. Engelmayer. (ap) (Entered: 01/21/2021)
1/21/2021MEMO ENDORSEMENT as to Geraldine Faustin (7) granting 670 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated January 21, 2021 re: Adjournment of Sentencing Presently Scheduled for February 4, 2021. ENDORSEMENT: GRANTED. Sentencing is adjourned to March 18, 2021 at 2:30 p.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 670. (Signed by Judge Paul A. Engelmayer on 1/21/2021) (ap) (Entered: 01/21/2021)
1/21/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated January 21, 2021 re: Adjournment of Sentencing Presently Scheduled for February 4, 2021 . Document filed by Geraldine Faustin. (Kaley, John) (Entered: 01/21/2021)
1/20/2021SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for January 27, 2021 at 10:30 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. (Telephone Conference set for 1/27/2021 at 10:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 1/20/2021) (ap) Modified on 1/21/2021 (ap). (Entered: 01/20/2021)
1/19/2021ORDER as to Justin Rivera: The Court has received a bail application from defendant Dwayne Anthony Conley (Dkt. No. 667). The Court directs the Government to file its response by the close of business on Friday, January 22, 2021. (Responses due by 1/22/2021) (Signed by Judge Paul A. Engelmayer on 1/19/2021) (ap) (Entered: 01/19/2021)
1/19/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Counsel for Justin Rivera dated 1/19/2021 re: Justin Rivera Bail Application . Document filed by Justin Rivera. (Attachments: # 1 Exhibit A - Letter to Chief Judge Mauskopf, # 2 Exhibit B - Inmate Education Data Transcript)(Louis-Jeune, Jennifer) (Entered: 01/19/2021)
1/19/2021ORDER as to Dwayne Anthony Conley re: 664 The Court has received a bail application from defendant Dwayne Anthony Conley (Dkt. No. 664). The Court directs the Government to file its response by the close of business on Friday, January 22, 2021 (Government Responses due by 1/22/2021) (Signed by Judge Paul A. Engelmayer on 1/19/21)(jw) (Entered: 01/19/2021)
1/18/2021ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court acknowledges receipt of the January 15, 2021 letter from Associate United States Attorney John M. McEnany, reporting on the Governments investigation into the prison recordings and emails discovered in late December 2020. See Dkt. 662. The Court thanks the Government for its prompt inquiry and thorough report. The Court is persuaded by the report's account and explanation and does not require further inquiry into these events. The report underscores the need for improved education of investigative agents as to the scope of the Governments discovery and disclosure obligations, and for the systematic tracking of material collected by investigative agents. The Court expects that the Government will attend to these correctives with urgency (Signed by Judge Paul A. Engelmayer on 1/18/21)(jw) (Entered: 01/19/2021)
1/18/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Judith H. Weil dated 1/18/2021 re: Dwayne Anthony Conley Bail application. Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 01/18/2021)
1/15/2021NOTICE OF ATTORNEY APPEARANCE: Anna Nicole Sideris appearing for Justin Rivera. Appearance Type: CJA Appointment. (Sideris, Anna) (Entered: 01/15/2021)
1/15/2021 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from John M. McEnany dated January 15, 2021 re: January 4, 2021 Order Document filed by USA. (Wolf, Daniel) (Entered: 01/15/2021)
1/12/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference 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.... (McGuirk, Kelly) (Entered: 01/12/2021)
1/12/2021TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 1/4/21 before Judge Paul A. Engelmayer. 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 2/2/2021. Redacted Transcript Deadline set for 2/12/2021. Release of Transcript Restriction set for 4/12/2021. (McGuirk, Kelly) (Entered: 01/12/2021)
1/11/2021ORDER as to Dwayne Anthony Conley: IT IS HEREBY ORDERED that 1. Mr. Conley may have access to an "air-gapped" laptop computer (the "Laptop") that is disabled from accessing the internet, local area networks, or other electronic devices; 2. Upon receipt of an acceptable laptop computer from counsel for Mr. Conley, the Government shall (a) ensure that the laptop is appropriately "air gapped" and compatible with the MCC's security requirements; (b) load the laptop with the non-sensitive and non-confidential discovery in this case; and (c) deliver the laptop to the proper authorities at the MCC within 72 hours of completing the tasks described in 2(a); 3. The Laptop shall be password-protected and maintained in a location acceptable to MCC personnel; 4. MCC personnel will provide Mr. Conley with access to the Laptop in the law library, attorney conference rooms or, if they are not available, another area mutually acceptable to Mr. Conley and MCC, for at least 5 hours each weekday (except on public holidays), for a total of 25 hours per week. The MCC is not required to provide Mr. Conley with laptop access on a public holiday, provided that the MCC ensures that Mr. Conley receives a minimum of 25 hours of laptop access during the week which the public holiday falls. 5. This Order remains in effect until the trial in this matter is completed and a copy of this Order shall be made available to any unit where Mr. Conley is housed; 6. Mr. Conley may use the Laptop for the sole purpose of reviewing discovery and legal materials that relate to his criminal case. He shall not share the Laptop or the materials loaded onto the Laptop with other inmates or with any attorney not appointed to this case without an order of this Court. He will not access or attempt to access the internet or any form of wireless communication. He will forfeit his right under this Order to use the Laptop, and he may expose himself to criminal prosecution for possessing or distributing a "prohibited object" as that term is defined in 18 U.S.C. § 1791(d) in the future, should he violate any of these understandings. 7. Within forty-eight hours of the MCC's receipt of the Laptop from the Government, Mr. Conley shall receive access to the Laptop. Mr. Conley shall not have possession of any charging apparatus or cord that connects to the laptop. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/11/2021) (lnl) (Entered: 01/11/2021)
1/11/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 1/11/2021. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, Judith Weil & Lloyd Epstein. AUSAs Rushmi Bhaskaran, Daniel Wolf, Benjamin Schrier & Negar Tekeei present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 01/11/2021)
1/11/2021 LETTER by USA as to Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated January 11, 2021 re: Proposed Order for Dwayne Anthony Conley's Laptop Access at the MCC Document filed by USA. (Attachments: # 1 Text of Proposed Order)(Bhaskaran, Rushmi) (Entered: 01/11/2021)
1/10/2021 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated January 10, 2021 re: Update Regarding BOP Emails and Calls Document filed by USA. (Wolf, Daniel) (Entered: 01/10/2021)
1/8/2021Set/Reset Hearings as to Kari Parker: Status Conference set for 2/16/2021 at 02:30 PM before Judge Paul A. Engelmayer. (ap) (Entered: 01/08/2021)
1/8/2021MEMO ENDORSEMENT as to Kari Parker (10) granting 655 FOURTH LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated January 8, 2021 re: request to adjourn conference. ENDORSEMENT: GRANTED. The conference is adjourned to February 16, 2021 at 2:30 p.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 655. (Signed by Judge Paul A. Engelmayer on 1/8/2021) (ap) (Entered: 01/08/2021)
1/8/2021FOURTH LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated January 8, 2021 re: request to adjourn conference . Document filed by Kari Parker. (Parker, Daniel) (Entered: 01/08/2021)
1/6/2021REVISED SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court today issued a separate order (Dkt. No. 653) rescheduling the trial date in this case from February 16, 2021 to June 1, 2021. As a result, the Court adjusts the previously set deadlines as follows: The Government is to produce 3500 material as to victim witnesses on April 19, 2021, and as to all other testifying witnesses on April 26, 2021. The Government is to produce statements of non-testifying witnesses on May 3, 2021. Pretrial motions by each side are due on May 3, 2021. Oppositions to any such motions are due on May 17, 2021. Time is excluded, pursuant to 18 U.S.C. 3161(h)(7)(A), until February 16, 2021, for the reasons set out in the separate order the Court has issued today explaining its decision to adjourn trial until June 1, 2021. As explained there, the Court will entertain a motion by the Government with respect to the exclusion of time after February 16, 2021. That motion is due February 8, 2021. The defense's response is due February 10, 2021. Time excluded from 1/6/2021 until 2/16/2021. (Motions due 2/8/2021 Response due 2/10/2021. (Pretrial Motions due by 5/3/2021. Responses due by 5/17/2021) (Signed by Judge Paul A. Engelmayer on 1/6/2021) (ap) (Entered: 01/06/2021)
1/6/2021Set/Reset Deadlines as to Justin Rivera, Dwayne Anthony Conley: Motions due by 2/8/2021. Responses due by 2/10/2021. (ap) (Entered: 01/06/2021)
1/6/2021ORDER as to Justin Rivera, Dwayne Anthony Conley: The Court has determined that it is necessary to adjourn the trial of defendants Justin Rivera and Dwayne Anthony Conley, which had been scheduled to begin on February 16, 2021 and to last approximately two weeks, until the second quarter of 2021. The Court to date has excluded time through January 15, 2021, Dkt. 501. The Court's intention and the parties' expectation was that time would be excluded until the February 16 trial date, to enable pretrial litigation, trial preparation, and communications on various points between defendants and their counsel. Consistent with that expectation, the Court, under 18 U.S.C. § 3161(h) (7)(A), will exclude time until February 16, 2021. The Government's motion is due February 8, 2021, by which point the facts bearing on the extent of such an exclusion should be clearer. The defense's response is due February 10, 2021. Time excluded from 1/6/2021 until 2/16/2021. (Signed by Judge Paul A. Engelmayer on 1/6/2021) (See ORDER set forth) (ap) (Entered: 01/06/2021)
1/6/2021SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for January 11, 2021 at 10:30 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906(Telephone Conference set for 1/11/2021 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 1/6/21)(jw) (Entered: 01/06/2021)
1/5/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 1/4/2021 re: Dwayne Anthony Conley . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 01/05/2021)
1/4/2021 LETTER by USA as to Justin Rivera, Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated January 4, 2021 re: Adjournment Document filed by USA. (Bhaskaran, Rushmi) (Entered: 01/04/2021)
1/4/2021Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 1/4/2021. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, Judith Weil & Lloyd Epstein. AUSAs Rushmi Bhaskaran, Daniel Wolf & Negar Tekeei present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 01/04/2021)
1/4/2021ORDER as to Justin Rivera, Dwayne Anthony Conley: At today's pretrial conference, the Court reviewed in detail with counsel issues relating to the discovery of voluminous prison audiotapes and emails of defendants Conley and Rivera and numerous co-defendants, spanning the 18-month period between June 2019 and December 2020. The Court instructed the Government to continue its expedited review, transcription and production of these materials. The Court maintained, for the time being, the current trial date of February 16, 2021, subject to reassessment, including after defense counsel have had an opportunity to take stock of the new discovery materials. The Court directed counsel to supply the Court forthwith with draft orders with respect to the defendants' access to laptop computers at the MCC and to the defendants' access by video-conference to their counsel. The Court, finally, directed the Government, by Friday, January 15, 2021, to submit a letter reporting on its investigation as to how the discovery lapse disclosed by the Government in its letter of December 31, 2020 (Dkt. No. 367) came about. (Signed by Judge Paul A. Engelmayer on 1/4/2021) (ap) (Entered: 01/04/2021)
1/4/2021NOTICE OF ATTORNEY APPEARANCE Negar Tekeei appearing for USA. (Tekeei, Negar) (Entered: 01/04/2021)
1/4/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Judith H. Weil dated 12/31/2020 re: Dwayne Anthony Conley . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 01/04/2021)
1/4/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 1/3/2021 re: Dwayne Anthony Conley . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 01/04/2021)
1/4/2021 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 12/28/2020 re: Dwayne Anthony Conley . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 01/04/2021)
1/4/2021 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated January 3, 2021 re: Notification of Defense Counsel of BOP Materials Document filed by USA. (Attachments: # 1 Exhibit)(Wolf, Daniel) (Entered: 01/04/2021)
1/3/2021 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated January 3, 2021 re: Update Regarding BOP Emails and Calls Document filed by USA. (Wolf, Daniel) (Entered: 01/03/2021)
1/3/2021 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated January 3, 2021 re: Letter in Advance of January 4th Conference (Cecutti, Anthony) (Entered: 01/03/2021)
1/1/2021ORDER as to Justin Rivera, Dwayne Anthony Conley: The Court has reviewed the Government's letter of late afternoon on December 31, 2020 disclosing that it has recently learned that the Federal Bureau of Investigation ("FBI") is in possession of many hundreds of tape-recorded prison phone calls and many thousands of prison emails of defendants Justin Rivera and Dwayne Anthony Conley and three co-defendants. Dkt. 637. These calls and emails were made between February 2019, when this case was charged, and December 2020. The Government represents that it had not been aware that, after June 2019, the FBI was continuing to collect such recordings and emails, and that it therefore has not reviewed any calls or emails after that date nor produced any of these materials to any defendant. The Court has also received the December 31, 2020 letters from counsel for Conley, counsel for Rivera, Dkt. 640, and the Government, Dkt. 638, with respect to Conley's request of December 28, 2020, Dkt. 626, on account of the COVID-19 pandemic, for an adjournment of the trial which is scheduled to commence on February 16, 2021until a date in the second quarter of 2021. Regrettably, too, a thoroughgoing examination will be required of how this lapse occurred. The Court will take up these matters beginning at the telephonic conference scheduled for January 4, 2021, at 10:30 am. The Court expects the Government to take steps with the MCC to assure that both defendants are on that call promptly at 10:30 am. For the time being, the Court orders the following: 1. Urgent Transcription and Production: Assuming that the Government intends to continue with the prosecution of defendants Rivera and Conley, it is urgent that all the non-produced tapes and emails be produced forthwith to the defense, and that rough transcripts of all tapes be transcribed and also produced forthwith. The trial date for both River and Conley remains February 16, 2021. Given the time sensitivity of these issues, the Court is furnishing this Order by email to counsel for the Government, Rivera, and Conley, today, January 1, 2021. It will be publicly docketed on Monday, January 4, 2021. (Telephone Conference set for 1/4/2021 at 10:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 1/1/2021) (See ORDER set forth) (ap) Modified on 1/5/2021 (ap). (Entered: 01/04/2021)
12/31/2020 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated December 31, 2020 re: December 28, 2020 Order and Co-Defendant's Request for an Adjournment (Cecutti, Anthony) (Entered: 12/31/2020)
12/31/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated December 31, 2020 re: Discovery and Counsel Access for Justin Rivera at the MCC Document filed by USA. (Attachments: # 1 Best Declaration, # 2 Thompson Declaration)(Bhaskaran, Rushmi) (Entered: 12/31/2020)
12/31/2020 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated December 31, 2020 re: Dec. 28, 2020 Order / Adjournment Document filed by USA. (Wolf, Daniel) (Entered: 12/31/2020)
12/31/2020 LETTER by USA as to Justin Rivera, Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated December 31, 2020 re: BOP Emails and Calls Document filed by USA. (Wolf, Daniel) (Entered: 12/31/2020)
12/29/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for January 4, 2021 at 10:30a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906 (Telephone Conference set for 1/4/2021 at 10:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 12/29/2020)(jw) (Entered: 12/29/2020)
12/29/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Conference proceeding held on 12/7/20 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)
12/29/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Conference proceeding held on 12/7/20 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)
12/29/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 12/7/20 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 Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 12/7/20 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/19/2021. Redacted Transcript Deadline set for 1/29/2021. Release of Transcript Restriction set for 3/29/2021. (McGuirk, Kelly) (Entered: 12/29/2020)
12/29/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 12/21/20 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: 12/29/2020)
12/29/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 12/21/20 before Judge Paul A. Engelmayer. 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 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)
12/29/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 12/14/20 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 Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 12/14/20 before Judge Paul A. Engelmayer. 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 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)
12/28/2020ORDER as to Dwayne Anthony Conley. The Court has received the attached letter from counsel for Dwayne Anthony Conley, proposing an adjournment of Mr. Conley's trial, presumably until the second quarter of 2021, in light of developments regarding the COVID-19 pandemic. The Court will take up these issues at the next scheduled call involving all counsel and the defendants, which is scheduled for Monday, January 4, 2021, at 10:30 a.m. The Court would benefit from hearing the views of all parties on this question, and from elaboration by counsel for Mr. Conley. The Court accordingly directs Government counsel to organize a conference call tomorrow, December 29, 2020, among all counsel to discuss the range of issues raised by the letter. The Court further directs that, by noon on Thursday, December 31, 2020, counsel for the Government, and counsel for Mr. Rivera, separately file letters on the docket of this case setting forth their views ( Telephone Conference set for 1/4/2021 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/28/20)(jw) (Entered: 12/29/2020)
12/28/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated December 28, 2020 re: Request for Conference . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 12/28/2020)
12/24/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 12/2/20 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: 12/24/2020)
12/24/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 12/2/20 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Steven Greenblum, (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 1/14/2021. Redacted Transcript Deadline set for 1/25/2021. Release of Transcript Restriction set for 3/24/2021. (Moya, Goretti) (Entered: 12/24/2020)
12/22/2020ORDER as to Justin Rivera: IT IS HEREBY ORDERED that 1. Mr. Rivera may have access to an "air-gapped" laptop computer (the "Laptop") that is disabled from accessing the internet, local area networks, or other electronic devices; 2. Upon receipt of an acceptable laptop computer from counsel for Justin Rivera, the Government shall (a) ensure that the laptop is appropriately "air gapped" and compatible with the MCC's security requirements; and (b) deliver the laptop to the proper authorities at the MCC within 72 hours of completing the task described in 2(a); 3. The Laptop shall be password-protected and maintained in a location acceptable to Bureau of Prisons personnel; 4. Bureau of Prisons personnel will provide Mr. Rivera with access to the Laptop on a daily basis for at least three-hours per day in his cell; 5. This Order remains in effect until the trial in this matter is completed and a copy of this Order shall be made available to any unit where Mr. Rivera is housed, whether in the Special Housing Unit ("SHU") or otherwise; 6. Mr. Rivera shall execute an agreement setting forth his understanding that he may use the Laptop for the sole purpose of reviewing discovery and legal materials that relate to his criminal case, that he shall not share the Laptop or the materials loaded onto the Laptop with other inmates or with any attorney not appointed to this case without an order of this Court, that he will not access or attempt to access the internet or any form of wireless communication, and that he will forfeit his right under this Order to use the Laptop, and that he may expose himself to criminal prosecution for possessing or distributing a "prohibited object" as that term is defined in 18 U.S.C. § 1791(d) in the future, should he violate any of these understandings. 7. Within forty-eight hours of Mr. Rivera's execution of the agreement and the MCC's receipt of the Laptop from the Government, whichever is later, Mr. Rivera shall receive access to the Laptop subject to the following conditions: a. Mr. Rivera shall receive the Laptop daily in his cell; b. Mr. Rivera shall have access to the Laptop for a period of at least three hours per day; c. Mr. Rivera should be allowed to maintain possession of his hard drives and CDs, which are needed to access some previously produced discovery; and d. Mr. Rivera shall not have possession of any charging apparatus or cord that connects to the laptop. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/22/2020) (lnl) (Entered: 12/23/2020)
12/22/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated December 22, 2020 re: Jointly Proposed Order Regarding Justin Rivera's Laptop Access Document filed by USA. (Attachments: # 1 Text of Proposed Order)(Bhaskaran, Rushmi) (Entered: 12/22/2020)
12/21/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 12/21/2020. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, Judith Weil & Lloyd Epstein. AUSAs Rushmi Bhaskaran & Daniel Wolf present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 12/23/2020)
12/21/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 11/30/20 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: 12/21/2020)
12/21/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 11/30/20 before Judge Paul A. Engelmayer. 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 1/11/2021. Redacted Transcript Deadline set for 1/21/2021. Release of Transcript Restriction set for 3/22/2021. (Moya, Goretti) (Entered: 12/21/2020)
12/21/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 12/7/20 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: 12/21/2020)
12/21/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 12/7/20 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/11/2021. Redacted Transcript Deadline set for 1/21/2021. Release of Transcript Restriction set for 3/22/2021. (Moya, Goretti) (Entered: 12/21/2020)
12/20/2020 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated December 20, 2020 re: Mr. Rivera's Access to Discovery and Counsel (Cecutti, Anthony) (Entered: 12/20/2020)
12/20/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 11/25/20 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: 12/20/2020)
12/19/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 11/25/20 before Judge Paul A. Engelmayer. 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 1/11/2021. Redacted Transcript Deadline set for 1/19/2021. Release of Transcript Restriction set for 3/19/2021. (McGuirk, Kelly) (Entered: 12/20/2020)
12/18/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated December 18, 2020 re: Justin Rivera's Laptop Access, December 17-18, 2020 Document filed by USA. (Bhaskaran, Rushmi) (Entered: 12/18/2020)
12/16/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated December 16, 2020 re: Justin Rivera's Laptop Access on December 16, 2020 Document filed by USA. (Bhaskaran, Rushmi) (Entered: 12/16/2020)
12/15/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated December 15, 2020 re: Justin Rivera's Laptop Access on December 15, 2020 Document filed by USA. (Bhaskaran, Rushmi) (Entered: 12/15/2020)
12/15/2020ORDER as to Justin Rivera: IT IS HEREBY ORDERED that: 1. The MCC must make Mr. Rivera, who is presently housed at the MCC, available for video teleconferences, with his counsel, including attorneys and other members of his legal team;2. Mr. Rivera shall be allowed to have video teleconferences with other members of his legal team, including paralegals and investigators, without the presence of counsel; 3. Apart from and in addition to any videoconferences or teleconferences scheduled through the Federal Defenders of New York, Inc., the MCC shall provide Mr. Rivera with one video videoconference per week, lasting four hours; 4. The video teleconferences shall begin this week and no later than Friday, December 18, 2020; 5. This Order remains in effect until the trial in this matter is completed and a copy of this Order shall be immediately made available to and complied with by any MCC staff member of the unit where Mr. Rivera is housed; 6. Nothing in this Order is intended to limit or restrict any teleconference or videoconference time provided to Mr. Riveras defense counsel, in this case, or in any other case. 7. This Order is issued based on the facts and circumstances of this particular case, counsel, and defendant, and it should not be viewed as precedential. (Signed by Judge Paul A. Engelmayer on 12/15/2020) (ap) (Entered: 12/15/2020)
12/15/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated December 15, 2020 re: Additional Videoconference Access for Justin Rivera Document filed by USA. (Attachments: # 1 Text of Proposed Order)(Bhaskaran, Rushmi) (Entered: 12/15/2020)
12/15/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for December 21, 2020 at 10:30 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. (Telephone Conference set for 12/21/2020 at 10:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 12/15/2020) (ap) (Entered: 12/15/2020)
12/14/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated December 14, 2020 re: Justin Rivera's Laptop Access on December 14, 2020 Document filed by USA. (Bhaskaran, Rushmi) (Entered: 12/14/2020)
12/14/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 12/14/2020. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, Judith Weil & Lloyd Epstein. AUSAs Rushmi Bhaskaran & Daniel Wolf present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 12/14/2020)
12/13/2020 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated December 13, 2020 re: Update Regarding Access to Mr. Rivera and His Access to Discovery (Cecutti, Anthony) (Entered: 12/13/2020)
12/10/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 11/9/20 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: 12/10/2020)
12/10/2020TRANSCRIPT of Proceedings as to Justin Rivera re: Conference held on 11/9/20 before Judge Paul A. Engelmayer. 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 12/31/2020. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/10/2021. (Moya, Goretti) (Entered: 12/10/2020)
12/10/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for December 14, 2020 at 9:00 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906 (Telephone Conference set for 12/14/2020 at 09:00 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 12/10/20)(jw) (Entered: 12/10/2020)
12/9/2020ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court has been notified that trial in this case has been scheduled to begin on Tuesday, February 16, 2021. The Court accordingly sets the following deadlines, which are consistent with those the Court had agreed to set on the assumption of a February 16 trial date: The Government is to produce 3500 material as to victim witnesses on January 4, 2021, and as to all other testifying witnesses on January 11, 2021. The Government is to produce statements of non-testifying witnesses on January 19, 2021. Pretrial motions by each side are due on January 19, 2021. Oppositions to any such motions are due on February 1, 2021. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/9/2020)(jbo) (Entered: 12/09/2020)
12/8/2020 LETTER by USA as to Justin Rivera, Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated December 8, 2020 re: Jointly Proposed Schedule for Pretrial Disclosures and Motions Document filed by USA. (Attachments: # 1 Text of Proposed Order)(Bhaskaran, Rushmi) (Entered: 12/08/2020)
12/7/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 12/7/2020. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, Judith Weil & Lloyd Epstein. AUSAs Rushmi Bhaskaran & Benjamin Woodside Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 12/07/2020)
12/7/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 12/7/2020. Defendant present (in custody) with attorneys, Susan Kellman & Exra Spilke. AUSAs Rushmi Bhaskaran, Daniel Wolf & Benjamin Woodside Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 12/07/2020)
12/4/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 11/23/20 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.... (McGuirk, Kelly) (Entered: 12/04/2020)
12/4/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 11/23/20 before Judge Paul A. Engelmayer. 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 12/28/2020. Redacted Transcript Deadline set for 1/4/2021. Release of Transcript Restriction set for 3/4/2021. (McGuirk, Kelly) (Entered: 12/04/2020)
12/3/2020MEMO ENDORSEMENT 598 LETTER MOTION Accordingly, without objection from either the Government or the Pretrial Services officers, we respectfully request that Ms. Faustin's bail conditions be modified to eliminate the home detention and electronic monitoring with a curfew component of her release conditions. The balance of Ms. Faustin's bail conditions would remain in effect...ENDORSEMENT...Granted. The Clerk of Court is requested to terminate the motion at Dkt No. 598 (Signed by Judge Paul A. Engelmayer on 12/3/20) (jw) (Entered: 12/03/2020)
12/3/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated December 3, 2020 re: Modification to Bail Conditions . Document filed by Geraldine Faustin. (Kaley, John) (Entered: 12/03/2020)
12/3/2020ORDER as to Kari Parker: IT IS HEREBY ORDERED that the terms of supervised release for KARI PARKER, the defendant, be modified to include the following additional condition: KARI PARKER, the defendant, shall be required to call his United States Probation Officer once per week, as instructed by his United States Probation Officer. (Signed by Judge Paul A. Engelmayer on 12/3/2020) (ap) (Entered: 12/03/2020)
12/3/2020MEMO ENDORSEMENT as to Justin Rivera on re: 593 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated December 2, 2020 re: Declaration from the MCC. ENDORSEMENT: The Court directs Ms. McFarland to take personal responsibility for assuring that Mr. Rivera is produced on time for his next telephonic court appearance, scheduled for Monday, December 7, 2020, at 12:00 p.m. (Signed by Judge Paul A. Engelmayer on 12/3/2020) (ap) (Entered: 12/03/2020)
12/3/2020NOLLE PROSEQUI ENTERED as to Carl Andrews. Carl Andrews (6) Count 1s,1ss,2,2s,2ss,3ss,4ss,5ss,6ss,7,14. (Signed by Judge Paul A. Engelmayer on 12/3/2020) (ap) (Entered: 12/03/2020)
12/3/2020NOLLE PROSEQUI entered as to Carl Andrews. (Schrier, Benjamin) (Entered: 12/03/2020)
12/2/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated December 2, 2020 re: Declaration from the MCC Document filed by USA. (Bhaskaran, Rushmi) (Entered: 12/02/2020)
12/2/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated December 2, 2020 re: Status Update Document filed by USA. (Schrier, Benjamin) (Entered: 12/02/2020)
12/2/2020SCHEDULING ORDER as to Carl Andrews. The Court schedules a telephonic conference in this case for December 7, 2020 at 10:30 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/2/2020)(bw) (Entered: 12/02/2020)
12/2/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for December 7, 2020 at 12:00 p.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/2/2020)(bw) (Entered: 12/02/2020)
12/2/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer: TelephonicRevocation of Supervised Release - Interim Hearing as to Kari Parker held on 12/2/2020. Defendant present (on SR) with attorney, Daniel Parker. AUSA Benjamin Woodside Schrier present. SDNY USPO Jeffrey Steimel present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 12/02/2020)
11/30/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated November 30, 2020 re: Andrews's Request for Pole Camera Data Document filed by USA. (Wolf, Daniel) (Entered: 11/30/2020)
11/30/2020ORDER as to Justin Rivera. WHEREAS, the Court and the parties seek to ensure that Justin Rivera has meaningful access to review discovery and other case materials while detained at the Metropolitan Correctional Center ("MCC"); and WHEREAS, the Court seeks to ensure that such discovery access does not jeopardize the security and operational interests of the MCC; IT IS HEREBY ORDERED that 1. Mr. Rivera may have access to an "air-gapped" laptop computer (the "Laptop") that is disabled from accessing the internet, local area networks, or other electronic devices; (*** See this Order for complete details. ***) SO ORDERED: (Signed by Judge Paul A. Engelmayer on 11/30/2020)(bw) (Entered: 11/30/2020)
11/30/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 11/30/2020. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, Judith Weil & Lloyd Epstein. AUSAs Rushmi Bhaskaran, Daniel Wolf, Negar Tekeei & Benjamin Woodside Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 11/30/2020)
11/30/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 11/30/2020. Defendant present (in custody) with attorneys, Susan Kellman & Jacqueline Cistaro. AUSAs Rushmi Bhaskaran, Daniel Wolf & Benjamin Woodside Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 11/30/2020)
11/30/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated November 30, 2020 re: Andrews's Discovery Access Document filed by USA. (Bhaskaran, Rushmi) (Entered: 11/30/2020)
11/29/2020 LETTER by Carl Andrews addressed to Judge Paul A. Engelmayer from Ezra Spilke dated November 29, 2020 re: update regarding topics discussed at the last appearance (Spilke, Ezra) (Entered: 11/29/2020)
11/25/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated November 25, 2020 re: Proposed Order for Justin Rivera's Access to a Laptop at the MCC Document filed by USA. (Attachments: # 1 Text of Proposed Order)(Bhaskaran, Rushmi) (Entered: 11/25/2020)
11/25/2020Set/Reset Hearings as to Geraldine Faustin: Sentencing set for 2/4/2021 at 02:30 PM before Judge Paul A. Engelmayer. (ap) (Entered: 11/25/2020)
11/25/2020MEMO ENDORSEMENT as to Geraldine Faustin (7) granting 583 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley dated 11-25-20 re: Adjournment of Sentencing. ENDORSEMENT: GRANTED. Sentencing is adjourned to February 4, 2021 at 2:30 p.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 583. (Signed by Judge Paul A. Engelmayer on 11/25/2020) (ap) (Entered: 11/25/2020)
11/25/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley dated 11-25-20 re: Adjournment of Sentencing . Document filed by Geraldine Faustin. (Kaley, John) (Entered: 11/25/2020)
11/25/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 11/18/20 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: 11/25/2020)
11/25/2020TRANSCRIPT of Proceedings as to Justin Rivera re: Conference held on 11/18/20 before Judge Paul A. Engelmayer. 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 12/16/2020. Redacted Transcript Deadline set for 12/28/2020. Release of Transcript Restriction set for 2/23/2021. (McGuirk, Kelly) (Entered: 11/25/2020)
11/25/2020SCHEDULING ORDER as to Kari Parker: The next scheduled conference in this case will take place via telephone on December 2, 2020 at 10:30 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paulengelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. (Signed by Judge Paul A. Engelmayer on 11/25/2020) (ap) (Entered: 11/25/2020)
11/25/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 11/25/2020. Defendant present (in custody) with attorneys, Susan Kellman, Jacqueline Cistaro & Ezra Spilke. AUSAs Rushmi Bhaskaran & Benjamin Woodside Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 11/25/2020)
11/24/2020 LETTER by Carl Andrews addressed to Judge Paul A. Engelmayer from Ezra Spilke dated November 24, 2020, re: update regarding topics discussedat the last appearance (Spilke, Ezra) (Entered: 11/24/2020)
11/24/2020SCHEDULING ORDER as to Carl Andrews. The Court schedules a telephonic conference in this case for November 30, 2020 at 10:30 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. (Telephone Conference set for 11/30/2020 at 10:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 11/24/2020) (ap) (Entered: 11/24/2020)
11/24/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for November 30, 2020 at 12:00 p.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. (Telephone Conference set for 11/30/2020 at 12:00 PM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 11/24/2020) (ap) (Entered: 11/24/2020)
11/23/2020MEMO ENDORSEMENT as to Carl Andrews on re: 575 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated November 23, 2020 re: Adjournment Request. ENDORSEMENT: The Court will take up this issue at the telephonic conference scheduled for Wednesday, November 25, 2020. The Court adjourns the Government's obligation to respond to the defenses motion to dismiss based on allegedly insufficient evidence of venue until that conference is held. (Signed by Judge Paul A. Engelmayer on 11/23/2020) (ap) (Entered: 11/24/2020)
11/23/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated November 23, 2020 re: Adjournment Request Document filed by USA. (Schrier, Benjamin) (Entered: 11/23/2020)
11/23/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 11/23/2020. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, & Lloyd Epstein. AUSAs Rushmi Bhaskaran & Benjamin Woodside Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 11/23/2020)
11/23/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated November 23, 2020 re: Discovery Access for Justin Rivera at the MCC Document filed by USA. (Bhaskaran, Rushmi) (Entered: 11/23/2020)
11/18/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for November 23, 2020 at 12:00 p.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906 (Telephone Conference set for 11/23/2020 at 12:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/18/20)(jw) (Entered: 11/18/2020)
11/18/2020SCHEDULING ORDER as to Carl Andrews. The Court schedules a telephonic conference in this case for November 25, 2020 at 10:30 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906 ( Telephone Conference set for 11/25/2020 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/18/20)(jw) (Entered: 11/18/2020)
11/18/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 11/18/2020. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, Judith Weil & Lloyd Epstein. AUSAs Daniel Wolf & Rushmi Bhaskaran present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 11/18/2020)
11/18/2020SCHEDULING ORDER as to Carl Andrews. For the reasons set forth at today's conference, the Court sets the following deadlines: The Governments opposition to the motion to dismiss for lack of venue is due on November 23, 2020. Any defense reply to the Governments opposition to the venue motion is due on December 2, 2020 (Defense Replies due by 12/2/2020., Government Responses due by 11/23/2020) (Signed by Judge Paul A. Engelmayer on 11/18/20)(jw) (Entered: 11/18/2020)
11/18/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 11/18/2020..Defendant present (in custody) with attorneys, Susan Kellman, Jacqueline Cistaro & Ezra Spilke. AUSAs Rushmi Bhaskaran & Daniel Wolf present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 11/18/2020)
11/18/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated November 18, 2020 re: Order Permitting Justin Rivera Access to a Laptop and De-Designation of "Sensitive" Materials . Document filed by Justin Rivera. (Cecutti, Anthony) (Entered: 11/18/2020)
11/17/2020NOTICE OF ATTORNEY APPEARANCE: Jacqueline Elaine Cistaro appearing for Carl Andrews. Appearance Type: CJA Appointment. Associate Counsel (Cistaro, Jacqueline) (Entered: 11/17/2020)
11/17/2020 LETTER by Carl Andrews addressed to Judge Paul A. Engelmayer from Ezra Spilke dated November 17, 2020 re: update regarding topics raised at the last appearance (Spilke, Ezra) (Entered: 11/17/2020)
11/13/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 11/13/2020.Defendant present (in custody) with attorneys, Susan Kellman & Ezra Spilke. AUSAs Rushmi Bhaskaran & Daniel Wolf present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 11/13/2020)
11/13/2020MEMO ENDORSEMENT granting 544 FIRST LETTER MOTION filed by Carl Andrews (6), addressed to Judge Paul A. Engelmayer from Attorney Susan G. Kellman dated 10/26/2020 re: Requesting Additional Services. ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 544. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/13/2020) (bw) (Entered: 11/13/2020)
11/12/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 10/28/20 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: 11/12/2020)
11/12/2020TRANSCRIPT of Proceedings as to Justin Rivera re: Conference held on 10/28/20 before Judge Paul A. Engelmayer. 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 12/3/2020. Redacted Transcript Deadline set for 12/14/2020. Release of Transcript Restriction set for 2/10/2021. (McGuirk, Kelly) (Entered: 11/12/2020)
11/12/2020SCHEDULING ORDER as to Carl Andrews: The Court schedules a telephonic conference in this case for November 18, 2020 at 10:30 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Telephone Conference set for 11/18/2020 at 10:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 11/12/2020) (lnl) (Entered: 11/12/2020)
11/12/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley: The Court schedules a telephonic conference in this case for November 18, 2020 at 12:00 p.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Telephone Conference set for 11/18/2020 at 12:00 PM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 11/12/2020) (lnl) (Entered: 11/12/2020)
11/9/2020ORDER as to Justin Rivera, Dwayne Anthony Conley: For the reasons stated on the record at todays conference, the Court hereby sets the following schedule and deadlines: The Government is to produce 3500 material as to victim witnesses on December 14, 2020 and as to all other witnesses on December 21, 2020. Pretrial motions by each side are due on January 4, 2021. Oppositions to any such motions are due January 12, 2021. The above schedule presupposes a trial date of January 25, 2021. In the event that trial is durably scheduled for a later date, the Court will entertain an application modify this schedule. SO ORDERED. (Motions due by 1/4/2021. Responses due by 1/12/2021) (Signed by Judge Paul A. Engelmayer on 11/9/2020) (lnl) (Entered: 11/09/2020)
11/6/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 11/6/2020.Defendant present (in custody) with attorneys, Susan Kellman & Ezra Spilke. AUSAs Rushmi Bhaskaran, Daniel Wolf & Benjamin Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 11/06/2020)
11/5/2020Set/Reset Hearings as to Geraldine Faustin: Sentencing set for 12/9/2020 at 02:30 PM before Judge Paul A. Engelmayer. (ap) (Entered: 11/05/2020)
11/5/2020MEMO ENDORSEMENT as to Geraldine Faustin (7) granting 560 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated November 5, 2020 re: Adjournment of Sentencing Presently Scheduled for November 20, 2020. ENDORSEMENT: GRANTED. Sentencing is adjourned to December 9, 2020 at 2:30 p.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 560. (Signed by Judge Paul A. Engelmayer on 11/5/2020) (ap) (Entered: 11/05/2020)
11/5/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated November 5, 2020 re: Adjournment of Sentencing Presently Scheduled for November 20, 2020 . Document filed by Geraldine Faustin. (Kaley, John) (Entered: 11/05/2020)
11/4/2020SCHEDULING ORDER as to Carl Andrews. The Court schedules a telephonic conference in this case for November 13, 2020 at 10:30 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. (Telephone Conference set for 11/13/2020 at 10:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 11/4/2020) (ap) (Entered: 11/04/2020)
11/4/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for November 9, 2020 at 12:00 p.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. (Telephone Conference set for 11/9/2020 at 12:00 PM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 11/4/2020) (ap) Modified on 11/4/2020 (ap). (Entered: 11/04/2020)
11/2/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 11/2/2020. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, & Lloyd Epstein. AUSAs Daniel Wolf, Rushmi Bhaskaran & Benjamin Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 11/04/2020)
11/2/2020ORDER as to Carl Andrews: The Court has received the letter from defense counsel dated October 30, 2020, notifying the Court that Ezra Spilke, Esq., one of Mr. Andrews's two defense counsel, has a competing trial commitment, before Judge Ramos, in a trial that may be scheduled for January. Dkt. 554. Counsel should have notified this Court of the potential conflict earlier, including at the time the Court was asked to adjourn this case from October 20, 2020, into the first quarter of 2021 on account of the unavailability of a Government witness. As counsel will recall, the Court, in response to Mr. Andrews's requests for a prompt trial, has repeatedly stated its commitment to attempt to schedule this trial as early as possible in the first quarter of 2021, and if possible in January. Mr. Spilke's trial schedule, however, makes the Court's stated intention to schedule Mr. Andrews's trial in January likely unworkable, as it does not appear that Mr. Spilke could represent Mr. Andrews at a trial in this case if scheduled anytime in January. The Court accordingly hereby notifies counsel that Mr. Spilke's scheduling conflict may result in Mr. Andrews' trial being scheduled after that of his severed co-defendants, Justin Rivera and Dwayne Anthony Conley, and therefore potentially late in the first quarter of 2021. The Court understands both counsel for Mr. Andrews to be available during the first quarter of 2021, other than during the period when Mr. Spilke may be on trial before Judge Ramos (Signed by Judge Paul A. Engelmayer on 11/2/2020) (ap) Modified on 11/4/2020 (ap). (Entered: 11/02/2020)
11/2/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Judith H. Weil dated 10/30/2020 re: Dwayne Anthony Conley . Document filed by Dwayne Anthony Conley. (Weil, Judith) (Entered: 11/02/2020)
11/2/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated November 2, 2020 re: Discovery Access for Justin Rivera at the MCC Document filed by USA. (Bhaskaran, Rushmi) (Entered: 11/02/2020)
10/30/2020 LETTER by Carl Andrews addressed to Judge Paul A. Engelmayer from Ezra Spilke dated October 30, 2020 re: potential scheduling conflict (Attachments: # 1 Exhibit)(Spilke, Ezra) (Entered: 10/30/2020)
10/30/2020 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated October 30, 2020 re: 1st Quarter 2021 Trial Availability (Cecutti, Anthony) (Entered: 10/30/2020)
10/30/2020MEMO ENDORSEMENT as to Carl Andrews on re: 550 Letter filed by USA, the Government's plea offer will remain open until November 16, 2020. The Government respectfully requests that the deadline for its opposition to the defendant's motion to dismiss the indictment for improper venue which is currently due on Monday, November 2, 2020 be extended until Wednesday, November 18, 2020 (Government Responses due by 11/18/2020) (Signed by Judge Paul A. Engelmayer on 10/30/20)(jw) (Entered: 10/30/2020)
10/30/2020ORDER as to Lorenzo Randall, Ricarda Diamond, Geraldine Faustin, Anthony Darby. This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to confirm the Government's disclosure obligations under Brady v. This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to confirm the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. (See ORDER set forth). (Signed by Judge Paul A. Engelmayer on 10/30/2020)(ajs) (Entered: 10/30/2020)
10/30/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated October 30, 2020 re: Adjournment Request Document filed by USA. (Schrier, Benjamin) (Entered: 10/30/2020)
10/28/2020ORDER as to Justin Rivera, Dwayne Anthony Conley: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to confirm the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. (Signed by Judge Paul A. Engelmayer on 10/28/2020) (See ORDER set forth) (ap) (Entered: 10/28/2020)
10/28/2020SCHEDULING ORDER as to Carl Andrews. The Court schedules a telephonic conference in this case for November 6, 2020 at 10:30 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Telephone Conference set for 11/6/2020 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/28/2020)(jbo) (Entered: 10/28/2020)
10/28/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for November 2, 2020 at 12:00 p.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Telephone Conference set for 11/2/2020 at 12:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/28/2020)(jbo) (Entered: 10/28/2020)
10/28/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 10/28/2020.Defendant Conley present (in custody), defendant Rivera not produced. Attorneys Anthony Cecutti, Jennifer Louis-Jeune, Judith Weil & Lloyd Epstein. AUSAs Rushmi Bhaskaran & Benjamin Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 10/28/2020)
10/27/2020 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated October 27, 2020 re: Update as to Mr. Rivera's Access to Discovery at the MCC (Cecutti, Anthony) (Entered: 10/27/2020)
10/26/2020ORDER as to Carl Andrews. This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to confirm the Governments disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. The Government must disclose to the defense all information "favorable to an accused" that is "material either to guilt or to punishment" and that is known to the Government. Id. at 87. This obligation applies regardless of whether the information would itself constitute admissible evidence. The Government shall make good-faith efforts to disclose such information to the defense as soon as reasonably possible after its existence becomes known to the Government, so as to enable the defense to make effective use of the information in the preparation of its case. The Government must also disclose information that can be used to impeach the trial testimony of a Government witness. Such information must be disclosed sufficiently in advance of trial in order for the defendant to make effective use of it at trial or at such other time as the Court may order. The foregoing obligations are continuing ones and apply to materials that become known to the Government in the future. Additionally, if information is otherwise subject to disclosure, it must be disclosed regardless of whether the Government credits it. In the event the Government believes that a disclosure under this Order would compromise witness safety, victim rights, national security, a sensitive law-enforcement technique, or any other substantial government interest, it may apply to the Court for a modification of its obligations, which may include in camera review or withholding or subjecting to a protective order all or part of the information otherwise subject to disclosure. For purposes of this Order, the Government includes federal, state, and local law-enforcement officers and other officials who have participated in the investigation and prosecution of the offense or offenses with which the defendant is charged. The Government has an obligation to seek from these sources all information subject to disclosure under this Order. If the Government fails to comply with this Order, 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 enter any other order that is just under the circumstances. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/26/2020)(jbo) (Entered: 10/26/2020)
10/26/2020FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated 10/26/2020 re: Requesting Additional Services . Document filed by Carl Andrews. (Attachments: # 1 Exhibit ASSOCIATE COUNSEL'S CV, # 2 Exhibit EDNY LETTER RE: LAPTOPS IN THE BOP)(Kellman, Susan) (Entered: 10/26/2020)
10/26/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 10/26/2020. Defendant present (in custody) with attorneys, Susan Kellman & Ezra Spilke. AUSAs Rushmi Bhaskaran, Daniel Wolf & Benjamin Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 10/26/2020)
10/23/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated October 23, 2020 re: Letter from MCC Document filed by USA. (Attachments: # 1 Exhibit)(Wolf, Daniel) (Entered: 10/23/2020)
10/22/2020MEMO ENDORSEMENT as to (19-Cr-131-2) Justin Rivera on re: 539 LETTER MOTION filed by Justin Rivera addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated October 21, 2020 re: Removal of Restraints and Provision of Legal Materials, Writing Pad and Pen for Counsel Meetings with Justin Rivera in USMS Cellblocks. ENDORSEMENT: The Court has conferred with the deputy United States Marshal about this request. The Court is persuaded that, for security reasons, it is necessary that the defendant be restrained while in the USMS cellblock. The Court understands that counsel's request for Mr. Rivera to have a pen during his meeting with his counsel will be accommodated. The motion is therefore DENIED. The Clerk of Court is requested to terminate the motion at Dkt. No. 539. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/22/2020)(bw) (Entered: 10/22/2020)
10/22/2020SCHEDULING ORDER as to (19-Cr-131-06) Carl Andrews. The Court schedules a telephonic conference in this case for October 26, 2020 at 12:00 p.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/22/2020)(bw) (Entered: 10/22/2020)
10/22/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for October 28, 2020 at 12:00 p.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/22/2020)(bw) (Entered: 10/22/2020)
10/21/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated October 21, 2020 re: Removal of Restraints and Provision of Legal Materials, Writing Pad and Pen for Counsel Meetings with Justin Rivera in USMS Cellblocks . Document filed by Justin Rivera. (Cecutti, Anthony) (Entered: 10/21/2020)
10/21/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 10/21/2020. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, & Lloyd Epstein. AUSAs Daniel Wolf, Rushmi Bhaskaran & Benjamin Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 10/21/2020)
10/21/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 10/21/2020.Defendant present (in custody) with attorneys, Susan Kellman & Ezra Spilke. AUSAs Rushmi Bhaskaran & Benjamin Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 10/21/2020)
10/20/2020LETTER REPLY TO RESPONSE to Motion by Carl Andrews addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated 10/20/2020 re 534 SECOND MOTION in Limine .. (Kellman, Susan) (Entered: 10/20/2020)
10/19/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated October 19, 2020 re: Government's Reply to Andrews's Opposition to the Government's September 25, 2020 Motion in Limine Document filed by USA. (Bhaskaran, Rushmi) (Entered: 10/19/2020)
10/19/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated October 19, 2020 re: October 14, 2020 Order Document filed by USA. (Attachments: # 1 Exhibit)(Wolf, Daniel) (Entered: 10/19/2020)
10/16/2020MANDATE of USCA (Certified Copy) as to Carl Andrews re: 428 Notice of Appeal. USCA Case Number 20-2675. UPON DUE CONSIDERATION of Carl Andrewss (1) appeal under Rule 9(a) of the Federal Rules of Appellate Procedure of the order of the United States District Court for the Southern District of New York (Engelmayer, J.) denying his request for pretrial release, and (2) his motion to this Court for an order releasing him on bond, we have found no clear error or other abuse of discretion in the District Courts decision. Accordingly, we AFFIRM its order and DENY the motion for release... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/19/2020. (nd) (Entered: 10/19/2020)
10/16/2020SECOND MOTION in Limine . Document filed by Carl Andrews. (Attachments: # 1 Exhibit)(Kellman, Susan) (Entered: 10/16/2020)
10/16/2020MEMO ENDORSEMENT as to (19-Cr-131-06) Carl Andrews on re: 530 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from AUSA Rushmi Bhaskaran dated October 16, 2020 re: Andrews's Request for a Bench Trial. ENDORSEMENT: In light of the Government's decision not to consent to a bench trial, the Court is obliged to deny Andrews' motion for a bench trial. This case will be tried by jury, as early as possible in 2021. This order is without prejudice to a later motion for a bench trial. The parties are at liberty to resume discussing whether a stipulation can be reached as to the testimony of the witness whose unavailability during fall 2020 required the adjournment of trial until 2021. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/16/2020)(bw) (Entered: 10/16/2020)
10/16/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 6/24/2020 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: 10/16/2020)
10/16/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 6/24/20 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/6/2020. Redacted Transcript Deadline set for 11/16/2020. Release of Transcript Restriction set for 1/14/2021. (McGuirk, Kelly) (Entered: 10/16/2020)
10/16/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated October 16, 2020 re: Andrews's Request for a Bench Trial Document filed by USA. (Bhaskaran, Rushmi) (Entered: 10/16/2020)
10/16/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 10/16/2020. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, & Lloyd Epstein. AUSAs Daniel Wolf, Rushmi Bhaskaran & Benjamin Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 10/16/2020)
10/15/2020 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Counsel for Justin Rivera dated 10/15/2020 re: Update to Court on Access to Mr. Rivera and Mr. Rivera's Access to Discovery (Louis-Jeune, Jennifer) (Entered: 10/15/2020)
10/15/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for October 21, 2020 at 12:00 p.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/15/2020)(bw) (Main Document 528 replaced on 10/15/2020) (ajs). (Entered: 10/15/2020)
10/15/2020SCHEDULING ORDER as to (19-Cr-131-6) Carl Andrews. The Court schedules a telephonic conference in this case for October 21, 2020 at 10:30 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/15/2020)(bw) (Entered: 10/15/2020)
10/15/2020MEMO ENDORSEMENT as to (19-Cr-131-6) Carl Andrews on re: 525 LETTER MOTION filed by Carl Andrews addressed to Judge Paul A. Engelmayer from Attorney Ezra Spilke dated October 14, 2020 re: providing written notice of Carl Andrews' waiver of his right to a jury trial. ENDORSEMENT: The Court acknowledges this notification and awaits word from the Government as to whether it too consents to a bench trial, which the Court understands may turn on whether the parties can agree on a stipulation with respect to the testimony of a witness who is presently unavailable to testify before early 2021. In the event of mutual consent, the Court will contact counsel to schedule a prompt bench trial. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/15/2020)(bw) (Entered: 10/15/2020)
10/15/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Terminate Hearings as to Justin Rivera, Dwayne Anthony Conley (ajs) (Entered: 10/15/2020)
10/14/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 10/14/2020. Defendant present (in custody) with attorneys, Susan Kellman & Ezra Spilke. AUSAs Rushmi Bhaskaran & Benjamin Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 10/15/2020)
10/14/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Ezra Spilke dated October 14, 2020 re: providing written notice of Carl Andrews' waiver of his right to a jury trial . Document filed by Carl Andrews. (Spilke, Ezra) (Entered: 10/14/2020)
10/14/2020ORDER as to (19-Cr-131-06) Carl Andrews. The Court hereby vacates the order it had issued, Dkt. 521, ordering the MCC to allow defendant Carl Andrews to possess and use a laptop computer inside the MCC to review discovery. The Court issued that order under the misimpression that it had been agreed to by all parties and the MCC. For the reasons stated in today's conference, however, the Court directs the Government, working with the MCC and defense, to develop by Monday, October 19, 2020, a concrete arrangement under which Mr. Andrews can promptly and effectively review the Rule 16 discovery and § 3500 material in this case, and to set out the terms of that arrangement in a letter due to the Court that day. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/14/2020)(bw) (Entered: 10/14/2020)
10/14/2020LETTER RESPONSE in Opposition by Carl Andrews addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated 10/14/2020 re: 522 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated October 13, 2020 re: Objection to Motion for Laptop Inside MCC and Request for Reconsideration in Light of Objection .. (Kellman, Susan) (Entered: 10/14/2020)
10/13/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated October 13, 2020 re: Objection to Motion for Laptop Inside MCC and Request for Reconsideration in Light of Objection . Document filed by USA as to Carl Andrews. (Attachments: # 1 Exhibit)(Wolf, Daniel) (Entered: 10/13/2020)
10/13/2020[*** ORDER VACATED. SEE ORDER, DOC.#524, FILED ON 10/14/2020. ***] ORDER as to (19-Cr-131-6) Carl Andrews. WHEREAS modified operations the Metropolitan Correctional Center ("MCC") has instituted in response to the COVID-19 pandemic present substantial obstacles to the ability of inmates to review discovery and other case materials; and WHEREAS measures can be taken for an inmate to review case materials on a laptop computer without jeopardizing the security and operational interests of the MCC; IT IS HEREBY ORDERED that 1. Upon receipt of an acceptable laptop computer from counsel for Carl Andrews, the Government shall (a) install password-protected software that prevents access to the internet, any and all wireless communication, games and entertainment programs of any kind; (b) load all of the discovery (including Jencks Act material) onto the laptop that is not marked as sensitive or confidential unless that material is appropriately redacted; and (c) deliver the laptop containing the discovery to the proper authorities at the MCC, within 72 hours. The government shall make all reasonable efforts to keep excluded material to minimum by redacting sensitive content wherever possible; 2. Andrews shall execute an agreement setting forth his understanding that he may use the laptop for the sole purpose of reviewing discovery and legal materials that relate to his criminal case, that he shall not share the laptop or the materials loaded onto the laptop with other inmates or with any attorney not appointed to this case without an order of this Court, that he will not access or attempt to access the internet or any form of wireless communication and that he will forfeit his right under this Order to use the laptop in the future should he violate any of these understandings. 3. Within forty-eight hours of Andrews' execution of the agreement and the MCC's receipt of the laptop from the Government, whichever is later, Andrews shall receive access to the laptop subject to the following conditions: a. Andrews shall receive the laptop daily, at 9:00 a.m., from a counselor or other officer on his unit; b. The laptop shall be collected daily by an officer at 9:00 p.m., so that it can be recharged for use on the next day; c. Andrews shall not have possession of any charging apparatus or cord that connects to the laptop. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/13/2020)(bw). Modified on 10/14/2020 (bw). (Entered: 10/13/2020)
10/13/2020MEMO ENDORSEMENT as to (19-Cr-131-2) Justin Rivera on re: 519 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from AUSA Rushmi Bhaskaran dated October 13, 2020 re: Rivera's Request for a Bench Trial. ENDORSEMENT: The Court appreciates this update. In light of the Government's decision not to consent to a bench trial, the trial in this case will be a jury trial. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/13/2020)(bw) (Entered: 10/13/2020)
10/13/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated October 13, 2020 re: Rivera's Request for a Bench Trial Document filed by USA. (Bhaskaran, Rushmi) (Entered: 10/13/2020)
10/11/2020FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated 10/11/2020 re: Provide Defendant with laptop computer at the MCC . Document filed by Carl Andrews. (Attachments: # 1 Text of Proposed Order)(Kellman, Susan) (Entered: 10/11/2020)
10/9/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 9/11/20 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: 10/09/2020)
10/9/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 9/11/20 before Judge Paul A. Engelmayer. 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 10/30/2020. Redacted Transcript Deadline set for 11/9/2020. Release of Transcript Restriction set for 1/7/2021. (McGuirk, Kelly) (Entered: 10/09/2020)
10/9/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 10/5/20 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: 10/09/2020)
10/9/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 10/5/20 before Judge Paul A. Engelmayer. 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 10/30/2020. Redacted Transcript Deadline set for 11/9/2020. Release of Transcript Restriction set for 1/7/2021. (McGuirk, Kelly) (Entered: 10/09/2020)
10/8/2020SCHEDULING ORDER as to Carl Andrews. The Court schedules a telephonic conference in this case for October 14, 2020 at 9:00 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906(Telephone Conference set for 10/14/2020 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/8/2020)(jw) (Entered: 10/08/2020)
10/8/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for October 16, 2020 at 10:30 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906 (Telephone Conference set for 10/16/2020 at 10:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 10/8/20)(jw) (Entered: 10/08/2020)
10/7/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 10/7/2020. Defendant present (in custody) with attorneys, Susan Kellman & Ezra Spilke. AUSAs Rushmi Bhaskaran & Benjamin Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 10/07/2020)
10/5/2020Terminate Deadlines and Hearings as to Kari Parker:. (ajs) (Entered: 10/06/2020)
10/5/2020 PROTECTIVE ORDER as to Carl Andrews...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Paul A. Engelmayer on 10/5/20)(jw) (Entered: 10/05/2020)
10/5/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 10/5/2020.Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, Judith Weil & Lloyd Epstein. AUSAs Daniel Wolf, Rushmi Bhaskaran & Benjamin Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 10/05/2020)
10/5/2020MEMO ENDORSEMENT 503 LETTER MOTION In light of today's ruling adjourning trial until the first quarter of 2021, we write to respectfully request a two-week extension of the deadline for the filing of Mr. Andrews' opposition to the government's motion in limine. We have conferred with counsel for the government who has no objection to this request...ENDORSEMENT...Granted. The Clerk of Court is requested to terminate the motion at Dkt. No. 503. SO ORDERED (Signed by Judge Paul A. Engelmayer on 10/5/2020) (jw) (Entered: 10/05/2020)
10/5/2020Set/Reset Deadlines/Hearings as to Kari Parker:Revocation of Supervised Release set for 12/2/2020 at 10:30 AM before Judge Paul A. Engelmayer (jw) (Entered: 10/05/2020)
10/5/2020MEMO ENDORSEMENT 507 LETTER MOTION Requesting that the Court adjourn the previously scheduled conference as to Kari Parker...ENDORSEMENT...Granted. The Court adjourn the conference scheduled for October 8, 2020, and schedules a control date for December 2, 2020 at 10:30 a.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 507. SO ORDERED (Signed by Judge Paul A. Engelmayer on 10/5/2020) (jw) (Entered: 10/05/2020)
10/4/2020 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Anthony Cecutti dated October 4, 2020 re: Letter in Advance of October 5, 2020 Conference (Cecutti, Anthony) (Entered: 10/04/2020)
10/4/2020SECOND LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker re: October 4, 2020 . Document filed by Kari Parker. (Parker, Daniel) (Entered: 10/04/2020)
10/2/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 9/25/20 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: 10/02/2020)
10/2/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 9/25/20 before Judge Paul A. Engelmayer. 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 10/23/2020. Redacted Transcript Deadline set for 11/2/2020. Release of Transcript Restriction set for 12/31/2020. (McGuirk, Kelly) (Entered: 10/02/2020)
10/2/2020ORDER as to Carl Andrews: The Clerk of Court is requested to strike the entry at Docket Number 502 in its entirety. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/2/2020) (lnl) (Entered: 10/02/2020)
10/2/2020AMENDED LETTER MOTION addressed to Judge Paul A. Engelmayer from Ezra Spilke dated October 2, 2020 re: extension of deadline for opposition brief to replace Dkt. 502. Document filed by Carl Andrews. (Spilke, Ezra) (Entered: 10/02/2020)
10/2/2020 STRICKEN PER COURT ORDER - SEE DE#504 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR (SEE #503) LETTER MOTION addressed to Judge Paul A. Engelmayer from Ezra Spilke dated October 2, 2020 re: extension of deadline for opposition brief . Document filed by Carl Andrews. (Spilke, Ezra) Modified on 10/2/2020 (kj). Modified on 10/2/2020 (lnl). (Entered: 10/02/2020)
10/2/2020ORDER as to Justin Rivera, Dwayne Anthony Conley: At a conference held today, the Court adjourned the trial in this case, which had been scheduled to begin on November 9, 2020, until January 15, 2021, and excluded time under the Speedy Trial Act until January 15, 2021, pursuant to 18 U.S.C. §§ 3161(h)(7)(A). The Court's reasons for these rulings are set out in the transcript of the conference. The Court also scheduled a conference in the case for Friday, November 6, 2020, at 10:30 a.m., to discuss the scheduling of a trial in early 2021. In light of the adjournment of trial, the Court also adjusted due dates for, inter alia, disclosure of certain Jencks Act materials, as reflected in the transcript of the conference. SO ORDERED. (Status Conference set for 11/6/2020 at 10:30 AM before Judge Paul A. Engelmayer) (Time excluded from 11/9/2020 until 1/15/2021) (Signed by Judge Paul A. Engelmayer on 10/2/2020) (lnl) (Entered: 10/02/2020)
10/2/2020ORDER as to Carl Andrews: At a conference held today, the Court adjourned the trial in this case, which had been scheduled to begin on October 20, 2020, until January 15, 2021, and excluded time under the Speedy Trial Act until January 15, 2021, pursuant to 18 U.S.C. § 3161(h)(7)(A). The Court's reasons for these rulings are set out in the transcript of the conference. The Court also scheduled a conference in the case for Friday, November 6, 2020. to discuss the scheduling of a trial in early 2021. In light of the adjournment of trial, the Court also adjusted due dates for, inter alia, disclosure of certain Jencks Act materials, as reflected in the transcript of the conference. SO ORDERED. (Time excluded from 10/20/2020 until 1/15/2021) (Signed by Judge Paul A. Engelmayer on 10/2/2020) (lnl) (Entered: 10/02/2020)
10/2/2020LETTER RESPONSE in Opposition by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated October 2, 2020 re: 490 FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated 9/25/2020 re: In Limine Rulings . MOTION in Limine .. re: JSSA Discovery Request (Attachments: # 1 Exhibit Transcript of June 30, 2020 Proceeding in United States v. Balde, 20 Cr. 281 (KPF), # 2 Exhibit Transcript of Sept. 14, 2020 Proceeding in United States v. Balde, 20 Cr. 281 (KPF), # 3 Exhibit Proposed Order)(Wolf, Daniel) (Entered: 10/02/2020)
10/2/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 10/2/2020. Defendant present (in custody) with attorneys, Susan Kellman & Ezra Spilke. AUSAs Daniel Wolf, Rushmi Bhaskaran & Benjamin Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 10/02/2020)
10/2/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 10/2/2020. Defendants present (in custody) with attorneys, Anthony Cecutti, Jennifer Louis-Jeune, Judith Weil & Lloyd Epstein. AUSAs Daniel Wolf, Rushmi Bhaskaran & Benjamin Schrier present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 10/02/2020)
9/30/2020 LETTER by USA as to Justin Rivera, Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated September 30, 2020 re: Government's Request for an Adjournment of the November 9, 2020 Trial Document filed by USA. (Bhaskaran, Rushmi) (Entered: 09/30/2020)
9/30/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated September 30, 2020 re: Witness's Anticipated Testimony Document filed by USA. (Bhaskaran, Rushmi) (Entered: 09/30/2020)
9/30/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for October 5, 2020 at 12:00 p.m. This conference is in addition to the conference scheduled for October 2, 2020. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID- 19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906 ( Telephone Conference set for 10/5/2020 at 12:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/30/20)(jw) (Entered: 09/30/2020)
9/30/2020SCHEDULING ORDER as to Carl Andrews. The Court schedules a telephonic conference in this case for October 7, 2020 at 12:00 p.m. This conference is in addition to the conference scheduled for October 2, 2020. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID- 19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906( Status Conference set for 10/7/2020 at 12:00 PM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 9/30/20)(jw) (Entered: 09/30/2020)
9/29/2020MEMO ENDORSEMENT as to Carl Andrews on 493 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated September 29, 2020 re: Adjournment Request. ENDORSEMENT: Granted. The Court extends the Governments deadline to respond to the motion to dismiss for lack of venue until October 13, 2020. In the event that the Court adjourns the present trial date, the Court expects to adjourn this due date further, to November 2, 2020. SO ORDERED. (Responses due by 10/13/2020) (Signed by Judge Paul A. Engelmayer on 9/29/2020) (lnl) (Entered: 09/29/2020)
9/29/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated September 29, 2020 re: Adjournment Request Document filed by USA. (Schrier, Benjamin) (Entered: 09/29/2020)
9/28/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 9/1/20 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: 09/28/2020)
9/28/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 9/1/2020 before Judge Paul A. Engelmayer. 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 10/19/2020. Redacted Transcript Deadline set for 10/29/2020. Release of Transcript Restriction set for 12/28/2020. (McGuirk, Kelly) (Entered: 09/28/2020)
9/25/2020FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated 9/25/2020 re: In Limine Rulings ., MOTION in Limine . Document filed by Carl Andrews. (Attachments: # 1 Exhibit Juror Questionnaire)(Kellman, Susan) (Entered: 09/25/2020)
9/25/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 9/18/20 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: 09/25/2020)
9/25/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 9/18/20 before Judge Paul A. Engelmayer. 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 10/16/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/24/2020. (McGuirk, Kelly) (Entered: 09/25/2020)
9/25/2020ORDER as to Carl Andrews. For the reasons set forth on the record of today's conference, the Court scheduled a next conference for Friday, October 2, 2020, and excluded time until that date, pursuant to 18 U.S.C. 3161(h)(7)(A). Time excluded from 9/25/2020 until 10/2/2020. (Signed by Judge Paul A. Engelmayer on 9/25/2020) (ap) (Entered: 09/25/2020)
9/25/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 9/25/2020. Defendant present (in custody) with attorneys, Susan Kellman & Ezra Spilke. AUSAs Bhaskaran, Schrier & Wolf present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 09/25/2020)
9/24/2020SECOND LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated September 24, 2020 re: Government's Request for an Adjournment of the October 20, 2020 Trial Document filed by USA. (Bhaskaran, Rushmi) (Entered: 09/24/2020)
9/24/2020SCHEUDLING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for October 2, 2020 at 9:00 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. (Telephone Conference set for 10/2/2020 at 09:00 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 9/24/2020) (ap) (Entered: 09/24/2020)
9/24/2020SCHEDULING ORDER as to Carl Andrews. The Court schedules a telephonic conference in this case for October 2, 2020 at 10:30 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. (Telephone Conference set for 10/2/2020 at 10:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 9/24/2020) (ap) (Entered: 09/24/2020)
9/23/2020ORDER of USCA (Certified Copy) as to Carl Andrews re: 428 Notice of Appeal. USCA Case Number 20-2675. UPON DUE CONSIDERATION of Carl Andrews's (1) appeal under Rule 9(a) of the Federal Rules of Appellate Procedure of the order of the United States District Court for the Southern District of New York (Engelmayer, J.) denying his request for pretrial release, and (2) his motion to this Court for an order releasing him on bond, we have found no clear error or other abuse of discretion in the District Court's decision. Accordingly, we AFFIRM its order and DENY the motion for release. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 9/23/2020. (nd) (Entered: 09/23/2020)
9/23/2020MEMO ENDORSEMENT as to Carl Andrews on re: 481 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated September 21, 2020 re: Adjournment Request. ENDORSEMENT: Granted. The deadline for the defense reply is October 9, 2020. (Replies due by 10/9/2020.) (Signed by Judge Paul A. Engelmayer on 9/23/2020) (ap) Modified on 9/24/2020 (ap). (Entered: 09/23/2020)
9/21/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated September 21, 2020 re: Adjournment Request Document filed by USA. (Schrier, Benjamin) (Entered: 09/21/2020)
9/21/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 9/16/20 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: 09/21/2020)
9/21/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 9/16/20 before Judge Paul A. Engelmayer. 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 10/13/2020. Redacted Transcript Deadline set for 10/22/2020. Release of Transcript Restriction set for 12/21/2020. (McGuirk, Kelly) (Entered: 09/21/2020)
9/21/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 9/16/20 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: 09/21/2020)
9/21/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 9/16/20 before Judge Paul A. Engelmayer. 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 10/13/2020. Redacted Transcript Deadline set for 10/22/2020. Release of Transcript Restriction set for 12/21/2020. (McGuirk, Kelly) (Entered: 09/21/2020)
9/21/2020Set/Reset Deadlines as to Carl Andrews: Motions due by 9/25/2020. Responses due by 10/2/2020. Replies due by 10/7/2020. (ap) (Entered: 09/21/2020)
9/21/2020MEMO ENDORSEMENT as to Carl Andrews (6)granting 475 JOINT LETTER MOTION addressed to Judge Paul A. Engelmayer from Ezra Spilke dated September 21, 2020 re: a briefing schedule for supplemental motions in limine. ENDORSEMENT: GRANTED. Reply briefs, if a party believes a reply necessary, are due October 7, 2020 and are limited to 5 pages in length. The Clerk of Court is requested to terminate the motion at Dkt. No. 475. (Signed by Judge Paul A. Engelmayer on 9/21/2020) (ap) (Entered: 09/21/2020)
9/21/2020JOINT LETTER MOTION addressed to Judge Paul A. Engelmayer from Ezra Spilke dated September 21, 2020 re: a briefing schedule for supplemental motions in limine . Document filed by Carl Andrews. (Spilke, Ezra) (Entered: 09/21/2020)
9/18/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 9/18/2020. All parties present via telephone. Court reporter present. Time excluded pursuant to 18 U.S.C. 3161(h)(7)(A), until 9/25/2020. See transcript. (ajs) (Entered: 09/18/2020)
9/18/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated September 18, 2020 re: Adjournment . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 09/18/2020)
9/17/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Counsel for Rivera and Conley dated 09/17/2020 re: Proposed Order to MCC . Document filed by Justin Rivera, Dwayne Anthony Conley. (Attachments: # 1 Text of Proposed Order)(Louis-Jeune, Jennifer) (Entered: 09/17/2020)
9/17/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated September 17, 2020 re: Adjournment Request Document filed by USA. (Schrier, Benjamin) (Entered: 09/17/2020)
9/17/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated September 17, 2020 re: Government's Request for an Adjournment of the October 20, 2020 Trial Document filed by USA. (Bhaskaran, Rushmi) (Entered: 09/17/2020)
9/16/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 9/16/2020. Defendant not present. All attorneys present via telephone. Court reporter present. See transcript. (ajs) (Entered: 09/16/2020)
9/16/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley held on 9/16/2020. All parties present via telephone. Court reporter present. See transcript. (ajs) (Entered: 09/16/2020)
9/16/2020SCHEDULING ORDER as to Carl Andrews. The Court schedules a telephonic conference in this case for September 25, 2020 at 12:00 p.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906( Telephone Conference set for 9/25/2020 at 12:00 PM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 9/16/2020)(jw) (Main Document 469 replaced on 9/16/2020) (ajs). (Entered: 09/16/2020)
9/16/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Judith H. Weil dated 9/15/2020 re: Dwayne Anthony Conley . Document filed by Dwayne Anthony Conley as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. (Weil, Judith) (Entered: 09/16/2020)
9/16/2020 LETTER by Carl Andrews addressed to Judge Paul A. Engelmayer from Ezra Spilke dated September 15, 2020 re: notifying the Court of anticipated supplemental motions in limine and requests to charge (Spilke, Ezra) (Entered: 09/16/2020)
9/15/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 9/11/20 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: 09/15/2020)
9/15/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 9/11/20 before Judge Paul A. Engelmayer. 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 10/6/2020. Redacted Transcript Deadline set for 10/16/2020. Release of Transcript Restriction set for 12/14/2020. (McGuirk, Kelly) (Entered: 09/15/2020)
9/14/2020SCHEDULING ORDER as to (19-Cr-131-6) Carl Andrews. The Court schedules an additional telephonic conference in this case for September 16, 2020 at 12:00 p.m., without the defendant's presence. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/14/2020)(bw) (Entered: 09/14/2020)
9/11/2020 REVISED SCHEDULING ORDER as to Carl Andrews. Due to a scheduling conflict, IT IS HEREBY ORDERED that the conference in this matter, previously scheduled for September 16, 2020, is rescheduled to September 18, 2020 at 12:00 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/11/2020) (Telephone Conference set for 9/18/2020 at 12:00 PM before Judge Paul A. Engelmayer.)(jbo) (Entered: 09/11/2020)
9/11/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 9/11/2020. Defendant not present. Defense counsel Susan Kellman & Ezra Spilke prsent. AUSAs Daniel Wolf present. Nicole MacFarland present for MCC. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 09/11/2020)
9/11/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer: TelephonicPretrial Conference as to Carl Andrews held on 9/11/2020. Defendant present (in custody) with attorneys, Susan Kellman & Ezra Spilke. AUSAs Daniel Wolf & Rushmi Bhaskaran present. Court reporter present. All parties present via telephone. See transcript. (ajs) (Entered: 09/11/2020)
9/10/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 8/20/20 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: 09/10/2020)
9/10/2020TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 8/20/20 before Judge Paul A. Engelmayer. 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 10/1/2020. Redacted Transcript Deadline set for 10/13/2020. Release of Transcript Restriction set for 12/9/2020. (McGuirk, Kelly) (Entered: 09/10/2020)
9/10/2020 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated September 10, 2020 re: Potential Venues for Attorney-Client Meetings Document filed by USA. (Wolf, Daniel) (Entered: 09/10/2020)
9/10/2020SCHEDULING ORDER as to Carl Andrews. The Court schedules a telephonic conference in this case for September 16, 2020 at 12:00 p.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/10/2020) (Telephone Conference set for 9/16/2020 at 12:00 PM before Judge Paul A. Engelmayer.)(jbo) (Entered: 09/10/2020)
9/10/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court schedules a telephonic conference in this case for September 16, 2020 at 10:30 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul- engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/10/2020) (Telephone Conference set for 9/16/2020 at 10:30 AM before Judge Paul A. Engelmayer.)(jbo) (Entered: 09/10/2020)
9/8/2020DECLARATION of Ezra Spilke in Support as to Carl Andrews re: 455 MOTION to Dismiss .. (Attachments: # 1 Exhibit Combined Exhibits A through E)(Spilke, Ezra) (Entered: 09/08/2020)
9/8/2020MEMORANDUM in Support by Carl Andrews re 455 MOTION to Dismiss .. (Spilke, Ezra) (Entered: 09/08/2020)
9/8/2020 MOTION to Dismiss . Document filed by Carl Andrews. (Spilke, Ezra) (Entered: 09/08/2020)
9/8/2020MEMO ENDORSEMENT as to Carl Andrews (6) on 453 FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated 9/4/2020 re: Requesting a venue for meeting with client outside of the MCC. ENDORSEMENT: The Court shares defense counsel's concern. It would of course not be viable to condition Mr. Andrews' in-person trial preparation meetings with his counsel on such meetings occurring in a place in which counsel faces heightened exposure to COVID-19. The Court's order of September 3, 2020 necessarily contemplated that the twice-weekly meetings between Mr. Andrews and his counsel which the Court has ordered the BoP to accommodate take place in a venue that is assuredly safe for counsel. While the Court will not at this time dictate the location of such meetings, the Court expects the Justice Department, of which the BoP is a component, to find a safe venue for such meetings, and encourages the BoP to consider hosting them in one of the District's Manhattan courthouses. The Clerk of Court is requested to terminate the motion at Dkt. No. 453. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/8/2020) (lnl) (Entered: 09/08/2020)
9/4/2020FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated 9/4/2020 re: Requesting a venue for meeting with client outside of the MCC . Document filed by Carl Andrews. (Kellman, Susan) (Entered: 09/04/2020)
9/3/2020ORDER as to Justin Rivera, Dwayne Anthony Conley: The Court hereby notifies counsel that trial in this case has been scheduled to commence on Monday, November 9, 2020. This date is one on which counsel have previously advised the Court they are available. This is a firm trial date. Because the date has been set in conjunction with the setting of other jury trial dates during the fourth quarter of 2020, and because the District's capacity to host jury trials is limited by current safety protocols, this date cannot be readily moved. The Court intends to schedule a next telephonic conference in this case for the week of Monday, September 14,2020, and has solicited counsels' availability during that week. At that conference, the Court will be prepared to take up with counsel issues relating to trial administration as affected by pandemic safety protocols, including relating to counsels' pretrial access to their clients. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/3/2020) (lnl) (Entered: 09/03/2020)
9/3/2020 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated September 3, 2020 re: Service of Sept. 3, 2020 Order upon MCC and BOP Document filed by USA. (Wolf, Daniel) (Entered: 09/03/2020)
9/3/2020ORDER as to Carl Andrews: date for the jury trial in this case has been set, and approved by the Board of Judges, for Tuesday, October 20, 2020. The Court has confirmed this date with counsel. This is a firm trial date. Because the date has been set in conjunction with the setting of other jury trial dates during the fourth quarter of 2020, and because the Districts capacity to host jury trials is limited by current safety protocols, this date cannot be readily moved. In light of the forthcoming trial date, and in light of the unique challenges presented by To assure that there is full compliance with and no confusion about these orders, the Court schedules a telephonic conference for Friday, September 11, 2020, at 11 a.m. the current public health circumstances, the Court orders the following: 1. A pretrial conference will be scheduled each week between next week and the week of trial, to enable the Court promptly to be alerted to and address any issues that have arisen. As counsel have been notified, the first such conference will be held telephonically on Friday, September 11, 2020, at 9 a.m. (Pretrial Conference set for 9/11/2020 at 09:00 AM before Judge Paul A. Engelmayer. Telephone Conference set for 9/11/2020 at 11:00 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 9/3/2020) (See ORDER set forth) (ap) (Entered: 09/03/2020)
9/3/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Trial proceeding held on 3/16/2020 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: 09/03/2020)
9/3/2020TRANSCRIPT of Proceedings as to Carl Andrews re: Trial held on 3/16/2020 before Judge Paul A. Engelmayer. 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 9/24/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/2/2020. (McGuirk, Kelly) (Entered: 09/03/2020)
9/3/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Trial proceeding held on 3/12/2020 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: 09/03/2020)
9/3/2020TRANSCRIPT of Proceedings as to Carl Andrews re: Trial held on 3/12/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/24/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/2/2020. (McGuirk, Kelly) (Entered: 09/03/2020)
9/3/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Trial proceeding held on 3/11/2020 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: 09/03/2020)
9/3/2020TRANSCRIPT of Proceedings as to Carl Andrews re: Trial held on 3/11/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/24/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/2/2020. (McGuirk, Kelly) (Entered: 09/03/2020)
9/3/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Trial proceeding held on 3/10/2020 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: 09/03/2020)
9/3/2020TRANSCRIPT of Proceedings as to Carl Andrews re: Trial held on 3/10/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/24/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/2/2020. (McGuirk, Kelly) (Entered: 09/03/2020)
9/3/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Trial proceeding held on 3/9/2020 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: 09/03/2020)
9/3/2020TRANSCRIPT of Proceedings as to Carl Andrews re: Trial held on 3/9/2020 before Judge Paul A. Engelmayer. 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 9/24/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/2/2020. (McGuirk, Kelly) (Entered: 09/03/2020)
9/2/2020SCHEDULING ORDER as to Carl Andrews. The Court schedules a telephonic conference in this case for September 11, 2020 at 9:00 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. (Telephone Conference set for 9/11/2020 at 09:00 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 9/2/2020) (ap) (Entered: 09/02/2020)
9/1/2020JUDGMENT IN A CRIMINAL CASE as to Brian Smith (5). THE DEFENDANT: pleaded guilty to count 1s of the S4 Information. All open counts are dismissed on the motion of the United States. IMPRISONMENT: Twenty-four (24) months. Twenty-four (24) months. This term of imprisonment takes into account 3 1/2 months of time served on relevant conduct. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be designated to a facility as close to Long Island, NY, to facilitate family visits. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Three (3) years. The first six (6) months of the supervised release term shall be subject to a special condition of home confinement, under which the defendant is to be permitted to leave home to attend employment, medical visits, mental health and substance abuse treatment programs, and any other purposes authorized in advance by the Probation Department. See ADDITIONAL SUPERVISED RELEASE TERMS. ASSESSMENT: $100.00 due immediately. (Signed by Judge Paul A. Engelmayer on 9/1/2020) (ap) (Entered: 09/01/2020)
9/1/2020DISMISSAL OF COUNTS on Government Motion as to Brian Smith (5) Count 1. (ap) (Entered: 09/01/2020)
9/1/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Video Sentencing held on 9/1/2020 for Brian Smith (5) Count 1s. Defendant present (in custody) with attorney, Carlos Santiago. AUSA Daniel Wolf Present. Court reporter present. All parties present via video. See judgment. (ajs) (Entered: 09/01/2020)
9/1/2020INMATE LOOKUP by Brian Smith addressed to [Not Addressed] from Department of Corrections and Community Supervision dated 8/31/2020 re: INMATE LOOKUP. (ap) (Entered: 09/01/2020)
8/31/2020ORDER as to Carl Andrews: The Court accordingly denies Andrew' motion. The Clerk of Court is respectfully directed to terminate the motion pending at docket 432. (Signed by Judge Paul A. Engelmayer on 8/31/2020) (See ORDER set forth) (ap) (Entered: 08/31/2020)
8/28/2020SCHEDULING ORDER as to Brian Smith. The conference scheduled for September 1, 2020 at 9:00 a.m., is to occur as a video/teleconference using the CourtCall. As requested, defense counsel will 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. (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 optimize the quality of the video feed, the Court, the Defendant, and defense counsel 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 conference by calling 855-268-7844 and using access code 32091812# and PIN 9921299 (Sentencing set for 9/1/2020 at 09:00 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 8/28/20)(jw) (Entered: 08/28/2020)
8/27/2020SENTENCING SUBMISSION by USA as to Brian Smith. (Wolf, Daniel) (Entered: 08/27/2020)
8/24/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated August 24, 2020 re: Government's Opposition to Carl Andrews's Motion for Bail and Dismissal of the Indictment Document filed by USA. (Bhaskaran, Rushmi) (Entered: 08/24/2020)
8/19/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Carl Andrews held on 8/19/2020. Defendant not present, appearance not waived. Defense counsel Susan Kellman & Ezra Spilke present. AUSAs Daniel Wolf, Rushmi Bhaskaran & Benjamin Schrier present. Court reporter present. See trancript. (ajs) (Entered: 08/19/2020)
8/19/2020FOURTH LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated 8/18/2020 re: Dismissal of Indictment or Relesae on Bail . Document filed by Carl Andrews. (Kellman, Susan) (Entered: 08/19/2020)
8/17/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated August 17, 2020 re: Additional 3500 Disclosures Document filed by USA. (Bhaskaran, Rushmi) (Entered: 08/17/2020)
8/17/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley: The Court schedules a telephonic conference in this case for August 20, 2020 at 10:00 a.m. The parties are to consult the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Telephone Conference set for 8/20/2020 at 10:00 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 8/17/2020) (lnl) (Entered: 08/17/2020)
8/17/2020SCHEDULING ORDER as to Carl Andrews: The Court schedules a telephonic conference in this case for August 19, 2020 at 11:00 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Telephone Conference set for 8/19/2020 at 11:00 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 8/17/2020) (lnl) (Entered: 08/17/2020)
8/12/2020Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Carl Andrews re: 428 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp) (Entered: 08/12/2020)
8/12/2020Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Carl Andrews to US Court of Appeals re: 428 Notice of Appeal. (tp) (Entered: 08/12/2020)
8/10/2020Appeal Remark as to Carl Andrews re: 428 Notice of Appeal. APPEAL FEE WAIVED. ATTORNEY CJA. (tp) (Entered: 08/12/2020)
8/10/2020NOTICE OF APPEAL by Carl Andrews from 425 Order. (tp) (Entered: 08/12/2020)
8/4/2020Set/Reset Hearings as to Kari Parker: Status Conference set for 10/8/2020 at 11:30 AM before Judge Paul A. Engelmayer. (jbo) (Entered: 08/04/2020)
8/4/2020MEMO ENDORSED granting 426 LETTER MOTION request to adjourn conference as to Kari Parker (10)...ENDORSEMENT: GRANTED. The conference is adjourned to October 8, 2020 at 11:30 a.m. The Clerk of Court is requested to terminate the motion at Dkt. No. 426. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/4/2020) (jbo) (Entered: 08/04/2020)
8/4/2020FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated August 4, 2020 re: request to adjourn conference . Document filed by Kari Parker. (Parker, Daniel) (Entered: 08/04/2020)
7/31/2020ORDER as to Carl Andrews. The Court accordingly denies Andrews' renewed motion for release from custody. The Clerk of Court is respectfully directed to terminate the motion pending at docket 420. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/31/2020)(jbo) (Entered: 07/31/2020)
7/30/2020LETTER RESPONSE in Support of Motion by Carl Andrews addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated 7/30/2020 re: 420 THIRD LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated 7/23/2020 re: Bail Pending Trial .. (Kellman, Susan) (Entered: 07/30/2020)
7/29/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated July 29, 2020 re: Government's Opposition to Carl Andrews's Motion for Bail Document filed by USA. (Bhaskaran, Rushmi) (Entered: 07/29/2020)
7/28/2020MEMO ENDORSEMENT as to Justin Rivera, Dwayne Anthony Conley on 405 MOTION for Bill of Particulars. ENDORSEMENT: The Court having denied without prejudice Mr. Rivera's motion for a bill of particulars, the Court likewise denies Mr. Conley's motion without prejudice. The Court hopes all parties can work together to resolve any outstanding issues presented by this motion and avoid unnecessary litigation. The Clerk of Court is respectfully directed to terminate the motion at docket 406. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/28/2020) (lnl) (Entered: 07/28/2020)
7/27/2020MEMO ENDORSEMENT as to Carl Andrews on re: 420 THIRD LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated 7/23/2020 re: Bail Pending Trial. ENDORSEMENT: The Court directs the Government to file its response to this letter by July 29, 2020. SO ORDERED. (Responses due by 7/29/2020) (Signed by Judge Paul A. Engelmayer on 7/27/2020) (lnl) (Entered: 07/27/2020)
7/23/2020THIRD LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated 7/23/2020 re: Bail Pending Trial . Document filed by Carl Andrews. (Kellman, Susan) (Entered: 07/23/2020)
7/20/2020NOTICE OF HEARING as to Geraldine Faustin Sentencing set for 9/24/2020 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ajs) (Entered: 07/20/2020)
7/16/2020MEMO ENDORSEMENT denying without prejudice 312 Motion to Compel as to Justin Rivera (2). ENDORSEMENT: The Court is hopeful that the Government and newly appointed counsel for Mr. Rivera can work together to resolve the issues raised by this motion. Accordingly, the Court denies Rivera's motion for particulars, without prejudice to Mr. Rivera's right to file another such motion if the issues at hand remain unresolved after defense counsel meets and confers with the Government. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/16/2020) (bw) (Entered: 07/16/2020)
7/15/2020NOTICE OF ATTORNEY APPEARANCE: Jennifer Rushing Louis-Jeune appearing for Justin Rivera. Appearance Type: CJA Appointment. (Louis-Jeune, Jennifer) (Entered: 07/15/2020)
7/14/2020Attorney update in case as to Justin Rivera. Attorney Emily Miller terminated. (ajs) (Entered: 07/15/2020)
7/14/2020Attorney update in case as to Justin Rivera. Attorney Anthony Cecutti for Justin Rivera added. Attorney Lisa Scolari and Susan J Walsh terminated (jw) (Entered: 07/14/2020)
7/14/2020ORDER as to Justin Rivera. At a conference held June 24, 2020, the Court granted defendant Riveras motion to relieve Susan Walsh, Esq., and Lisa Scolari, Esq., upon the appointment of successor CJA counsel. The Court today appoints Anthony Cecutti, Esq. to represent Mr. Rivera, forthwith, and accordingly relieves Ms. Walsh and Ms. Scolari. The Court requests that outgoing counsel promptly contact Mr. Cecutti to arrange for the seamless transition of case materials. (Signed by Judge Paul A. Engelmayer on 7/14/20)(jw) (Entered: 07/14/2020)
6/29/2020ORDER as to Franklyn Francisco. Accordingly, the Court denies Francisco's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). For the same reasons, the Court declines to recommend to the BOP that Francisco serve the remainder of his sentence in a residential re-entry center or home confinement. The Clerk of Court is respectfully directed to terminate the motion pending at docket 409. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/29/2020)(jbo) (Entered: 06/29/2020)
6/24/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference (via video) as to Justin Rivera held on 6/24/2020. Defendant present (in custody) with attorneys, Susan Walsh & Lisa Scolari. AUSA Daniel Wolf present. Court reporter present. All parties present via video. Ms. Walsh & Ms. Scolari relieved once conflict free CJA counsel is appointed. See transcript. (ajs) (Entered: 06/25/2020)
6/22/2020ORDER as to Justin Rivera. A conference scheduled for June 24, 2020 to occur as a video/teleconference using the CourtCall platform at 11:00 a.m. To optimize the quality of the video feed, the Court, the Defendant, and defense counsel 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 conference by calling 855-268-7844 and using access code 67812309# and PIN 9921299# If CourtCall does not work well enough and the Court decides to transition to its teleconference line, counsel should call 888-363-4749 and use access code 468-4906# ( Status Conference set for 6/24/2020 at 11:00 AM before Judge Paul A. Engelmayer ) (Signed by Judge Paul A. Engelmayer on 6/22/2020)(jw) (Entered: 06/22/2020)
6/16/2020LETTER RESPONSE in Support of Motion by Franklyn Francisco addressed to Judge Paul A. Engelmayer re: 409 LETTER MOTION addressed to Judge Paul A. Engelmayer re: Request for Judicial Recommendation for Placement at a Residential Re-entry Center or Home Confinement. .. (Elenowitz-Hess, Alexandra) (Entered: 06/16/2020)
6/15/2020 LETTER by USA as to Franklyn Francisco addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated June 15, 2020 re: Government's Opposition to Franklyn Francisco's Request for the Court's Recommendation That He Be Placed in Home Confinement or a Halfway House Document filed by USA. (Bhaskaran, Rushmi) (Entered: 06/15/2020)
6/15/2020ORDER as to Carl Andrews (6): The Court accordingly denies Andrews' renewed motion for release from custody. The Clerk of Court is respectfully directed to terminate the motion pending at docket 401. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/15/2020) (lnl) (Entered: 06/15/2020)
6/12/2020MEMO ENDORSEMENT as to Franklyn Francisco on re: 409 LETTER MOTION addressed to Judge Paul A. Engelmayer re: Request for Judicial Recommendation for Placement at a Residential Re-entry Center or Home Confinement. ENDORSEMENT: The Court directs the Government to file its response by June 15, 2020. (Responses due by 6/15/2020) (Signed by Judge Paul A. Engelmayer on 6/12/2020) (ap) (Entered: 06/12/2020)
6/11/2020LETTER REPLY TO RESPONSE to Motion by Carl Andrews addressed to Judge Paul A. Engelmayer from Susan G. Kellman dated June 11, 2020 re 401 MOTION for Release from Custody .. (Spilke, Ezra) (Entered: 06/11/2020)
6/11/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer re: Request for Judicial Recommendation for Placement at a Residential Re-entry Center or Home Confinement. . Document filed by Franklyn Francisco. (Elenowitz-Hess, Alexandra) (Entered: 06/11/2020)
6/9/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated June 9, 2020 re: Government's Opposition to Carl Andrews's Motion for Bail Document filed by USA. (Bhaskaran, Rushmi) (Entered: 06/09/2020)
6/9/2020MEMO ENDORSEMENT as to Justin Rivera on re: 404 LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan J. Walsh, Lisa Scolari and Emily Miller dated June 8, 2020 re: Relief of counsel. ENDORSEMENT: The Court is in receipt of a letter from defendant Justin Rivera seeking the appointment of new counsel, and the above letter from his defense team joining in that request. In order to better understand the reasons for this request, and to determine if a conference with all parties and Mr. Rivera is necessary at this time, the Court will convene a sealed conference with defense counsel and a court reporter tomorrow, June 10th, at 10:15 a.m. The Court will circulate dial-in information to counsel directly. (Telephone Conference set for 6/10/2020 at 10:15 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 6/9/2020) (ap) (Entered: 06/09/2020)
6/9/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 6/8/2020 re: Dwayne Anthony Conley . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 06/09/2020)
6/9/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Dwayne Anthony Conley: Notice to Attorney Epstein, Lloyd to RE-FILE Document 405 MOTION for Bill of Particulars. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 06/09/2020)
6/8/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Bill of Particulars . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) Modified on 6/9/2020 (ka). (Entered: 06/08/2020)
6/8/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan J. Walsh, Lisa Scolari and Emily Miller dated June 8, 2020 re: Relief of counsel . Document filed by Justin Rivera. (Walsh, Susan) (Entered: 06/08/2020)
6/5/2020MEMO ENDORSEMENT as to Carl Andrews on re: 401 MOTION for Release from Custody filed by Carl Andrews....ENDORSEMENT...The Government is directed to file a response to Mr. Andrew's motion by close of business on Tuesday, June 9, 2020 (Government Responses due by 6/9/2020) (Signed by Judge Paul A. Engelmayer on 6/5/20)(jw) (Entered: 06/05/2020)
6/5/2020MEMORANDUM in Support by Carl Andrews re 401 MOTION for Release from Custody .. (Spilke, Ezra) (Entered: 06/05/2020)
6/5/2020 MOTION for Release from Custody . Document filed by Carl Andrews. (Spilke, Ezra) (Entered: 06/05/2020)
6/5/2020 REPLY MEMORANDUM OF LAW in Support as to Justin Rivera re: 312 MOTION to Compel Bill of Particulars. . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Walsh, Susan) (Entered: 06/05/2020)
6/5/2020ORDER as to Kari Parker. IT IS HEREBY ORDERED that the terms of supervised release for KARI PARKER, the defendant, be amended to include the following additional conditions: The defendant shall stay-away from, including but not limited to the residence, business, school, and place of employment of; shall avoid communicating with by mail, telephone, email, voicemail, or other electronic means directly or indirectly; and contacting through third parties. The defendant shall refrain from engaging in violence against or threatening violence against, directly or indirectly. The defendant shall be subject to a mental health evaluation and mental health treatment, as directed by the Probation Department. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/5/20)(jw) (Entered: 06/05/2020)
6/3/2020 LETTER by USA as to Kari Parker addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated June 3, 2020 re: Proposed Order Amending Terms of Supervised Release Document filed by USA. (Attachments: # 1 Text of Proposed Order)(Wolf, Daniel) (Entered: 06/03/2020)
6/2/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Kari Parker held on 6/2/2020.Defendant present (on SR) with attorney, Daniel Parker. AUSAs Daniel Wolf & Benjamin Schrier present. EDNY USPO Craig Schneider present. SDNY USPO Jeff Steiner present. Court reporter present. All parties present telephonically. Defendant sworn, pleads NOT GUILTY to the specifications. See transcript. (ajs) (Entered: 06/02/2020)
6/1/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera, Dwayne Anthony Conley, Carl Andrews. Notice is hereby given that an official transcript of a Conference proceeding held on 4/27/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 06/01/2020)
6/1/2020TRANSCRIPT of Proceedings as to Justin Rivera, Dwayne Anthony Conley, Carl Andrews re: Conference held on 4/27/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Lisa Smith, (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 6/22/2020. Redacted Transcript Deadline set for 7/2/2020. Release of Transcript Restriction set for 8/31/2020. (McGuirk, Kelly) (Entered: 06/01/2020)
5/30/2020FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated May 30, 2020 re: consent to appear by telephone at VOSR hearing . Document filed by Kari Parker. (Parker, Daniel) (Entered: 05/30/2020)
5/28/2020ORDER as to Kari Parker: The Court schedules a telephonic conference in this case for June 2, 2020 at 10:45 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Telephone Conference set for 6/2/2020 at 10:45 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 5/28/2020) (lnl) (Entered: 05/29/2020)
5/26/2020ORDER as to Justin Rivera: The Court is in receipt of the Government's May 22, 2020 opposition, Dkt. 392, to Justin Rivera's April 24, 2020 motion to compel a bill of particulars, Dkt. 312. Counsel for Rivera is directed to file a reply by June 5, 2020. The reply should identify at the outset the extent to which the parties' discussions have resulted in a narrowing of their disputes over particulars. (Replies due by 6/5/2020) (Signed by Judge Paul A. Engelmayer on 5/26/2020) (ap) (Entered: 05/26/2020)
5/22/2020MEMORANDUM in Opposition by USA as to Justin Rivera re 312 MOTION to Compel Bill of Particulars.. (Wolf, Daniel) (Entered: 05/22/2020)
5/15/2020Set/Reset Deadlines/Hearings as to Geraldine Faustin: Sentencing set for 8/5/2020 at 10:00 AM before Judge Paul A. Engelmayer (jw) (Entered: 05/15/2020)
5/15/2020MEMO ENDORSEMENT 388 LETTER MOTION Reschedule Sentencing as to Geraldine Faustin....ENDORSEMENT..GRANTED. Sentencing is adjourned to August 5, 2020 at 10:00 a.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested Dkt. No. 388. (Signed by Judge Paul A. Engelmayer on 5/15/20) (jw) (Entered: 05/15/2020)
5/15/2020ORDER OF RESTITUTION as to Franklyn Francisco. It is hereby ORDERED that Amount of Restitution Franklyn Francisco, the Defendant, shall pay restitution in the total amount of $1,000, pursuant to 18 U.S.C. § 1593(a), to the victim of the offense charged in Count One. (Signed by Judge Paul A. Engelmayer on 5/15/20)(jw) (Entered: 05/15/2020)
5/13/2020NOTICE OF HEARING as to Brian Smith Sentencing is adjourned to 9/3/2020 at 10:00 AM before Judge Paul A. Engelmayer. Notice entered by Courtroom Deputy A.J. Smallman.(ab) (Entered: 05/13/2020)
5/11/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated May 11, 2020 re: Requesting Adjournment of June 1, 2020 Sentencing . Document filed by Geraldine Faustin. (Kaley, John) (Entered: 05/11/2020)
5/7/2020SENTENCING SUBMISSION by Brian Smith. (Attachments: # 1 Exhibit A: Client Letter, B: Letters of Support, C: Facility Evaluation of the MDC)(Santiago, Carlos) (Entered: 05/07/2020)
5/7/2020Set/Reset Hearings as to Lorenzo Randall: Sentencing set for 8/12/2020 at 10:00 AM before Judge Paul A. Engelmayer. (lnl) (Entered: 05/07/2020)
5/7/2020MEMO ENDORSEMENT as to Lorenzo Randall (1) granting 385 LETTER MOTION addressed to Judge Paul A. Engelmayer from James E. Neuman dated 5/7/2020 re: adjournment of sentencing. ENDORSEMENT: GRANTED. Sentencing is adjourned to August 12, 2020 at 10:00 a.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 385. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/7/2020) (lnl) (Entered: 05/07/2020)
5/7/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from James E. Neuman dated 5/7/2020 re: adjournment of sentencing . Document filed by Lorenzo Randall. (Neuman, James) (Entered: 05/07/2020)
4/29/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley. The Court yesterday held a telephonic conference in this case. For the reasons stated on the record at the conference, the Court set the following schedule: As agreed by the Government, 3500 material as to victim witness will be produced by October 5, 2020, i.e., five weeks before trial, to facilitate potential motions under Fed. R. Evid. 412. Pretrial motions, including motions in limine under Fed. R. Evid. 403, 404, and 412, are due October 15, 2020. Oppositions to these motions are due October 22, 2020. Requests to charge, and proposed voir dire, are due October 26, 2020. The final pretrial conference is scheduled for October 30, 2020 at 10:00 a.m. Trial is scheduled to begin on November 9, 2020 at 9:00 a.m. Time is excluded, pursuant to 18 U.S.C. § 3161(h)(7)(A), until November 9, 2020. Time excluded from 4/29/2020 until 11/9/2020. (Motions due by 10/15/2020. Responses due by 10/22/2020. Jury Trial set for 11/9/2020 at 09:00 AM before Judge Paul A. Engelmayer. Pretrial Conference set for 10/30/2020 at 10:00 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 4/29/2020) (ap) (Entered: 04/29/2020)
4/29/2020SCHEDULING ORDER as to Carl Andrews. The Court held a telephonic conference in this case on Monday, April 27, 2020. For the reasons stated on the record at the conference, the Court set the following schedule: The final pretrial conference is scheduled for September 9, 2020 at 10:00 a.m. Trial is scheduled to begin on September 21, 2020 at 9:00 a.m. Time is excluded, pursuant to 18 U.S.C. § 3161(h)(7)(A), until September 21, 2020. Time excluded from 4/29/2020 until 9/21/2020. (Jury Trial set for 9/21/2020 at 09:00 AM before Judge Paul A. Engelmayer. Pretrial Conference set for 9/9/2020 at 10:00 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 4/29/2020) (ap) (Entered: 04/29/2020)
4/29/2020Attorney update in case as to Carl Andrews. Attorney Lee Brett Bergstein terminated. (ajs) (Entered: 04/29/2020)
4/27/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Telephone Conference as to Justin Rivera, Dwayne Anthony Conley, Carl Andrews held on 4/27/2020. Defendants appearances waived, attorneys present. AUSAs Wolf, Schier & Bhaskaran present. Court reporter present. See transcript. (ajs) (Entered: 04/29/2020)
4/25/2020 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated April 25, 2020 re: Rule 2.B of Courts Emergency Individual Rules and Practices in Light of COVID-19 Document filed by USA. (Wolf, Daniel) (Entered: 04/25/2020)
4/24/2020SCHEDULING ORDER as to Justin Rivera, Dwayne Anthony Conley, Carl Andrews. A status conference in this case is scheduled for April 27, 2020 at 9:30 a.m. This conference will be held telephonically. The parties should call into the Courts dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Courts Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Courts procedures for telephonic conferences. (Signed by Judge Paul A. Engelmayer on 4/24/20)(jw) (Entered: 04/24/2020)
4/17/2020Set/Reset Hearings as to Ricarda Diamond: Sentencing set for 11/10/2020 at 10:00 AM before Judge Paul A. Engelmayer. (lnl) (Entered: 04/17/2020)
4/17/2020MEMO ENDORSEMENT as to Ricarda Diamond (4) granting 379 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated April 15, 2020 re: Request to Adjourn Sentencing. ENDORSEMENT: GRANTED. Sentencing is adjourned to November 10, 2020 at 10:00 a.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 379. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/17/2020) (lnl) (Entered: 04/17/2020)
4/15/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated April 15, 2020 re: Request to Adjourn Sentencing . Document filed by Ricarda Diamond. (Cardi, Dawn) (Entered: 04/15/2020)
4/13/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Franklyn Francisco. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/2/2020 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 Franklyn Francisco re: Sentence held on 3/2/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/4/2020. Redacted Transcript Deadline set for 5/14/2020. Release of Transcript Restriction set for 7/13/2020. (McGuirk, Kelly) (Entered: 04/13/2020)
4/10/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Geraldine Faustin. Notice is hereby given that an official transcript of a Plea proceeding held on 2/21/2020 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: 04/10/2020)
4/10/2020TRANSCRIPT of Proceedings as to Geraldine Faustin re: Plea held on 2/21/2020 before Judge Paul A. Engelmayer. 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 5/1/2020. Redacted Transcript Deadline set for 5/11/2020. Release of Transcript Restriction set for 7/9/2020. (McGuirk, Kelly) (Entered: 04/10/2020)
4/9/2020NOTICE OF ATTORNEY APPEARANCE: Susan Gail Kellman appearing for Carl Andrews. Appearance Type: CJA Appointment. (Kellman, Susan) (Entered: 04/09/2020)
4/9/2020***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Carl Andrews: Notice to Attorney Kellman, Susan to RE-FILE Document 372 Notice of Attorney Appearance - Defendant. ERROR(S): Document has not been fully secured, item can be changed/altered in real time. (ka) (Entered: 04/09/2020)
4/9/2020 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF ATTORNEY APPEARANCE: Susan Gail Kellman appearing for Carl Andrews. Appearance Type: CJA Appointment. (Kellman, Susan) Modified on 4/9/2020 (ka). (Entered: 04/09/2020)
4/8/2020MEMO ENDORSEMENT as to Carl Andrews (6) granting 370 LETTER MOTION addressed to Judge Paul A. Engelmayer from Alan M. Nelson, Esq. dated 4/8/2020 re: Application to be Relieved & for the Appointment of New Counsel. ENDORSEMENT: The Court grants Mr. Nelson's application to be relieved and appoints Susan Kellman, Esq., to succeed him forthwith as counsel (along with Ezra Spilke, Esq.) for Mr. Andrews. The Court thanks Mr. Nelson for his estimable service on this case, and more broadly to the cause of justice, and looks forward to interacting with him in his new role. The Court wishes all counsel well. The Clerk of Court is requested to terminate the motion at Dkt. No. 370. (Signed by Judge Paul A. Engelmayer on 4/8/2020) (ap) (Entered: 04/08/2020)
4/8/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Alan M. Nelson, Esq. dated 4/8/2020 re: Application to be Relieved & for the Appointment of New Counsel . Document filed by Carl Andrews. (Nelson, Alan) (Entered: 04/08/2020)
4/3/2020NOTICE OF HEARING as to Brian Smith Sentencing set for 5/21/2020 at 10:00 AM before Judge Paul A. Engelmayer. Sentencing is adjourned to 5/21/2020 at 10:00 AM. Notice entered by Courtroom Deputy A.J. Smallman.(ab) (Entered: 04/03/2020)
4/2/2020ORDER 362 LETTER MOTION Reschedule Conference as to Carl Andrews. Trial in this case was disrupted by the arrival of the COVID-19 pandemic in New York City. On March 16, 2020, the Court granted defendants unopposed motion for a stay. Dkt. 358. On March 26, 2020, in recognition of the worsening [public health] crisis, to which there is no immediate end in sight, defendant moved for a mistrial. Dkt. 362. The Government, by letter, does not oppose this motion. Dkt. 368. The Court, substantially for the reasons stated on the record at the March 16 conference, agrees that a mistrial is realistically necessary under these circumstances. Defendants motion for a mistrial is hereby granted. Barring a negotiated resolution of this case, the Court intends to set a new trial date once there is greater clarity as to when jury trials in this District will again be viable. The next conference in this case, currently scheduled for April 27, 2020 at 10 a.m., is adjourned to 9:30 a.m. the same day and will be consolidated with the status conference of Andrews co-defendants Rivera and Conley. For avoidance of doubt, time is excluded until April 27, 2020, pursuant to section 3161(h)(7)(A) of the Speedy Trial Act, pursuant to the prior order in this case excluding time, pursuant to Chief Judge McMahons standing order excluding time until that date, and pursuant to this Courts current finding that the interests of justice (Signed by Judge Paul A. Engelmayer on 4/2/2020) (jw) (Entered: 04/02/2020)
3/31/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated March 31, 2020 re: Motion for Mistrial Document filed by USA. (Schrier, Benjamin) (Entered: 03/31/2020)
3/31/2020 LETTER by USA as to Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated March 31, 2020 re: Government Opposition to Conley Bail Motion (Re-Filed as Letter) Document filed by USA. (Schrier, Benjamin) (Entered: 03/31/2020)
3/31/2020ORDER as to Dwayne Anthony Conley (3): Defendant Dwayne Anthony Conley is presently held at the Metropolitan Correctional Center ("MCC"), awaiting trial on charges of conspiracy to commit sex trafficking by force, fraud, or coercion, in violation of 18 U.S.C. § 1594(c); sex trafficking by force, fraud, or coercion, in violation of 18 U.S.C. § 1591(a); and witness tampering, in violation of 18 U.S.C. § 1512(b). By letter, Conley now moves for release on conditions of bail, noting that the MCC has identified him as an inmate who, on account of a number of multiple medical conditions, is at heightened risk from COVID-19. Dkt. 363. The Government opposes this application. Dkt. 364. Conley has submitted a reply. Dkt. 365. The Court has the legal authority to grant this relief, under 18 U.S.C. § 3142(i), which permits the temporary pretrial release of a defendant otherwise requiring detention into the custody of a U.S. marshal or other designated person. This Court and others have done so in appropriate cases. See, e.g., United States v. Perez, No. 19 Cr. 297 (PAE), 2020 WL 1329225, at *1 (S.D.N.Y. Mar. 19, 2020) (granting bail application of 65-year-old defendant with COPD, pursuant to 18 U.S.C. § 3142(i), in light of "unique confluence of serious health issues and other risk factors facing this defendant,... which place him at a substantially heightened risk of dangerous complications should [he] contract COVID-19"). The Court, however, declines to exercise its discretion to do so in Conley's case. Substantially for the reasons recited in the Government's letter, the Court regards Conley as presenting far too great a danger to the community to justify his release. That is so based on (1) the gravity of the sex-trafficking offenses (substantive and conspiratorial) with which Conley stands charged, which subject him to a potential 15-year mandatory minimum sentence, and the Government's proffer of the alarming conduct underlying those charges; (2) Conley's criminal history, which includes nine arrests and five convictions (three for felonies) dating back to 1987; and (3) as alleged in the superseding indictment, Conley's alleged commissionfrom the MCCof an act of felony witness tampering in this case. Simply put, the danger to the community presented by Conley's release outweighs, substantially, the danger to himself presented by his incarceration at the MCC. The Clerk of Court is respectfully directed to terminate the motion pending at docket 363. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/31/2020) (lnl) (Entered: 03/31/2020)
3/30/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Dwayne Anthony Conley: Notice to Attorney Schrier, Benjamin to RE-FILE Document 364 Memorandum in Opposition to Motion. Use the event type Letter found under the event list Other documents. (ka) (Entered: 03/30/2020)
3/30/2020LETTER REPLY TO RESPONSE to Motion by Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated March 30, 2020 re 363 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated March 29, 2020 re: Bail Application .. (Attachments: # 1 Exhibit Affidavit of Medical Doctor, # 2 Exhibit Open Letter to Mike Pence et al)(Epstein, Lloyd) (Entered: 03/30/2020)
3/30/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM in Opposition by USA as to Dwayne Anthony Conley re 363 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated March 29, 2020 re: Bail Application .. (Schrier, Benjamin) Modified on 3/30/2020 (ka). (Entered: 03/30/2020)
3/29/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated March 29, 2020 re: Bail Application . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 03/29/2020)
3/26/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Ezra Spilke dated March 26, 2020 re: motion for mistrial . Document filed by Carl Andrews. (Spilke, Ezra) (Entered: 03/26/2020)
3/18/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 3/17/2020 re: Dwayne Anthony Conley . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 03/18/2020)
3/18/2020Terminate Deadlines and Hearings as to Justin Rivera, Dwayne Anthony Conley. (ap) (Entered: 03/18/2020)
3/18/2020ORDER as to Justin Rivera, Dwayne Anthony Conley: Trial in this case is presently scheduled for April 27, 2020. The Court recently contacted counsel for all parties about the prospect of moving the trial date to June 15, 2020, in recognition of the present public health emergency in New York City. In response, counsel wisely recommend instead that a conference be held on April 27, 2020, to take stock of the then pending circumstances and to then set a trial date, or other schedule, that is reasonable in light of those circumstances. The Court agrees with that approach. The Court accordingly schedules a next conference in this case for April 27, 2020, at 9:30 a.m. All intermediate dates and deadlines are adjourned. For avoidance of doubt, time is excluded until April 27, 2020, pursuant to section 3161(h)(7)(A) of the Speedy Trial Act, pursuant to the prior order in this case excluding time, pursuant to Chief Judge McMahon's standing order excluding time until that date, and pursuant to this Court's current finding that the interests of justice, particularly in enabling counsel to adapt to the challenges presented by the public health crisis, justify the exclusion. The Court wishes all counsel, and the defendants, and their families, well at this trying time. (Status Conference set for 4/27/2020 at 09:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 3/18/2020) (ap) Modified on 3/19/2020 (ap). (Entered: 03/18/2020)
3/17/2020LETTER REPLY TO RESPONSE to Motion by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated March, 15, 2020 re 351 LETTER MOTION addressed to Judge Paul A. Engelmayer from Alan M. Nelson, Esq. dated 3/14/2020 re: Request to stay the pending trial or, in the alternative, conduct an individual voir dire of each juror about how the events that have transpired si. (Wolf, Daniel) (Entered: 03/17/2020)
3/16/2020ORDER as to (19-Cr-131-06) Carl Andrews. For the reasons stated on the record at today's conference, the defendant's unopposed motion for a stay is granted. The jury trial in this matter is therefore stayed until further order of this Court. Beginning on Monday, March 30, 2020, and every Monday thereafter, counsel are directed to submit a joint letter on ECF setting forth their views on the continued need for a stay. A case management conference is set for April 27, 2020, at 10 a.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/16/2020)(bw) (Entered: 03/16/2020)
3/16/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Conference proceeding held on 3/3/2020 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: 03/16/2020)
3/16/2020TRANSCRIPT of Proceedings as to Carl Andrews re: Conference held on 3/3/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Jerry Harrison, (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 4/6/2020. Redacted Transcript Deadline set for 4/16/2020. Release of Transcript Restriction set for 6/15/2020. (McGuirk, Kelly) (Entered: 03/16/2020)
3/15/2020 LETTER by Carl Andrews addressed to Judge Paul A. Engelmayer from Alan Nelson dated March 15, 2020 re: enclosing NACDL Strike Force's Letter (Attachments: # 1 Exhibit Letter from NACDL Strike Force)(Spilke, Ezra) (Entered: 03/15/2020)
3/14/2020 LETTER by Carl Andrews addressed to Judge Paul A. Engelmayer from Ezra Spilke dated March 14, 2020 re: replying to the government's letter in opposition (Attachments: # 1 Exhibit)(Spilke, Ezra) (Entered: 03/14/2020)
3/14/2020LETTER RESPONSE in Opposition by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated March 14, 2020 re: 351 LETTER MOTION addressed to Judge Paul A. Engelmayer from Alan M. Nelson, Esq. dated 3/14/2020 re: Request to stay the pending trial or, in the alternative, conduct an individual voir dire of each juror about how the events that have transpired si. (Wolf, Daniel) (Entered: 03/14/2020)
3/14/2020 LETTER by Carl Andrews addressed to Judge Paul A. Engelmayer from Ezra Spilke dated March 14, 2020 re: stay of trial (Attachments: # 1 Exhibit)(Spilke, Ezra) (Entered: 03/14/2020)
3/14/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Alan M. Nelson, Esq. dated 3/14/2020 re: Request to stay the pending trial or, in the alternative, conduct an individual voir dire of each juror about how the events that have transpired since last Monday concerning COVID-19 affect his or her ability to remain fair and impartial and to deliberate fully. . Document filed by Carl Andrews. (Nelson, Alan) (Entered: 03/14/2020)
3/13/2020 LETTER by Carl Andrews addressed to Judge Paul A. Engelmayer from Ezra Spilke dated March 13, 2020 re: response to the government's letter re: venue (Attachments: # 1 Exhibit Proposed Venue Instruction)(Spilke, Ezra) (Entered: 03/13/2020)
3/13/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated March 13, 2020 re: Proposed Venue Instruction Document filed by USA. (Schrier, Benjamin) (Entered: 03/13/2020)
3/11/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to Carl Andrews held on 3/11/2020. Defendant present (in custody) with attorneys, Alan Nelson, Ezra Spilke & Lee Bergstein, with paralegal Nato Chelidze. AUSAs Benjamin Schrier, Daniel Wolf, Rushmi Bhaskaran & Maurene Comey present with paralegal specialist, Soobean Jo. Court reporter present. Government case continued. Trial continued to 3/12/2020. See transcript. (ajs) (Entered: 03/12/2020)
3/11/2020NOTICE of as to Carl Andrews. The testimony referred to in Dkt. Nos. 345 & 347 will now take place Thursday, March 12, 2020, with an audio only feed available in Courtroom 506 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. Notice entered by Courtroom Deputy A.J. Smallman. (ajs) (Entered: 03/11/2020)
3/10/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to Carl Andrews held on 3/10/2020. Defendant present (in custody) with attorneys, Alan Nelson, Ezra Spilke & Lee Bergstein. AUSAs Benjamin Schrier, Daniel Wolf, Rushmi Bhaskaran & Maurene Comey present with paralegal specialist, Soobean Jo. Court reporter present. Government witnesses called. Trial continued to 3/11/2020. See transcript. (ajs) (Entered: 03/11/2020)
3/10/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated March 10, 2020 re: Proposed Limiting Instructions Document filed by USA. (Schrier, Benjamin) (Entered: 03/10/2020)
3/10/2020ORDER as to Carl Andrews. This notice is to inform members of the press and the public that an audio feed of the testimony referenced in Dkt. 345 will be available in Courtroom 506 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. This testimony is currently expected to occur during the afternoon of Wednesday, March 11, 2020. For further information, please contact the S.D.N.Y. District Executives office, (212) 805-0513. (Signed by Judge Paul A. Engelmayer on 3/10/20)(jw) (Entered: 03/10/2020)
3/10/2020346SEALED DOCUMENT placed in vault. (mhe) (Entered: 03/10/2020)
3/9/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to Carl Andrews held on 3/9/2020. Defendant present (in custody) with attorneys, Alan Nelson, Ezra Spilke & Lee Bergstein. AUSAs Benjamin Schrier, Daniel Wolf, Rushmi Bhaskaran & Maurene Comey present with paralegal specialist, Soobean Jo. Court reporter present. Government opening statement. Defense opening statement. Trial continued to 3/10/2020. See transcript. (ajs) (Entered: 03/10/2020)
3/9/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Voir Dire held on 3/9/2020 as to Carl Andrews. Defendant present (in custody) with attorneys, Alan Nelson, Ezra Spilke & Lee Bergstein. AUSAs Benjamin Schrier, Daniel Wolf, Rushmi Bhaskaran & Maurene Comey present with paralegal specialist, Soobean Jo. Jury panel sworn, voir dire began. Jury selected and sworn. Jury instructions issued. Court reporter present. See transcript. (ajs) (Entered: 03/10/2020)
3/9/2020ORDER as to Carl Andrews. For the reasons that the Court will place on the record today, the Government's motion is granted in its entirety. The Government is directed to arrange the accommodations promised in its motion, and to give both the Court and Mr. Andrews 24 hours notice of its intention to call the UC to testify. In the event of media interest in attending this testimony, the Court authorizes the courthouse press corps to designate a single pool reporter to attend the testimony. (Signed by Judge Paul A. Engelmayer on 3/9/2020)(jw) (Entered: 03/09/2020)
3/9/2020ORDER as to Carl Andrews. The Government has submitted a motion requesting that, in connection with the trial scheduled to begin on March 9, 2020, the Court: (1) close the courtroom to the general public for the limited period during which an undercover officer (the "UC") with the Suffolk County Police Department ( "SCPD") will testify; 2) allow the UC to testify without providing his real name, instead using a pseudonym; and (3) prohibit the use of all non-official recording and photographic devices and methods, including sketching, during the UC's testimony. Finally, to ensure that the UC's identity is not made publicly known, the use of all non-official recording and photographic devices and methods, including sketching, is prohibited during the UC's testimony. Accordingly, for the foregoing reasons, the Government's motion is GRANTED. (Signed by Judge Paul A. Engelmayer on 3/9/20)(jw) (Entered: 03/09/2020)
3/9/2020 LETTER addressed to Judge Paul A. Engelmayer from Inner City Press dated 3/9/20 re: Press Access to US v. Andrews, 19 cr 131, including actual same day access to transcripts and exhibits, and press access to the courtroom (jw) (Entered: 03/09/2020)
3/8/2020LETTER RESPONSE in Opposition by Carl Andrews addressed to Judge Paul A. Engelmayer from Ezra Spilke dated March 8, 2020 re: 341 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated March 8, 2020 re: Corrected Letter re 404(b) Evidence .. (Spilke, Ezra) (Entered: 03/08/2020)
3/8/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated March 8, 2020 re: Corrected Letter re 404(b) Evidence . Document filed by USA as to Carl Andrews. (Wolf, Daniel) (Entered: 03/08/2020)
3/8/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated March 8, 2020 re: Corrected Letter re Govt Intention Not to Proceed on Certain Counts, or to Call CW-1, and to Introduce 404(b) Document filed by USA. (Wolf, Daniel) (Entered: 03/08/2020)
3/8/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated March 8, 2020 re: Courtroom Closure Request and Proposed Order Document filed by USA. (Schrier, Benjamin) (Entered: 03/08/2020)
3/7/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated March 7, 2020 re: 404(b) Evidence . Document filed by USA as to Carl Andrews. (Wolf, Daniel) (Entered: 03/07/2020)
3/7/2020 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated March 7, 2020 re: Govt Intention Not to Proceed on Counts Four through Six or to Call CW-1, and to Introduce 404(b) Document filed by USA. (Wolf, Daniel) (Entered: 03/07/2020)
3/5/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall. Notice is hereby given that an official transcript of a Conference proceeding held on 2/25/2020 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: 03/05/2020)
3/5/2020TRANSCRIPT of Proceedings as to Lorenzo Randall re: Conference held on 2/25/2020 before Judge Paul A. Engelmayer. 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 3/26/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/3/2020. (McGuirk, Kelly) (Entered: 03/05/2020)
3/5/2020ORDER as to Carl Andrews: The Court has received the parties' competing letters, Dkts. 332, 333, on the Government's application to preclude defense counsel from engaging in argument or cross-examination relating to allegations that a cooperating witness ("CW-1") engaged in domestic violence with respect to his girlfriend ("Girlfriend-1"), including following the execution of CW-1's cooperation agreement. The Court's present intention is to resolve this motion promptly, most likely at the conference on March 9, 2020, immediately preceding the start of jury selection. The Court does not invite additional briefing on this issue. However, the Court expects, in the event that additional facts come to light, counsel urgently to set out the newly learned facts in a letter to the Court filed on the docket of the case, with a courtesy copy sent to chambers email. To assist the Court in evaluating the issues presented and the timing of its decision, the Court asks Government counsel, by letter, to supply factual answers to the questions below. In the event that defense counsel takes issue with the factual accuracy of these answers, defense counsel may respond with a letter amplifying on the facts. 1. Was any person in the car with CW-1 and Girlfriend-1 at the time of the February 29, 2020 incident? 2. Has Girlfriend-1 ever filed a complaint of any kind with any law enforcement authority alleging domestic violence by CW-1? If so, does any such complaint post-date the execution of CW-1's cooperation agreement? 3. Has Girlfriend-1 ever stated to Individual-1 that that CW-1 has engaged in domestic violence towards Girlfriend-1? Did Girlfriend-1 so state to Individual-1 in connection with the February 29, 2020 incident? 4. On what date does the Government presently project that CW-1 will commence testifying at trial? (Signed by Judge Paul A. Engelmayer on 3/5/2020) (ap) (Entered: 03/05/2020)
3/5/2020LETTER RESPONSE in Opposition by Carl Andrews addressed to Judge Paul A. Engelmayer from Ezra Spilke dated March 5, 2020 re: 332 MOTION in Limine regarding CW-1's Motor Vehicle Accident and Certain Allegations about CW-1.. (Spilke, Ezra) (Entered: 03/05/2020)
3/5/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Carl Andrews: Notice to Attorney Wolf, Daniel to RE-FILE Document 332 MOTION in Limine regarding CW-1's Motor Vehicle Accident and Certain Allegations about CW-1. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 03/05/2020)
3/4/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine regarding CW-1's Motor Vehicle Accident and Certain Allegations about CW-1. Document filed by USA as to Carl Andrews. (Wolf, Daniel) Modified on 3/5/2020 (ka). (Entered: 03/04/2020)
3/3/2020ORDER as to Carl Andrews: For the reasons stated on the record at today's conference, the Clerk of Court is directed to terminate the motions at Dkt. Nos. 267, 270, and 319. Motions terminated as to Carl Andrews: 267 MOTION in Limine; 270 MOTION in Limine; 319 MOTION in Limine. (Signed by Judge Paul A. Engelmayer on 3/3/2020) (ap) (Entered: 03/03/2020)
3/3/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to Carl Andrews held on 3/3/2020. Defendant present (in custody) with attorneys, Alan Nelson, Ezra Spilke & Lee Bergstein. AUSAs Benjamin Schrier, Daniel Wolf, Rushmi Bhaskaran & Maurene Comey. Court reporter present. See transcript. (ajs) (Entered: 03/03/2020)
3/2/2020ORDER as to Carl Andrews (6): Trial in this matter is scheduled to commence on Monday, March 9, 2020. Carl Andrews (inmate ID no. 91454-053), through counsel, has requested an order directing the Bureau of Prisons to receive clothing for Mr. Andrews's upcoming trial in this case. By this order, the Court directs the Bureau of Prisons to receive the following clothing for Mr. Andrews's trial: Three (3) pairs of slacks; One (2) sports coats; Four (4) dress shirts; Three (3) ties; One (1) pair of shoes; Five (5) pairs of socks; One (1) belt. The Clerk of Court is requested to terminate the motion at Dkt. No. 328. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/2/2020) (lnl) (Entered: 03/02/2020)
3/2/2020JUDGMENT IN A CRIMINAL CASE as to Franklyn Francisco (8). The Defendant pleaded guilty to count 1s of the S2 Information. All open counts are dismissed on the motion of the United States. IMPRISONMENT: Thirty (30) months. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be placed in any drug treatment programs for which he is eligible. The Court also recommends that the defendant be designated to a facility in South Carolina, to facilitate family visits. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Three (3) years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Paul A. Engelmayer on 3/2/2020) (lnl) (Entered: 03/02/2020)
3/2/2020DISMISSAL OF COUNTS on Government Motion as to Franklyn Francisco (8) Count 2. (lnl) (Entered: 03/02/2020)
3/2/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Sentencing held on 3/2/2020 for Franklyn Francisco (8) Count 1s. Defendant present (in custody) with attorneys, Michael Tremonte & Alexandra Elenowitz-Hess. AUSA Rushmi Bhaskaran present. Court reporter present. See judgment. (ajs) (Entered: 03/02/2020)
3/2/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau: Notice to Attorney Wolf, Daniel to RE-FILE Document 327 Reply Memorandum of Law in Support of Motion. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 03/02/2020)
3/1/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Ezra Spilke dated March 1, 2020 re: trial clothing order . Document filed by Carl Andrews. (Attachments: # 1 Text of Proposed Order)(Spilke, Ezra) (Entered: 03/01/2020)
2/28/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Support by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: 270 MOTION in Limine . . (Wolf, Daniel) Modified on 3/2/2020 (ka). (Entered: 02/28/2020)
2/28/2020(S8) SUPERSEDING INDICTMENT FILED as to Carl Andrews (6) count(s) 1ss-2ss, 3ss-4ss, 5ss-6ss. (jm)(Originally filed under seal on 2/25/20) (Entered: 02/28/2020)
2/28/2020ORDER as to Carl Andrews unsealing the S(8) superseding indictment. (Signed by Magistrate Judge Sarah L Cave on 2/28/20)(jm) (Entered: 02/28/2020)
2/27/2020MEMORANDUM in Opposition by Carl Andrews re 270 MOTION in Limine .. (Attachments: # 1 Exhibit Exhibit A)(Bergstein, Lee) (Entered: 02/27/2020)
2/27/2020MEMO ENDORSEMENT as to Justin Rivera, Dwayne Anthony Conley on re: 321 LETTER by USA as to Justin Rivera, Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated February 26, 2020 re: Adjournment Request. ENDORSEMENT: Granted. SO ORDERED. (Motions due by 3/20/2020. Responses due by 3/30/2020) (Signed by Judge Paul A. Engelmayer on 2/27/2020) (ap) (Entered: 02/27/2020)
2/27/2020322SEALED DOCUMENT placed in vault. (mhe) (Entered: 02/27/2020)
2/26/2020 LETTER by USA as to Justin Rivera, Dwayne Anthony Conley addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated February 26, 2020 re: Adjournment Request Document filed by USA. (Schrier, Benjamin) (Entered: 02/26/2020)
2/25/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Arraignment as to Carl Andrews (6) Count 1ss-2ss,3ss-4ss,5ss-6ssCarl Andrews (6) Count 1ss-2ss,3ss-4ss,5ss-6ss held on 2/25/2020.Defendant present (in custody) with attorneys, Alan Nelson, Ezra Spilke & Lee Bergstein. AUSAs Benjamin Schrier, Daniel Wolf, Rushmi Bhaskaran & Maurene Comey. Court reporter present. Defendant sworn, pleads NOT GUILTY to the S8 Indictment. See transcript. Plea entered by Carl Andrews (6) Count 1ss-2ss,3ss-4ss,5ss-6ssCarl Andrews (6) Count 1ss-2ss,3ss-4ss,5ss-6ss Not Guilty. (ajs) (Entered: 02/28/2020)
2/25/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to Justin Rivera, Dwayne Anthony Conley, Carl Andrews held on 2/25/2020. Defendants present (in custody) with attorneys, Susan Walsh, Lisa Scolari, Emily Miller, Lloyd Epstein, Judith Weil, Alan Nelson, Ezra Spilke & Lee Bergstein. AUSAs Benjamin Scrhier, Daniel Wolf, Rushmi Bhaskaran & Maurene Comey. Court reporter present. See transcript. (ajs) (Entered: 02/25/2020)
2/25/2020PROPOSED EXAMINATION OF JURORS by Carl Andrews. (Bergstein, Lee) (Entered: 02/25/2020)
2/25/2020 MOTION in Limine . Document filed by Carl Andrews. (Attachments: # 1 Exhibit Exhibits A and B)(Bergstein, Lee) (Entered: 02/25/2020)
2/25/2020PROPOSED EXAMINATION OF JURORS by USA as to Carl Andrews. (Bhaskaran, Rushmi) (Entered: 02/25/2020)
2/25/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Carl Andrews: Notice to Attorney Bhaskaran, Rushmi to RE-FILE Document 316 Proposed Voir Dire Questions. Use the event type Proposed Examination of Jurors found under the event list Trial Documents. (ka) (Entered: 02/25/2020)
2/25/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Carl Andrews: Notice to Attorney Bergstein, Lee to RE-FILE Document 315 Proposed Voir Dire Questions. Use the event type Proposed Examination of Jurors found under the event list Trial Documents. (ka) (Entered: 02/25/2020)
2/25/2020***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Carl Andrews: Notice to Attorney Bergstein, Lee to RE-FILE Document 311 SECOND MOTION in Limine. ERROR(S): Incorrect document Title. Should read Motion In Limine. (ka) (Entered: 02/25/2020)
2/24/2020Request To Charge by USA as to Carl Andrews. (Schrier, Benjamin) (Entered: 02/24/2020)
2/24/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Proposed Voir Dire Questions by USA as to Carl Andrews. (Bhaskaran, Rushmi) Modified on 2/25/2020 (ka). (Entered: 02/24/2020)
2/24/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Proposed Voir Dire Questions by Carl Andrews. (Bergstein, Lee) Modified on 2/25/2020 (ka). (Entered: 02/24/2020)
2/24/2020DECLARATION of Susan J. Walsh in Support as to Justin Rivera re: 312 MOTION to Compel Bill of Particulars.. (Attachments: # 1 Exhibit A)(Walsh, Susan) (Entered: 02/24/2020)
2/24/2020MEMORANDUM in Support by Justin Rivera re 312 MOTION to Compel Bill of Particulars.. (Walsh, Susan) (Entered: 02/24/2020)
2/24/2020 MOTION to Compel Bill of Particulars. Document filed by Justin Rivera. (Walsh, Susan) (Entered: 02/24/2020)
2/24/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION in Limine . Document filed by Carl Andrews. (Attachments: # 1 Exhibit Exhibits A and B)(Bergstein, Lee) Modified on 2/25/2020 (ka). (Entered: 02/24/2020)
2/24/2020Request To Charge by Carl Andrews. (Spilke, Ezra) (Entered: 02/24/2020)
2/24/2020MEMO ENDORSEMENT as to Lorenzo Randall (1), Justin Rivera (2), Dwayne Anthony Conley (3), Ricarda Diamond (4), Brian Smith (5), Carl Andrews (6), Geraldine Faustin (7), Franklyn Francisco (8), Anthony Darby (9), Kari Parker (10), Magen Moreau (11) granting 305 LETTER MOTION addressed to Judge Paul A. Engelmayer from Emma M Greenwood, Coordinating Discovery Attorney (CDA) dated February 21, 2020 re: Status Letter and Request to be Excused for February 25, 2020 Status Conference. ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 305. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/24/2020) (lnl) (Entered: 02/24/2020)
2/24/2020ORDER as to Justin Rivera, Dwayne Anthony Conley, Carl Andrews: A pretrial conference in this case is scheduled for Tuesday, February 25, 2020, at which, inter alia, the Court will take up defendants' Daubert challenge to the anticipated trial testimony of Government witness Dr. Chitra Raghavan. For counsels' planning purposes, and so as to avoid unnecessary preparation, the Court hereby notifies counsel that its intention is to issue a bench ruling tomorrow with respect to this motion on the basis of counsels' written submissions, without the need for testimony or argument. The bench ruling will deny defendants' motion to preclude Dr. Raghavan's testimony. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/24/2020) (Conf. previously set - see 1/29/2020 Order)(lnl) (Entered: 02/24/2020)
2/21/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Arraignment as to Geraldine Faustin (7) Count 1s held on 2/21/2020. Defendant present (on bond) with attorneys, John Kaley & Hara Robrish. AUSA Benjamin Schrier present. Court reporter present. Defendant sworn, pleads GUILTY to the S7 Information. Bond continued. See transcript. Plea entered by Geraldine Faustin (7) Count 1s Not Guilty. Plea entered by Geraldine Faustin (7) Guilty as to Count 1s. Sentencing set for 6/1/2020 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ajs) (Entered: 02/24/2020)
2/21/2020WAIVER OF INDICTMENT by Geraldine Faustin. (jm) (Entered: 02/24/2020)
2/21/2020(S7) SUPERSEDING INFORMATION (Felony) filed as to Geraldine Faustin (7) count(s) 1s. (jm) (Entered: 02/24/2020)
2/21/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Emma M Greenwood, Coordinating Discovery Attorney (CDA) dated February 21, 2020 re: Status Letter and Request to be Excused for February 25, 2020 Status Conference . Document filed by Emma M. Greenwood as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. (Greenwood, Emma) (Entered: 02/21/2020)
2/21/2020Order of Referral to Probation for Presentence Investigation and Report as to Geraldine Faustin. (ajs) (Entered: 02/21/2020)
2/20/2020 LETTER by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated February 20, 2020 re: Justin Rivera's Request for a Bench Trial Document filed by USA. (Bhaskaran, Rushmi) (Entered: 02/20/2020)
2/20/2020MEMORANDUM in Opposition by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re 298 FIRST MOTION in Limine .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 F)(Bhaskaran, Rushmi) (Entered: 02/20/2020)
2/19/2020SENTENCING SUBMISSION by USA as to Franklyn Francisco. (Wolf, Daniel) (Entered: 02/19/2020)
2/18/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Change of Plea Hearing as to Ricarda Diamond held on 2/18/2020. Defendant present (on bond) with attorney, Dawn Cardi. AUSA Rushmi Bhaskaran present w/ FBI SA Brian Mitchell. Court reporter present. Defendant sworn, pleads GUILTY to the S6 Information. See transcript. Plea entered by Ricarda Diamond (4) Guilty as to Count 1s,2s,3s,4s,5s,6s. (ajs) (Entered: 10/21/2021)
2/18/2020Set/Reset Hearings as to Brian Smith (5): Sentencing set for 4/22/2020 at 02:30 PM before Judge Paul A. Engelmayer. (bw) (Entered: 02/18/2020)
2/18/2020MEMO ENDORSEMENT granting 300 LETTER MOTION filed by Brian Smith (5), addressed to Judge Paul A. Engelmayer from Attorney Margaret M. Shalley dated February 18, 2020 re: Requesting an adjournment of sentencing. ENDORSEMENT: GRANTED. Sentencing is adjourned to April 22, 2020 at 2:30 p.m. The parties shall serve their sentencing submissions in accordance with the Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 300. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/18/2020) (bw) (Entered: 02/18/2020)
2/18/2020NOTICE OF HEARING as to Franklyn Francisco Sentencing set for 3/2/2020 at 11:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Sentencing, previously scheduled for 2/26/2020, is hereby adjourned to 3/2/2020 at 11:00 AM. Notice entered by Courtroom Deputy A.J. Smallman.(ajs) (Entered: 02/18/2020)
2/18/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Margaret M. Shalley dated February 18, 2020 re: Requesting an adjournment of sentencing . Document filed by Brian Smith. (Shalley, Margaret) (Entered: 02/18/2020)
2/17/2020MEMORANDUM in Support by Dwayne Anthony Conley re 283 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 1/27/2020 re: Dwayne Conley .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Epstein, Lloyd) (Entered: 02/17/2020)
2/14/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Justin Rivera, Dwayne Anthony Conley, Carl Andrews: Notice to Attorney Epstein, Lloyd to RE-FILE Document 298 FIRST MOTION in Limine. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents.***NOTE: First file Motion, then re-file and link Supporting Memorandum and Declaration. Separate docket entry for each. (ka) (Entered: 02/14/2020)
2/13/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION in Limine . Document filed by Dwayne Anthony Conley as to Justin Rivera, Dwayne Anthony Conley, Carl Andrews. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Publication, # 3 Exhibit Publication, # 4 Exhibit Publication)(Epstein, Lloyd) Modified on 2/14/2020 (ka). (Entered: 02/13/2020)
2/12/2020SENTENCING SUBMISSION by Franklyn Francisco. (Attachments: # 1 Exhibit A - Mitigation Report, # 2 Exhibit B - Letters of Support)(Elenowitz-Hess, Alexandra) (Entered: 02/12/2020)
2/12/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall. Notice is hereby given that an official transcript of a Plea proceeding held on 1/28/2020 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: 02/12/2020)
2/12/2020TRANSCRIPT of Proceedings as to Lorenzo Randall re: Plea held on 1/28/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/4/2020. Redacted Transcript Deadline set for 3/16/2020. Release of Transcript Restriction set for 5/12/2020. (McGuirk, Kelly) (Entered: 02/12/2020)
2/11/2020MEMO ENDORSED as to Justin Rivera re: 293 Letter...ENDORSEMENT: The Court has received defendant Riveras letter notifying the Court of his preference for a bench trial. The Court will await the Government's letter response. Because the Government's position may be affected by co-defendant Conley's position on this question, the Court expects that the Government, before submitting any letter, will communicate with Conley's counsel. (Signed by Judge Paul A. Engelmayer on 2/11/20)(jbo) (Entered: 02/11/2020)
2/11/2020 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Susan J. Walsh dated February 11, 2020 (Attachments: # 1 Exhibit A)(Walsh, Susan) (Entered: 02/11/2020)
2/11/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Justin Rivera: Notice to Attorney Walsh, Susan to RE-FILE Document 292 Waiver of Trial by Jury. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 02/11/2020)
2/11/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - WAIVER of Right to Trial by Jury by Justin Rivera. (Attachments: # 1 Exhibit A)(Walsh, Susan) Modified on 2/11/2020 (ka). (Entered: 02/11/2020)
2/5/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall. Notice is hereby given that an official transcript of a Conference proceeding held on 1/29/2020 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: 02/05/2020)
2/5/2020TRANSCRIPT of Proceedings as to Lorenzo Randall re: Conference held on 1/29/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/26/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/5/2020. (McGuirk, Kelly) (Entered: 02/05/2020)
2/3/2020NOTICE OF ATTORNEY APPEARANCE: Alexandra G. Elenowitz-Hess appearing for Franklyn Francisco. Appearance Type: CJA Appointment. (Elenowitz-Hess, Alexandra) (Entered: 02/03/2020)
1/30/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin held on 1/30/2020. Defendants present (Faustin on bond) with attorneys. AUSAs Benjamin Schrier, Daniel Wolf, Rushmi Bhaskaran & Maurene Comey present. Court reporter present. See transcript. (ajs) (Entered: 01/30/2020)
1/29/2020Set Hearing as to Justin Rivera, Dwayne Anthony Conley, Geraldine Faustin, Franklyn Francisco: Status Conference set for 2/25/2020 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (lnl) (Entered: 01/30/2020)
1/29/2020ORDER as to Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin: For the reasons stated on the record, the Court today resolved some of the motions in limine relating to the upcoming trial of defendant Andrews, while finding others moot in light of the guilty plea yesterday of co-defendant Lorenzo Randall and deferring resolution of others. The Court also set the following schedule: For defendant Andrews's motion to offer evidence under FRE Rule 412(b): Andrews's brief is due on February 13, 2020; Government's opposition is due February 20, 2020; For the defense motion challenging the admissibility of expert testimony by Dr. Chitra Raghavan at both trials: Joint defense brief for defendants Andrews, Rivera, and Conley is due on February 13, 2020; Government's opposition is due on February 20, 2020; For the trial of defendant Andrews, proposed voir dire and requests to charge from both Andrews and the Government are due on February 24, 2020; For the trial of defendants Rivera and Conley, proposed voir dire and requests to charge from the defendants and the Government are due April 13, 2020; The next conference, during which the Court will take up the FRE 412 issue (as to Andrews) and the expert testimony issue (as to both trials), is set for February 25, 2020, at 2:30 p.m. in Courtroom 1305. At todays conference, the Court also excluded time, pursuant to 18 U.S.C. § 3161(h)(7)(A), until March 9, 2020, for defendant Andrews, and until April 27, 2020, for defendants Rivera, Conley, and Faustin, finding that the interests of justice outweigh the interests of the public and the defense in a speedy trial. SO ORDERED. (Andrew's Brief due by 2/13/2020. Government's Opposition due by 2/20/2020) (Signed by Judge Paul A. Engelmayer on 1/29/2020) (lnl) (Entered: 01/30/2020)
1/29/2020286SEALED DOCUMENT placed in vault. (rz) (Entered: 01/29/2020)
1/28/2020NOTICE OF ATTORNEY APPEARANCE Maurene Ryan Comey appearing for USA. (Comey, Maurene) (Entered: 01/28/2020)
1/28/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer: Plea entered by Lorenzo Randall (1) Guilty as to Count 3s,3-4. (ajs) (Entered: 01/28/2020)
1/28/2020Minute Entry for proceedings held before Judge Paul A. Engelmayer:Change of Plea Hearing as to Lorenzo Randall held on 1/28/2020. Defendant present (in custody) with attorneys, James Neuman & David Greenfield. AUSAs Benjamin Schrier & Daniel Wolf present. Court reporter present. Defendant sworn, changes plea of not guilty to GUILTY on counts 3 & 4 and count 3s of the S1 Indictment. See transcript. (ajs) (Entered: 01/28/2020)
1/28/2020Order of Referral to Probation for Presentence Investigation and Report as to Lorenzo Randall. (Signed by Judge Paul A. Engelmayer on 1/28/2020)(ajs) (Entered: 01/28/2020)
1/28/2020REVISED SCHEDULING ORDER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin: Due to a scheduling conflict, IT IS HEREBY ORDERED that the time for the conference in this matter, scheduled for January 29, 2020, is changed from 10:00 a.m. to 10:30 a.m. in Courtroom 506 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. SO ORDERED. (Status Conference set for 1/29/2020 at 10:30 AM in Courtroom 506, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 1/28/2020) (lnl) (Entered: 01/28/2020)
1/27/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 1/27/2020 re: Dwayne Conley . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 01/27/2020)
1/27/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Hearing proceeding held on 12/20/19 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: 01/27/2020)
1/27/2020TRANSCRIPT of Proceedings as to Carl Andrews re: Hearing held on 12/20/19 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Elizabeth Chan, (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 2/18/2020. Redacted Transcript Deadline set for 2/27/2020. Release of Transcript Restriction set for 4/27/2020. (McGuirk, Kelly) (Entered: 01/27/2020)
1/25/2020 LETTER by Carl Andrews addressed to Judge Paul A. Engelmayer from Alan M. Nelson, Esq. dated 1/25/2020 re: Update Concerning Discovery in Advance of Conference (Nelson, Alan) (Entered: 01/25/2020)
1/24/2020 LETTER by Carl Andrews addressed to Judge Paul A. Engelmayer from Alan M. Nelson, Esq. dated 1/24/2020 re: Update Concerning Discovery in Advance of Conference (Nelson, Alan) (Entered: 01/24/2020)
1/23/2020MEMORANDUM in Opposition by Lorenzo Randall as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re 270 MOTION in Limine .. (Neuman, James) (Entered: 01/23/2020)
1/23/2020MEMORANDUM in Opposition by Carl Andrews re 270 MOTION in Limine .. (Spilke, Ezra) (Entered: 01/23/2020)
1/23/2020MEMORANDUM in Opposition by USA as to Lorenzo Randall, Carl Andrews re 270 MOTION in Limine ., 267 MOTION in Limine .. (Bhaskaran, Rushmi) (Entered: 01/23/2020)
1/22/2020Set/Reset Hearings as to Ricarda Diamond: Sentencing set for 5/1/2020 at 10:00 AM before Judge Paul A. Engelmayer. (jbo) (Entered: 01/23/2020)
1/22/2020MEMO ENDORSED granting 273 LETTER MOTION Request to Adjourn Sentencing as to Ricarda Diamond (4)...ENDORSEMENT: GRANTED. Sentencing is adjourned to May 1, 2020 at 10am. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 273. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/22/20) (jbo) (Entered: 01/23/2020)
1/22/2020274SEALED DOCUMENT placed in vault. (rz) (Entered: 01/22/2020)
1/22/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated January 22, 2020 re: Request to Adjourn Sentencing . Document filed by Ricarda Diamond. (Cardi, Dawn) (Entered: 01/22/2020)
1/17/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Hearing proceeding held on 12/19/2019 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 Carl Andrews re: Hearing held on 12/19/19 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 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)
1/16/2020 MOTION in Limine . Document filed by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. (Wolf, Daniel) (Entered: 01/16/2020)
1/16/2020MEMORANDUM in Support by Carl Andrews re 267 MOTION in Limine .. (Spilke, Ezra) (Entered: 01/16/2020)
1/16/2020DECLARATION of Ezra Spilke in Support as to Carl Andrews re: 267 MOTION in Limine .. (Spilke, Ezra) (Entered: 01/16/2020)
1/16/2020 MOTION in Limine . Document filed by Carl Andrews. (Spilke, Ezra) (Entered: 01/16/2020)
1/16/2020 MOTION in Limine to exclude expert testimony. Document filed by Lorenzo Randall. (Attachments: # 1 Exhibit expert notice letter, # 2 Exhibit defense letter, # 3 Exhibit additional expert notice letter)(Neuman, James) (Entered: 01/16/2020)
1/8/2020Set/Reset Deadlines/Hearings as to Justin Rivera, Dwayne Anthony Conley: Motions due by 3/6/2020. Responses due by 3/16/2020 Jury Trial set for 4/27/2020 at 09:30 AM before Judge Paul A. Engelmayer. Pretrial Conference set for 4/20/2020 at 02:30 PM before Judge Paul A. Engelmayer. (ap) (Entered: 01/08/2020)
1/8/2020Set/Reset Deadlines/Hearings as to Lorenzo Randall, Carl Andrews: Motions due by 1/16/2020. Responses due by 1/23/2020 Jury Trial set for 3/9/2020 at 09:30 AM before Judge Paul A. Engelmayer. Pretrial Conference set for 3/3/2020 at 10:00 AM before Judge Paul A. Engelmayer. (ap) (Entered: 01/08/2020)
1/8/2020ORDER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews: After reviewing the helpful briefs and supplemental submissions from all parties on defendants severance motions, the Court has determined that a limited severance is warranted. The severance is by defendant. Specifically, the Court will sever, from the existing charges, all charges against defendants Justin Rivera and Dwayne Anthony Conley. There will thus be two successive trials. In the first, the Randall/Andrews trial, which will commence on March 9, 2020, defendants Lorenzo Randall and Carl Andrews will be tried on all charges against them. In the second, the Rivera/Conley trial, which will commence on April 27, 2020, defendants Rivera and Conley will be tried on all charges against them. The Court will set out its reasons for this ruling in a bench opinion at the next conference in this case, presently scheduled for January 29, 2020. For avoidance of doubt, all defendants (and their counsel) are to attend this conference, which will be held in courtroom 506 of the Thurgood Marshall United States Courthouse. This Order sets out the following schedule for the two trials, including, most urgently, the briefing schedule governing motions in limine in the first trial, which the Court has deferred setting pending resolution of the severance motions. 1. Randall/Andrews trial (March 9, 2020): Opening motions in limine are due January 16, 2020; Oppositions to motions in limine are due January 23, 20202; Proposed voir dire and requests to charge are due February 14, 2020; The final pretrial conference remains set for March 3, 2020 at 10 a.m.2. Rivera/Conley trial (April 27, 2020): Opening motions in limine are due March 6, 2020; Oppositions to motions in limine are due March 16, 2020; Proposed voir dire and requests to charge are due April 3, 2020; A final pretrial conference will take place on April 20, 2020 at 2:30 p.m. (Signed by Judge Paul A. Engelmayer on 1/8/2020) (ap) (Entered: 01/08/2020)
1/6/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Carl Andrews: Notice to Attorney Nelson, Alan to RE-FILE Document 262 Reply Memorandum of Law in Support of Motion. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 01/06/2020)
1/3/2020 LETTER by Lorenzo Randall addressed to Judge Paul A. Engelmayer from James E. Neuman dated 1/3/2020 re: responding to Order dated December 26, 2019 (Neuman, James) (Entered: 01/03/2020)
1/2/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Support as to Carl Andrews re: 228 MOTION to Sever Defendant Motion for Severance & Separate Trial on Counts Two, Seven & Fourteen. . (Nelson, Alan) Modified on 1/6/2020 (ka). (Entered: 01/02/2020)
1/2/2020 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Susan J. Walsh dated January 2, 2020 (Walsh, Susan) (Entered: 01/02/2020)
1/2/2020 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 1/2/2020 re: Dwayne Conley . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 01/02/2020)
12/31/2019 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated December 31, 2019 re: Severance Document filed by USA. (Schrier, Benjamin) (Entered: 12/31/2019)
12/30/2019Set/Reset Deadlines/Hearings as to Franklyn Francisco: Sentencing set for 2/26/2020 at 02:30 PM before Judge Paul A. Engelmayer (jw) (Entered: 12/30/2019)
12/30/2019MEMO ENDORSEMENT as to Franklyn Francisco on re: 257 Letter - Sentencing filed by Franklyn Francisco ( Sentencing set for 2/26/2020 at 02:30 PM before Judge Paul A. Engelmayer.)...ENDORSEMENT...Granted. The sentencing hearing is adjourned to February 26, 2020 at 2:30pm. SO ORDERED (Signed by Judge Paul A. Engelmayer on 12/30/2019)(jw) (Entered: 12/30/2019)
12/30/2019Sentencing Letter by Franklyn Francisco addressed to Judge Paul A. Engelmayer from Michael Tremonte dated December 30, 2019 re: Request for Adjournment of Sentencing Hearing. (Tremonte, Michael) (Entered: 12/30/2019)
12/27/2019MEMO ENDORSEMENT as to Carl Andrews (6) granting 254 LETTER MOTION addressed to Judge Paul A. Engelmayer from Alan M. Nelson, Esq. dated 12/26/2019 re: Permission to file Interim CJA Vouchers. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/27/2019) (lnl) (Entered: 12/27/2019)
12/26/2019ORDER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin: To assist the Court in its determinations, the Court directs the Government to file, by the close of business on Tuesday, December 31, 2019, a letter objectively addressing the following questions with regard to a severance along the lines above: 1. To what degree is there trial evidence common to the 2015 conspiracy, on the one hand, and the 2017 and 2018 conspiracies, on the other, such that a severance of these counts would result in presentation of the same evidence twice? To the extent there is a consequential amount of such evidence, the Government should describe this evidence in sufficient detail to enable the Court independently to assess the extent of duplication. And, would a severance along these lines produce other inefficiencies, or prejudice the Government (or any party)? 2. If the Court were to sever the trials along these lines, Randall, who is named in all of the above counts, would stand trial twice, on the different sets of charges. In which of the two trials should the remaining countsbrought against Randall alone, and charging substantive sex trafficking between 2011 and 2014be tried, and why? 3. Assuming a severance along the lines above, how long would each of the two trials take (a) if tried together with the 2011-2014 charges against Randall and (b) if the 2011-2014 charges against Randall were tried with the other set of charges? Would the Government have a preference as to which trial was to proceed first, and why? To further assist the Court in its determination, the Court directs each defendant to file a letter, due by the close of business on Friday, January 3, 2020. Each letter may respond, as warranted, to the Government's answers to the above questions. Defense counsel should also confirm that, in addition to being available to try this case on March 9, 2020, counsel are also availablein the event of a severance that resulted in charges against their client being tried in a3 second trialto proceed to a second trial that would commence immediately or very promptly upon the completion of the first trial. The Court wishes all counsel and parties a happy and healthy New Year. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/26/2019) (lnl) (Entered: 12/26/2019)
12/26/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Alan M. Nelson, Esq. dated 12/26/2019 re: Permission to file Interim CJA Vouchers . Document filed by Carl Andrews. (Nelson, Alan) (Entered: 12/26/2019)
12/23/2019 REPLY MEMORANDUM OF LAW in Support as to Carl Andrews re: 228 MOTION to Sever Defendant Motion for Severance & Separate Trial on Counts Two, Seven & Fourteen. . (Nelson, Alan) (Entered: 12/23/2019)
12/23/2019Set/Reset Hearings as to Brian Smith: Sentencing set for 3/5/2020 at 03:30 PM before Judge Paul A. Engelmayer. (ap) (Entered: 12/23/2019)
12/23/2019MEMO ENDORSEMENT as to Brian Smith (5) granting 248 FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Carlos M. Santiago, Jr. dated December 18, 2019 re: Request for Adjournment of Sentencing for Brian Smith. ENDORSEMENT: Defendant's unopposed request to adjourn sentencing is granted. Sentencing is adjourned until March 5, 2020 at 3:30 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/23/2019) (ap) (Entered: 12/23/2019)
12/20/2019MEMORANDUM in Opposition by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews re 233 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 12/6/2019 re: Dwayne Anthony Conley ., 234 MOTION to Sever Defendant Justin Rivera., 228 MOTION to Sever Defendant Motion for Severance & Separate Trial on Counts Two, Seven & Fourteen.. (Bhaskaran, Rushmi) (Entered: 12/20/2019)
12/20/2019ORDER as to Carl Andrews. For the reasons stated on the record in today's bench decision, the Court hereby denies Andrews' motion to suppress physical evidence. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 158 and 244. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/20/19)(jbo) (Entered: 12/20/2019)
12/20/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to Carl Andrews held on 12/20/2019. Defendant present (in custody) with attorneys, Alan Nelson & Ezra Spilke. AUSAs Benjamin Schrier & Daniel Wolf present. Court reporter present. See transcript. (ajs) (Entered: 12/20/2019)
12/19/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Suppression Hearing as to Carl Andrews held on 12/19/2019. Defendant present (in custody) with attorneys, Alan Nelson & Ezra Spilke. AUSAs Benjamin Schrier & Daniel Wolf present. Court reporter present. See transcript. (ajs) (Entered: 12/19/2019)
12/18/2019 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated December 18, 2019 re: Suppression Hearing Document filed by USA. (Schrier, Benjamin) (Entered: 12/18/2019)
12/18/2019NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Carl Andrews: Notice to Attorney Schrier, Benjamin to RE-FILE Document 247 Memorandum in Opposition to Motion. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 12/18/2019)
12/18/2019FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Carlos M. Santiago, Jr. dated December 18, 2019 re: Request for Adjournment of Sentencing for Brian Smith. Document filed by Brian Smith as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. (Santiago, Carlos) (Entered: 12/18/2019)
12/18/2019 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM in Opposition by USA as to Carl Andrews re 158 FIRST MOTION to Suppress Property.. (Schrier, Benjamin) Modified on 12/18/2019 (ka). (Entered: 12/18/2019)
12/17/2019MEMO ENDORSEMENT as to Carl Andrews on re: 245 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated December 17, 2019 re: Suppression Hearing. ENDORSEMENT: The request to file a supplemental memorandum of law addressing Fourth Amendment standing by 12pm on December 18, 2019, is granted. In the future, counsel is reminded to label such requests as letter motions on ECF. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/17/2019) (lnl) (Entered: 12/18/2019)
12/17/2019 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated December 17, 2019 re: Suppression Hearing Document filed by USA. (Schrier, Benjamin) (Entered: 12/17/2019)
12/16/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Alan M. Nelson, Esq. dated 12/16/2019 re: 158 FIRST MOTION to Suppress Property. re: Supplemental letter Memorandum of Law in support of Motion to Suppress Physical Evidence . Document filed by Carl Andrews. (Nelson, Alan) (Entered: 12/16/2019)
12/16/2019243SEALED DOCUMENT placed in vault. (mhe) (Entered: 12/16/2019)
12/16/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin. Notice is hereby given that an official transcript of a Conference proceeding held on 11/19/19 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: 12/16/2019)
12/16/2019TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin re: Conference held on 11/19/19 before Judge Paul A. Engelmayer. 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 1/6/2020. Redacted Transcript Deadline set for 1/16/2020. Release of Transcript Restriction set for 3/16/2020. (McGuirk, Kelly) (Entered: 12/16/2019)
12/16/2019NOTICE: CHANGE OF COURTROOM as to Carl Andrews: The parties are hereby notified that the December 19, 2019, suppression hearing in this case, scheduled for 9:30 a.m., will be held at the Daniel Patrick Moynihan U.S. Courthouse, located at 500 Pearl Street, in Courtroom 20C. This is a change of courtroom only. SO ORDERED. (Suppresion Hearing set for 12/19/2019 at 09:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 12/16/2019) (lnl) (Entered: 12/16/2019)
12/16/2019NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Carl Andrews: Notice to Attorney Nelson, Alan to RE-FILE Document 239 Memorandum in Support of Motion. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 12/16/2019)
12/15/2019 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM in Support by Carl Andrews re 156 FIRST MOTION to Suppress Property.. (Nelson, Alan) Modified on 12/16/2019 (ka). (Entered: 12/15/2019)
12/13/2019 LETTER by Lorenzo Randall addressed to Judge Paul A. Engelmayer from James E. Neuman dated 12/13/2019 re: joining in co-defendants' severance motions (Neuman, James) (Entered: 12/13/2019)
12/13/2019LETTER RESPONSE in Opposition by USA as to Lorenzo Randall addressed to Judge Paul A. Engelmayer from Rushmi Bhaskaran dated December 13, 2019 re: 230 LETTER MOTION addressed to Judge Paul A. Engelmayer from James E. Neuman dated 12/6/2019 re: request for a non-jury trial .. (Bhaskaran, Rushmi) (Entered: 12/13/2019)
12/9/2019AFFIRMATION of Susan J. Walsh in Support as to Justin Rivera re 234 MOTION to Sever Defendant Justin Rivera.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Walsh, Susan) (Entered: 12/09/2019)
12/9/2019MEMORANDUM in Support by Justin Rivera re 234 MOTION to Sever Defendant Justin Rivera.. (Walsh, Susan) (Entered: 12/09/2019)
12/9/2019 MOTION to Sever Defendant Justin Rivera. Document filed by Justin Rivera. (Walsh, Susan) (Entered: 12/09/2019)
12/9/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 12/6/2019 re: Dwayne Anthony Conley . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 12/09/2019)
12/9/2019MEMORANDUM in Support by Dwayne Anthony Conley re 231 MOTION to Sever Defendant .. (Epstein, Lloyd) (Entered: 12/09/2019)
12/9/2019 MOTION to Sever Defendant . Document filed by Dwayne Anthony Conley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C1, # 4 Exhibit C2, # 5 Exhibit C3)(Epstein, Lloyd) (Entered: 12/09/2019)
12/6/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from James E. Neuman dated 12/6/2019 re: request for a non-jury trial . Document filed by Lorenzo Randall. (Neuman, James) (Entered: 12/06/2019)
12/6/2019AFFIRMATION of Alan M. Nelson, Esq. in Support as to Carl Andrews re 228 MOTION to Sever Defendant Motion for Severance & Separate Trial on Counts Two, Seven & Fourteen.. (Nelson, Alan) (Entered: 12/06/2019)
12/6/2019 MOTION to Sever Defendant Motion for Severance & Separate Trial on Counts Two, Seven & Fourteen. Document filed by Carl Andrews. (Nelson, Alan) (Entered: 12/06/2019)
12/3/2019 OPINION AND ORDER as to Justin Rivera. For the foregoing reasons, the Court denies Rivera's motion to suppress witnesses' in-court identifications at trial. The Clerk of Court is respectfully directed to terminate the motion pending at docket 176. (Signed by Judge Paul A. Engelmayer on 12/3/2019) (ap) (Entered: 12/03/2019)
11/21/2019Set/Reset Deadlines/Hearings as to Lorenzo Randall (1), Justin Rivera (2), Dwayne Anthony Conley (3), Carl Andrews (6), Geraldine Faustin (7): Jury Trial set for 3/9/2020 at 09:30 AM in Courtroom 318, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (bw) (Entered: 11/21/2019)
11/21/2019SCHEDULING ORDER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin. This order adjourns the trial date in this case from January 27, 2020 to March 9, 2020. The trial will be held in Courtroom 318 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. The Court excludes time, pursuant to 18 U.S.C. § 3161(h)(7)(A), until March 9, 2020, finding that the interests of justice outweigh the interests of the public and the defense in a speedy trial. The Court does so for the reasons stated on the record at the conference held on November 19, 2019. At the same conference, the Court set the following deadlines: -Severance motions and motions in limine directed to the admissibility of violent acts of conduct are due on December 9, 2019. -Oppositions to any severance motions or any such motions in limine and any severance motions are due on December 20, 2019. -The next conference in this case is scheduled for January 29, 2020 at 10:00 a.m. in Courtroom 506 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. -The final pretrial conference is scheduled for March 3, 2020 at 10:00 a.m. in Courtroom 506 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. The Court adjourns the deadline for submissions of requests to charge and voir dire, and for motions in limine addressed to subjects other than those identified above. The Court will set deadlines for such submissions after resolving any severance motions. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/21/2019)(bw) (Entered: 11/21/2019)
11/21/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews. Notice is hereby given that an official transcript of a Conference proceeding held on 11/7/19 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: 11/21/2019)
11/21/2019TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews re: Conference held on 11/7/19 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Steven Greenblum, (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 12/12/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/19/2020. (McGuirk, Kelly) (Entered: 11/21/2019)
11/19/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin held on 11/19/2019. Defendants Randall, Rivera, Conley & Andrew present (in custody) with attorneys. Defendant Faustin present (on bond), with attorney. AUSAs Daniel Wolf & Rushmi Bhaskaran present. Court reporter present. See transcript. (ajs) (Entered: 11/19/2019)
11/13/2019ORDER as to Carl Andrews: After consulting with counsel for Mr. Andrews and the Government, the Court sets the hearing on Andrews motion to suppress for Thursday, December 19, 2019, beginning at 9:30 a.m. If necessary, the hearing will continue on Friday, December 20. The Court directs counsel to file, by 5:00 p.m. on Monday, December 16, 2019, updated memoranda of law, if any, on the suppression motion. Counsel are also directed, by the same date and time, to provide each other and the Court with two courtesy-copy binders apiece containing 3500 material and hearing exhibits. (Motion Hearing set for 12/19/2019 at 09:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 11/13/2019)(ap) (Entered: 11/13/2019)
11/13/2019SCHEDULING ORDER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin. The next hearing in this case, scheduled for November 19, 2019 at 10:00 a.m. will be held in Courtroom 110 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 11/19/2019 at 10:00 AM in Courtroom 110, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 11/13/2019) (ap) (Entered: 11/13/2019)
11/8/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kari Parker. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/8/19 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: 11/08/2019)
11/8/2019TRANSCRIPT of Proceedings as to Kari Parker re: Sentence held on 10/8/19 before Judge Paul A. Engelmayer. 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 11/29/2019. Redacted Transcript Deadline set for 12/9/2019. Release of Transcript Restriction set for 2/6/2020. (McGuirk, Kelly) (Entered: 11/08/2019)
11/8/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Magen Moreau. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/9/19 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: 11/08/2019)
11/8/2019TRANSCRIPT of Proceedings as to Magen Moreau re: Sentence held on 9/9/19 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/29/2019. Redacted Transcript Deadline set for 12/9/2019. Release of Transcript Restriction set for 2/6/2020. (McGuirk, Kelly) (Entered: 11/08/2019)
11/8/2019ORDER as to Carl Andrews: The Court has received defendant Carl Andrews' motion to suppress, Dkts. 158 and 159, the government's opposition, Dkt. 187, and the government's supplemental memorandum, Dkt. 206. The Court has concluded that it would benefit from an evidentiary hearing on the following topics: (1) whether Mr. Andrews has standing to challenge searches and seizures within the Premises; and (2) assuming standing, whether the cocaine and cell phones were lawfully seized. The Court's law clerk will contact counsel for the Government and for defendant Andrews directly to set a date for the hearing. The Court anticipates holding the hearing the week of December 16. Counsel should be prepared to notify the Court as to the estimated length of the hearing. (Signed by Judge Paul A. Engelmayer on 11/8/2019) (ap) (Entered: 11/08/2019)
11/7/2019MEMO ENDORSEMENT as to Dwayne Anthony Conley (3) granting 215 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 11/7/2019 re: Dwayne Conley. ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 215. (Signed by Judge Paul A. Engelmayer on 11/7/2019) (ap) (Entered: 11/07/2019)
11/7/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 11/7/2019 re: Dwayne Conley . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 11/07/2019)
11/7/2019Attorney update in case as to Carl Andrews. Attorney Ezra Spilke for Carl Andrews added.. (ajs) (Entered: 11/07/2019)
11/7/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Discovery Hearing as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews held on 11/7/2019. Defendants present (in custody) with attorneys. AUSAs Benjamin Schrier, Daniel Wolf & Rushmi Bhaskaran present. Court reporter present. For the reasons stated on the record, Ezrea Spilke, Esq., is appointed counsel for defendant Carl Andrews. See transcript. (ajs) (Entered: 11/07/2019)
11/7/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer: Arraignment as to Dwayne Anthony Conley (3) Count 1ss. Dwayne Anthony Conley (3) Count 1ss held on 11/7/2019. Defendant present (in custody) with attorney, Lloyd Epstein. AUSAs Benjamin Schrier, Daniel Wolf & Rushmi Bhaskaran present. Court reporter present. Defendant sworn, pleads NOT GUILTY to the S5 Indictment. See transcript. Plea entered by Dwayne Anthony Conley (3) Count 1ssDwayne Anthony Conley (3) Count 1ss Not Guilty. (ajs) (Entered: 11/07/2019)
11/6/2019 LETTER by Lorenzo Randall as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from James E. Neuman dated 11/6/2019 re: additional issues to be raised at the next conference Document filed by Lorenzo Randall. (Attachments: # 1 Exhibit related correspondence)(Neuman, James) (Entered: 11/06/2019)
11/6/2019LETTER RESPONSE to Motion by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated November 6, 2019 re: 208 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lisa Scolari dated November 3, 2019 re: Requesting a conference and update .. (Wolf, Daniel) (Entered: 11/06/2019)
11/5/2019Set/Reset Hearings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews: Pretrial Conference set for 11/7/2019 at 10:00 AM in Courtroom 110, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ap) (Entered: 11/05/2019)
11/5/2019MEMO ENDORSEMENT as to Lorenzo Randall (1), Justin Rivera (2), Dwayne Anthony Conley (3), Carl Andrews (6) granting 208 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lisa Scolari dated November 3, 2019 re: Requesting a conference and update. ENDORSEMENT: GRANTED. The Court schedules a hearing for the reasons stated above for November 7, 2019 at 10:00 a.m. in Courtroom 110 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. The Court forewarns counsel that an adjournment of the trial date is unlikely, and that, the Court expects to order, in light of the defendants' liberty interests, the Government to take all steps necessary to secure urgently any additional necessary discovery. Government counsel are expected to consult as needed in advance of this conference to assure compliance with this anticipated directive. The Clerk of Court is requested to terminate the motion at Dkt. No. 208. (Signed by Judge Paul A. Engelmayer on 11/5/2019) (ap) (Entered: 11/05/2019)
11/4/2019NOTICE OF HEARING as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews Discovery Hearing set for 11/7/2019 at 10:00 AM in Courtroom 110, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ajs) (Entered: 11/04/2019)
11/4/2019NOTICE OF ATTORNEY APPEARANCE Rushmi Bhaskaran appearing for USA. (Bhaskaran, Rushmi) (Entered: 11/04/2019)
11/3/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lisa Scolari dated November 3, 2019 re: Requesting a conference and update . Document filed by Justin Rivera as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit B)(Scolari, Lisa) (Entered: 11/03/2019)
11/1/2019INDICTMENT UNSEALED as to Dwayne Anthony Conley. (jbo) (Entered: 11/05/2019)
11/1/2019Order to Unseal (S5) Indictment as to Dwayne Anthony Conley. (Signed by Magistrate Judge James L. Cott on 11/1/19)(jbo) (Entered: 11/05/2019)
11/1/2019(S5) SEALED SUPERSEDING INDICTMENT FILED as to Dwayne Anthony Conley (3) count(s) 1ss. (jbo) (Entered: 11/05/2019)
11/1/2019 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf and Benjamin Woodside Schrier dated November 1, 2019 re: Discovery Document filed by USA. (Wolf, Daniel) (Entered: 11/01/2019)
10/31/2019MEMORANDUM in Opposition by USA as to Carl Andrews re 158 FIRST MOTION to Suppress Property.. (Schrier, Benjamin) (Entered: 10/31/2019)
10/31/2019Set/Reset Hearings as to Ricarda Diamond: Sentencing set for 1/31/2020 at 11:30 AM before Judge Paul A. Engelmayer. (ap) (Entered: 10/31/2019)
10/31/2019MEMO ENDORSEMENT as to Ricarda Diamond (4) granting 204 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated October 31, 2019 re: Request to Adjourn Sentencing. ENDORSEMENT: GRANTED. Sentencing is adjourned to January 31, 2020 at 11 :30 a.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 204. (Signed by Judge Paul A. Engelmayer on 10/31/2019) (ap) (Entered: 10/31/2019)
10/31/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated October 31, 2019 re: Request to Adjourn Sentencing . Document filed by Ricarda Diamond. (Cardi, Dawn) (Entered: 10/31/2019)
10/30/2019203SEALED DOCUMENT placed in vault. (mhe) (Entered: 10/30/2019)
10/28/2019MEMO ENDORSEMENT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau on re: 200 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from All defense counsel dated October 24, 2019. ENDORSEMENT: The Court directs defense and Government counsel urgently to confer about this issue; for the Government urgently to rectify Rule 16 deficiencies, if any; and for defense and Government counsel to submit a joint letter with a status update as to the issue on November 1, 2019. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/28/2019)(ap) (Entered: 10/28/2019)
10/28/2019MEMO ENDORSEMENT as to Dwayne Anthony Conley (3) on 199 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated October 24, 2019 re: Scheduling Clarification. ENDORSEMENT: The court clarifies that severance motions are due simultaneously with the in limine motions. (Signed by Judge Paul A. Engelmayer on 10/28/2019) (ap) (Entered: 10/28/2019)
10/24/2019 LETTER by Justin Rivera as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from All defense counsel dated October 24, 2019 Document filed by Justin Rivera. (Scolari, Lisa) (Entered: 10/24/2019)
10/24/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated October 24, 2019 re: Scheduling Clarification . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 10/24/2019)
10/24/2019MEMO ENDORSEMENT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. ENDORSEMENT: The Court, having received Mr. Epstein's letter confirming his agreement to an adjournment, GRANTS this request and adopts the updated briefing deadlines outlined above. Oppositions to the motions in limine are due December 20, 2019. These deadlines will not be further extended. The Clerk of Court is requested to terminate the motion at Dkt. No. 196. (Motions due by 12/9/2019. Responses due by 12/20/2019) (Signed by Judge Paul A. Engelmayer on 10/24/2019)(ap) (Entered: 10/24/2019)
10/24/2019ORDER OF RESTITITUION as to Kari Parker. (Signed by Judge Paul A. Engelmayer on 10/24/2019) (ap) (Entered: 10/24/2019)
10/23/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 10/23/2019 re: Dwayne Conley . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 10/23/2019)
10/21/2019 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated October 21, 2019 re: Joint Adjournment Request Document filed by USA. (Schrier, Benjamin) (Entered: 10/21/2019)
10/21/2019NOTICE OF ATTORNEY APPEARANCE: David S Greenfield appearing for Lorenzo Randall. Appearance Type: CJA Appointment. (Greenfield, David) (Entered: 10/21/2019)
10/18/2019MEMORANDUM in Opposition by USA as to Justin Rivera re 176 MOTION to Suppress In Court Identifications.. (Schrier, Benjamin) (Entered: 10/18/2019)
10/11/2019Set/Reset Hearings as to Franklyn Francisco: Sentencing set for 1/22/2020 at 02:30 PM before Judge Paul A. Engelmayer. (ap) (Entered: 10/11/2019)
10/11/2019MEMO ENDORSEMENT as to Franklyn Francisco (8) granting 184 SECOND LETTER MOTION addressed to Judge Paul A. Engelmayer from Michael Tremonte dated October 4, 2019 re: Adjournment of Sentencing Hearing. ENDORSEMENT: GRANTED. Sentencing is adjourned to January 22, 2019 at 2:30 p.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 184. (Signed by Judge Paul A. Engelmayer on 10/11/2019) (ap) (Entered: 10/11/2019)
10/10/2019JUDGMENT IN A CRIMINAL CASE. THE DEFENDANT: pleaded guilty to counts Eight 8, Nine 9, and Twelve 12 of the Indictment. IMPRISONMENT: Twelve (12) months and one (1) day on all counts, the terms to run concurrently. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant serve the remainder of his sentence at the Metropolitan Detention Center (MDC). The defendant is remanded to the custody of the United States Marshal. See ADDITIONAL SUPERVISED RELEASE TERMS. ASSESSMENT: $300.00 due immediately. RESTITUTION: $5,000.00. See Order of Restitution to be filed on ECFwithin three weeks. Special instructions regarding the payment of criminal monetary penalties: See Order of Restitution to be filed separately on ECF within three weeks. 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 I3ureau of Prisons' Inmate Financial Responsibility Program are made to the clerk of the court. The defendant shall receive credit for all payments previously made toward an criminal monetary penalties imposed. SUPERVISED RELEASE: Five (5) years; five (5) years on counts 8 and 9, and three (3) years on count 12, the terms are to run concurrently. (Signed by Judge Paul A. Engelmayer on 10/8/2019) (ap) (Entered: 10/10/2019)
10/9/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian Smith. Notice is hereby given that an official transcript of a Plea proceeding held on 9/13/19 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: 10/09/2019)
10/9/2019TRANSCRIPT of Proceedings as to Brian Smith re: Plea held on 9/13/19 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/30/2019. Redacted Transcript Deadline set for 11/12/2019. Release of Transcript Restriction set for 1/7/2020. (McGuirk, Kelly) (Entered: 10/09/2019)
10/8/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Sentencing held on 10/8/2019 for Kari Parker (10) Count 8-9,12. Defendant present (in custody) with attorney, Daniel Parker. AUSA Benjamin Schrier present. Court reporter present. See judgment. (ajs) (Entered: 10/08/2019)
10/7/2019MEMORANDUM in Opposition by USA as to Carl Andrews re 158 FIRST MOTION to Suppress Property.. (Schrier, Benjamin) (Entered: 10/07/2019)
10/7/2019NOTICE OF ATTORNEY APPEARANCE: Lisa Scolari appearing for Justin Rivera. Appearance Type: CJA Appointment. (Scolari, Lisa) (Entered: 10/07/2019)
10/7/2019FIRST MEMORANDUM OF LAW by Kari Parker in reply to Gov't sentencing memo. (Parker, Daniel) (Entered: 10/07/2019)
10/7/2019NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Kari Parker: Notice to Attorney Parker, Daniel to RE-FILE Document 183 Reply. Use the event type Memorandum of Law(non-motion) found under the event list Other Documents. (ka) (Entered: 10/07/2019)
10/4/2019SECOND LETTER MOTION addressed to Judge Paul A. Engelmayer from Michael Tremonte dated October 4, 2019 re: Adjournment of Sentencing Hearing . Document filed by Franklyn Francisco. (Tremonte, Michael) (Entered: 10/04/2019)
10/4/2019 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST REPLY by Kari Parker re: 174 Sentencing Submission filed by USA . (Parker, Daniel) Modified on 10/7/2019 (ka). (Entered: 10/04/2019)
10/4/2019NOTICE of Expert Testimony as to Justin Rivera (Attachments: # 1 Exhibit 1)(Walsh, Susan) (Entered: 10/04/2019)
10/4/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin. Notice is hereby given that an official transcript of a Conference proceeding held on 9/13/19 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 Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin re: Conference held on 9/13/19 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 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)
10/4/2019ORDER as to Justin Rivera: This order resolves a motion by defendant Justin Rivera seeking exculpatory evidence. On August 30, 2019, Rivera filed a motion pursuant to Brady v. Maryland, 373 U.S. 83 (1983), to compel the Government to disclose information regarding witnesses who had failed to identify him when shown a Photo Book. Dkt. 145; Dkt. 146; Dkt. 148. On September 20, 2019, the Government filed an opposition, Dkt. 166; on September 24, 2019, Rivera filed a reply, Dkt. 169; and on September 25, 2019, the Government filed a sur-reply, Dkt. 171. The basis for Rivera's motion is the Government's disclosure to the defense-made orally and in a July 8, 2019, letter-that unspecified persons who viewed a multi-photograph "Photo Book" when interviewed at the U.S. Attorney's Office failed to identify Rivera when asked if they recognized any person pictured in that book. Specifically, the Government wrote: "The government is aware of several instances in which a victim or witness was shown a version of the Photo Book containing Rivera's photograph, but failed to identify him. The Government will provide more specific information about those negative identifications in a forthcoming letter." See Dkt. 148-2, pg. 4. The defense contends that Brady requires disclosure of the names of any "victim" or "witness" who did not identify Rivera. Although the Government's locution in its disclosure to the defense certainly suggested the opposite, the Government now clarifies that the terms "victim" and "witness" in fact did not refer to victims or witnesses to conduct charged in Count One of the present indictment, the sole count in which Rivera is charged, which charges Rivera and several co-defendants with participation in a sex trafficking conspiracy in violation of 18 U.S.C. § 1594(c). Dkt. 166, at 1; Dkt. 1, at 2-4. Rather, the Government represents, these were victims and witnesses to separate conduct that is within the scope of the broader ongoing investigation. See Dkt. 166, at 1, 5, 6, 8, 9; Dkt. 171, at 1-2. On this representation, which the Court accepts, the Court agrees that Brady does not oblige the Government to disclose the names of these persons. The Court therefore denies the defense's motion, to the extent the motion seeks such disclosure before the date (three weeks before trial) when the Government has committed to disclosing these names. In the event, however, that the Government later determines that any person who failed to identify Rivera from a Photo Book containing him was either a witness to any aspect of, or a victim (whether or not charged) of, the sex trafficking conspiracy alleged in Count One, the Court expects that the Government will disclose forthwith to Rivera's counsel the name of such a person and the date on and circumstances under which the person failed to identify Rivera. The Court has no occasion at this time to determine whether such a disclosure could properly be made to Rivera's counsel on an attorney's eyes only basis. The Clerk of Court is respectfully directed to terminate the motions pending at Dkt. 145 and Dkt. 169. (Signed by Judge Paul A. Engelmayer on 10/4/2019) (ap) (Entered: 10/04/2019)
10/4/2019MEMORANDUM in Support by Justin Rivera re 176 MOTION to Suppress In Court Identifications.. (Walsh, Susan) (Entered: 10/04/2019)
10/4/2019DECLARATION of Susan J. Walsh in Support as to Justin Rivera re: 176 MOTION to Suppress In Court Identifications.. (Attachments: # 1 Exhibit A, # 2 Exhibit b)(Walsh, Susan) (Entered: 10/04/2019)
10/4/2019 MOTION to Suppress In Court Identifications. Document filed by Justin Rivera. (Walsh, Susan) (Entered: 10/04/2019)
10/3/2019SCHEDULING ORDER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin. This order adjourns the trial date in this case from December 2, 2019, to January 27, 2020. The Court's deputy has confirmed with all counsel whose clients anticipate proceeding to trial that they are available to try the case on this date. The adjournment is intended to give defense counsel, as requested at the September 13, 2019 conference, additional time to review voluminous discovery. The adjournment also serves to eliminate the possibility that the trial might extend into the December holidays. The Court excludes time, pursuant to 18 U.S.C. § 3161 (h)(7)(A), until January 27, 2020, finding that the interests of justice outweigh the interests. of the public and the defense in a speedy trial. For avoidance of doubt, all deadlines set at the prior conference and memorialized in the Court's order of September 18, 2019 (Dkt. No. 164) remain in place. The Court will, however, adjourn the deadline for submissions of requests to charge and voir dire by four weeks, until December 10, 2019. The pretrial conference scheduled for November 19, 2019, at 10 am remains in place. (Jury Trial set for 1/27/2020 at 09:30 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 10/3/2019) (ap) (Entered: 10/03/2019)
10/1/2019SENTENCING SUBMISSION by USA as to Kari Parker. (Wolf, Daniel) (Entered: 10/01/2019)
9/27/2019ENDORSED LETTER as to Carl Andrews addressed to Judge Paul A. Engelmayer from Daniel H. Wolf and Benjamin Woodside Schrier dated 9/27/19 re: The Government to request a one-week adjournment of the deadline for the Government's response....ENDORSEMENT: GRANTED. The government's response shall be filed on, or before, October 7, 2019. SO ORDERED.( Responses due by 10/7/2019) (Signed by Judge Paul A. Engelmayer on 9/27/19)(jw) (Entered: 09/27/2019)
9/27/2019 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated September 27, 2019 re: Adjournment Request Document filed by USA. (Schrier, Benjamin) (Entered: 09/27/2019)
9/25/2019LETTER RESPONSE in Opposition by USA as to Justin Rivera addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated September 25, 2019 re: 169 LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan J. Walsh dated September 24, 2019 re: 166 Memorandum in Opposition to Motion to compel production of Brady material.. (Schrier, Benjamin) (Entered: 09/25/2019)
9/25/2019MEMO ENDORSEMENT as to Dwayne Anthony Conley (3) granting 167 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 9/23/2019 re: Lloyd Epstein. ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 167. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/25/2019) (lnl) (Entered: 09/25/2019)
9/24/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan J. Walsh dated September 24, 2019 re: 166 Memorandum in Opposition to Motion to compel production of Brady material. Document filed by Justin Rivera. (Attachments: # 1 Exhibit 1)(Walsh, Susan) (Entered: 09/24/2019)
9/23/2019SENTENCING SUBMISSION by Kari Parker. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Parker, Daniel) (Entered: 09/23/2019)
9/23/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lloyd Epstein dated 9/23/2019 re: Lloyd Epstein . Document filed by Dwayne Anthony Conley. (Epstein, Lloyd) (Entered: 09/23/2019)
9/20/2019MEMORANDUM in Opposition by USA as to Justin Rivera re 145 MOTION for Release of Brady Materials .. (Schrier, Benjamin) (Entered: 09/20/2019)
9/18/2019SCHEDULING ORDER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin. For the reasons stated on the record at the conference held Friday, September 13, 2019, the Court hereby sets the following schedule and deadlines: A motion to suppress was filed by defendant Carl Andrews on September 16, 2019. Any opposition to this motion is due no later than September 30, 2019. The Government's 404(b) disclosure as to uncharged victims is due no later than September 27, 2019. The Government's expert disclosures are due no later than October 4, 2019. Any motion to suppress filed by defendant Justin Rivera is due no later than October 4, 2019. Any opposition this motion is due no later than October 18, 2019. The Government's enterprise letter and 404(b) disclosure are due no later than October 15, 2019. Any motions in limine shall be filed no later than October 29, 2019. Any opposition to motions in limine shall be filed no later than November 12, 2019. The next conference in this case will take place November 19, 2019 at 10:00 a.m. in Courtroom 23B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. Time is excluded, pursuant to 18 U.S.C. § 3161 (h)(7)(A), until December 2, 2019. (Motions in limine due by 10/29/2019. Response to motions in limine due by 11/12/2019. Response to motion to suppress due by 9/30/2019. Motion to suppress due by 10/4/2019. Response due by 10/18/2019. Status Conference set for 11/19/2019 at 10:00 AM in Courtroom 23B, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 9/18/2019) (ap) (Entered: 09/18/2019)
9/18/2019Set/Reset Hearings as to Franklyn Francisco: Sentencing set for 11/18/2019 at 02:30 PM before Judge Paul A. Engelmayer. (ap) (Entered: 09/18/2019)
9/18/2019MEMO ENDORSEMENT as to Franklyn Francisco (8) granting 157 LETTER MOTION addressed to Judge Paul A. Engelmayer from Michael Tremonte dated September 16, 2019 re: Adjournment of Sentencing Hearing. ENDORSEMENT: GRANTED. Sentencing is adjourned to Monday, November 18, 2019 at 2:30 p.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Court also GRANTS the requested adjustments to the disclosure dates for the Presentence Report. The Clerk of Court is requested to terminate the motion at Dkt. No. 157. (Signed by Judge Paul A. Engelmayer on 9/18/2019) (ap) (Entered: 09/18/2019)
9/17/2019ORDER OF RESTITUTION as to Magen Moreau. It is hereby ORDERED that amount of Restitution. Magen Moreau, the Defendant, shall pay restitution in the totalamount of $2,000.00 to the estate of the individual identified in the above Indictment as "Victim- 7." The name(s), address(es), and specific amounts owed to each victim are set forth in the Schedule of Victims attached hereto. Upon advice of a change of address, the Clerk of the Court is authorized to send payments to the new address without further order of this Court. (Signed by Judge Paul A. Engelmayer on 9/17/2019)(jw) (Entered: 09/17/2019)
9/17/2019AFFIRMATION of Lee Bergstein in Support as to Carl Andrews re 158 FIRST MOTION to Suppress Property.. (Attachments: # 1 Exhibit A- Affidavit in Support of Search Warrant, # 2 Exhibit B- Arrest Warrant, # 3 Exhibit C - Andrews Affidavit in Support, # 4 Exhibit D - Affidavit in Support of Pen Register Application, # 5 Exhibit E - Search Warrant, # 6 Exhibit F - FD-302 Form)(Bergstein, Lee) (Entered: 09/17/2019)
9/17/2019FIRST MOTION to Suppress Property. Document filed by Carl Andrews. (Bergstein, Lee) (Entered: 09/17/2019)
9/17/2019***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Carl Andrews: Notice to Attorney Bergstein, Lee to RE-FILE Document 156 FIRST MOTION to Suppress Property. ERROR(S): Filing Error of Attachment#1. Supporting Documents must be filed individually. Event code located under Replies, Opposition and Supporting Documents.***NOTE: Separate docket entry for each. (ka) (Entered: 09/17/2019)
9/16/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Michael Tremonte dated September 16, 2019 re: Adjournment of Sentencing Hearing . Document filed by Franklyn Francisco. (Tremonte, Michael) (Entered: 09/16/2019)
9/16/2019 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Suppress Property. Document filed by Carl Andrews. (Attachments: # 1 Affidavit Attorney Affirmation in Support, # 2 Exhibit Exhibit A - Search Warrant Affidavit, # 3 Exhibit Exhibit B - Arrest Warrant, # 4 Exhibit Exhibit C - Andrews Affidavit in Support, # 5 Exhibit Exhibit D - Affidavit in Support of Pen Register Application, # 6 Exhibit Exhibit E - Search Warrant, # 7 Exhibit Exhibit F - Form FD 302)(Bergstein, Lee) Modified on 9/17/2019 (ka). (Entered: 09/16/2019)
9/13/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Change of Plea Hearing as to Brian Smith held on 9/13/2019. Defendant present (in custody) with attorneys, Margaret Shalley & Carlos Santiago. AUSAs Benjamin Schrier & Shiva Logarajah present. Court reporter present. Defendant sworn, changes plea of not guilty to GUILTY to the S4 Information. See transcript. Plea entered by Brian Smith (5) Guilty as to Count 1s. (ajs) (Entered: 09/19/2019)
9/13/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Arraignment as to Brian Smith (5) Count 1s held on 9/13/2019. Defendant present (in custody) with attorneys, Margaret Shalley & Carlos Santiago. AUSAs Benjamin Schrier & Shiva Logarajah present. Court reporter present. Defendant sworn, pleads NOT GUILTY to the S4 Information. See transcript. (ajs) (Entered: 09/19/2019)
9/13/2019Order of Referral to Probation for Presentence Investigation and Report as to Brian Smith. Sentencing set for 1/8/2020 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ajs) (Entered: 09/18/2019)
9/13/2019WAIVER OF INDICTMENT by Brian Smith. (jm) (Entered: 09/18/2019)
9/13/2019(S4) SUPERSEDING INFORMATION (Felony) filed as to Brian Smith (5) count(s) 1s. (jm) (Entered: 09/18/2019)
9/13/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin held on 9/13/2019. Defendants present (in custody, defendant Faustin on bond), with attorneys James Neuman, Susan Walsh, Emily Miller, Lloyd Epstein, Alan Nelson, Lee Bergstein, John Kaley & Hara Robrish. AUSAs Benjamin Schrier & Daniel Wolf present. Court reporter present. See transcript. (ajs) (Entered: 09/18/2019)
9/13/2019Set/Reset Hearings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Carl Andrews, Geraldine Faustin: Pretrial Conference set for 11/19/2019 at 10:00 AM in Courtroom 23B, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ajs) (Entered: 09/13/2019)
9/10/2019JUDGMENT IN A CRIMINAL CASE as to Magen Moreau (11), Pleaded guilty to Count(s) 11, Imprisonment for a total term of Fourteen Months (14). Supervised release for a term of Three Years. Count(s) 5s are dismissed on the motion of the US. The Court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be designated to FCI Danbury and that her designation and transfer be made as soon as possible, given the substandard prison conditions to which she has long been subject to at the MCC. The defendant shall not access any websites, chatrooms, instant messaging, or social networking sites where your criminal history - including this conviction - would render such access in violation of the terms of service of that website, chatroom, instant messaging, or social networking site. Special Assessment of $100 which is due immediately. Restitution of $2,000.00 (Signed by Judge Paul A. Engelmayer on 9/10/2019)(jw) (Entered: 09/10/2019)
9/10/2019DISMISSAL OF COUNTS on Government Motion as to Magen Moreau (11) Count 5s. (jw) (Entered: 09/10/2019)
9/9/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Sentencing held on 9/9/2019 for Magen Moreau (11) Count 11. Defendant present (in custody) with attorney, Cesar De Castro. AUSA Daniel Wolf present. Court reporter present. See judgment. (ajs) (Entered: 09/09/2019)
9/9/2019Sentencing Letter by Magen Moreau addressed to Paul A. Engelmayer from Cesar de Castro dated September 9, 2019 re: additional letters in support of sentencing. (Attachments: # 1 Exhibit Letter in Support, # 2 Exhibit Letter in Support, # 3 Exhibit Letter in Support)(De Castro, Cesar) (Entered: 09/09/2019)
9/5/2019SENTENCING SUBMISSION by USA as to Magen Moreau. (Wolf, Daniel) (Entered: 09/05/2019)
9/5/2019Set/Reset Deadlines as to Carl Andrews: Motions (To suppress by defendant) due by 9/16/2019. (jbo) (Entered: 09/05/2019)
9/5/2019MEMO ENDORSED granting 151 LETTER MOTION Extension of Time to File Suppression Motion as to Carl Andrews (6)...ENDORSEMENT: GRANTED. Any motion to suppress by defendant Andrews shall be filed no later than September 16, 2019. The Clerk of Court is requested to terminate the motion at Dkt. No. 151. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/5/19) (jbo) (Entered: 09/05/2019)
9/5/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Alan M. Nelson, Esq. dated 9/5/2019 re: Extension of Time to File Suppression Motion . Document filed by Carl Andrews. (Nelson, Alan) (Entered: 09/05/2019)
9/4/2019NOTICE OF ATTORNEY APPEARANCE: Emily Miller appearing for Justin Rivera. Appearance Type: CJA Appointment. (Miller, Emily) (Entered: 09/04/2019)
9/3/2019SENTENCING SUBMISSION by Magen Moreau. (Attachments: # 1 Exhibit A - MCC Memo, # 2 Exhibit B - Letters in Support, # 3 Exhibit C - Certificates, # 4 Exhibit D - Paralegal Syllabus, # 5 Exhibit E - Grades)(De Castro, Cesar) (Entered: 09/03/2019)
9/3/2019DECLARATION of Susan J. Walsh in Support as to Justin Rivera re: 145 MOTION for Release of Brady Materials .. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Walsh, Susan) (Entered: 09/03/2019)
9/3/2019NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Justin Rivera: Notice to Attorney Walsh, Susan to RE-FILE Document 147 Affidavit in Support of Motion. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ka) (Entered: 09/03/2019)
8/30/2019 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Susan J. Walsh in Support as to Justin Rivera re 145 MOTION for Release of Brady Materials .. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Walsh, Susan) Modified on 9/3/2019 (ka). (Entered: 08/30/2019)
8/30/2019MEMORANDUM in Support by Justin Rivera re 145 MOTION for Release of Brady Materials .. (Walsh, Susan) (Entered: 08/30/2019)
8/30/2019 MOTION for Release of Brady Materials . Document filed by Justin Rivera. (Walsh, Susan) (Entered: 08/30/2019)
8/9/2019 LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Susan J. Walsh dated August 9, 2019 (Walsh, Susan) (Entered: 08/09/2019)
8/6/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Magen Moreau. Notice is hereby given that an official transcript of a Plea proceeding held on 7/10/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/06/2019)
8/6/2019TRANSCRIPT of Proceedings as to Magen Moreau re: Plea held on 7/10/19 before Judge Paul A. Engelmayer. 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 8/27/2019. Redacted Transcript Deadline set for 9/6/2019. Release of Transcript Restriction set for 11/4/2019. (McGuirk, Kelly) (Entered: 08/06/2019)
8/5/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Franklyn Francisco. Notice is hereby given that an official transcript of a Plea 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: 08/05/2019)
8/5/2019TRANSCRIPT of Proceedings as to Franklyn Francisco re: Plea held on 7/9/19 before Judge Paul A. Engelmayer. 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 8/26/2019. Redacted Transcript Deadline set for 9/5/2019. Release of Transcript Restriction set for 11/4/2019. (McGuirk, Kelly) (Entered: 08/05/2019)
7/29/2019TRANSCRIPT of Proceedings as to Kari Parker re: Plea held on 06/27/2019 before Judge Paul A. Engelmayer. 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 8/19/2019. Redacted Transcript Deadline set for 8/29/2019. Release of Transcript Restriction set for 10/28/2019. (McGuirk, Kelly) (Entered: 07/29/2019)
7/29/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kari Parker. Notice is hereby given that an official transcript of a Plea proceeding held on 06/27/2019 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: 07/29/2019)
7/29/2019TRANSCRIPT of Proceedings as to Ricarda Diamond re: Plea held on 06/24/2019 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/19/2019. Redacted Transcript Deadline set for 8/29/2019. Release of Transcript Restriction set for 10/28/2019. (McGuirk, Kelly) (Entered: 07/29/2019)
7/29/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ricarda Diamond. Notice is hereby given that an official transcript of a Plea proceeding held on 06/24/2019 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: 07/29/2019)
7/25/2019ENDORSED LETTER as to Kari Parker addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated 3/20/19 re: Requesting that the Court appoint my associate, Christina S. Cooper, to assist me in this case....ENDORSEMENT: GRANTED nunc pro tunc to March 20, 2019. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/25/19)(jw) (Entered: 07/25/2019)
7/22/2019MEMO ENDORSEMENT granting 132 LETTER MOTION To request permission to file interim vouchers as to Lorenzo Randall...ENDORSEMENT...Granted. The Clerk of Court is requested to terminate the motion at Dkt No. 132. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/22/19) (jw) (Entered: 07/22/2019)
7/21/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from James E. Neuman dated 7/21/2019 re: permission to file interim vouchers . Document filed by Lorenzo Randall. (Neuman, James) (Entered: 07/21/2019)
7/16/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ricarda Diamond. Notice is hereby given that an official transcript of a Conference proceeding held on 6/10/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/16/2019)
7/16/2019TRANSCRIPT of Proceedings as to Ricarda Diamond re: Conference held on 6/10/19 before Judge Paul A. Engelmayer. 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 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)
7/11/2019MEMO ENDORSEMENT as to Geraldine Faustin (7) granting 128 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated July 11, 2019 re: Bail Modification for Travel on July 13, 2019. ENDORSEMENT: GRANTED. Mr. Faustin shall provide location information as to the funeral home and cemetery to the Pretrial Services Department. The Court sends its condolences to Ms. Faustin and her family. The Clerk of Court is requested to terminate the motion at Dkt. No. 128. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/11/2019) (lnl) (Entered: 07/11/2019)
7/11/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated July 11, 2019 re: Bail Modification for Travel on July 13, 2019 . Document filed by Geraldine Faustin. (Kaley, John) (Entered: 07/11/2019)
7/10/2019MEMO ENDORSEMENT as to Ricarda Diamond (4) granting 122 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated July 10, 2019 re: 118 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated July 8, 2019 re: Bail Modification. ENDORSEMENT: GRANTED. The Court, having confirmed that there are no objections to this request, orders that the terms of Ms. Diamond's pretrial release be amended to remove the curfew previously imposed and to remove the use of the radio frequency ankle bracelet used to enforce said curfew. The Clerk of Court is requested to terminate the motions at Dkt. Nos. 118 & 122. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/10/2019) (lnl) (Entered: 07/10/2019)
7/10/2019MEMO ENDORSEMENT as to Justin Rivera on 121 LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan J. Walsh dated July 8, 2019 re: Motion schedule. ENDORSEMENT: The Court appreciates this notification. Rather than set a filing deadline now, the Court directs Ms. Walsh, after conferring with the Government, to submit a letter due August 9, 2019, notifying the Court on the status of her case and whether she intends to make any or all of the above-listed motions. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/10/2019) (lnl) (Entered: 07/10/2019)
7/10/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Change of Plea Hearing as to Magen Moreau held on 7/10/2019. Defendant present (in custody) with attorney, Cesar de Castro. AUSA Daniel Wolf present. Court reporter present. Defendant sworn, pleads NOT GUILTY to the S1 Indictment. Defendant changes plea of not guilty to GUILTY on Count 11 of the original Indictment. See transcript. Sentencing set for 9/4/2019 at 03:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Plea entered by Magen Moreau (11) Count 5s Not Guilty. Plea entered by Magen Moreau (11) Guilty as to Count 11. (ajs) (Entered: 07/10/2019)
7/10/2019Order of Referral to Probation for Presentence Investigation and Report as to Magen Moreau. (ajs) (Entered: 07/10/2019)
7/10/2019MEMO ENDORSEMENT as to Geraldine Faustin (7) granting 119 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated July 8, 2019 re: Modification to Bail Conditions; granting 120 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated July 8, 2019 re: Modification to Bail Conditions. ENDORSEMENT: GRANTED. The terms of pretrial release for Ms. Faustin shall be amended to remove home confinement and add a curfew as directed by the Pretrial Services Department. The Clerk of Court is requested to terminate the motion at Dkt. Nos. 119 and 120. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/9/2019) (lnl) (Entered: 07/10/2019)
7/10/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated July 10, 2019 re: 118 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated July 8, 2019 re: Bail Modification . re: Bail Modification . Document filed by Ricarda Diamond. (Cardi, Dawn) (Entered: 07/10/2019)
7/9/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Arraignment as to Franklyn Francisco (8) Count 1s held on 7/9/2019. Defendant present (in custody) with attorney, Michael Tremonte. AUSA Benjamin Schrier present. Court reporter present. Defendant sworn, pleads GUILTY to the S2 Information. See transcript. Plea entered by Franklyn Francisco (8) Guilty as to Count 1s. Sentencing set for 10/18/2019 at 10:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ajs) (Entered: 07/11/2019)
7/9/2019WAIVER OF INDICTMENT by Franklyn Francisco. (jm) (Entered: 07/10/2019)
7/9/2019(S2) SUPERSEDING INFORMATION (Felony) filed as to Franklyn Francisco (8) count(s) 1s. (jm) (Entered: 07/10/2019)
7/9/2019Order of Referral to Probation for Presentence Investigation and Report as to Franklyn Francisco. (ajs) (Entered: 07/10/2019)
7/8/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan J. Walsh dated July 8, 2019 re: Motion schedule . Document filed by Justin Rivera. (Walsh, Susan) (Entered: 07/08/2019)
7/8/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated July 8, 2019 re: Modification to Bail Conditions . Document filed by Geraldine Faustin. (Kaley, John) (Entered: 07/08/2019)
7/8/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from John F. Kaley, Esq. dated July 8, 2019 re: Modification to Bail Conditions . Document filed by Geraldine Faustin. (Kaley, John) (Entered: 07/08/2019)
7/8/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated July 8, 2019 re: Bail Modification . Document filed by Ricarda Diamond. (Cardi, Dawn) (Entered: 07/08/2019)
7/2/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 6/3/19 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: 07/02/2019)
7/2/2019TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 6/3/19 before Judge Paul A. Engelmayer. 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 7/23/2019. Redacted Transcript Deadline set for 8/2/2019. Release of Transcript Restriction set for 9/30/2019. (McGuirk, Kelly) (Entered: 07/02/2019)
6/28/2019MEMO ENDORSEMENT granting 113 LETTER MOTION To modify the hours of Ms. Diamond's curfew to 11:00pm - 6:00am as to Ricarda Diamond...ENDORSEMENT...Granted. The Clerk of Court is requested to terminate the motion at Dkt No. 113. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/28/19) (jw) (Entered: 06/28/2019)
6/27/2019(S1) SUPERSEDING INDICTMENT FILED as to Lorenzo Randall (1) count(s) 1s, 2s-3s, Dwayne Anthony Conley (3) count(s) 4s, Carl Andrews (6) count(s) 1s, 2s, Magen Moreau (11) count(s) 5s. (jm) (Entered: 06/28/2019)
6/27/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated June 27, 2019 re: Bail Modification . Document filed by Ricarda Diamond. (Cardi, Dawn) (Entered: 06/27/2019)
6/27/2019Order of Referral to Probation for Presentence Investigation and Report as to Kari Parker. (ajs) (Entered: 06/27/2019)
6/27/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Change of Plea Hearing as to Kari Parker held on 6/27/2019. Defendant present (in custody) with attorney, Daniel Parker. AUSA Daniel Wolf present. Court reporter present. Defendant sworn, changes plea of not guilty to GUILTY on counts 8, 9 and 12. See transcript. Plea entered by Kari Parker (10) Guilty as to Count 8-9,12. Sentencing set for 10/8/2019 at 10:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ajs) (Entered: 06/27/2019)
6/24/2019Order of Referral to Probation for Presentence Investigation and Report as to Ricarda Diamond. (ajs) (Entered: 06/24/2019)
6/24/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Change of Plea Hearing as to Ricarda Diamond held on 6/24/2019. Defendant present (on bond) with attorney, Dawn Cardi. AUSA Daniel Wolf present. Court reporter present. Defendant sworn, changes plea of not guilty to GUILTY on Count 1 of the Indictment. Bond continued. See transcript. Plea entered by Ricarda Diamond (4) Guilty as to Count 1. Sentencing set for 11/8/2019 at 10:00 AM before Judge Paul A. Engelmayer.) (ajs) (Entered: 06/24/2019)
6/20/2019ORDER as to Carl Andrews: The Court has received a letter (Dkt. No. 99), dated June 6, 2019, from Alan M. Nelson. Esq., counsel for defendant Carl Andrews. Mr. Nelson states that, in the event the charges against Mr. Andrews do not result in a disposition, he intends to move to suppress the fruits of a search of his premises in Smithtown, New York. The Court hereby sets the following schedule for briefing on a motion to suppress. The schedule is deferred to enable counsel to discuss a potential disposition before any briefing on the motion to suppress: 1. The defense's motion and opening brief will be due September 9, 2019. 2. The Government's opposition will be due September 23, 2019. After reviewing the parties' submissions, the Court will determine whether, and if so when, to schedule a suppression hearing. (Motions due by 9/9/2019. Responses due by 9/23/2019) (Signed by Judge Paul A. Engelmayer on 6/20/2019) (ap) (Entered: 06/20/2019)
6/17/2019NOTICE OF WITHDRAWAL as to Franklyn Francisco. PLEASE TAKE NOTICE that, effective June 13, 2019, EMMA SPIRO hereby withdraws her individual appearance as counsel for Defendant Franklyn Francisco in the above captioned matter since as of that date she will no longer be employed by Sher Tremonte LLP.Sher Tremonte LLP will continue to represent Mr. Francisco and is not withdrawing its appearance in this action...ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate Ms. Spiro's appearance from this case. The Clerk of Court is requested to terminate the motion at Dkt. No. 109. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/17/19) (jbo) (Entered: 06/17/2019)
6/14/2019 LETTER by Emma M. Greenwood as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Emma M. Greenwood, Coordinating Discovery Attorney (CDA) dated June 14, 2019 re: Status Letter Document filed by Emma M. Greenwood. (Greenwood, Emma) (Entered: 06/14/2019)
6/13/2019FIRST MOTION for Emma Spiro to Withdraw as Attorney . Document filed by Franklyn Francisco. (Spiro, Emma) (Entered: 06/13/2019)
6/12/2019 LETTER by Ricarda Diamond addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated June 12, 2019 re: Affidavit (Attachments: # 1 Affidavit)(Cardi, Dawn) (Entered: 06/12/2019)
6/11/2019MEMO ENDORSEMENT as to Ricarda Diamond (4) granting 105 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated June 10, 2019 re: Bail Modification. ENDORSEMENT: GRANTED. Ms. Diamond's curfew shall be adjusted to 10:30 p.m. to 6:00 a.m. The Clerk is requested to terminate the motion at Dkt. No. 105. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/11/2019) (lnl) (Entered: 06/11/2019)
6/10/2019MEMO ENDORSEMENT as to Franklyn Francisco on re: 104 LETTER by USA as to Franklyn Francisco addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated May 10, 2019 re: Change of Plea Hearing. ENDORSEMENT: GRANTED. The hearing is adjourned to July 9, 2019 at 4:30 p.m. The parties shall contact the Court when they are ready to proceed with the change of plea hearing. (Change of Plea Hearing set for 7/9/2019 at 04:30 PM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 6/10/2019) (ap) Modified on 6/11/2019 (ap). (Entered: 06/10/2019)
6/10/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated June 10, 2019 re: Bail Modification . Document filed by Ricarda Diamond. (Cardi, Dawn) (Entered: 06/10/2019)
6/10/2019 LETTER by USA as to Franklyn Francisco addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated May 10, 2019 re: Change of Plea Hearing Document filed by USA. (Schrier, Benjamin) (Entered: 06/10/2019)
6/10/2019103SEALED DOCUMENT placed in vault. (mhe) (Entered: 06/10/2019)
6/10/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Bond Hearing as to Ricarda Diamond held on 6/10/2019. Defendant present (on bond) with attorney, Dawn Cardi. AUSA Benjamin Schrier present. Court reporter present. Bond continued. See transcript. (ajs) (Entered: 06/10/2019)
6/10/2019SCHEDULING ORDER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau: For the reasons stated on the record at the conference held on Monday, June 3, 2019, the Court hereby sets the following schedule and deadlines, in addition to others reflected in the transcript of the conference: All discovery known to the government shall be turned over no later than June 30, 2019. Any superseding indictment is to be returned by June 30, 2019. The next conference in this case will take place September 13, 2019 at 2:30 p.m. in Courtroom 318 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. SO ORDERED. (Discovery due by 6/30/2019. Status Conference set for 9/13/2019 at 02:30 PM in Courtroom 318, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/5/2019) (lnl) (Entered: 06/10/2019)
6/7/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Cesar de Castro dated 6/7/2019 re: potential motion to suppress . Document filed by Magen Moreau. (De Castro, Cesar) (Entered: 06/07/2019)
6/7/2019 LETTER by USA as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau addressed to Judge Paul A. Engelmayer from Daniel H. Wolf dated June 7, 2019 re: Discovery Document filed by USA. (Wolf, Daniel) (Entered: 06/07/2019)
6/6/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Alan M. Nelson, Esq. dated 6/6/2019 re: Anticipated Motion to Suppress Physical Evidence . Document filed by Carl Andrews. (Nelson, Alan) (Entered: 06/06/2019)
6/4/2019ORDER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau: The Federal Bureau of Investigation ("FBI") is directed to produce forthwith, and no later than June 7, 2019, to the United States Attorney's Office for the Southern District of New York ("USAO-SDNY") any and all Backpage records within the FBI's possession, custody, or control that are responsive to any prior requests (the "Requests") for such records made by Special Agent Brian S. Mitchell and Task Force Officer George Munoz in connection with the above-captioned matter. The SDNY-USAO shall furnish to the FBI any information necessary, including but not limited to the initial Requests, for the FBI to comply with this Order. If the FBI is unable to produce the Records as ordered by June 7, 2019, the FBI shall make a representative of the FBI unit or department responsible for producing such Records available to appear before the Court and explain the basis for the FBI's inability to do so the week of June 10, 2019, at a specific date and time to.be ordered by the Court. (Signed by Judge Paul A. Engelmayer on 6/4/2019) (ap) (Entered: 06/04/2019)
6/3/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau held on 6/3/2019. Defendants present with attorneys. AUSAs Benjamin Schrier & Daniel Wolf present. Court reporter present. See transcript. (ajs) (Entered: 06/03/2019)
6/3/2019ENDORSED LETTER as to (19-Cr-131-08) Franklyn Francisco addressed to Judge Paul A. Engelmayer from Attorneys Michael Tremonte, Emma Spiro dated May 30, 2019 re: We write on behalf Franklyn Francisco, our client in the above-captioned case, to request that the Court waive Mr. Francisco's appearance at the status conference scheduled for June 3, 2019. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/3/2019)(bw) (Entered: 06/03/2019)
5/30/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Michael Tremonte dated May 30, 2019 re: Waiver of Mr. Francisco's Appearance at Status Conference Scheduled for June 3, 2019 . Document filed by Franklyn Francisco. (Tremonte, Michael) (Entered: 05/30/2019)
5/30/2019MEMO ENDORSEMENT as to Ricarda Diamond on re: 90 LETTER by Ricarda Diamond addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated May 23, 2019 re: Response to Court's Inquiry. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/30/2019) (ap) (Entered: 05/30/2019)
5/30/2019MEMO ENDORSEMENT as to Lorenzo Randall (1) granting 93 LETTER MOTION addressed to Judge Paul A. Engelmayer from James E. Neuman dated 5/29/2019 re: allow another attorney to appear for Mr. Randall at the next conference. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 5/30/2019) (ap) (Entered: 05/30/2019)
5/29/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from James E. Neuman dated 5/29/2019 re: allow another attorney to appear for Mr. Randall at the next conference . Document filed by Lorenzo Randall. (Neuman, James) (Entered: 05/29/2019)
5/28/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ricarda Diamond. Notice is hereby given that an official transcript of a Arraignment proceeding held on 3/19/19 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: 05/28/2019)
5/28/2019TRANSCRIPT of Proceedings as to Ricarda Diamond re: Arraignment held on 3/19/19 before Judge Paul A. Engelmayer. 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 6/18/2019. Redacted Transcript Deadline set for 6/28/2019. Release of Transcript Restriction set for 8/26/2019. (McGuirk, Kelly) (Entered: 05/28/2019)
5/23/2019 LETTER by Ricarda Diamond addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated May 23, 2019 re: Response to Court's Inquiry (Cardi, Dawn) (Entered: 05/23/2019)
5/23/2019MEMO ENDORSEMENT as to Ricarda Diamond (4) on 87 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated May 22, 2019 re: Adjourn Hearing. ENDORSEMENT: The Court is unavailable on the date indicated due to the Second Circuit Judicial Conference. To accommodate counsel's travel commitment, the Court reschedules the bail hearing for Monday, June 10, 2019, at 9:00 a.m. The conference will not be further adjourned. Ms. Cardi is directed to notify the Court today of an attorney who - in the event that new developments necessitate advancing the bail hearing to next week - would be prepared to cover for her. (Signed by Judge Paul A. Engelmayer on 5/23/2019) (ap) (Entered: 05/23/2019)
5/23/2019NOTICE OF ATTORNEY APPEARANCE: Carlos Manuel Santiago, Jr appearing for Brian Smith. Appearance Type: CJA Appointment. (Santiago, Carlos) (Entered: 05/23/2019)
5/22/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated May 22, 2019 re: Adjourn Hearing . Document filed by Ricarda Diamond. (Cardi, Dawn) (Entered: 05/22/2019)
5/22/2019ORDER as to Franklyn Francisco: Due to a conflict with an ongoing trial, the Court adjourns the scheduled conference in Mr. Francisco's case from May 30, 2019 to June 10, 2019 at 4:00 p.m. (Status Conference set for 6/10/2019 at 04:00 PM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 5/22/2019) (ap) (Entered: 05/22/2019)
5/21/2019SCHEDULING ORDER as to Ricarda Diamond. The Court has received a letter from the government moving to revoke the bail granted to Ricarda Diamond, a defendant in the above-captioned case, following her March 19, 2019 bail hearing. Dkt. 81. The Court hereby schedules a hearing for Tuesday, May 28, at 9 a.m., at which it will take up the government's motion. (Motion Hearing set for 5/28/2019 at 09:00 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 5/21/2019) (ap) (Entered: 05/21/2019)
5/21/2019MEMO ENDORSEMENT as to Justin Rivera on re: 83 FIRST LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Susan J. Walsh dated May 20, 2019 re: Stand-in Counsel at June 3, 2019 Conference. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/21/2019) (ap) (Entered: 05/21/2019)
5/20/2019FIRST LETTER by Justin Rivera addressed to Judge Paul A. Engelmayer from Susan J. Walsh dated May 20, 2019 re: Stand-in Counsel at June 3, 2019 Conference (Walsh, Susan) (Entered: 05/20/2019)
5/17/201982SEALED DOCUMENT placed in vault. (mhe) (Entered: 05/17/2019)
5/16/2019 LETTER by USA as to Ricarda Diamond addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated May 16, 2019 re: Bail Revocation Request Document filed by USA. (Schrier, Benjamin) (Entered: 05/16/2019)
5/13/201980SEALED DOCUMENT placed in vault. (mhe) (Entered: 05/14/2019)
5/13/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 4/15/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/13/2019)
5/13/2019TRANSCRIPT of Proceedings as to Justin Rivera re: Conference held on 4/15/19 before Judge Paul A. Engelmayer. 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 6/3/2019. Redacted Transcript Deadline set for 6/13/2019. Release of Transcript Restriction set for 8/12/2019. (McGuirk, Kelly) (Entered: 05/13/2019)
5/9/2019MEMO ENDORSEMENT as to Anthony Darby (9) granting 76 LETTER MOTION addressed to Judge Paul A. Engelmayer from Valerie A. Gotlib dated May 7, 2019 re: Requesting Authorization to Submit Interim Vouchers. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/9/2019) (ap) (Entered: 05/09/2019)
5/7/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Valerie A. Gotlib dated May 7, 2019 re: Requesting Authorization to Submit Interim Vouchers . Document filed by Anthony Darby. (Gotlib, Valerie) (Entered: 05/07/2019)
5/3/201975SEALED DOCUMENT placed in vault. (mhe) (Entered: 05/03/2019)
5/2/2019NOTICE OF ATTORNEY APPEARANCE: Hara Ashley Robrish appearing for Geraldine Faustin. Appearance Type: CJA Appointment. CJA Mentoring Program (Robrish, Hara) (Entered: 05/02/2019)
4/30/201973SEALED DOCUMENT placed in vault. (mhe) (Entered: 04/30/2019)
4/29/2019NOTICE of Change of Address as to Anthony Darby. New Address: Gotlib Law, PLLC, 225 Broadway, Suite 2815, New York, New York, 10007, 917-536-8171. (Gotlib, Valerie) (Entered: 04/29/2019)
4/26/2019MEMO ENDORSEMENT as to Ricarda Diamond (4) granting 70 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated April 26, 2019 re: Bail Modification. ENDORSEMENT: The Court, having confirmed there are no objections, GRANTS this request. The Clerk of Court is requested to terminate the motion at Dkt. No. 70. (Signed by Judge Paul A. Engelmayer on 4/26/2019) (ap) (Entered: 04/26/2019)
4/26/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated April 26, 2019 re: Bail Modification . Document filed by Ricarda Diamond. (Cardi, Dawn) (Entered: 04/26/2019)
4/26/2019NOTICE OF ATTORNEY APPEARANCE: Lee Brett Bergstein appearing for Carl Andrews. Appearance Type: CJA Appointment. (Bergstein, Lee) (Entered: 04/26/2019)
4/22/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Andrews. Notice is hereby given that an official transcript of a Conference proceeding held on 3/25/19 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: 04/22/2019)
4/22/2019TRANSCRIPT of Proceedings as to Carl Andrews re: Conference held on 3/25/19 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/13/2019. Redacted Transcript Deadline set for 5/23/2019. Release of Transcript Restriction set for 7/22/2019. (McGuirk, Kelly) (Entered: 04/22/2019)
4/18/2019 PROTECTIVE ORDER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Paul A. Engelmayer on 4/18/19)(jw) (Entered: 04/18/2019)
4/17/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Dwayne Anthony Conley. Notice is hereby given that an official transcript of a Conference proceeding held on 3/22/19 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: 04/17/2019)
4/17/2019TRANSCRIPT of Proceedings as to Dwayne Anthony Conley re: Conference held on 3/22/19 before Judge Paul A. Engelmayer. 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 5/8/2019. Redacted Transcript Deadline set for 5/20/2019. Release of Transcript Restriction set for 7/16/2019. (McGuirk, Kelly) (Entered: 04/17/2019)
4/15/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to Justin Rivera held on 4/15/2019. Defendant present (in custody) with attorney, Susan Walsh. AUSA Daniel Wolf present. Court reporter present. See transcript. (ajs) (Entered: 04/16/2019)
4/11/2019Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Arraignment as to Justin Rivera (2) Count 1 held on 4/11/2019. Plea entered by Justin Rivera (2) Count 1 -- Not Guilty. (bw) (Entered: 04/12/2019)
4/11/2019Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Initial Appearance as to (19-Cr-131-02) Justin Rivera held on 4/11/2019. Date of Arrest: 4/11/2019, on writ. AUSA Ben Schrier. Defense Counsel Susan Walsh. 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 4/15/2019. (bw) (Entered: 04/12/2019)
4/11/2019Attorney update in case as to Justin Rivera (2). Attorney Susan J. Walsh for Justin Rivera added. (bw) (Entered: 04/12/2019)
4/11/201962CJA 23 Financial Affidavit by (19-Cr-131-02) Justin Rivera. APPROVED: (Signed by Magistrate Judge Sarah Netburn on 4/11/2019); Attorney Susan J. Walsh. (bw) (Entered: 04/12/2019)
4/11/2019Arrest of Justin Rivera (2). [*** NOTE: Refer to Disposition Sheet for Rule 9 Proceeding held on 4/11/2019. ***] (bw) (Entered: 04/12/2019)
4/10/2019 PROTECTIVE ORDER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Engelmayer on 4/10/2019) (ap) (Entered: 04/10/2019)
4/4/2019NOTICE OF ATTORNEY APPEARANCE: Emma Susanne Spiro appearing for Franklyn Francisco. Appearance Type: CJA Appointment. (Spiro, Emma) (Entered: 04/04/2019)
4/1/2019PRB Bond Entered as to Ricarda Diamond in amount of $ 50,000. 3 FRP, Travel restricted to SDNY/EDNY, Surrender travel documents (& No new applications), Pretrial supervision as directed by Pretrial services, Drug testing/treatment as directed by PTS, home detention, electronic monitoring, Deft to seek employment, Deft not to possess firearm/destructive device/other weapon, Deft to be detained until all conditions are met. The defendant is not to use social media in any form. The defendant is required to reveal any social media account and provide the pretrial services department with usernames and passwords for said accounts. The defendant shall not open any new social medial accounts. The deft shall only use the internet as permitted by the pretrial services department. The defendant is not to work as a home health aide, absent approval from the Court. The defendant shall have no contact with victims or witnesses alleged in connection with her crimes and is to have no contact with her co-defendants, except in the presence of counsel. The defendant shall reside with her sister. The pretrial services department shall conduct a home visit prior to release. (jw) (Entered: 04/10/2019)
3/28/2019MEMO ENDORSEMENT as to Ricarda Diamond (4) granting 56 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated March 28, 2019 re: Bail Modification. ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 56. (Signed by Judge Paul A. Engelmayer on 3/28/2019) (ap) (Entered: 03/28/2019)
3/28/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated March 28, 2019 re: Bail Modification . Document filed by Ricarda Diamond. (Cardi, Dawn) (Entered: 03/28/2019)
3/26/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Notice is hereby given that an official transcript of a Conference proceeding held on 3/13/19 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: 03/26/2019)
3/26/2019TRANSCRIPT of Proceedings as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau re: Conference held on 3/13/19 before Judge Paul A. Engelmayer. 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 4/16/2019. Redacted Transcript Deadline set for 4/26/2019. Release of Transcript Restriction set for 6/24/2019. (McGuirk, Kelly) (Entered: 03/26/2019)
3/25/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer: Bond Hearing as to (19-Cr-131-06) Carl Andrews held on 3/25/2019. AUSA Benjamin Schrier. Defense Counsel Alan Nelson. BAIL DISPOSITION: Detention: Risk of Flight/Danger. See Transcript. (bw) (Entered: 04/02/2019)
3/25/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Bond Hearing as to Carl Andrews held on 3/25/2019. Defendant present (in custody) with attorney, Alan Nelson. AUSAs Benjamin Schrier & Daniel Wolf present. US PTS Officer Lisa Chan present. Court reporter present. See transcript. (ajs) (Entered: 03/25/2019)
3/22/2019 LETTER by USA as to Carl Andrews addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated March 22, 2019 re: Bail Application Document filed by USA. (Schrier, Benjamin) (Entered: 03/22/2019)
3/22/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to Dwayne Anthony Conley held on 3/22/2019. Defendant present (in custody) with attorney, Lloyd Epstein. AUSA Daniel Wolf present. Court reporter present. See transcript. (ajs) (Entered: 03/22/2019)
3/20/2019NOTICE OF ATTORNEY APPEARANCE FOR COORDINATING DISCOVERY ATTORNEY. Emma Maya Greenwood appearing on behalf of Emma M. Greenwood. (Greenwood, Emma) (Entered: 03/20/2019)
3/20/2019FIRST LETTER MOTION addressed to Judge Paul A. Engelmayer from Daniel S. Parker dated March 20, 2019 re: request appointment of associate counsel . Document filed by Kari Parker. (Parker, Daniel) (Entered: 03/20/2019)
3/20/2019MEMORANDUM in Support by Carl Andrews re 49 MOTION for Bond .. (Nelson, Alan) (Entered: 03/20/2019)
3/20/2019 MOTION for Bond . Document filed by Carl Andrews. (Nelson, Alan) (Entered: 03/20/2019)
3/19/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Bond Hearing on disposition sheet as to Ricarda Diamond held on 3/19/2019. Deft present with atty Dawn Cardi. AUSA Benjamin Woodside Schrier present. $50,000 PRB, 3 FRP, Travel restricted to SDNY/EDNY, Surrender travel documents (& No new applications), Pretrial supervision as directed by pretrial services, Drug testing/treatment as directed by PTS, Home detention, Electronic monitoring, Deft to seek employment, Deft not to possess firearm/destructive device/other weapon. Deft to be detained until all conditions are met. The defendant is not to use social media in any form. The defendant is required to reveal any social media account and provide the Pretrial Services Department with usernames and passwords for said accounts. The defendant shall not open any new social media accounts. The defendant shall only use the internet as permitted by the Pretrial Services Department. The defendant is not to work as a home health aide, absent approval from the Court. The defendant shall have no contact with victims or witnesses alleged in connection with her crimes and is to have no contact with her co-defendants, except in the presence of counsel. The defendant shall reside with her sister. The pretrial services department shall conduct a home visit prior to release. (jw) (Entered: 03/20/2019)
3/19/2019ORDER APPOINTING EMMA M. GREENWOOD AS COORDINATING DISCOVERY ATTORNEY as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. (Signed by Judge Paul A. Engelmayer on 3/19/2019) (See ORDER set forth) (ap) (Entered: 03/19/2019)
3/19/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Bond Hearing as to Ricarda Diamond held on 3/19/2019. Defendant present (in custody) with attorney, Dawn Cardi. AUSAs Benjamin Schrier & Daniel Wolf present. US PTS Officer Jonathan Lettieri present. Court reporter present. See transcript. (ajs) (Entered: 03/19/2019)
3/18/2019Attorney update in case as to Dwayne Anthony Conley. Attorney Lloyd Epstein for Dwayne Anthony Conley added. (jw) (Entered: 03/19/2019)
3/18/201946CJA 23 Financial Affidavit by Dwayne Anthony Conley. (Signed by Magistrate Judge James L. Cott) Attorney Lloyd Epstein (jw) (Entered: 03/19/2019)
3/18/2019Set/Reset Hearings as to Dwayne Anthony Conley: Pretrial Conference set for 3/22/2019 at 11:00 AM before Judge Paul A. Engelmayer (jw) (Entered: 03/19/2019)
3/18/2019Minute Entry for proceedings held before Magistrate Judge James L. Cott:Arraignment on disposition sheet as to Dwayne Anthony Conley (3) Count 1 held on 3/18/2019., Plea entered by Dwayne Anthony Conley (3) Count 1 Not Guilty. Deft present with atty Lloyd Epstein. AUSA Ben Schrier and Dan Wolfe present. Deft arraigned and pleads not guilty. Next conference set before District Judge on 3/22/19 at 11am. (jw) (Entered: 03/19/2019)
3/18/2019Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance on disposition sheet as to Dwayne Anthony Conley held on 3/18/2019. Deft present with atty Lloyd Epstein. AUSA Ben Schrier and Dan Wolfe present. Detention on consent without prejudice. (jw) (Entered: 03/19/2019)
3/18/2019 LETTER by USA as to Ricarda Diamond addressed to Judge Paul A. Engelmayer from Benjamin Woodside Schrier dated March 18, 2019 re: Bail Application of Ricarda Diamond Document filed by USA. (Schrier, Benjamin) (Entered: 03/18/2019)
3/15/2019Set/Reset Hearings as to Ricarda Diamond: Bond Hearing set for 3/19/2019 at 11:00 AM before Judge Paul A. Engelmayer. (ap) (Entered: 03/15/2019)
3/15/2019MEMO ENDORSEMENT as to Ricarda Diamond (4) granting 42 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated March 15, 2019 re: Request for Bail Hearing. ENDORSEMENT: GRANTED. The Court schedules a hearing to take up the matter of bond on Tuesday, March 19, 2019 at 11:00 a.m. The Court looks forward to reviewing the Pretrial Services report prior to this hearing. The Clerk of Court is requested to terminate the motion at Dkt. No. 42. (Signed by Judge Paul A. Engelmayer on 3/15/2019) (ap) (Entered: 03/15/2019)
3/15/2019 LETTER MOTION addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated March 15, 2019 re: Request for Bail Hearing . Document filed by Ricarda Diamond. (Cardi, Dawn) (Entered: 03/15/2019)
3/13/2019SCHEDULING ORDER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. For the reasons stated on the record at today's conference, the Court hereby sets the following schedule and deadlines: The next conference in this case will take place June 3, 2019 at 10:30 a.m. in Courtroom 318 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Trial is scheduled for December 2, 2019 at 9:30 a.m. in. Time is excluded, pursuant to 18 U.S.C. § 316l(h)(7)(A), until December 2, 2019. The Court also orders that any bond appeals be made in writing and filed on ECF. At the time of any such filing, the Court requests a copy of the Pretrial Services report be e-mailed to the Court simultaneously. (Jury Trial set for 12/2/2019 at 09:30 AM before Judge Paul A. Engelmayer. Status Conference set for 6/3/2019 at 10:30 AM in Courtroom 318, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 3/13/2019) (ap) (Entered: 03/13/2019)
3/13/2019Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to Lorenzo Randall, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau held on 3/13/2019. Defendants present (in custody, Faustin on bond) with attorneys. AUSAs Ben Schrier and Dan Wolf present. Court reporter present. See transcript. (ajs) (Entered: 03/13/2019)
3/12/2019MEMO ENDORSEMENT as to Ricarda Diamond on re: 39 LETTER by Ricarda Diamond addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated March 12, 2019 re: Coverage at Conference. ENDORSEMENT: GRANTED. The Court thanks Ms. Cardi for this notification and Ms. Diamond for standing in for Ms. Cardi in her absence. (Signed by Judge Paul A. Engelmayer on 3/12/2019)(ap) (Entered: 03/12/2019)
3/12/2019 LETTER by Ricarda Diamond addressed to Judge Paul A. Engelmayer from Dawn M. Cardi dated March 12, 2019 re: Coverage at Conference (Cardi, Dawn) (Entered: 03/12/2019)
3/5/2019PRB Bond Entered as to Geraldine Faustin in amount of $ 50,000. To be cosigned by 2 FRP; Travel restricted to SDNY/EDNY; Deft must surrender travel documents and make no new applications; Pretrial supervision as directed by pretrial services; Deft to submit to urinalysis, if positive, add conditions of drug testing/treatment; Home detention; Electronic monitoring; Deft to continue or seek employment; Deft not to possess firearm/destructive devices/other weapons; Deft to be detained until all conditions are met; Deft to have no contact with victims or witnesses of the alleged crime and no contact with co-defendants outside the presence of counsel; Deft to reside with her mother. Advice of Penalties and Sanctions. (jw) (Entered: 03/05/2019)
3/4/2019NOTICE OF ATTORNEY APPEARANCE: James E Neuman appearing for Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Appearance Type: CJA Appointment. (Neuman, James) (Entered: 03/04/2019)
3/4/2019NOTICE OF ATTORNEY APPEARANCE: Daniel Steven Parker appearing for Kari Parker. Appearance Type: CJA Appointment. (Parker, Daniel) (Entered: 03/04/2019)
3/1/2019NOTICE OF ATTORNEY APPEARANCE: Cesar De Castro appearing for Magen Moreau. Appearance Type: CJA Appointment. (De Castro, Cesar) (Entered: 03/01/2019)
3/1/2019NOTICE OF ATTORNEY APPEARANCE: Valerie Alice Gotlib appearing for Anthony Darby. Appearance Type: CJA Appointment. (Gotlib, Valerie) (Entered: 03/01/2019)
3/1/2019NOTICE OF ATTORNEY APPEARANCE: Alan Mitchel Nelson appearing for Carl Andrews. Appearance Type: CJA Appointment. (Nelson, Alan) (Entered: 03/01/2019)
2/28/2019SCHEDULING ORDER as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau., As to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. It is hereby ORDERED that a conference in this matter is scheduled for March 13, 2019, at 10:30 a.m. in Courtroom 506 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The Court requests that the Government inform all defense counsel of the date, time, and location of this hearing. To the extent any party intends to challenge a bail determination, the Court will take these up in individual proceedings, not at the March 13 hearing. Any party intending to so move shall file an application for relief on the docket of this case, and furnish the Court with the defendant's Pretrial Services report and the transcript (if any) of the original bail hearing and determination. (Status Conference set for 3/13/2019 at 10:30 AM in Courtroom 506, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 2/28/2019) (ap) (Entered: 02/28/2019)
2/27/2019Attorney update in case as to Brian Smith. Attorney Margaret M. Shalley for Brian Smith added. (jw) (Entered: 03/06/2019)
2/27/201938CJA 23 Financial Affidavit by Brian Smith. (Signed by Magistrate Judge Ona T. Wang) Attorney Margaret Shalley (jw) (Entered: 03/06/2019)
2/27/2019Attorney update in case as to Lorenzo Randall. Attorney James E Neuman for Lorenzo Randall added. (jw) (Entered: 03/06/2019)
2/27/201937CJA 23 Financial Affidavit by Lorenzo Randall. (Signed by Magistrate Judge Ona T. Wang) Attorney James Neuman (jw) (Entered: 03/06/2019)
2/27/201936CJA 23 Financial Affidavit by Anthony Darby. (Signed by Magistrate Judge Ona T. Wang) Attorney Valerie Gotlib (jw) (Entered: 03/06/2019)
2/27/2019Attorney update in case as to Carl Andrews. Attorney Alan Mitchel Nelson for Carl Andrews added. (jw) (Entered: 03/06/2019)
2/27/201935CJA 23 Financial Affidavit by Carl Andrews. (Signed by Magistrate Judge Ona T. Wang) Attorney Alan Nelson (jw) (Entered: 03/06/2019)
2/27/2019Attorney update in case as to Magen Moreau. Attorney Cesar De Castro for Magen Moreau added. (jw) (Entered: 03/06/2019)
2/27/201934CJA 23 Financial Affidavit by Magen Moreau. (Signed by Magistrate Judge Ona T. Wang) Attorney Cesar de Castro (jw) (Entered: 03/06/2019)
2/27/2019Attorney update in case as to Franklyn Francisco. Attorney Michael Tremonte for Franklyn Francisco added. (jw) (Entered: 03/06/2019)
2/27/201933CJA 23 Financial Affidavit by Franklyn Francisco. (Signed by Magistrate Judge Ona T. Wang) Attorney Michael Tremonte (jw) (Entered: 03/06/2019)
2/27/2019Attorney update in case as to Kari Parker. Attorney Daniel Steven Parker for Kari Parker added. (jw) (Entered: 03/06/2019)
2/27/201932CJA 23 Financial Affidavit by Kari Parker. (Signed by Magistrate Judge Ona T. Wang) Attorney Daniel S. Parker (jw) (Entered: 03/06/2019)
2/27/2019Attorney update in case as to Geraldine Faustin. Attorney John Francis Kaley for Geraldine Faustin added. (jw) (Entered: 03/06/2019)
2/27/201931CJA 23 Financial Affidavit by Geraldine Faustin. (Signed by Magistrate Judge Ona T. Wang) Attorney John Kaley (jw) (Entered: 03/06/2019)
2/27/2019Attorney update in case as to Ricarda Diamond. Attorney Dawn Marcella Cardi for Ricarda Diamond added. (jw) (Entered: 03/06/2019)
2/27/201930CJA 23 Financial Affidavit by Ricarda Diamond. (Signed by Magistrate Judge Ona T. Wang) Attorney Dawn Cardi (jw) (Entered: 03/06/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Arraignment on disposition sheet as to Geraldine Faustin (7) Count 2 held on 2/27/2019., Plea entered by Geraldine Faustin (7) Count 2 Not Guilty. Deft present with atty John Kaley. AUSA Daniel Wolf and Ben Schrier present. Speedy trial time excluded under 18 USC 3161(h)(7) until 3/29/19. (jw) (Entered: 03/06/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Initial Appearance on disposition sheet as to Geraldine Faustin held on 2/27/2019. Deft present with atty John Kaley. AUSA Daniel Wolf and Ben Schrier present. $50,000 PRB, 2 FRP, Travel restricted to SDNY/EDNY; Surrender travel documents (& No new applications), Pretrial supervision as directed by Pretrial Services, Deft to submit to urinalysis; if positive, add condition of Drug Testing/Treatment, Deft to continue or seek employment, Deft not to possess firearm/destructive device/other weapon, Deft to be detained until all conditions are met. Deft to have no contact with victims or witnesses of the alleged crime and no contact with co-defendants outside the presence of counsel. Deft to reside with her mother. Control date 3/29/19. (jw) . (Entered: 03/06/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Arraignment on disposition sheet as to Kari Parker (10) Count 8-9,12 held on 2/27/2019., Plea entered by Kari Parker (10) Count 8-9,12 Not Guilty. Deft arraigned and pleads not guilty. Speedy trial time excluded under 18 USC 3161(h)(7) until 3/29/19. (jw) (Entered: 03/05/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Initial Appearance on disposition sheet as to Kari Parker held on 2/27/2019. Deft present with atty Daniel Parker. AUSA Daniel Wolf and Ben Schrier present. (jw) (Entered: 03/05/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Initial Appearance on disposition sheet as to Ricarda Diamond held on 2/27/2019. Deft present with atty Dawn Cardi. AUSA Daniel Wolf and Ben Schrier present. Detention on consent without prejudice. (jw) (Entered: 03/05/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Arraignment on disposition sheet as to Magen Moreau (11) Count 11 held on 2/27/2019., Plea entered by Magen Moreau (11) Count 11 Not Guilty. (jw) (Entered: 03/05/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Initial Appearance on Disposition sheet as to Magen Moreau held on 2/27/2019. Deft present with atty Cesar DeCastro. AUSA Daniel Wolf and Ben Schrier present. Detention on consent without prejudice. (jw) (Entered: 03/05/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Initial Appearance on disposition sheet as to Brian Smith held on 2/27/2019. Deft present with atty Margaret Shalley. AUSA Daniel Wolf and Ben Schrier present. Detention on consent without prejudice. Speedy trial time excluded under 18 USC 3161(h)(7) until 3/29/19 (jw) (Entered: 03/05/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Arraignment on disposition sheet as to Franklyn Francisco (8) Count 2 held on 2/27/2019., Plea entered by Franklyn Francisco (8) Count 2 Not Guilty. Deft present with atty Michael Tremonte. AUSA Daniel Wolf and Ben Schrier present. Deft arraigned and pleads not guilty. Speedy trial time excluded under 18 USC 3161(h)(7) until 3/29/19. (jw) (Entered: 03/05/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Initial Appearance on disposition sheet as to Franklyn Francisco held on 2/27/2019. Deft present with atty Michael Tremonte. AUSA Daniel Wolf and Ben Schrier present. Detention on consent without prejudice. (jw) (Entered: 03/05/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Arraignment on disposition sheet as to Lorenzo Randall (1) Count 1-2,3-6,13-14,15 held on 2/27/2019., Plea entered by Lorenzo Randall (1) Count 1-2,3-6,13-14,15 Not Guilty. Deft present with atty James Neuman. AUSA Daniel Wolf and Ben Schrier present. Deft arraigned and pleads not guilty. (jw) (Entered: 03/05/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Initial Appearance on disposition sheet as to Lorenzo Randall held on 2/27/2019. Deft present with atty James Neuman. AUSA Daniel Wold and Ben Schrier present. Detention on consent without prejudice. (jw) (Entered: 03/05/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Arraignment on disposition sheet as to Anthony Darby (9) Count 8-9,11-12 held on 2/27/2019., Plea entered by Anthony Darby (9) Count 8-9,11-12 Not Guilty. Deft present with atty Valerie Gotlib. AUSA Daniel Wolf and Ben Schrier present. Deft arraigned and pleads not guilty. (jw) (Entered: 03/05/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Initial Appearance on disposition sheet as to Anthony Darby held on 2/27/2019. Deft present with atty Valerie Gotlib. AUSA Daniel Wolf and Ben Schrier present. Detention on consent without prejudice. (jw) (Entered: 03/05/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Arraignment on disposition sheet as to Carl Andrews (6) Count 2,7,14 held on 2/27/2019., Plea entered by Carl Andrews (6) Count 2,7,14 Not Guilty. Deft present with atty Alan Nelson. AUSA Daniel Wolf and Ben Schrier present. Deft arraigned and pleads not guilty. (jw) (Entered: 03/05/2019)
2/27/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Initial Appearance on disposition sheet as to Carl Andrews held on 2/27/2019. Deft present with atty Alan Nelson. AUSA Daniel Wolf and Ben Schrier present. Detention on consent without prejudice. (jw) (Entered: 03/05/2019)
2/27/2019Attorney update in case as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. Attorney Daniel Harris Wolf,Benjamin Woodside Schrier for USA added. (jm) (Entered: 02/27/2019)
2/27/2019Case as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau ASSIGNED to Judge Paul A. Engelmayer. (jm) (Entered: 02/27/2019)
2/27/2019Case Designated ECF as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. (jm) (Entered: 02/27/2019)
2/27/2019INDICTMENT UNSEALED as to Lorenzo Randall, Justin Rivera, Dwayne Anthony Conley, Ricarda Diamond, Brian Smith, Carl Andrews, Geraldine Faustin, Franklyn Francisco, Anthony Darby, Kari Parker, Magen Moreau. (jm) (Entered: 02/27/2019)
2/27/2019Order to Unseal Information as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4, Sealed Defendant 5, Sealed Defendant 6, Sealed Defendant 7, Sealed Defendant 8, Sealed Defendant 9, Sealed Defendant 10, Sealed Defendant 11. (Signed by Magistrate Judge Ona T. Wang on 2/27/19)(jm) (Entered: 02/27/2019)
2/26/2019SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1-2, 3-6, 13-14, 15, Sealed Defendant 2 (2) count(s) 1, Sealed Defendant 3 (3) count(s) 1, Sealed Defendant 4 (4) count(s) 1, 10, Sealed Defendant 5 (5) count(s) 1, Sealed Defendant 6 (6) count(s) 2, 7, 14, Sealed Defendant 7 (7) count(s) 2, Sealed Defendant 8 (8) count(s) 2, Sealed Defendant 9 (9) count(s) 8-9, 11-12, Sealed Defendant 10 (10) count(s) 8-9, 12, Sealed Defendant 11 (11) count(s) 11. (jm) (Entered: 02/27/2019)
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