USA v. Watson

1:19-cr-00212 | New York Southern District Court

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Division Foley Square
Judge Judge Valerie E. Caproni
Filed March 25, 2019
Terminated Nov. 10, 2020
Case Flags CLOSED and ECF
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Filing Date # Docket Text
3/4/2025~Util - Terminate Motions, Memo Endorsement
3/3/2025Letter
1/21/2025Remark
12/27/2024Remark
6/20/2024Endorsed Letter
3/26/2024 ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2) as to Albert McDuffie (5), Count(s) 1. Date of Original Judgment: 10/06/2020. Date of Previous Amended Judgment: 05/12/2022. Upon motion of the defendant under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u ), and having considered such motion, and taking into account the policy statement set forth at USSG §1B1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable, IT IS ORDERED that the motion is: DENIED. Except as otherwise provided, all provisions of the judgment dated 05/12/2022 shall remain in effect. IT IS SO ORDERED. Order Date: 03/26/2024. (Signed by Judge Valerie E. Caproni on 3/26/2024) (bw)
3/26/2024 ORDER as to (19-Cr-212-5) Albert McDuffie. WHEREAS on May 12, 2022, Mr. McDuffie was sentenced principally to a term of imprisonment of ninety months,(See Footnote 1 on this Order) see J., Dkt. 250; WHEREAS on February 27, 2024, Defendant filed a mo tion requesting that the Court consider a sentence reduction pursuant to Amendment 821 to the U.S. Sentencing Guidelines ("Amendment 821"), see Mot., Dkt. 343, which went into effect on November 1, 2023, and which applies retroactively; see U.S.S.G. §§ 1B1.10, 4A1.1(e), 4C1.1; WHEREAS on March 14, 2024, the United States Probation Department reported that Defendant is not eligible for a sentence reduction, see Probation Report, Dkt. 345; and WHEREAS the Court has considered t he record in this case. IT IS HEREBY ORDERED that the motion is DENIED. The Court finds that the Defendant is ineligible for a sentence reduction pursuant to Amendment 821 because he did not receive an enhancement for committing the instant offenses while under a criminal justice sentence --- precluding him from the status points reduction --- and he possessed firearms in connection with the offense --- precluding him from the zero-point offender reduction, see Probation Rep., Dkt. 345. IT IS FU RTHER ORDERED that the Clerk of Court is respectfully directed to close the open motion at Dkt. 287 and to mail a copy of this Order to Albert McDuffie, Reg. No. 86768-054, FCI Fort Dix, 5756 Hartford & Pointville Road, Joint Base MDL, NJ 08640, and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/26/2024)(bw)
11/30/2023342SEALED DOCUMENT placed in vault. (nmo) (Entered: 11/30/2023)
6/12/2023MANDATE of USCA (Certified Copy) as to Perry Wells re: 307 Notice of Appeal. USCA Case Number 21-2962. Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/12/2023. [This document also entered in case: 21-cv-9753].(nd) (Entered: 06/12/2023)
6/2/2023AMENDED JUDGMENT IN A CRIMINAL CASE as to Perry Wells (2). Date of Original Judgment: 2/11/2020. SPECIAL CONDITIONS OF SUPERVISION: *Defendant must participate in a program approved by the Probation Officer for domestic violence. (Signed by Judge Valerie E. Caproni on 5/26/2023) (ap) (Entered: 06/02/2023)
5/17/2023MANDATE of USCA (Certified Copy) as to Perry Wells re: 164 Notice of Appeal. USCA Case Number 20-715.Bradley L. Henry, counsel for Appellant, moves for permission to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 (1967), and the Government moves to dismiss the appeal based on a waiver of appellate rights contained in Appellant's plea agreement and alternatively, moves for summary affirmance. Upon due consideration, it is hereby ORDERED that the Anders motion is GRANTED and counsel Henry is permitted to withdraw. The Government's motion to dismiss the appeal of Appellant's sentence as barred by the appeal waiver is GRANTED as to the custodial sentence and term of supervised release. Further, the Government's motion for summary affirmance as to the conviction and remaining components of Appellants sentence is GRANTED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/17/2023. (nd) (Entered: 05/17/2023)
3/23/2023ORDER as to Silvestre Mahon: Mr. Mahon's motion for a sentence reduction is DENIED. Mr. Mahon's motion for default judgment against the Government is DENIED, as default judgment is unavailable on a motion for compassionate release. The Clerk of Court is respectfully directed to terminate the open motions at docket entries 326 and 334. The Clerk is further directed to mail a copy of this order to Silvestre Mahon, Reg. 86767-054, FCI Butner Medium I, Federal Correctional Institution, Satellite Camp, P.O. Box 1000, Butner, NC 27509, and to note the mailing on the docket. (Signed by Judge Valerie E. Caproni on 3/23/2023) (See ORDER set forth) (Copy mailed to Defendant at: Silvestre Mahon, Reg. 86767-054, FCI Butner Medium I, Federal Correctional Institution, Satellite Camp, P.O. Box 1000, Butner, NC 27509) (ap) Modified on 3/23/2023 (ap). (Entered: 03/23/2023)
3/21/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Silvestre Mahon. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/1/2020 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: 03/21/2023)
3/21/2023TRANSCRIPT of Proceedings as to Silvestre Mahon re: Sentence held on 10/1/2020 before Judge Valerie E. Caproni. 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 4/11/2023. Redacted Transcript Deadline set for 4/21/2023. Release of Transcript Restriction set for 6/20/2023. (McGuirk, Kelly) (Entered: 03/21/2023)
1/27/2023LETTER by (19-Cr-212-6) Silvestre Mahon dated 01/17/2023/January 18, 2023 re: USA v. MAHON RESPONSE. (bw) (Entered: 01/30/2023)
1/18/2023SILVESTRE MAHON'S MOTION TO ENTER DEFAULT JUDGMENT AGAINST RESPONDENT; THE UNITED STATESOF AMERICA, GRANTING DEFAULT JUDGMENT FOR COMPASSIONATE RELEASE/REDUCTION IN SENTENCEFOR FAILURE TO RESPOND ACCORDING TO COURT ORDER WITH THE DATE OF DECEMBER 30, 2022. Document filed by Silvestre Mahon. (ap) (Entered: 01/18/2023)
1/3/2023Certificate of Service of 332 Memorandum in Opposition to Motion by USA as to Silvestre Mahon. Document was served on S. Mahon on 1/3/2023. Service was made by Certified Mail. (Pellegrino, Louis) (Entered: 01/03/2023)
12/23/2022MEMORANDUM in Opposition by USA as to Silvestre Mahon re 326 MOTION For Compassionate Release 3582(c)(1)(A).. (Pellegrino, Louis) (Entered: 12/23/2022)
12/16/2022MEMO ENDORSEMENT as to Silvestre Mahon on re: 330 LETTER by USA as to Silvestre Mahon addressed to Judge Valerie E. Caproni from L. Pellegrino dated 12/15/2022 re: compassionate release. ENDORSEMENT: Application GRANTED. The Government must serve a copy of its response on the Defendant and file proof of service on the docket by no later than December 30, 2022. Mr. Mahon's reply deadline is extended until February 10, 2023. The Clerk of Court is respectfully directed to mail a copy of this order to Silvestre Mahon, Reg. No. 86767-054, FCI BUTNER MEDIUM I, FEDERAL CORRECTIONAL INSTITUTION, P.O. BOX 10000, BUTNER, NC 27509, and to note mailing on the docket. (Responses due by 12/30/2022. Replies due by 2/10/2023) (Signed by Judge Valerie E. Caproni on 12/16/2022) (Copy mailed to Defendant at: Silvestre Mahon, Reg. No. 86767-054,FCI BUTNER MEDIUM I,FEDERAL CORRECTIONALINSTITUTION, P.O. BOX 10000,BUTNER, NC 27509) (ap) (Entered: 12/16/2022)
12/15/2022 LETTER by USA as to Silvestre Mahon addressed to Judge Valerie E. Caproni from L. Pellegrino dated 12/15/2022 re: compassionate release Document filed by USA. (Pellegrino, Louis) (Entered: 12/15/2022)
10/25/2022 LETTER by Silvestre Mahon addressed to Judge Valerie E. Caproni from Shaun Baker re: Mr. Baker writes in support of defendant. (lnl) (Entered: 10/26/2022)
10/11/2022328SEALED DOCUMENT placed in vault. (nmo) (Entered: 10/11/2022)
10/5/2022ORDER as to Silvestre Mahon. IT IS HEREBY ORDERED that Mr. Mahon must submit any exhibits that he would like the Court to consider by no later than Thursday, November 10, 2022. IT IS FURTHER ORDERED that the Government must respond to Mr. Mahon's motion and file the last two years of Mr. Mahons medical records as well as his full prison disciplinary and education records by no later than Thursday, December 15, 2022. The medical records must be filed under seal; the other records must be filed on ECF. In its response, the Government must inform the Court whether Mr. Mahon has been vaccinated against COVID-19, including whether he has received a booster shot. IT IS FURTHER ORDERED that the Government must serve a copy of its response papers on Mr. Mahon at the address listed below. The Government must file proof of such service on the docket by no later than Thursday, December 22, 2022. IT IS FURTHER ORDERED that Mr. Mahons reply in support of his motion for compassionate release is due no later than Friday, January 27, 2023. If Mr. Mahon is not fully vaccinated against COVID-19, he should include an explanation for that decision in his reply brief. The Clerk of Court is respectfully directed to mail a copy of this order to Silvestre Mahon, Reg. No. 86767-054, FCI BUTNER MEDIUM I, FEDERAL CORRECTIONAL INSTITUTION, P.O. BOX 10000, BUTNER, NC 27509, and to note mailing on the docket (Defendant Replies due by 1/27/2023., Government Responses due by 12/15/2022) [**The Clerk will mail this Order to defendant Silvestre Mahon to the address listed above**] (Signed by Judge Valerie E. Caproni on 10/5/22)(jw) (Entered: 10/05/2022)
10/5/2022 MOTION For Compassionate Release 3582(c)(1)(A) Document filed by Silvestre Mahon. Exhibits are not attached (jw) (Entered: 10/05/2022)
6/28/2022 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Albert McDuffie. (rdz)
Civil case 1:22-cv-05503 opened. (Entered: 06/28/2022)
6/28/2022ORDER as to Albert McDuffie: With no prejudice and no constitutional arguments to support his claim for relief, Mr. McDuffies petition for habeas corpus must be denied. IT IS FURTHER ORDERED that the Court declines to issue a certificate of appealability. Petitioner has not made a substantial showing of a denial of a federal right pursuant to 28 U.S.C. § 2253(c), and appellate review is therefore not warranted. See Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). IT IS FURTHER ORDERED that the Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). IT IS FURTHER ORDERED that the Clerk of Court is directed to open a parallel civil case for Mr. McDuffies habeas petition. The letter at 19-CR-212, Dkt. 321, should be docketed as docket entry 1, the endorsement at 19-CR-212, Dkt. 322, should be docketed as docket entry 2, and this Order should be docketed as docket entry 3 in the new civil case. The Clerk is further directed to close the newly opened civil case. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to terminate the open motion at docket entry 321. The Clerk is further directed to mail a copy of this Order to Albert McDuffie, Reg. No. 86768-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640, and to note the mailing on the docket. (Signed by Judge Valerie E. Caproni on 6/28/2022) (See ORDER set forth) (Copy mailed to Defendant at: Albert McDuffie, Reg. No. 86768-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box2000, Joint Base MDL, NJ 08640) (ap) (Entered: 06/28/2022)
5/12/2022Mailed a copy of 323 Amended Judgment as to Albert McDuffie, Reg. No. 86768-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640, by USPS. (anc) (Entered: 05/13/2022)
5/12/2022AMENDED JUDGMENT IN A CRIMINAL CASE as to Albert McDuffie (5). (Signed by Judge Valerie E. Caproni on 5/11/2022) (See AMENDED JUDGMENT as set forth) (lnl) (Entered: 05/12/2022)
5/11/2022MEMO ENDORSEMENT as to Albert McDuffie on 321 MOTION To Correct a Clerical Error in a Judgment Pursuant to Rule 36. ENDORSEMENT: Mr. McDuffie is correct that the Court made a clerical error by omitting 21 U.S.C. § 841(b) (1)(B) from the Judgment entered on October 6, 2020. See Judgment, Dkt. 250. Both the conspiracy offense and the penalty statute are listed in several other documents including the Presentence Report and the Plea Agreement. See also Plea Tr., Dkt. 144 at 8 (laying out the offense and its elements). Rule 36 of the Federal Rules of Criminal Procedure "authorizes a court to correct only clerical errors in the transcription of judgments...." See Cherry v. United States, 489 F. Supp. 2d 372, 373 (S.D.N.Y. 2007) (quoting United States v. Burd, 86 F.3d 285, 288 (2d Cir.1996)). The omission of 21 U.S.C. § 841(b)(1)(B) from the Judgment is clearly such a clerical error. Accordingly, the Court will enter a corrected Judgment, adding 21 U.S.C. § 841(b)(1)(B) next to 21 U.S.C. § 846. Mr. McDuffie further argues that the clerical error makes the judgment unconstitutional and void and that as a result, he should be released from custody. Because of the nature of the relief sought, the Court should consider this portion of Mr. McDuffie's request as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. But pursuant to Adams v. United States, 155 F.3d 582 (2d Cir. 1998), "district courts should not recharacterize a motion purportedly made under some other rule as a motion made under § 2255 unless (a) the movant, with knowledge of the potential adverse consequences of such recharacterization, agrees to have the motion so recharacterized, or (b) the court finds that, notwithstanding its designation, the motion should be considered as made under § 2255 because of the nature of the relief sought, and offers the movant the opportunity to withdraw the motion rather than have it so recharacterized." See Adams, 155 F.3d at 584. Additionally, the United States Supreme Court held that: [i]n such circumstances the district court must notify the pro se litigant that it intends to recharacterize the pleading, warn the litigant that this recharacterization means that any subsequent § 2255 motion will be subject to the restrictions on "second or successive" motions, and provide the litigant an opportunity to withdraw the motion or to amend it so that it contains all the § 2255 claims he believes he has. If the court fails to do so, the motion cannot be considered to have become a § 2255 motion for purposes of applying to later motions the law's "second or successive" restrictions. See Castro v. United States, 540 U.S. 375, 383 (2003). The Court encourages Mr. McDuffie to withdraw this portion of his motion so that, if he would like, he can file one habeas corpus petition, pursuant to 18 U.S.C. § 2255, that includes and develops all of his claims. Mr. McDuffie may want to take advantage of the S.D.N.Y. form that pro se (unrepresented) litigants may use to file such petitions. That form is available at: https://www.nysd.uscourts.gov/node/839 By no later than Friday, June 10, 2022, Mr. McDuffie must inform the Court whether he is withdrawing the portion of his motion making constitutional arguments or whether he would like the Court to construe it as a petition for a writ of habeas corpus filed pursuant to 18 U.S.C. § 2255. If Mr. McDuffie elects for the Court to construe this letter as a petition for a writ of habeas corpus, or if Mr. McDuffie does not respond by the deadline, then the Court will consider it on the merits. The Clerk of Court is respectfully directed to mail a copy of this Order to Albert McDuffie, Reg. No. 86768-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640, and to note the mailing on the docket. (Signed by Judge Valerie E. Caproni on 5/11/2022) (A copy of this ENDORSEMENT was mailed by the clerk's Office on 5/11/2022 to Albert McDuffie, Reg. No. 86768-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640) (lnl) (Entered: 05/11/2022)
5/10/2022 MOTION To Correct a Clerical Error in a Judgment Pursuant to Rule 36 Document filed by Albert McDuffie. (jw) (Entered: 05/10/2022)
4/15/2022 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Perry Wells. (sac)
Civil case 1:22-cv-03124 opened. (Entered: 04/15/2022)
4/15/2022ORDER as to Perry Wells. IT IS FURTHER ORDERED that the Court declines to issue a certificate of appealability. Petitioner has not made a substantial showing of a denial of a federal right pursuant to 28 U.S.C. § 2253(c), and appellate review is therefore not warranted. IT IS FURTHER ORDERED that the Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. IT IS FURTHER ORDERED that the Clerk of Court is directed to open a parallel civil case for Mr. Wells habeas petition. The letter at 19-CR-212, Dkt. 312, should be docketed as docket entry 1, the endorsement at 19-CR-212, Dkt. 314, should be docketed as docket entry 2, and this Order should be docketed as docket entry 3 in the new civil case. The Clerk is further directed to close the newly opened civil case. The Clerk of Court is respectfully directed to mail a copy of this Order to Perry J. Wells, Reg. No. 86769-054, USP Lewisburg, U.S. Penitentiary, P.O. Box 1000, Lewisburg, PA 17837, and to note the mailing on the docket. [**The Clerk will mail this Order to defendant Perry Wells at the address listed above and also forwarded this Order to Docket Services on 4/15/2022**] (Signed by Judge Valerie E. Caproni on 4/14/22)(jw) (Entered: 04/15/2022)
3/25/2022TRANSFER OUT SUPERVISED RELEASE DOCUMENTS SENT as to (19-Cr-212-4) Karl Duncan to the U.S.D.C. - District of Connecticut. Certified copies of the following documents were mailed: 1) Transfer of Jurisdiction Form [doc.#318], 2) Judgment [doc.#166], 3) Indictment [doc.#2], 4) Docket Sheet; and letter of acknowledgment. Mailed via U.S. Postal Service, Certified Mail # 7019-1120-0000-8894-9540 on March 25, 2022. (bw) (Entered: 03/25/2022)
3/25/2022Supervised Release Jurisdiction Transferred Out to the U.S.D.C. District of Connecticut as to (19-Cr-212-4) Karl Duncan. [*** NOTE: This Prob 22 Form signed by Judge Valerie E. Caproni on March 3, 2022; Signed by Receiving Court Judge on 3/24/2022. ***] (bw) (Entered: 03/25/2022)
3/14/2022ORDER as to Perry Wells: IT IS HEREBY ORDERED that Mr. Wells' habeas petition is DISMISSED for failure to pay the filing fee or submit a signed application requesting authorization to proceed in forma pauperis. IT IS FURTHER ORDERED that the Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Petitioner and to note the mailing on the docket. The Clerk is further directed to close the case 22-CV-233. (Signed by Judge Valerie E. Caproni on 3/14/2022) (See ORDER set forth) (Copy mailed to Defendant at: Perry Wells, Reg. No. 86769-054, FCI Fort Dix, FEDERAL CORRECTIONAL INSTITUTION, P.O. BOX 2000, JOINT BASE MDL, NJ 08640) (ap) (Entered: 03/15/2022)
3/3/2022UNSIGNED TRANSFER OF JURISDICTION as to Karl Duncan. Petitioning the Court: Unsigned Transfer of Jurisdiction to the District of Connecticut [**No documents were mailed out to the District of Connecticut**] (Signed by Judge Valerie E. Caproni on 3/3/22)(jw) (Entered: 03/04/2022)
2/11/2022MANDATE of USCA (Certified Copy) as to Perry Wells re: 307 Notice of Appeal. USCA Case Number 21-2962. Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/11/2022. [This document also entered in case: 21-cv-9753].(nd) (Entered: 02/11/2022)
1/20/2022First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files as to Perry Wells re: 314 Memo Endorsement, 312 Letter, 309 Memo Endorsement, 313 Order, 311 Order, 310 Letter, 308 Letter USCA Case Number 21-2962; 21-2965, were transmitted to the U.S. Court of Appeals. (tp) (Entered: 01/20/2022)
1/19/2022MEMO ENDORSEMENT as to Perry Wells on re: 312 Letter filed by Perry Wells...ENDORSEMENT...Mr. Wells' letter is self-styled as a motion and not as a petition or complaint. Mr. Wells references Rule 12(a) (1)(A)(i), which does not exist in the Federal Rules of Criminal Procedure. That Rule is a provision in the Federal Rules of Civil Procedure, which does not apply to this criminal case. The Court speculates that Mr. Wells is making his motion pursuant to Rule 12(b) of the Federal Rules of Criminal Procedure, which states that "[a] motion that the court lacks jurisdiction may be made at any time while the case is pending." See Fed. R. Crim. P. 12(b)(2). Mr. Wells pled guilty and has been convicted by this Court, see Judgment & Conviction, Dkt. 157, and so his case is no longer pending before this Court. See also Rice v. United States, 132 F. Supp. 2d 162, 163 (S.D.N.Y. 2001).But even if the Court could consider Mr. Wells' motion as properly filed pursuant to Rule 12(b)(2) of the Federal Rules of Criminal Procedure, the Court would deny the motion on the merits. Mr. Wells' jurisdictional argument pertains to venue. Mr. Wells is correct that at his change of plea hearing, he explained that his conduct only occurred in Queens, New York, which, as he points out in this letter, falls under the purview of the Eastern District of New York. See Hearing Tr., Dkt. 125 at 16. Following that exchange, the Court asked the Government about venue. The Prosecutor, AUSA Pellegrino, replied: "The government would proffer that other individuals in the conspiracy traveled through the Southern District of New York to obtain crack cocaine and, in addition, there were crack cocaine sales in the Bronx that were reasonably foreseeable to the defendant." See id. at 17.Mr. Wells was convicted of one count of conspiracy to distribute and possess with intent to distribute cocaine base. Judgment & Conviction, Dkt. 157. "In cases where the commission of the crime spans several districts, Congress has instructed that venue properly lies in 'any district in which [the] offense began, continued, or was completed.'" Hussein v. United States, No. 13-CR-0476, 2019 WL 6330472, at *2 (S.D.N.Y. June 12, 2019) (citing 18 U.S.C. § 3237(a)). "Further, the Court of Appeals has held that venue may lie in any district where a conspiracy was formed or in any district where a conspirator committed an overt act in furtherance of the criminal scheme." Id. (citing United States v. Geibel, 369 F.3d 682, 696 (2d Cir. 2004)). Accordingly, the Government's proffer that other members of the conspiracy committed overt acts, including sales of crack cocaine, in the Southern District of New York is sufficient to show that venue was proper.Mr. Wells' letter also references other issues that could be construed as a petition for habeas corpus pursuant to 18 U.S.C. § 2255, including a possible claim of ineffective assistance of counsel. But Mr. Wells is clear that he does not want the Court to construe this motion as such a petition. He refers to a "Miller Notice," which the Court understands as a reference to United States v. Miller, 197 F.3d 644 (3d Cir. 1999). That case is from the Third Circuit. This Court falls under the Second Circuit, and accordingly, the Miller decision is not binding here. But the Second Circuit has published a decision with a similar holding, Adams v. United States, 155 F.3d 582 (2d Cir. 1998). Under Adams, "district courts should not recharacterize a motion purportedly made under some other rule as a motion made under § 2255 unless (a) the movant, with knowledge of the potential adverse consequences of such recharacterization, agrees to have the motion so recharacterized, or (b) the court finds that, notwithstanding its designation, the motion should be considered as made under § 2255 because of the nature of the relief sought, and offers the movant the opportunity to withdraw the motion rather than have it so recharacterized." See Adams, 155 F.3d at 584. Additionally, the United States Supreme Court held that[i]n such circumstances the district court must notify the pro se litigant that it intends to recharacterize the pleading, warn the litigant that this recharacterization means that any subsequent § 2255 motion will be subject to the restrictions on "second or successive" motions, and provide the litigant an opportunity to withdraw the motion or to amend it so that it contains all the § 2255 claims he believes he has. If the court fails to do so, the motion cannot be considered to have become a § 2255 motion for purposes of applying to later motions the law's "second or successive" restrictions.See Castro v. United States, 540 U.S. 375, 383 (2003).The Court finds that Mr. Wells motion should be considered as one made under 18 U.S.C. § 2255 because of the nature of the relief sought. Accordingly, under Adams v. United States, 155 F.3d 582 (2d Cir. 1998) and Castro v. United States, 540 U.S. 375 (2003), and the Court is offering Mr. Wells the opportunity to withdraw his motion.The Court encourages Mr. Wells to withdraw this motion so that, if he would like, he can file one habeas corpus petition, pursuant to 18 U.S.C. § 2255, that includes and develops all of his claims. Mr. Wells may want to take advantage of the S.D.N.Y. form that pro se (unrepresented) litigants may use to file such petitions. That form is available at: https://www.nysd.uscourts.gov/node/839By no later than Friday, February 25, 2022, Mr. Wells must inform the Court whether he is withdrawing this motion or whether he would like the Court to construe it as a petition for a writ of habeas corpus filed pursuant to 18 U.S.C. § 2255. If Mr. Wells elects for the Court to construe this letter as a petition for a writ of habeas corpus, then the Court will consider it on the merits. The Clerk of Court is respectfully directed to mail a copy of this Order to Perry J. Wells, Reg. No. 86769-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640, and to note the mailing on the docket [**The Clerk mailed this Endorsement to defendant Perry Wells on 1/20/2022 to the address listed above**] (Signed by Judge Valerie E. Caproni on 1/19/22)(jw) (Entered: 01/20/2022)
1/19/2022ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION as to Perry Wells. Petitioner, who is proceeding pro se, brings this petition for a writ of habeas corpus. To proceed with a petition for a writ of habeas corpus in this Court, a petitioner must either pay the $5.00 filing fee or, submit a signed IFP application to request authorization to proceed in forma pauperis (IFP), that is, without prepayment of fees. See 28 U.S.C. §§ 1914, 1915. Petitioner submitted the petition without the filing fee or an IFP application. Within thirty days of the date of this order, Petitioner must either pay the $5.00 filing fee or complete and submit the attached IFP application. If Petitioner submits the IFP application, it should be labeled with docket number 22-CV-0233 (VEC). If the Court grants the IFP application, Petitioner will be permitted to proceed without prepayment of fees. No answer shall be required at this time. If Petitioner complies with this order, the case shall be processed in accordance with the procedures of the Clerk's Office. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. The Clerk of Court is directed to mail a copy of this order and the enclosed form to Petitioner and to note service on the docket. [**The Clerk mailed this Order Directing Payment of Fee or IFP Application to Petitioner Perry Wells at address: Register #86769-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640**] (Signed by Judge Valerie E. Caproni on 1/19/22)(jw) (Entered: 01/20/2022)
1/11/2022LETTER by (19-Cr-212-2) Perry Wells addressed to Judge Valerie E. Caproni dated 01/05/2022 re: Rule 12(b)(2) Invoked. (bw) (Entered: 01/11/2022)
1/10/2022 NOTICE OF MAILING as to Perry Wells: Sent copy of Order dated 1/10/22 (Dkt. 311) to Perry J. Wells, Reg. No. 86769-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640. (jbo) (Entered: 01/11/2022)
1/10/2022ORDER as to Perry Wells. WHEREAS on January 10, 2022, Mr. Wells filed a letter requesting that his sentence be recalculated, Dkt. 310; and WHEREAS the Court construes Mr. Wells' motion as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. IT IS HEREBY ORDERED that the Clerk of Court is directed to open a parallel civil case for Mr. Wells' habeas petition. The document at 19-CR-212, Dkt. 310, should be docketed as docket entry 1 in the new civil case. The Clerk of Court is further directed to mail a copy of this Order to Perry J. Wells, Reg. No. 86769-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640, and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/10/22)(jbo) (Entered: 01/11/2022)
1/10/2022LETTER by (19-Cr-212-2) Perry Wells dated 01/04/2022 re: Constitutional Liberty Restraint. (bw) (Entered: 01/10/2022)
12/15/2021 NOTICE OF MAILING as to Perry Wells: Copy of Order dated 12/15/21 (dkt.309) sent to Perry J. Wells, Reg. No. 86769-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640. (jbo) (Entered: 12/15/2021)
12/15/2021MEMO ENDORSEMENT as to Perry Wells re: 308 Letter Invoking Statute 1291 - Review... ENDORSEMENT: The Court construes Mr. Wells' letter as a filing in support of his appeal of the Undersigned's November 4, 2021 endorsement. See 19-CR-212, Dkt. 304 (Endorsement); 19-CR-212, Dkt. 307 (Notice of Appeal). The Court opened and will now close a corresponding district court civil case as part of the appeals process. See 21-CV-9753, Dkt. 2 (Endorsement); 21-CV-9753 (Notice of Appeal). Mr. Wells' appeal before the Second Circuit Court of Appeals has docket number 21-2962. Mr. Wells should send all filings related to his appeal directly to the Second Circuit, and not to this Court. The Court will forward this filing directly to the Second Circuit. In the future, all filings in support of his appeal should be sent directly to the Second Circuit. The Clerk of Court is respectfully directed to transmit this filing (21-CV-9753, Dkt. 6) to the Second Circuit. The Clerk is further directed to close 21-CV-9753. The Clerk is further directed to mail a copy of this endorsement to Perry J. Wells, Reg. No. 86769-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640, and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/15/21)(jbo) (Entered: 12/15/2021)
12/14/2021 LETTER addressed to Office of the Clerk from Perry J. Wells dated 12/4/21 re: Invoking Statute 1291 - Review (jw) (Entered: 12/14/2021)
11/30/2021Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Perry Wells re: 307 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 11/30/2021)
11/30/2021Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Perry Wells to US Court of Appeals re: 307 Notice of Appeal. (nd) (Entered: 11/30/2021)
11/23/2021ORDER as to Perry Wells: IT IS HEREBY ORDERED that the Court declines to issue a certificate of appealability. Petitioner has not made a substantial showing of a denial of a federal right pursuant to 28 U.S.C. § 2253(c), and appellate review is therefore not warranted. Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). IT IS FURTHER ORDERED that the Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is directed to open a parallel civil case for Mr. Wells' habeas petition. The documents at 19-CR-212, Dkts. 303, 304, and 305 as well as this Order should be docketed as docket entries 1, 2, 3, and 4 in the new civil case. The Clerk of Court is further directed to mail a copy of this Order to Perry J. Wells, Reg. No. 86769-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640, and to note the mailing on the docket. (Signed by Judge Valerie E. Caproni on 11/23/2021) (Copy mailed to Defendant at above address) (ap) (Entered: 11/23/2021)
11/18/2021NOTICE OF APPEAL by Perry Wells from 304 Memo Endorsement. [This document also entered in case: 21-cv-9753].(nd) (Entered: 11/30/2021)
11/18/2021 LETTER addressed to Judge Valerie E. Caproni dated 11/11/21 re: Letter from Perry Wells (jw) (Entered: 11/18/2021)
11/4/2021MEMO ENDORSEMENT as to Perry Wells on re: 303 Letter filed by Perry Wells...ENDORSEMENT...The Court construes Mr. Wells' application as a petition for habeas corpus pursuant to 28 USC 2241. For the following reasons, Mr. Well's petition is DENIED. First Mr. Wells has not provided any proof that he has exhausted available BOP remedies, a prerequisite to seeking habeas corpus relief. See Lesane v. Tellez, No 21 cv 2074, WL 3500916, at *2 (SDNY August 4, 2021) ("Before Petitioner may seek relief through a petition for a writ of habeas corpus, however, he must show exhaustion of his administrative remedies"). The failure to exhaust administrative remedies is sufficient reason on its own to deny the requested relief. But even has Mr. Wells included proof that he had exhausted administrative remedies, he is not entitled to the relief he seeks. 18 USC 3585(b) governs the amount of credit an inmate may received for time served. The statute states: "A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences - (1) as a result of the offense for which the sentence was imposed; or (2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed; that he has not been credited against another sentence." See 18 USC 3585(b). Mr. Wells argues that the 215 days that he was subject to GPS monitoring while on home confinement with restrictions under pretrial supervision should be credited against his sentence. Mr. Wells appears to be claiming that given the "strict" and "harsh" restrictions, that time should be considered "official detention" that may be credited pursuant to 18 USC 3585(b). But the Supreme Court has foreclosed that same argument. The Supreme Court found that "credit for time spent in official detention under 3585(b) is available only to those defendants who were detained in a penal or correctional facility, 3621(b), and who were subject to BOP's control". See Reno v. Koray, 515 US 50,58 (1995). The Supreme Court further found that " a defendant admitted to bail on restrictive conditions, as [petitioner] was, is released," and not subject to " official detention." Reno 515 US at 57 (1995). Accordingly, Mr. Perry's time on pretrial release, although subject to restrictions, does not qualify as "official detention" pursuant to 18 USC 3585(b). See also Jones v. Killan, No. 10 cv 5136, 2011 WL 1142919 (SDNY Mar 21, 2011)(denying a similar habeas corpus petition on the same grounds). In sum, Mr Perry has not presented a viable basis for his sentence to be reduced pursuant to 18 USC 3585(b) and his petition is denied. The Clerk of Court is respectfully directed to mail a copy of this endorsement to Perry J. Wells, Reg No 86769-054, FCI Fort Dix, Federal Correctional Institution, PO Box 2000, Joint Base MDL, NJ 08640 [**Mailed this Memo Endorsement to defendant Perry J. Wells on 11/5/2021 to address listed above**] (Signed by Judge Valerie E. Caproni on 11/4/21)(jw) (Entered: 11/04/2021)
11/4/2021 LETTER by Perry Wells addressed to Judge Valerie E. Caproni dated 10/17/21 re: Letter to the Court on Habeas Corpus Petition. (jbo) (Entered: 11/04/2021)
11/1/2021MEMO ENDORSEMENT 301 FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Jason E. Foy dated November 1, 2021 re: Permission to Release Passport...ENDORSEMENT...Application Granted. (Signed by Judge Valerie E. Caproni on 11/1/21) (jw) (Entered: 11/02/2021)
11/1/2021FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Jason E. Foy dated November 1, 2021 re: Permission to Release Passport . Document filed by Russell Cook. (Foy, Jason) (Entered: 11/01/2021)
6/30/2021300SEALED DOCUMENT placed in vault. (jus) (Entered: 07/01/2021)
6/8/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Albert McDuffie. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/6/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 06/08/2021)
6/8/2021TRANSCRIPT of Proceedings as to Albert McDuffie re: Sentence held on 10/6/20 before Judge Valerie E. Caproni. 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 6/29/2021. Redacted Transcript Deadline set for 7/9/2021. Release of Transcript Restriction set for 9/7/2021. (McGuirk, Kelly) (Entered: 06/08/2021)
5/7/2021FIRST LETTER by Albert McDuffie addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated May 7, 2021 re: To provide Vaccination card (Attachments: # 1 Exhibit Vaccination Card)(Dunn, Thomas) (Entered: 05/07/2021)
5/3/2021MEMO ENDORSEMENT as to Albert McDuffie (5) granting 294 THIRD LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated May 2, 2021 re: Extension of surrender date. ENDORSEMENT: Application GRANTED. As the CDC considers people fully vaccinated two weeks after the second dose of either the Pfizer or Moderna vaccine, Mr. Duffie's surrender date is hereby adjourned to Monday, June 14, 2021. By vaccination card confirming that he has received the first vaccination dose. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/2/2021) (lnl) (Entered: 05/03/2021)
5/2/2021THIRD LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated May 2, 2021 re: Extension of surrender date . Document filed by Albert McDuffie. (Dunn, Thomas) (Entered: 05/02/2021)
4/2/2021Attorney update in case as to Jamal Watson (1). Attorney Robert Douglas DiDio terminated. (bw) (Entered: 04/05/2021)
4/2/2021ENDORSED LETTER as to (19-Cr-212-1) Jamal Watson addressed to Judge Valerie E. Caproni from Joseph A. Lobosco, Esq. dated April 2, 2021 re: The Court has ordered that Mr. Watson surrender to Fort Dix SCP on April 6, 2021. I am writing to request that Mr. Watson's surrender date be delayed further. ENDORSEMENT: Application GRANTED. Mr. Watson's surrender date is hereby adjourned to Friday, July 2, 2021. The Court is unlikely to adjourn the date further. The Court very much encourages Mr. Watson to get vaccinated prior to his surrender date. The Clerk of Court is respectfully directed to terminate Robert DiDio as counsel for Mr. Watson. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/2/2021)(bw) (Entered: 04/05/2021)
3/22/2021 LETTER by Silvestre Mahon addressed to Judge Valerie E. Caproni from Xavier R. Donaldson dated March 22, 2021 re: Withdrawal of Travel Request (Donaldson, Xavier) (Entered: 03/22/2021)
3/22/2021 LETTER by Silvestre Mahon addressed to Judge Valerie E. Caproni from Xavier R. Donaldson dated March 22, 2021 re: Travel Request (Donaldson, Xavier) (Entered: 03/22/2021)
3/18/2021MANDATE of USCA (Certified Copy) as to Robert Cherry re: 51 Notice of Appeal. USCA Case Number 19-921. Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 3/18/2021. (nd) (Entered: 03/18/2021)
2/16/2021 LETTER by Silvestre Mahon addressed to Judge Valerie E. Caproni from Xavier R. Donaldson dated February 16, 2021 re: Follow Up Letter Regarding Designation (Donaldson, Xavier) (Entered: 02/16/2021)
2/1/2021MEMO ENDORSEMENT as to Silvestre Mahon on re: 286 LETTER by Silvestre Mahon addressed to Judge Valerie E. Caproni from Xavier R. Donaldson dated February 1, 2021 re: Adjournment of Sentence. ENDORSEMENT: Mr. Mahon's surrender date is hereby adjourned to Monday, April 5, 2021. By no later than Friday, February 19, 2021, the Government must explain why Mr. Mahon has not yet been designated to a facility and inform the Court by what date the Bureau of Prisons will designate Mr. Mahon to a facility. (Signed by Judge Valerie E. Caproni on 2/1/2021) (ap) (Entered: 02/01/2021)
2/1/2021MEMO ENDORSEMENT as to Albert McDuffie (5) granting 285 SECOND LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated February 1, 2021 re: extension of time to surrender due to Covid-19. ENDORSEMENT: Application GRANTED. Mr. McDuffie's surrender date is hereby adjourned to Monday, May 3, 2021. (Signed by Judge Valerie E. Caproni on 2/1/2021) (ap) (Entered: 02/01/2021)
2/1/2021 LETTER by Silvestre Mahon addressed to Judge Valerie E. Caproni from Xavier R. Donaldson dated February 1, 2021 re: Adjournment of Sentence (Donaldson, Xavier) (Entered: 02/01/2021)
2/1/2021SECOND LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated February 1, 2021 re: extension of time to surrender due to Covid-19 . Document filed by Albert McDuffie. (Dunn, Thomas) (Entered: 02/01/2021)
1/5/2021MEMO ENDORSEMENT as to Jamal Watson (1) granting 283 FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Joseph Lobosco dated January 4, 2021 re: Postponement of Surrender Date. ENDORSEMENT: Application GRANTED. Mr. Watson's surrender date is hereby adjourned to April 5, 2021. (Signed by Judge Valerie E. Caproni on 1/4/2021) (ap) (Entered: 01/05/2021)
1/4/2021FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Joseph Lobosco dated January 4, 2021 re: Postponement of Surrender Date . Document filed by Jamal Watson. (DiDio, Robert) (Entered: 01/04/2021)
12/4/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook. Notice is hereby given that an official transcript of a Conference proceeding held on 11/10/20 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 Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook re: Conference held on 11/10/20 before Judge Valerie E. Caproni. 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 12/28/2020. Redacted Transcript Deadline set for 1/4/2021. Release of Transcript Restriction set for 3/4/2021. (McGuirk, Kelly) (Entered: 12/04/2020)
12/4/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jamal Watson. Notice is hereby given that an official transcript of a Conference proceeding held on 11/5/20 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: 12/04/2020)
12/4/2020TRANSCRIPT of Proceedings as to Jamal Watson re: Conference held on 11/5/20 before Judge Valerie E. Caproni. 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 12/28/2020. Redacted Transcript Deadline set for 1/4/2021. Release of Transcript Restriction set for 3/4/2021. (McGuirk, Kelly) (Entered: 12/04/2020)
12/3/2020ORDER as to Perry Wells... IT IS HEREBY ORDERED that Mr. Perry's Motion for Leave to File a Motion for Reconsideration is DENIED. Motions for reconsideration are not included in the Federal Rules of Criminal Procedure but are allowed as a matter of practice.....The Clerk of Court is respectfully directed to terminate the open motion at docket entry 272. The Clerk is further directed to mail this Order to Perry Wells, Reg. No. 86769-054, FCI Beaumont Low, Federal Correctional Institution, P.O. Box 26020, Beaumont, Texas 77720, and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/3/2020) [**Mailed a copy of this order to Perry Wells.](jbo) (Entered: 12/03/2020)
11/30/2020MEMO ENDORSEMENT 272 Motion FOR RECONSIDERATION AND REQUEST TO SEAL PORTION OF RECORD....ENDORSEMENT...Mr. Wells' motion to file these exhibits under seal is hereby DENIED. Mr. Wells' history of drug use was discussed in open court throughout his criminal proceedings. Therefore, there is no reason to seal the exhibit pertaining to addiction. The Court recognizes that the letter from Mr. Wells' mother contains sensitive medical information as well as her personal identifying information (address and phone number). The Court agrees that this information should be sealed and has accordingly redacted it. The Court's opinion on Mr. Wells' motion for reconsideration of the Court's compassionate release decision will be filed under separate order. The Clerk of Court is respectfully directed to mail a copy of this endorsement to Mr. Wells at Perry Wells, Reg. No. 86769-054, FCI Beaumont Low, Federal Correctional Institution, P.O. Box 26020, Beaumont, Texas 77720 and to note the mailing on the docket. (Signed by Judge Valerie E. Caproni on 11/30/20) (jw) (Entered: 12/03/2020)
11/30/2020MEMO ENDORSEMENT as to Silvestre Mahon on re: 275 Mr. Mahon was sentenced by this Court on October 1, 2020 to 60 months incarceration. During the sentencing proceeding, the Court ordered that Mr. Mahon be allowed to surrender and recommended that due to Mr. Mahon's serious health conditions, he be designated to FMC Devens noting that in any event he must surrender by noon on 12/3/2020....ENDORSEMENT...Application GRANTED. Mr. Mahon's surrender date is hereby adjourned to February 3, 2021. The Court encourages the Bureau of Prisons to designate a facility in advance of this date (Signed by Judge Valerie E. Caproni on 11/30/20)(jw) (Entered: 12/01/2020)
11/30/2020 LETTER by Silvestre Mahon addressed to Judge Valerie E. Caproni from Xavier R. Donaldson dated November 30, 2020 re: modification of surrender date (Donaldson, Xavier) (Entered: 11/30/2020)
11/30/2020MEMO ENDORSEMENT 273 LETTER MOTION To request that the Court issue an order extending the period of time to surrender until Monday, February 3, 2021 as to Albert McDuffie...ENDORSEMENT...Application GRANTED. Mr. McDuffie's surrender date is hereby adjourned to February 3, 2021. The Court encourages the Bureau of Prisons to designate a facility in advance of this date. SO ORDERED (Signed by Judge Valerie E. Caproni on 11/30/20) (jw) (Entered: 11/30/2020)
11/30/2020FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn re: extension of time to surrender due to Covid-19 . Document filed by Albert McDuffie. (Dunn, Thomas) (Entered: 11/30/2020)
11/16/2020MEMO ENDORSEMENT as to Steve Campbell (3) granting 269 LETTER MOTION addressed to Judge Valerie E. Caproni from Jacob Mitchell dated November 13, 2020 re: Modification of conditions. ENDORSEMENT: Application granted. (Signed by Judge Valerie E. Caproni on 11/13/2020) (ap) (Entered: 11/16/2020)
11/13/2020 LETTER MOTION addressed to Judge Valerie E. Caproni from Jacob Mitchell dated November 13, 2020 re: Modification of conditions . Document filed by Steve Campbell. (Mitchell, Jacob) (Entered: 11/13/2020)
11/10/2020JUDGMENT IN A CRIMINAL CASE as to Robert Cherry (7), Count(s) 1 is dismissed on the motion of the US. Pleaded guilty to Count(s) 1s, 2s, 3s, 4s. Imprisonment for a total term of Time Served on counts 1-4. Supervised release for a term of Five Years on Counts 1-3 and 3 years on Count 4, all concurrent. Special Assessment of $400 which is due immediately. (Signed by Judge Valerie E. Caproni on 11/10/20)(jw) (Entered: 11/17/2020)
11/10/2020DISMISSAL OF COUNTS on Government Motion as to Robert Cherry (7) Count 1. (jw) (Entered: 11/17/2020)
11/10/2020Minute Entry for proceedings held before Judge Valerie E. Caproni:Sentencing held on 11/10/2020 for Robert Cherry (7) Count 1s,2s,3s,4s. Defendant Robert Cherry present with attorney Guy Oksenhendler. AUSA Adam Hobson present. Court Reporter Steve Greenblum present. The Court accepted Defendant's guilty plea. Defendant sentenced. (see Judgment (jw) (Entered: 11/17/2020)
11/10/2020ORDER as to (19-Cr-212-07) Robert Cherry. WHEREAS the sentencing of Defendant Robert Cherry is scheduled for Tuesday, November 10, 2020, at 2:00 P.M.; IT IS HEREBY ORDERED that the sentencing will be held in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, located at 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire and have his or her temperature taken. Please see the enclosed instructions. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers promptly if you or your client do not meet the requirements. IT IS FURTHER ORDERED that any interested members of the public may listen to the proceeding remotely by dialing 1-888-363-4749, using the access code 3121171 and the security code 0212. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/10/2020)(bw) (Entered: 11/10/2020)
11/9/2020MOTION FOR LEAVE TO FILE OUT-OF-TIME MOTION SEEKING RECONSIDERATION OF DENIAL OF COMPASSIONATE RELEASE. Document filed by (19-Cr-212-2) Perry Wells. (bw) (Entered: 11/24/2020)
11/9/2020SENTENCING SUBMISSION by Robert Cherry. (Oksenhendler, Guy) (Entered: 11/09/2020)
11/5/2020264SEALED DOCUMENT placed in vault. (jus) (Entered: 11/06/2020)
11/5/2020JUDGMENT IN A CRIMINAL CASE as to Jamal Watson (1). The Defendant pleaded guilty to Count 1. Open and underlying counts are dismissed on the motion of the United States. IMPRISONMENT: Eight (8) years. The Court recommends the defendant be designated to a facility in the New York City Metropolitan area. The defendant shall surrender to the designated faculty. If no facility is designated by then, the defendant shall surrender to the USMS in SDNY at 12:00 p.m. on 1/6/2021. SUPERVISED RELEASE: Five (5) years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Valerie E. Caproni on 11/5/2020) (lnl) (Entered: 11/06/2020)
11/5/2020Minute Entry for proceedings held before Judge Valerie E. Caproni: Sentencing held on 11/5/2020 for Jamal Watson (1) Count 1. Defendant Jamal Watson present with attorney Joseph Lobosco. AUSA Adam Hobson present. Court Reporter Steven Greeblum present. Defendant sentenced. (see Judgment). (lnl) (Entered: 11/05/2020)
11/5/2020262SEALED DOCUMENT placed in vault. (jri) (Entered: 11/05/2020)
11/4/2020Sentencing Letter by Jamal Watson addressed to Judge Valerie E. Caproni from Joseph A. Lobosco dated November 4, 2020 re: Additional Letter of Reference. (Attachments: # 1 Character Reference letter)(DiDio, Robert) (Entered: 11/04/2020)
11/4/2020Sentencing Letter by Jamal Watson addressed to Judge Valerie E. Caproni from Joseph A. Lobosco dated November 4, 2020 re: Additional Letter of Reference. (Attachments: # 1 Character Reference letter)(DiDio, Robert) (Entered: 11/04/2020)
11/3/2020Sentencing Letter by Jamal Watson addressed to Judge Valerie E. Caproni from Joseph A. Lobosco dated November 3, 2020 re: Additional Letters of Reference. (Attachments: # 1 Character Reference letter, # 2 Letter from Mr. Watson's doctor)(DiDio, Robert) (Entered: 11/03/2020)
10/30/2020ORDER as to Steve Campbell: IT IS HEREBY ORDERED, nunc pro tunc, that the Court finds that there was an adequate factual basis for Mr. Campbell's guilty plea; that Mr. Campbell understood at the time of his plea the rights he was giving up and waived those rights knowingly and voluntarily; the Court further finds that Mr. Campbell understood the consequences of his plea, including the potential sentence that could be imposed. Because the Court finds that the Defendant's plea was entered knowingly and voluntarily and was supported by an independent factual basis for each and every element of the crime(s) charged, the Court accepts Mr. Campbell's guilty plea. (Signed by Judge Valerie E. Caproni on 10/30/2020) (ap) (Entered: 10/30/2020)
10/30/2020ORDER as to Russell Cook: 2020; IT IS HEREBY ORDERED, nunc pro tunc, that the Court finds that there was an adequate factual basis for Mr. Cook's guilty plea; that Mr. Cook understood at the time of his plea the rights he was giving up and waived those rights knowingly and voluntarily; the Court further finds that Mr. Cook understood the consequences of his plea, including the potential sentence that could be imposed. Because the Court finds that the Defendant's plea was entered knowingly and voluntarily and was supported by an independent factual basis for each and every element of the crime(s) charged, the Court accepts Mr. Cook's guilty plea. (Signed by Judge Valerie E. Caproni on 10/30/2020) (ap) (Entered: 10/30/2020)
10/29/2020JUDGMENT IN A CRIMINAL CASE as to Steve Campbell (3). THE DEFENDANT: pleaded guilty to count 1. Open and underlying Counts are dismissed on the motion of the United States. IMPRISONMENT: Time served. SUPERVISED RELEASE: Five (5) years. First year of which will be subject to home detention. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $100.00 due immediately. (Signed by Judge Valerie E. Caproni on 10/29/2020) (ap) (Entered: 10/30/2020)
10/29/2020DISMISSAL OF COUNTS on Government Motion as to Steve Campbell (3) Count 1. (ap) (Entered: 10/30/2020)
10/29/2020Minute Entry for proceedings held before Judge Valerie E. Caproni: Sentencing held on 10/29/2020 for Steve Campbell (3) Count 1s. Defendant Steve Campbell present with attorneys Richard Lind and Jacob Mitchell. AUSA Adam Hobson present. Defendant sentenced to time-served. (see Judgment). (Court Reporter Raquel Robles) (ap) (Entered: 10/29/2020)
10/29/2020ORDER as to Steve Campbell: WHEREAS the sentencing of Defendant Steve Campbell is scheduled for Thursday, October 29, 2020, at 2:00 P.M.; WHEREAS the sentencing will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007; and WHEREAS Defendant Campbell's counsel, Mr. Jacob Mitchell, has represented to the Court that he has met the requirements of the Southern District for New York entry policies for subpoenaed witnesses and their counsel; IT IS HEREBY ORDERED THAT Mr. Mitchell must be allowed entry into the Thurgood Marshall United States Courthouse upon presentation of this Order, an acceptable test showing he is negative for COVID-19 dated within 24 hours of his arrival to New York, confirmation that he can answer no to all of the questions on the Courthouse's COVID questionnaire other than the one relative to travel from outside of New York, and a temperature of less than 100.4. (Signed by Judge Valerie E. Caproni on 10/29/2020) (ap) (Entered: 10/29/2020)
10/29/2020 LETTER MOTION addressed to Judge Valerie E. Caproni from Jacob Mitchell dated October 29, 2020 re: Additional Letter for Sentencing . Document filed by Steve Campbell. (Attachments: # 1 Exhibit Exhibit G)(Mitchell, Jacob) (Entered: 10/29/2020)
10/29/2020ORDER as to Jamal Watson, Steve Campbell, Robert Cherry: 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. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/29/2020) (See ORDER as set forth) (lnl) (Entered: 10/29/2020)
10/26/2020SENTENCING SUBMISSION by Robert Cherry. (Oksenhendler, Guy) (Entered: 10/26/2020)
10/14/2020ORDER as to Steve Campbell: WHEREAS the sentencing of Defendant Steve Campbell is scheduled for Thursday, October 29, 2020, at 2:00 P.M.; IT IS HEREBY ORDERED THAT the sentencing will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that counsel traveling from restricted states may quarantine in their state of residence immediately prior to traveling to New York, if they meet additional criteria. Please see the enclosed policy attached to this order. IT IS FURTHER ORDERED that parties and interested members of the public not traveling from a restricted state must meet the requirements of the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM. Any person who appears at any SDNY courthouse must complete a questionnaire and have his or her temperature taken. Please see the enclosed instructions. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers promptly if you or your client do not meet the requirements. IT IS FURTHER ORDERED that interested members of the public may attend by dialing 1-888-363-4749, using the access code 3121171 and the security code 0212. All of those accessing the hearing are reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/14/2020) (lnl) (Entered: 10/14/2020)
10/6/2020JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 10/6/2020. Defendant Albert McDuffie (5) pleaded guilty to Count(s) 1. Count(s) open and underlying are dismissed on the motion of the United States. IMPRISONMENT: Ninety (90) months. The court makes the following recommendations to the Bureau of Prisons: The Court recommends the defendant be designated to a facility close to the New York City Metropolitan area. - The defendant shall surrender to the designated facility. If no facility is designated by then, the defendant shall surrender to the USMS in SDNY: at 12:00 p.m. on 12/1/2020. SUPERVISED RELEASE: Five (5) years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Valerie E. Caproni on 10/6/2020)(bw) (Entered: 10/07/2020)
10/6/2020Minute Entry for proceedings held before Judge Valerie E. Caproni:Sentencing held on 10/6/2020 for Albert McDuffie (5) Count 1. Defendant Albert McDuffie present with attorney Thomas Dunn. AUSA Adam Hobson present. Court Reporter Steven Greenblum present. Bail conditions continued. Defendant sentenced. (see Judgment) (jw) (Entered: 10/07/2020)
10/6/2020JUDGMENT IN A CRIMINAL CASE as to Silvestre Mahon (6). The defendant pleaded guilty to Count(s) 1. Imprisonment: 5 years; Supervised Release: 4 years. The court makes the following recommendations to the Bureau of Prisons: The Court recommends the defendant be designated to a FMC Devens and be considered for placement into RDAP. The defendant shall surrender to the designated facility. If no facility is designated by then, the defendant shall surrender to the USMSin SDNY: at 12:00 p.m. on 12/3/2020. Assessment: $100.00 due immediately. (Signed by Judge Valerie E. Caproni on 10/6/2020)(jbo) (Entered: 10/06/2020)
10/1/2020Minute Entry for proceedings held before Judge Valerie E. Caproni:Sentencing held on 10/1/2020 for Silvestre Mahon (6) Count 1. Defendant Silvestre Mahon present with attorney Xavier Donaldson. AUSA Adam Hobson present. Court Reporter Paula Speer present. Defendant sentenced. Bail continued. (see Judgment). (jw) (Entered: 10/02/2020)
9/30/2020Sentencing Letter by Silvestre Mahon addressed to Judge Valerie E. Caproni from Xavier R. Donaldson dated September 30, 2020 re: Sentencing Supplemental Letter. (Donaldson, Xavier) (Entered: 09/30/2020)
9/28/2020Sentencing Letter by Silvestre Mahon addressed to Judge Valerie E. Caproni from Xavier R. Donaldson dated September 28, 2020 re: Sentencing Supplemental Letters. (Attachments: # 1 Supplement character letter, # 2 Supplement character letter, # 3 Supplement character letter)(Donaldson, Xavier) (Entered: 09/28/2020)
9/25/2020SENTENCING SUBMISSION by Albert McDuffie. (Attachments: # 1 Exhibit letter in support, # 2 Exhibit letter in support, # 3 Exhibit Letter in Support, # 4 Exhibit Letter in Support, # 5 Exhibit Letter in Support, # 6 Exhibit Letter in Support)(Dunn, Thomas) (Entered: 09/25/2020)
9/21/2020ORDER as to Jamal Watson: IT IS HEREBY ORDERED that the sentencing of Jamal Watson is scheduled for Thursday, November 5, 2020, at 2:00 P.M. IT IS FURTHER ORDERED THAT the sentencing will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire and have his or her temperature taken. Please see the enclosed instructions. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers promptly if you or your client do not meet the requirements. IT IS FURTHER ORDERED that interested members of the public may attend by dialing 1-888-363-4749, using the access code 3121171 and the security code 0212. All of those accessing the hearing are reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Sentencing set for 11/5/2020 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 9/21/2020) (lnl) (Entered: 09/21/2020)
9/18/2020FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Joseph A. Lobosco dated September 18, 2020 re: Fatico Hearing . Document filed by Jamal Watson. (DiDio, Robert) (Entered: 09/18/2020)
9/17/2020243SEALED DOCUMENT placed in vault. (mhe) (Entered: 09/17/2020)
9/15/2020ORDER as to Steve Campbell: IT IS HEREBY ORDERED that due to a conflict in the Courts calendar, the sentencing is adjourned to Tuesday, October 29, 2020 at 2:00 pm. IT IS FURTHER ORDERED THAT the sentencing will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire and have his or her temperature taken. Please see the enclosed instructions. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers promptly if you or your client do not meet the requirements. IT IS FURTHER ORDERED that interested members of the public may attend by dialing 1-888-363-4749, using the access code 3121171 and the security code 0212. All of those accessing the hearing are reminded that recording or rebroadcasting of the proceeding is prohibited by law. (Sentencing set for 10/29/2020 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 9/15/2020) (ap) (Entered: 09/16/2020)
9/15/2020ORDER as to Albert McDuffie. WHEREAS the sentencing of Defendant Albert McDuffie is scheduled for Wednesday, September 23, 2020; IT IS HEREBY ORDERED that due to a conflict in the Court's calendar, the sentencing is adjourned to Tuesday, October 6, 2020 at 2:00 pm. IT IS FURTHER ORDERED THAT the sentencing will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire and have his or her temperature taken. Please see the enclosed instructions. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers promptly if you or your client do not meet the requirements. IT IS FURTHER ORDERED that interested members of the public may attend by dialing 1-888-363-4749, using the access code 3121171 and the security code 0212. All of those accessing the hearing are reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/15/2020) (Sentencing set for 10/6/2020 at 02:00 PM before Judge Valerie E. Caproni.)(jbo) (Entered: 09/15/2020)
9/10/2020SENTENCING SUBMISSION by USA as to Albert McDuffie. (Hobson, Adam) (Entered: 09/10/2020)
9/10/2020SENTENCING SUBMISSION by Albert McDuffie. (Attachments: # 1 Exhibit Ex Revised Mitigation Report, # 2 Exhibit Albert McDuffie letter, # 3 Exhibit Letter in Support, # 4 Exhibit Letter in Support, # 5 Exhibit Letter in Support, # 6 Exhibit Letter in Support)(Dunn, Thomas) (Entered: 09/10/2020)
9/10/2020MEMO ENDORSEMENT granting 237 LETTER MOTION filed by Steve Campbell (3), addressed to Judge Valerie E. Caproni from Attorney Jacob Mitchell dated September 9, 2020 re: Request to file under seal and redact. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/10/2020) (bw) (Entered: 09/10/2020)
9/9/2020 LETTER MOTION addressed to Judge Valerie E. Caproni from Jacob Mitchell dated September 9, 2020 re: Request to file under seal and redact . Document filed by Steve Campbell. (Mitchell, Jacob) (Entered: 09/09/2020)
9/9/2020Sentencing Letter by USA as to Steve Campbell addressed to Judge Caproni from L. Pellegrino dated 9/9/2020 re: sentencing submission. (Pellegrino, Louis) (Entered: 09/09/2020)
9/9/2020SENTENCING SUBMISSION by Steve Campbell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Mitchell, Jacob) (Entered: 09/09/2020)
9/9/2020MEMO ENDORSEMENT granting 233 FIRST LETTER MOTION filed by Albert McDuffie (5), addressed to Judge Valerie E. Caproni from Attorney Thomas Francis Dunn dated September 9, 2020 re: extension of one day to file sentencing submission. I write to request an extension of one day until tomorrow September 10th to submit my sentencing letter on behalf of Mr. McDuffie, which is due today. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/9/2020) (bw) (Entered: 09/09/2020)
9/9/2020FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated September 9, 2020 re: extension of one day to file sentencing submission . Document filed by Albert McDuffie. (Dunn, Thomas) (Entered: 09/09/2020)
9/8/2020Terminate Deadlines and Hearings as to Jamal Watson (1): Terminated Sentencing set for 9/9/2020 at 11:00 AM before Judge Valerie E. Caproni. (bw) (Entered: 09/08/2020)
9/8/2020ENDORSED LETTER as to (19-Cr-212-1) Jamal Watson addressed to Judge Valerie E. Caproni from Joseph A. Lobosco, Esquire dated September 4, 2020 re: Request For Extension of Time and Adjournment of Sentence. ENDORSEMENT: The Defense is hereby ORDERED to inform the Court by no later than Friday, September 18, 2020, whether Defendant would like a Fatico hearing on the Government's assertion that Mr. Watson has been distributing cocaine since at least 2009. Mr. Watson's sentencing, currently scheduled for Wednesday, September 9, 2020, is hereby adjourned. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/8/2020)(bw) (Entered: 09/08/2020)
9/7/2020Sentencing Letter by Silvestre Mahon addressed to Judge Valerie E. Caproni from Xavier R. Donaldson dated September 7, 2020 re: Sentencing Letter. (Donaldson, Xavier) (Entered: 09/07/2020)
9/4/2020MEMO ENDORSEMENT denying 227 FIRST LETTER MOTION filed by Albert McDuffie (5), addressed to Judge Valerie E. Caproni from Attorney Thomas Francis Dunn dated September 4, 2020 re: adjournment of sentence. ENDORSEMENT: Mr. McDuffie's sentencing is scheduled for September 23, 2020, at 11:00 A.M., and sentencing submissions are due September 9, 2020. See Dkt. 202. The request for adjournment is hereby DENIED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/4/2020) (bw) (Entered: 09/08/2020)
9/4/2020FIRST LETTER by Jamal Watson addressed to Judge Valerie E. Caproni from Joseph A. Lobosco dated September 4, 2020 re: Court questions (DiDio, Robert) (Entered: 09/04/2020)
9/4/2020FIRST MOTION for Extension of Time to respond to Court's questions. Document filed by Jamal Watson. (DiDio, Robert) (Entered: 09/04/2020)
9/4/2020FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated September 4, 2020 re: adjournment of sentence . Document filed by Albert McDuffie. (Dunn, Thomas) (Entered: 09/04/2020)
9/3/2020ORDER as to Jamal Watson: IT IS HEREBY ORDERED THAT, no later than Friday, September 4, 2020 at 6:00 P.M., the parties must submit a joint letter addressing the following: 1. Does the Governments evidence show that Mr. Watson was distributing cocaine from the home in which his children, particularly his son Jamal Watson, Jr., resided? 2. Is the house from which the Defendant distributed cocaine owned by Mr. Watson? 3. Does the Defense dispute the Government's assertion that Mr. Watson has been distributing cocaine since at least 2009? 4. If the Defense disputes that Mr. Watson has been distributing cocaine since at least 2009, does the Defense want a Fatico hearing? 5. If the Defense would like a Fatico hearing, the letter must include two mutually acceptable dates for such a hearing. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/3/2020) (lnl) (Entered: 09/03/2020)
8/31/2020MEMO ENDORSEMENT as to Silvestre Mahon on 224 LETTER by Silvestre Mahon addressed to Judge Valerie E. Caproni from Xavier R. Donaldson dated August 29, 2020 re: Adjournment request. ENDORSEMENT: Application granted. An in-person sentencing hearing is hereby scheduled for Thursday, October 1, 2020 at 11:00 A.M. The sentencing submission is hereby due on Monday, September 7, 2020. Any interested members of the public may listen to the proceeding remotely by dialing 1-888-363-4749, using the access code 3121171 and the security code 0212. SO ORDERED. (Sentencing set for 10/1/2020 at 11:00 AM before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 8/31/2020) (lnl) (Entered: 08/31/2020)
8/29/2020 LETTER by Silvestre Mahon addressed to Judge Valerie E. Caproni from Xavier R. Donaldson dated August 29, 2020 re: Adjournment request (Donaldson, Xavier) (Entered: 08/29/2020)
8/27/2020SENTENCING SUBMISSION by USA as to Silvestre Mahon. (Hobson, Adam) (Entered: 08/27/2020)
8/27/2020SENTENCING SUBMISSION by USA as to Jamal Watson. (Hobson, Adam) (Entered: 08/27/2020)
8/26/2020SENTENCING SUBMISSION by Jamal Watson. (Attachments: # 1 Exhibit EXHIBITS)(DiDio, Robert) (Entered: 08/26/2020)
8/12/2020MEMO ENDORSEMENT as to (19-Cr-212-1) Jamal Watson on re: 219 FIRST LETTER by Jamal Watson addressed to Judge Valerie E. Caproni from Robert DiDio, Esq. dated August 12, 2020 re: Request for permission to travel. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/12/2020)(bw) (Entered: 08/12/2020)
8/12/2020FIRST LETTER by Jamal Watson addressed to Judge Valerie E. Caproni from Robert DiDio, Esq. dated August 12, 2020 re: Request for permission to travel (DiDio, Robert) (Entered: 08/12/2020)
7/23/2020Minute Entry for proceedings held before Judge Valerie E. Caproni:Arraignment as to Robert Cherry (7) Count 1s,2s,3s,4s held on 7/23/2020. Defendant present with attorney Oksenhendler; AUSA Pellegrino is also present. Plea entered by Robert Cherry (7) Guilty as to Count 1s,2s,3s,4s. The Court accepts the plea. Sentencing control date set. (jm) (Entered: 11/13/2020)
7/17/2020 LETTER by USA as to Albert McDuffie addressed to Judge Valerie E. Caproni from L. Pellegrino dated 7/17/2020 re: status Document filed by USA. (Pellegrino, Louis) (Entered: 07/17/2020)
7/10/2020ORDER as to Perry Wells: IT IS HEREBY ORDERED THAT Mr. Wells motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(1)(a) is denied. Assuming that Mr. Wells increased susceptibility to COVID-19 constitutes an exceptional circumstance supporting a reduction in his sentence, the request must nonetheless be denied if the reduction would be inconsistent with the sentencing factors set forth in 18 U.S.C. § 3553(a). See United States v. Rodriguez, No. WL 3051443, at *1 (S.D.N.Y. June 8, 2020). On February 11, 2020, the Court sentenced Mr. Wells to a term of incarceration of 90 months because of the seriousness of his offense, his relatively high culpability within the nine-member conspiracy charged in this case, and the need to convey to Mr. Wells the importance of acquiring a legitimate trade after a lifetime of drug dealing. See Hearing Tr. (Feb. 11, 2020) at 2123. Mr. Wells has been incarcerated since November 14, 2019, when he pleaded guilty; accordingly, he has served only eight months of his 90-month sentence as of the date of this Order. See Plea Hearing Tr. (Dkt. 125). While Mr. Wells age- and health-related risks are significant considerations, they are not sufficiently serious as to justify a 90% reduction of his sentence. The Court urges the BOP to transfer Mr. Wells to his designated facility as soon as possible. The Clerk of Court is respectfully directed to terminate docket entry 186. (Signed by Judge Valerie E. Caproni on 7/10/2020) (ap) (Entered: 07/13/2020)
7/9/2020MEMO ENDORSEMENT as to Steve Campbell (3) granting 215 LETTER MOTION addressed to Judge Valerie E. Caproni from Richard B. Lind, Esq. dated July 9, 2020 re: Appointment of Jacob Mitchell, Esq. as Associate Counsel. ENDORSEMENT: Application GRANTED. Mr. Mitchell may bill up to 20 hours on this matter; if additional hours are needed, counsel may seek approval from the Court. (Signed by Judge Valerie E. Caproni on 7/9/2020) (ap) (Entered: 07/09/2020)
7/9/2020 LETTER MOTION addressed to Judge Valerie E. Caproni from Richard B. Lind, Esq. dated July 9, 2020 re: Appointment of Jacob Mitchell, Esq. as Associate Counsel . Document filed by Steve Campbell. (Attachments: # 1 Exhibit Resume)(Lind, Richard) (Entered: 07/09/2020)
7/8/2020 LETTER by USA as to Perry Wells addressed to Judge Valerie E. Caproni from L. dated L. Pellegrino re: Wells furlough Document filed by USA. (Attachments: # 1 Exhibit A)(Pellegrino, Louis) (Entered: 07/08/2020)
7/2/2020 LETTER addressed to Judge Valerie E. Caproni dated 4/3/2020 re: Sentencing Letter from Zeshawn McDuffie. (jw) (Entered: 07/02/2020)
6/29/2020MEMO ENDORSMENT as to Steve Campbell (3) granting 211 LETTER MOTION addressed to Judge Valerie E. Caproni from Jacob Mitchell dated June 26, 2020 re: Travel Request. ENDORSEMENT: Application GRANTED. Mr. Campbell is advised to adhere to social distancing and mask-wearing guidelines. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/29/2020) (lnl) (Entered: 06/29/2020)
6/26/2020 LETTER MOTION addressed to Judge Valerie E. Caproni from Jacob Mitchell dated June 26, 2020 re: Travel Request . Document filed by Steve Campbell. (Attachments: # 1 Exhibit A)(Mitchell, Jacob) (Entered: 06/26/2020)
6/26/2020NOTICE OF ATTORNEY APPEARANCE: Jacob Mitchell appearing for Steve Campbell. Appearance Type: CJA Appointment. Associate (Mitchell, Jacob) (Entered: 06/26/2020)
6/26/2020MEMO ENDORSEMENT as to Albert McDuffie (5) granting 207 FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated June 23,2020 re: Removal of Exhibit 3 from docket 176 and 177. ENDORSEMENT: Application GRANTED. The corrected version of Exhibit 3, Dkt. 207-1, was submitted to the Court and to the Government prior to the Court's decision on Mr. McDuffie's motion. Accordingly, for purposes of maintaining an accurate public record, the corrected Exhibit 3 is hereby substituted in place of the original Exhibit 3 filed as Dkts. 176-3 and 177-3. The Clerk of Court is respectfully directed to strike the original Exhibit 3 at Dkts. 176-3 and 177-3. (Signed by Judge Valerie E. Caproni on 6/25/2020) (ap) (Entered: 06/26/2020)
6/23/2020FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated June 23,2020 re: Removal of Exhibit 3 from docket 176 and 177 . Document filed by Albert McDuffie. (Attachments: # 1 Exhibit Ex Revised Mitigation Report)(Dunn, Thomas) (Entered: 06/23/2020)
6/15/2020MEMO ENDORSEMENT as to Perry Wells on re: 205 Letter filed by USA The Government writes to update the Court in response to the Order at Docket No. 199, which directs the Government to file an update with the Court by June 11, 2020, regarding the status of Mr. Wellss furlough application with the Bureau of Prisons...ENDORSEMENT...A further update is due by July 10, 2020 (Signed by Judge Valerie E. Caproni on 6/15/20)(jw) (Entered: 06/15/2020)
6/12/2020 LETTER by USA as to Perry Wells addressed to Judge Valerie E. Caproni from L. Pellegrino dated 6/12/2020 re: re Wells status update Document filed by USA. (Pellegrino, Louis) (Entered: 06/12/2020)
6/11/2020Set/Reset Hearings as to Steve Campbell: Sentencing set for 9/23/2020 at 02:00 PM before Judge Valerie E. Caproni. (lnl) (Entered: 06/11/2020)
6/11/2020Set/Reset Hearings as to Albert McDuffie: Sentencing set for 9/23/2020 at 11:00 AM before Judge Valerie E. Caproni. (lnl) (Entered: 06/11/2020)
6/11/2020Set/Reset Hearings as to Silvestre Mahon: Sentencing set for 9/9/2020 at 02:00 PM before Judge Valerie E. Caproni. (lnl) (Entered: 06/11/2020)
6/11/2020Set/Reset Hearings as to Jamal Watson: Sentencing set for 9/9/2020 at 11:00 AM before Judge Valerie E. Caproni. (lnl) (Entered: 06/11/2020)
6/11/2020MEMO ENDORSEMENT as to Jamal Watson, Steve Campbell, Albert McDuffie, Silvestre Mahon on re: 202 LETTER by USA to addressed to Judge Valerie E. Caproni from Adam S. Hobson dated June 10, 2020 re: Sentencing Adjournments. ENDORSEMENT: The July 1 sentencing for Mr. Watson is adjourned to September 9, 2020, at 11:00 A.M. Sentencing submissions are due by August 27, 2020. The July 1 sentencing for Mr. Mahon is adjourned to September 9, 2020, at 2:00 P.M. Sentencing submissions are due by August 27, 2020. The June 30 sentencing for Mr. McDuffie is adjourned to September 23, 2020, at 11:00 A.M. Sentencing submissions are due by September 9, 2020. The June 30 sentencing for Mr. Campbell is adjourned to September 23, 2020, at 2:00 P.M. Sentencing submissions are due by September 9, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/11/2020) (lnl) (Entered: 06/11/2020)
6/11/2020Attorney update in case as to Steve Campbell (3). Attorney Richard Bruce Lind for Steve Campbell added. Attorney Kenneth Alan Paul terminated. (bw) (Entered: 06/11/2020)
6/11/2020ORDER as to (19-Cr-212-03) Steve Campbell. The C.J.A. attorney assigned to this case, Kenneth Paul, is hereby ordered substituted and the representation of the defendant in the above captioned matter is assigned to Richard Lind, NUNC-PRO-TUNC May 14, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/15/2020)(bw) (Entered: 06/11/2020)
6/10/2020 LETTER by USA as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook addressed to Judge Valerie E. Caproni from Adam S. Hobson dated June 10, 2020 re: Sentencing Adjournments Document filed by USA. (Hobson, Adam) (Entered: 06/10/2020)
5/18/2020MEMO ENDORSEMENT as to Albert McDuffie on 200 LETTER by USA as to Albert McDuffie addressed to Judge Valerie E. Caproni from L. Pellegrino dated 5/15/2020 re: McDuffie status update. ENDORSEMENT: An update is due by July 17, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/18/2020) (lnl) (Entered: 05/18/2020)
5/15/2020 LETTER by USA as to Albert McDuffie addressed to Judge Valerie E. Caproni from L. Pellegrino dated 5/15/2020 re: McDuffie status update Document filed by USA. (Pellegrino, Louis) (Entered: 05/15/2020)
5/14/2020MEMO ENDORSEMENT as to Perry Wells on re: 198 LETTER by USA as to Perry Wells addressed to Judge Valerie E. Caproni from L. Pellegrino dated 5/14/2020 re: Perry Wells. ENDORSEMENT: The Government is directed to file an update with the Court by June 11, 2020, explaining the status of Mr. Wells' request and whether BOP has taken any action in response to the application. (Signed by Judge Valerie E. Caproni on 5/14/2020) (ap) (Entered: 05/14/2020)
5/14/2020 LETTER by USA as to Perry Wells addressed to Judge Valerie E. Caproni from L. Pellegrino dated 5/14/2020 re: Perry Wells Document filed by USA. (Attachments: # 1 Exhibit A)(Pellegrino, Louis) (Entered: 05/14/2020)
5/8/2020MEMO ENDORSEMENT as to Jamal Watson on re: 196 Request for Permission to Travel...ENDORSEMENT...Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/8/20)(jw) (Entered: 05/08/2020)
5/8/2020FIRST LETTER by Jamal Watson addressed to Judge Valerie E. Caproni from ROBERT DIDIO, ESQ dated MAY 8, 2020 re: Request for Permission to Travel (DiDio, Robert) (Entered: 05/08/2020)
4/29/2020ORDER as to Perry Wells. IT IS HEREBY ORDERED THAT Mr. Wells compassionate release motion is held in abeyance pending the submission by Mr. Wells of a furlough request to the BOP. If Mr. Wells chooses to request release on furlough, he is authorized to inform the Bureau of Prisons that his request comes with the strong recommendation of this Court. No later than May 14, 2020, the Government must inform the Court whether Mr. Wells made a furlough request and, if so, when BOP will act on the request (Government Responses due by 5/14/2020). (Signed by Judge Valerie E. Caproni on 4/29/20)(jw) (Entered: 04/29/2020)
4/24/2020 LETTER by USA as to Perry Wells addressed to Judge Valerie E. Caproni from L. Pellegrino dated 4/24/2020 re: opposition to release (Wells) Document filed by USA. (Pellegrino, Louis) (Entered: 04/24/2020)
4/20/2020Set/Reset Hearings as to Silvestre Mahon: Sentencing set for 7/1/2020 at 02:00 PM before Judge Valerie E. Caproni. (ap) (Entered: 04/20/2020)
4/20/2020Set/Reset Hearings as to Jamal Watson: Sentencing set for 7/1/2020 at 11:00 AM before Judge Valerie E. Caproni. (ap) (Entered: 04/20/2020)
4/20/2020ORDER as to Jamal Watson, Silvestre Mahon: IT IS HEREBY ORDERED THAT the sentencing hearing for Mr. Watson is adjourned to 11:00 A.M. on July 1, 2020. The sentencing hearing for Mr. Mahon is adjourned to 2:00 P.M. on July 1, 2020. Sentencing submissions from the parties in both matters are due by June 17, 2020. (Signed by Judge Valerie E. Caproni on 4/20/2020) (ap) Modified on 4/21/2020 (ap). (Entered: 04/20/2020)
4/15/2020TRANSCRIPT of Proceedings as to Karl Duncan re: Sentence held on 2/28/2020 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/6/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/14/2020. (McGuirk, Kelly) (Entered: 04/15/2020)
4/13/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Russell Cook. 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 Russell Cook re: Sentence held on 3/2/2020 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/4/2020. Redacted Transcript Deadline set for 5/14/2020. Release of Transcript Restriction set for 7/13/2020. (McGuirk, Kelly) (Entered: 04/13/2020)
4/9/2020Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Status Conference as to Albert McDuffie held on 4/9/2020. Defendant Albert McDuffie present via telephone with attorney Thomas Dunn present. AUSA Adam Hobson present. Pretrial Officer Ashley Cosme present. Court Reporter Sonya Moore present. Bail conditions reviewed and corrected. Sentencing set for June 30, 2020 at 11:00 a.m. Submissions for both parties due June 16, 2020. (Sentencing set for 6/30/2020 at 11:00 AM before Judge Valerie E. Caproni) (lnl) (Entered: 04/09/2020)
4/9/2020ORDER as to Albert McDuffie: IT IS HEREBY ORDERED that Mr. McDuffie's bond is deemed to impose a condition of home incarceration, rather than home detention, to obviate the need for re-execution of the relevant papers. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/9/2020) (lnl) (Entered: 04/09/2020)
4/8/2020Appearance Bond Entered as to Albert McDuffie: $75,000 Personal Recognizance Bond; To be cosigned by two financially responsible persons; Additional Conditions.... (jbo) (Entered: 05/18/2021)
4/8/2020MEMO ENDORSEMENT as to (19-Cr-212-02) Perry Wells on re: 186 LETTER MOTION filed by Perry Wells addressed to Judge Valerie E. Caproni from Attorney Bradley L. Henry dated April 7, 2020 re: Reduction of Sentence Due to Covid-19. ENDORSEMENT: As soon as practicable and no later than April 15, 2020, defense counsel must specify the "underlying health issues" that place Mr. Wells at high-risk, and file, under seal, any corroborating health records and documents. Within ten days of the supplemental submission and thus no later than April 25, 2020, the Government must file a response to the motion and also indicate whether the BOP intends to move to reduce Mr. Wells' sentence. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/8/2020)(bw) (Entered: 04/08/2020)
4/8/2020ORDER as to Albert McDuffie: IT IS HEREBY ORDERED that Mr. McDuffie and his counsel, along with Pretrial Services and counsel for the Government, must appear for a teleconference with the Court on April 9, 2020, at 10:00 A.M., to review Mr. McDuffie's bail conditions. Counsel for the parties, and all interested members of the public, must attend the hearing by calling 1-888-363-4749, using the access code 3121171 and the security code 6351. Callers who are not speaking at the hearing are reminded to mute their phones to avoid disrupting the proceeding. SO ORDERED.(Telephone Conference set for 4/9/2020 at 10:00 AM before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 4/8/2020) (lnl) (Entered: 04/08/2020)
4/7/2020 LETTER MOTION addressed to Judge Valerie E. Caproni from Bradley L. Henry dated April 7, 2020 re: Reduction of Sentence Due to Covid-19 . Document filed by Perry Wells. (Attachments: # 1 Exhibit Affidavit Brie Williams, # 2 Exhibit Ltr to Warden)(Henry, Bradley) (Entered: 04/07/2020)
4/7/2020185SEALED DOCUMENT placed in vault. (mhe) (Entered: 04/07/2020)
4/3/2020ORDER as to Steve Campbell: The sentencing hearing currently scheduled for April 17, 2020, is adjourned to June 30, 2020, at 2:00 P.M. Sentencing submissions are due not later than June 16, 2020. (Sentencing set for 6/30/2020 at 02:00 PM before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 4/3/2020) (ap) (Entered: 04/03/2020)
4/3/2020MEMORANDUMOPINION AND ORDER as to Albert McDuffie. For the reasons stated above, Defendant Albert McDuffie is ordered released immediately upon compliance with the applicable conditions. Upon Mr. McDuffie's release, defense counsel must propose a time and date within 72 hours for a teleconference with the Court that is convenient to the Government by filing a letter on ECF. No later than May 15, 2020, the parties must submit a joint letter discussing whether extraordinary reasons compelling Mr. McDuffie's release continue to exist. Mr. McDuffie's sentencing hearing is adjourned from May 8, 2020, to June 30, 2020, at 11:00 A.M. Sentencing submissions are due by June 16, 2020. The Clerk of Court is respectfully directed to terminate docket entries 177 and 178. (Sentencing set for 6/30/2020 at 11:00 AM before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 4/3/2020) (ap) (Entered: 04/03/2020)
4/3/2020FIRST LETTER by Albert McDuffie addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated April 3, 2020 re: provide address of potential third party custodian (Dunn, Thomas) (Entered: 04/03/2020)
4/3/2020ORDER as to Albert McDuffie: IT IS HEREBY ORDERED THAT defense counsel immediately file a letter containing Zeshawn McDuffie's primary residential address, where Defendant would be confined if released. (Signed by Judge Valerie E. Caproni on 4/3/2020) (ap) (Entered: 04/03/2020)
4/2/2020Minute Entry for proceedings held before Judge Valerie E. Caproni:Telephone Conference as to Albert McDuffie held on 4/2/2020. Defendant Albert McDuffie presence waived by attorney Thomas Dunn present. AUSA's Adam Hobson and Louis Pellegrino present. Sean McDuffie present. Court Reporter Pam Utter present. Judge is in further review of bail motion. Decision not rendered. (jw) (Entered: 04/02/2020)
3/31/2020ORDER as to Albert McDuffie: IT IS HEREBY ORDERED THAT counsel for all parties must appear by telephone for an oral argument on the motion on April 2, 2020, at 11:00 A.M. Counsel for the parties, and all interested members of the public, must attend the hearing by calling 1-888-363-4749, using the access code 3121171. No later than April 1, 2020, counsel for Defendant must file, under seal, any relevant documentation of Mr. McDuffie's health condition. SO ORDERED. (Telephone Oral Argument set for 4/2/2020 at 11:00 AM before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 3/31/2020) (lnl) (Entered: 03/31/2020)
3/30/2020LETTER RESPONSE in Opposition by USA as to Albert McDuffie addressed to Judge Valerie E. Caproni from Adam S. Hobson dated March 30, 2020 re: 178 LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated March 30, 2020 re: release on compassionate grounds correction.. (Hobson, Adam) (Entered: 03/30/2020)
3/30/2020 LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated March 30, 2020 re: release on compassionate grounds correction. Document filed by Albert McDuffie. (Dunn, Thomas) (Entered: 03/30/2020)
3/29/2020FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated March 29, 2020 re: compassion release because of coronavirus . Document filed by Albert McDuffie. (Attachments: # 1 Exhibit Ex 1 Senator Kamala Harris BOP letter, # 2 Exhibit Ex 2 Congressman Nadler, # 3 Exhibit Ex 3 Mitigation Report)(Dunn, Thomas) (Entered: 03/29/2020)
3/29/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Albert McDuffie: Notice to Attorney Dunn, Thomas to RE-FILE Document 176 FIRST MOTION for Bond for release on Bail Conditions Because of Coronavirus. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 03/29/2020)
3/29/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Bond for release on Bail Conditions Because of Coronavirus. Document filed by Albert McDuffie. (Attachments: # 1 Exhibit Ex 1 Senator Kamala Harris letter to BOP, # 2 Exhibit Ex 2 Letter from Congressman Nadler, # 3 Exhibit Ex 3 Mitigation Report)(Dunn, Thomas) Modified on 3/29/2020 (ka). (Entered: 03/29/2020)
3/24/2020ORDER as to Jamal Watson. ORDERED that the defendant's bail be modified to remove thecondition of home detention with GPS monitoring. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/24/2020)(jbo) (Entered: 03/24/2020)
3/13/2020ORDER as to Silvestre Mahon: IT IS HEREBY ORDERED THAT the sentencing is adjourned to May 5, 2020, at 2:00 P.M. Sentencing submissions are due by April 21, 2020. SO ORDERED. (Sentencing set for 5/5/2020 at 02:00 PM before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 3/13/2020) (lnl) (Entered: 03/16/2020)
3/13/2020ORDER as to Albert McDuffie: IT IS HEREBY ORDERED THAT the sentencing is adjourned to May 8, 2020, at 3:00 P.M. Sentencing submissions are due by April 24, 2020. SO ORDERED. (Sentencing set for 5/8/2020 at 03:00 PM before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 3/13/2020) (lnl) (Entered: 03/16/2020)
3/13/2020ORDER as to Jamal Watson: IT IS HEREBY ORDERED THAT the sentencing is adjourned to May 5, 2020, at 11:00 A.M. Sentencing submissions are due by April 21, 2020. SO ORDERED. (Sentencing set for 5/5/2020 at 11:00 AM before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 3/13/2020) (lnl) (Entered: 03/16/2020)
3/2/2020JUDGMENT IN A CRIMINAL CASE as to Russell Cook (9), Pleaded guilty to Count(s) 1, Probation for a term of Four Years. For the first 6 months of probation defendant will be subject to a curfew from 9:30pm to 5:00am unless excused by his Probation Officer. For every month of probation, defendant must do at least 10 hours of community service - preferably working with at risk youths, but that is not a firm requirement. Defendant may not go to any casino or other location where bets are taken during the period of probation. Special Assessment of $100 which is due immediately (Signed by Judge Valerie E. Caproni on 3/2/20)(jw) (Entered: 03/02/2020)
3/2/2020Minute Entry for proceedings held before Judge Valerie E. Caproni: Sentencing held on 3/2/2020 for Russell Cook (9) Count 1. Defendant Russell Cook present with attorneys Jason Foy and Eric Sarraga. AUSA Louis Pellegrino present. Court Reporter Khris Sellin present. Defendant sentenced. Bail conditions continued. (see Judgment) (jbo) (Entered: 03/02/2020)
2/28/2020JUDGMENT IN A CRIMINAL CASE as to Karl Duncan (4). The defendant pleaded guilty to Count(s) 1. Imprisonment: 6 years to be served concurrently with the defendant's sentence of his pending charges in Connecticut; Supervised Release: 4 years. The court makes the following recommendations to the Bureau of Prisons: The defendant be designated in a facility close to Danbury, CT or in New Jersey and be considered for placement into RDAP. Assessment: $100.00 due immediately. (Signed by Judge Valerie E. Caproni on 2/28/2020)(jbo) (Entered: 02/28/2020)
2/28/2020Minute Entry for proceedings held before Judge Valerie E. Caproni: Sentencing held on 2/28/2020 for Karl Duncan (4) Count 1. Defendant Karl Duncan present with attorneys Michael Bradley and Margaret Shalley. AUSA Louis Pellegrino present. Court Reporter Mike McDaniel present. Defendant sentenced. Remand continued. (see Judgment) (Court Reporter Michael McDaniel) (ap) (Entered: 02/28/2020)
2/27/2020SENTENCING SUBMISSION by Russell Cook. (Attachments: # 1 Exhibit Exhibit G: Letter from George Carroll)(Foy, Jason) (Entered: 02/27/2020)
2/25/2020Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Perry Wells re: 164 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 02/25/2020)
2/25/2020Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Perry Wells to US Court of Appeals re: 164 Notice of Appeal - Final Judgment. (tp) (Entered: 02/25/2020)
2/25/2020Appeal Remark as to Perry Wells re: 164 Notice of Appeal - Final Judgment. $505.00 APPEAL FEE WAIVED. ATTORNEY CJA. (tp) (Entered: 02/25/2020)
2/25/2020NOTICE OF APPEAL by Perry Wells from 157 Judgment. (tp) (Entered: 02/25/2020)
2/25/2020TRANSCRIPT REQUEST (FORM B) by Perry Wells for a Pre-trial proceeding (Arraignment Plea) and a Sentence proceeding before Judge Valerie E. Caproni. Transcript due by 3/6/2020. (tp) (Entered: 02/25/2020)
2/19/2020SENTENCING SUBMISSION by USA as to Russell Cook. (Hobson, Adam) (Entered: 02/19/2020)
2/18/2020SENTENCING SUBMISSION by Russell Cook. (Attachments: # 1 Exhibit Exhibit G)(Foy, Jason) (Entered: 02/18/2020)
2/18/2020SENTENCING SUBMISSION by USA as to Karl Duncan. (Hobson, Adam) (Entered: 02/18/2020)
2/17/2020SENTENCING SUBMISSION by Russell Cook. (Attachments: # 1 Exhibit Exhibits A-D, # 2 Exhibit Exhibits E-G)(Foy, Jason) (Entered: 02/17/2020)
2/14/2020SENTENCING SUBMISSION by Karl Duncan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bradley, Michael) (Entered: 02/14/2020)
2/11/2020JUDGMENT IN A CRIMINAL CASE as to Perry Wells (2). THE DEFENDANT: pleaded guilty to count One. IMPRISONMENT: Ninety (90) months. The court makes the following recommendations to the Bureau of Prisons: The defendant be designated to FCI Fort Dix. SUPERVISED RELEASE: Four (4) years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Valerie E. Caproni on 2/11/2020) (ap) (Entered: 02/11/2020)
2/11/2020Minute Entry for proceedings held before Judge Valerie E. Caproni: Sentencing held on 2/11/2020 for Perry Wells (2) Count 1. Defendant Perry Wells present with attorney Bradley Henry present. AUSA's Adam Hobson and Louis Pellegrino present. Defendant sentenced. Remand continued.(see Judgment). (Court Reporter Elizabeth Chan) (ap) (Entered: 02/11/2020)
2/10/2020SENTENCING SUBMISSION by Perry Wells. (Attachments: # 1 Supplement Character Letters redacted)(Henry, Bradley) (Entered: 02/10/2020)
2/7/2020ORDER as to Leo Russ. WHEREAS the Government has dismissed all charges against Mr. Leo Russ; IT IS HEREBY ORDERED THAT the jury trial currently scheduled for February 24, 2020, is CANCELLED. All pretrial deadlines, including the final pretrial conference scheduled for February 20, 2020, are also CANCELLED. The Clerk of Court is respectfully directed to dismiss Mr. Russ as a defendant. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/7/20)(jbo) (Entered: 02/07/2020)
2/7/2020NOLLE PROSEQUI ENTERED as to Leo Russ (8) Count 1. (Signed by Judge Valerie E. Caproni on 2/7/20)(jbo) (Entered: 02/07/2020)
2/7/2020SENTENCING SUBMISSION by USA as to Perry Wells. (Pellegrino, Louis) (Entered: 02/07/2020)
2/5/2020Set/Reset Hearings as to Perry Wells: Sentencing set for 2/11/2020 at 11:30 AM before Judge Valerie E. Caproni. (jbo) (Entered: 02/06/2020)
2/5/2020MEMO ENDORSED as to Perry Wells re: 151 Letter...ENDORSEMENT: Because Mr. Wells is awaiting sentence, he cannot be re-designated to another facility at this time. The sentencing hearing currently scheduled for February 21, 2020, is rescheduled to February 11, 2020, at 11:30 A.M. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/5/20)(jbo) (Entered: 02/06/2020)
2/3/2020 LETTER addressed to Judge Valerie E. Caproni from Mr. Perry Wells dated 1/13/20 re: Letter from Mr. Perry Wells (jw) (Entered: 02/04/2020)
1/31/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jamal Watson. Notice is hereby given that an official transcript of a Plea proceeding held on 12/18/2019 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: 01/31/2020)
1/31/2020TRANSCRIPT of Proceedings as to Jamal Watson re: Plea held on 12/18/19 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Sonya Ketter Moore, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/21/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/30/2020. (McGuirk, Kelly) (Entered: 01/31/2020)
1/24/2020Set/Reset Hearings as to Steve Campbell: Sentencing set for 4/17/2020 at 02:00 PM before Judge Valerie E. Caproni. (jbo) (Entered: 01/27/2020)
1/24/2020ORDER as to Steve Campbell. The sentencing hearing currently scheduled for March 16, 2020, is adjourned to April 17, 2020, at 2:00 P.M. Sentencing submissions are due not later than April 3, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/24/20) (jbo) (Entered: 01/27/2020)
1/21/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Albert McDuffie. Notice is hereby given that an official transcript of a Plea proceeding held on 12/20/2019 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: 01/21/2020)
1/21/2020TRANSCRIPT of Proceedings as to Albert McDuffie re: Plea held on 12/20/2019 before Judge Valerie E. Caproni. 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 2/11/2020. Redacted Transcript Deadline set for 2/21/2020. Release of Transcript Restriction set for 4/20/2020. (McGuirk, Kelly) (Entered: 01/21/2020)
1/13/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Silvestre Mahon. Notice is hereby given that an official transcript of a Plea proceeding held on 12/13/19 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: 01/13/2020)
1/13/2020TRANSCRIPT of Proceedings as to Silvestre Mahon re: Plea held on 12/31/19 before Judge Valerie E. Caproni. 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 2/3/2020. Redacted Transcript Deadline set for 2/13/2020. Release of Transcript Restriction set for 4/13/2020. (McGuirk, Kelly) (Entered: 01/13/2020)
1/8/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Steve Campbell. Notice is hereby given that an official transcript of a Plea proceeding held on 12/6/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/08/2020)
1/8/2020TRANSCRIPT of Proceedings as to Steve Campbell re: Plea held on 12/6/19 before Judge Valerie E. Caproni. 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 1/29/2020. Redacted Transcript Deadline set for 2/10/2020. Release of Transcript Restriction set for 4/7/2020. (McGuirk, Kelly) (Entered: 01/08/2020)
12/20/2019ENDORSED LETTER as to Russell Cook addressed to Judge Valerie E. Caproni from Simone Belgrave dated 12/20/19 re: Reschedule Sentencing....ENDORSEMENT: An Adjournment is Granted: New Date of Sentence is March 2, 2020 at 2:00pm in Courtroom 443, 40 Foley Square( Sentencing set for 3/2/2020 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 12/20/19)(jw) (Entered: 12/20/2019)
12/20/2019ENDORSED LETTER as to Leo Russ addressed to Judge Valerie E. Caproni from Louis A. Pellegrino dated 12/20/2019 re: Reschedule Conference...ENDORSEMENT: The January 27 trial is adjourned to February 24, 2020 at 10:00am. The final pretrial conference is adjourned to February 20, 2020 at 2:00pm. Proposed requests to charge and voir dire questions must be submitted no later than January 31, 2020. Giglo material, premarked Government exhibits, a Government exhibit list, and a Government witness list should be provided no later than February 21, 2020. Time is hereby excluded between now and February 24, 2020, for purposes of the Speedy Trial Act, to allow the parties time to continue their negotiations. The Court finds that the ends of justice in granting the exclusion outweigh the interests in a speedy trial ( Jury Trial set for 2/24/2020 at 10:00 AM before Judge Valerie E. Caproni., Pretrial Conference set for 2/20/2020 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 12/20/2019)(jw) (Entered: 12/20/2019)
12/20/2019Set/Reset Hearings as to Albert McDuffie: Sentencing set for 4/8/2020 at 11:00 AM before Judge Valerie E. Caproni. (jbo) (Entered: 12/20/2019)
12/20/2019Order of Referral to Probation for Presentence Investigation and Report as to Albert McDuffie. (Signed by Judge Valerie E. Caproni on 12/20/19)(jbo) (Entered: 12/20/2019)
12/20/2019Change of Not Guilty Plea to Guilty Plea as to Albert McDuffie (5) Count 1. (jbo) (Entered: 12/20/2019)
12/20/2019Minute Entry for proceedings held before Judge Valerie E. Caproni: Plea entered by Albert McDuffie (5) Guilty as to Count 1. (jbo) (Entered: 12/20/2019)
12/20/2019Minute Entry for proceedings held before Judge Valerie E. Caproni: Change of Plea Hearing as to Albert McDuffie held on 12/20/2019. Defendant Albert McDuffie present with attorney Thomas Dunn. AUSA Louis Pellegrino present. Court Reporter Alena Lynch present. Defendant plea of not guilty withdrawn and a plea of guilty entered to the lesser included of offense of Count 1 in the Indictment. Court accepted the plea. Defendant remand continued. PSR ordered. Sentencing scheduled for April 8, 2020 at 11:00 a.m. Submissions due March 25, 2020. (jbo) (Entered: 12/20/2019)
12/20/2019 LETTER by USA as to Leo Russ addressed to Judge Valerie E. Caproni from L. Pellegrino dated 12/20/2019 re: trial date Document filed by USA. (Pellegrino, Louis) (Entered: 12/20/2019)
12/19/2019Set/Reset Deadlines/Hearings as to Karl Duncan: Sentencing set for 2/28/2020 at 02:00 PM before Judge Valerie E. Caproni. (jw) (Entered: 12/19/2019)
12/19/2019MEMO ENDORSEMENT granting 133 LETTER MOTION Reschedule Sentencing as to Karl Duncan...ENDORSEMENT...Sentencing is adjourned to February 28, 2020 at 2:00pm. Sentencing submissions are due no later than February 14, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/9/2019) (jw) (Entered: 12/19/2019)
12/19/2019 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael D. Bradley dated December 19, 2019 re: Requesting an adjournment of sentencing . Document filed by Karl Duncan. (Bradley, Michael) (Entered: 12/19/2019)
12/18/2019Order of Referral to Probation for Presentence Investigation and Report as to Jamal Watson. (Signed by Judge Valerie E. Caproni on 12/18/19)(jbo) (Entered: 12/18/2019)
12/18/2019Set/Reset Hearings as to Jamal Watson: Sentencing set for 4/6/2020 at 11:00 AM before Judge Valerie E. Caproni. (jbo) (Entered: 12/18/2019)
12/18/2019Change of Not Guilty Plea to Guilty Plea as to Jamal Watson (1) Count 1. (jbo) (Entered: 12/18/2019)
12/18/2019Minute Entry for proceedings held before Judge Valerie E. Caproni: Plea entered by Jamal Watson (1) Guilty of Lesser Offense as to Count 1. (jbo) (Entered: 12/18/2019)
12/18/2019Minute Entry for proceedings held before Judge Valerie E. Caproni: Change of Plea Hearing as to Jamal Watson held on 12/18/2019. Defendant is present with attorney Joseph Lobosco. AUSAs Hobson and Pellegrino are also present. Court Reporter Sonya Moore present. Defendant's plea of NOT GUILTY withdrawn and a plea of guilty entered as to a lesser included offense of Count I of the Indictment. The Court deferred ruling on the plea. Bail continued. Sentencing scheduled for April 6, 2020 at 11:00 a.m. Submissions due March 23, 2020. PSR ordered. (jbo) (Entered: 12/18/2019)
12/17/2019ENDORSED LETTER as to Albert McDuffie addressed to Judge Valerie E. Caproni from Louis A. Pellegrino dated 12/17/2019 re: Reschedule Hearing....ENDORSEMENT: A hearing is hereby scheduled for 10:30am on December 20, 2019 in Courtroom 15C at 500 Pearl Street, NY, NY 10007( Change of Plea Hearing set for 12/20/2019 at 10:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 12/17/2019)(jw) (Entered: 12/17/2019)
12/17/2019 LETTER by USA as to Albert McDuffie addressed to Judge Valerie E. Caproni from L. Pellegrino dated 12/17/2019 re: Plea Document filed by USA. (Pellegrino, Louis) (Entered: 12/17/2019)
12/17/2019ORDER as to Jamal Watson. It is hereby ORDERED that the hearing currently scheduled for Wednesday, December 18, 2019, will be held in Courtroom 15C, 500 Pearl Street. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/17/2019)(jw) (Entered: 12/17/2019)
12/13/2019Minute Entry for proceedings held before Judge Valerie E. Caproni as to Silvestre Mahon; Sentencing set for 4/3/2020 at 02:00 PM before Judge Valerie E. Caproni. (jw) (Entered: 12/17/2019)
12/13/2019Order of Referral to Probation for Presentence Investigation and Report as to Silvestre Mahon. (Signed by Judge Valerie E. Caproni on 12/13/19)(jw) (Entered: 12/17/2019)
12/13/2019Minute Entry for proceedings held before Judge Valerie E. Caproni: Plea entered by Silvestre Mahon (6) Guilty as to Count 1. (jw) (Entered: 12/17/2019)
12/13/2019Change of Not Guilty Plea to Guilty Plea as to Silvestre Mahon (6) Count 1. (jw) (Entered: 12/17/2019)
12/13/2019Minute Entry for proceedings held before Judge Valerie E. Caproni:Change of Plea Hearing as to Silvestre Mahon held on 12/13/2019. Defendant present with attorney Xavier Donaldson. AUSA Adam Hobson present. Court ReporterKelly Surina present. Defendant's plea of NOT GUILTY withdrawn and a plea of GUILTY entered as to the lesser of the included offense in Count 1 to the Indictment. Court accepts plea. Sentencing set for April 3, 2020 at 2:00 p.m. Submissions due March 20, 2020. Defendant bail continued. PSR Ordered. (jw) (Entered: 12/17/2019)
12/13/2019129SEALED DOCUMENT placed in vault. (mhe) (Entered: 12/16/2019)
12/13/2019Set/Reset Hearings as to Jamal Watson: Change of Plea Hearing set for 12/18/2019 at 11:00 AM before Judge Valerie E. Caproni. (jbo) (Entered: 12/13/2019)
12/13/2019MEMO ENDORSED as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook re: 127 Letter on plea...ENDORSEMENT: Application GRANTED. Unless stated otherwise in a later notice, the proceeding is expected to take place in Courtroom 443 at 40 Foley Square, New York, New York, 10007. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/13/19)(jbo) (Entered: 12/13/2019)
12/12/2019 LETTER by USA as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook addressed to Judge Valerie E. Caproni from L. Pellegrino dated 12/12/2019 re: plea Document filed by USA. (Pellegrino, Louis) (Entered: 12/12/2019)
12/11/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Perry Wells. Notice is hereby given that an official transcript of a Plea proceeding held on 11/14/19 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: 12/11/2019)
12/11/2019TRANSCRIPT of Proceedings as to Perry Wells re: Plea held on 11/14/19 before Judge Valerie E. Caproni. 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 1/2/2020. Redacted Transcript Deadline set for 1/13/2020. Release of Transcript Restriction set for 3/10/2020. (McGuirk, Kelly) (Entered: 12/11/2019)
12/11/2019ORDER as to Silvestre Mahon: IT IS HEREBY ORDERED THAT the parties appear for a hearing on December 13, 2019, at 3:00 P.M. in Courtroom 15C at 500 Pearl Street, New York, New York 10007. (Change of Plea Hearing set for 12/13/2019 at 03:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 12/11/2019) (ap) (Entered: 12/11/2019)
12/9/2019ORDER as to (S2-19-Cr-212-03) Steve Campbell. WHEREAS on December 6, 2019, the parties appeared for a change of plea hearing with this Court; and WHEREAS at the December 6, 2019 conference, Defendant waived indictment and entered a plea of guilty to Count 1 of the S2 Information; and WHEREAS the Court deferred ruling on Defendant's plea; IT IS HEREBY ORDERED THAT sentencing is scheduled for March 16, 2020 at 11:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. Sentencing submissions from both sides are due not later than March 2, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/9/2019)(bw) (Entered: 12/09/2019)
12/6/2019Order of Referral to Probation for Presentence Investigation and Report as to Steve Campbell. (jm) (Entered: 12/09/2019)
12/6/2019Minute Entry for proceedings held before Judge Valerie E. Caproni: Defendant is present with attorney Kenneth Paul; AUSAs Hobson and Pellegrino are also present. Arraignment as to Steve Campbell (3) Count 1s held on 12/6/2019. Plea entered by Steve Campbell (3) Guilty as to Count 1s., as to Steve Campbell. The Court deferred ruling on the plea. Bail continued PSR ordered. ( Submissions due by 3/2/2020., Sentencing set for 3/16/2020 at 11:00 AM before Judge Valerie E. Caproni.) (Court Reporter Martha Martin) (jm) Modified on 10/29/2020 (ap). Modified on 10/29/2020 (ap). (Entered: 12/09/2019)
12/6/2019WAIVER OF INDICTMENT by Steve Campbell. (jm) (Entered: 12/09/2019)
12/6/2019(S2) SUPERSEDING INFORMATION (Felony) filed as to Steve Campbell (3) count(s) 1s. (jm) (Entered: 12/09/2019)
12/3/2019ORDER as to Steve Campbell. It is hereby ORDERED that the hearing currently scheduled for Friday, December 6, 2019, will be held in Courtroom 15C, 500 Pearl Street. (Signed by Judge Valerie E. Caproni on 12/3/2019)(jw) (Entered: 12/03/2019)
11/26/2019MEMO ENDORSEMENT as to Robert Cherry (7) granting 118 LETTER MOTION addressed to Judge Valerie E. Caproni from Guy Oksenhendler, Esq. dated November 26, 2019 re: Request for Interim CJA Payment. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/26/2019) (lnl) (Entered: 11/26/2019)
11/26/2019 LETTER MOTION addressed to Judge Valerie E. Caproni from Guy Oksenhendler, Esq. dated November 26, 2019 re: Request for Interim CJA Payment . Document filed by Robert Cherry. (Oksenhendler, Guy) (Entered: 11/26/2019)
11/25/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Russell Cook. Notice is hereby given that an official transcript of a Plea proceeding held on 10/31/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/25/2019)
11/25/2019TRANSCRIPT of Proceedings as to Russell Cook re: Plea held on 10/31/19 before Judge Valerie E. Caproni. 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 12/16/2019. Redacted Transcript Deadline set for 12/26/2019. Release of Transcript Restriction set for 2/24/2020. (McGuirk, Kelly) (Entered: 11/25/2019)
11/22/2019MEMO ENDORSEMENT as to Steve Campbell on re: 114 LETTER by USA as to Steve Campbell addressed to Judge Valerie E. Caproni from Adam S. Hobson dated 11/22/2019 re: Plea Scheduling. ENDORSEMENT: A hearing is hereby scheduled for December 6, 2019, at 11:30 A.M. (Change of Plea Hearing set for 12/6/2019 at 11:30 AM before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 11/22/2019) (ap) (Entered: 11/22/2019)
11/22/2019 LETTER by USA as to Steve Campbell addressed to Judge Valerie E. Caproni from Adam S. Hobson dated 11/22/2019 re: Plea Scheduling Document filed by USA. (Hobson, Adam) (Entered: 11/22/2019)
11/14/2019ORDER as to Perry Wells( Sentencing set for 2/21/2020 at 02:00 PM before Judge Valerie E. Caproni.)IT IS HEREBY ORDERED THAT sentencing is scheduled for February 21, 2020 at 2:00 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. Sentencingsubmissions from both sides are due not later than February 7, 2020. (Signed by Judge Valerie E. Caproni on 11/14/19)(jw) (Entered: 11/14/2019)
11/14/2019Order of Referral to Probation for Presentence Investigation and Report as to Perry Wells. (Signed by Judge Valerie E. Caproni on 11/14/19)(jbo) (Entered: 11/14/2019)
11/14/2019Set/Reset Hearings as to Perry Wells: Sentencing set for 11/25/2019 at 02:00 PM before Judge Valerie E. Caproni. (jbo) (Entered: 11/14/2019)
11/14/2019Change of Not Guilty Plea to Guilty Plea as to Perry Wells (2) Count 1. (jbo) (Entered: 11/14/2019)
11/14/2019Minute Entry for proceedings held before Judge Valerie E. Caproni: Plea entered by Perry Wells (2) Guilty of Lesser Offense as to Count 1. (jbo) (Entered: 11/14/2019)
11/14/2019Minute Entry for proceedings held before Judge Valerie E. Caproni: Change of Plea Hearing as to Perry Wells held on 11/14/2019. Defendant present with attorney Bradley Henry. AUSA's Adam Hobson and Louis Pellegrino present. Court Reporter Steve Greenblum present. Defendant's plea of NOT GUILTY withdrawn and a plea of GUILTY entered as to the lesser of the included offense in Count 1. The Court accepted the plea. Sentencing set for 11/25/2019 at 2:00 p.m. Submissions due 11/11/2019. Defendant continued remanded. PSR Ordered. (jbo) (Entered: 11/14/2019)
11/13/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Karl Duncan. Notice is hereby given that an official transcript of a Plea proceeding held on 10/16/19 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: 11/13/2019)
11/13/2019TRANSCRIPT of Proceedings as to Karl Duncan re: Plea held on 10/16/19 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020. (McGuirk, Kelly) (Entered: 11/13/2019)
11/4/2019Terminate Deadlines and Hearings as to Perry Wells (2): Terminated Jury Trial set for 12/2/2019 at 10:00 AM. (bw) (Entered: 11/05/2019)
11/4/2019Set/Reset Deadlines/Hearings as to Jamal Watson (1), Steve Campbell (3), Karl Duncan (4), Albert McDuffie (5), Silvestre Mahon (6), Robert Cherry (7), Leo Russ (8), Russell Cook (9): Pretrial Conference set for 1/22/2020 at 02:00 PM before Judge Valerie E. Caproni. Jury Trial set for 1/27/2020 at 10:00 AM before Judge Valerie E. Caproni. (bw) (Entered: 11/05/2019)
11/4/2019Set/Reset Deadlines/Hearings as to Perry Wells (2): Change of Plea Hearing set for 11/14/2019 at 11:00 AM before Judge Valerie E. Caproni. (bw) (Entered: 11/05/2019)
11/4/2019MEMO ENDORSEMENT as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook on re: 109 LETTER by USA addressed to Judge Valerie E. Caproni from AUSA Adam S. Hobson dated November 4, 2019 re: Scheduling. ENDORSEMENT: A change-of-plea hearing is hereby scheduled for November 14, 2019, at 11:00 A.M. All Defendants proceeding to trial shall appear for trial starting on January 27, 2020, at 10:00 A.M. The trial currently scheduled for December 2, 2019 is CANCELLED. A final pretrial conference is hereby scheduled for January 22, 2020, at 2:00 P.M. Any motions in limine must be filed on or before December 13, 2019; responses in opposition are due on or before December 27, 2019. Proposed requests to charge and voir dire questions must be submitted no later than January 3, 2020. Giglio material, pre-marked Government exhibits, a Government exhibit list, and a Government witness list should be provided no later than January 21, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/4/2019)(bw) (Entered: 11/05/2019)
11/4/2019 LETTER by USA as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook addressed to Judge Valerie E. Caproni from Adam S. Hobson dated November 4, 2019 re: Scheduling Document filed by USA. (Hobson, Adam) (Entered: 11/04/2019)
11/4/2019Terminate Deadlines and Hearings as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook. (ap) (Entered: 11/04/2019)
11/4/2019ORDER as to Jamal Watson (1), Perry Wells (2), Steve Campbell (3), Karl Duncan (4), Albert McDuffie (5), Silvestre Mahon (6), Robert Cherry (7), Leo Russ (8), Russell Cook (9) denying as moot 99 MOTION to Suppress physical evidence. Document filed by Karl Duncan as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook. IT IS HEREBY ORDERED THAT Mr. Duncan's motion to suppress evidence is DENIED as moot. The hearing scheduled for November 7, 2019, is CANCELLED. The Clerk of Court is respectfully directed to terminate the open motion at docket entry 99. (Signed by Judge Valerie E. Caproni on 11/4/2019) (ap) (Entered: 11/04/2019)
10/31/2019Set/Reset Deadlines/Hearings as to Russell Cook: Sentencing set for 2/6/2020 at 02:00 PM before Judge Valerie E. Caproni (jw) (Entered: 12/04/2019)
10/31/2019Minute Entry for proceedings held before Judge Valerie E. Caproni: Plea entered by Russell Cook (9) Guilty as to Count 1. (jw) (Entered: 12/04/2019)
10/31/2019Change of Not Guilty Plea to Guilty Plea as to Russell Cook (9) Count 1. (jw) (Entered: 12/04/2019)
10/31/2019Minute Entry for proceedings held before Judge Valerie E. Caproni:Change of Plea Hearing as to Russell Cook held on 10/31/2019. Defendant Russell Cook present with attorney Jason Foy. AUSA's Adam Hobson and Louis Pellegrino present. Court Reporter Martha Martin present. Defendant's plea of NOT GUILTY withdrawn and a plea of GUILTY entered as to Count 1 of the Superseding Information. The Court deferred ruling on the plea. Sentencing set for February 6, 2020 at 2:00 p.m. Submissions due by January 23, 2020. Defendant's bail conditions continued. PSR Ordered (jw) (Entered: 12/04/2019)
10/16/2019Set/Reset Hearings as to Russell Cook: Change of Plea Hearing set for 10/31/2019 at 02:00 PM before Judge Valerie E. Caproni. (lnl) (Entered: 10/17/2019)
10/16/2019MEMO ENDORSEMENT as to Russell Cook (9) granting 105 FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Jason E. Foy dated October 16, 2019 re: Request to Amend Change of Plea Date. ENDORSEMENT: Application GRANTED. If Mr. Cook intends to plead guilty to a narcotics offense on October 31, 2019, Mr. Cook must inform the Court whether he objects to remand pursuant to 18 U.S.C. §§ 3143(a), 3145(c). Mr. Cook must explain the basis for any objection. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/16/2019) (lnl) (Entered: 10/17/2019)
10/16/2019ORDER as to Karl Duncan. WHEREAS on October 16, 2019, the parties appeared for a change of plea hearing with this Court; and WHEREAS at the October 16, 2019 conference, Defendant entered a plea of guilty to the lesser included offense of Count One in the indictment; and WHEREAS the Court accepted Defendant's guilty plea; IT IS HEREBY ORDERED THAT sentencing is scheduled for January 16, 2020 at 11:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. Sentencing submissions from both sides are due not later than January 3, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/16/19)(jbo) (Entered: 10/16/2019)
10/16/2019FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Jason E. Foy dated October 16, 2019 re: Request to Amend Change of Plea Date . Document filed by Russell Cook. (Foy, Jason) (Entered: 10/16/2019)
10/16/2019Oral Order of Referral to Probation for Presentence Investigation and Report as to Karl Duncan. (Signed by Judge Valerie E. Caproni on 10/16/2019) (ap) (Entered: 10/16/2019)
10/16/2019Change of Not Guilty Plea to Guilty of lesser offense Plea as to Karl Duncan (4) Count 1. (ap) (Entered: 10/16/2019)
10/16/2019Minute Entry for proceedings held before Judge Valerie E. Caproni: Plea entered by Karl Duncan (4) Guilty of Lesser Offense as to Count 1. (ap) (Entered: 10/16/2019)
10/16/2019Minute Entry for proceedings held before Judge Valerie E. Caproni: Change of Plea Hearing as to Karl Duncan held on 10/16/2019. Defendant present with attorney Margaret Shalley. AUSA's Adam Hobson and Louis Pellegrino present. Defendant's plea of NOT GUILTY withdrawn and a plea of GUILTY entered as to the lesser of the included offense in Count 1. The Court accepted the plea. Sentencing set for 1/16/2020 at 11:00 a.m. Submissions due 1/3/2020. Defendant continued remand. PSR Ordered. (Sentencing set for 1/16/2020 at 11:00 AM before Judge Valerie E. Caproni) (Court Reporter Eve Giniger) (ap) (Entered: 10/16/2019)
10/15/2019Set/Reset Hearings as to Russell Cook: Change of Plea Hearing set for 11/1/2019 at 02:00 PM before Judge Valerie E. Caproni. (jbo) (Entered: 10/15/2019)
10/15/2019ORDER as to Russell Cook. WHEREAS on October 11, 2019, the parties requested that the Court schedule a hearing for a possible change-of-plea; IT IS HEREBY ORDERED that the parties appear for a hearing at 2:00 P.M. on November 1, 2019, in Courtroom 443 of the Thurgood Marshall Courthouse at 40 Foley Square, New York, New York. SO ORDERED (Signed by Judge Valerie E. Caproni on 10/15/19)(jbo) (Entered: 10/15/2019)
9/24/2019Set/Reset Deadlines/Hearings as to Karl Duncan: Change of Plea Hearing set for 10/16/2019 at 09:30 AM before Judge Valerie E. Caproni. Responses due by 10/18/2019. Replies due by 10/25/2019. (lnl) (Entered: 09/25/2019)
9/24/2019MEMO ENDORSEMENT as to Karl Duncan (4) granting 102 LETTER MOTION addressed to Judge Valerie E. Caproni from Margaret M. Shalley dated September 24, 2019. ENDORSEMENT: A change-of-plea hearing is hereby scheduled for October 16, 2019, at 9:30 A.M. The Government's response to Mr. Duncan's motion to suppress, if any, is due October 18, 2019. Mr. Duncan's reply, if any, shall be due October 25, 2019. The Government is requested to e-mail Chambers with a copy of the plea documents no later than October 11, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/24/2019) (lnl) (Entered: 09/25/2019)
9/24/2019 LETTER MOTION addressed to Judge Valerie E. Caproni from Margaret M. Shalley dated September 24, 2019 . Document filed by Karl Duncan. (Shalley, Margaret) (Entered: 09/24/2019)
9/5/2019MEMORANDUM in Support by Karl Duncan re 99 MOTION to Suppress physical evidence.. (Bradley, Michael) (Entered: 09/05/2019)
9/5/2019DECLARATION of Michael D. Bradley in Support as to Karl Duncan re: 99 MOTION to Suppress physical evidence.. (Attachments: # 1 Exhibit A - Affidavit of Karl Duncan, # 2 Exhibit B - DEA Reports)(Bradley, Michael) (Entered: 09/05/2019)
9/5/2019 MOTION to Suppress physical evidence. Document filed by Karl Duncan as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook. (Bradley, Michael) (Entered: 09/05/2019)
8/20/2019MEMO ENDORSEMENT as to Jamal Watson on re: 96 To travel on Thursday August 22, 2019 from the hours of 4am to 10pm to travel from his residence to above mentioned location...ENDORSEMENT...Application GRANTED. SO ORDERED (Signed by Judge Valerie E. Caproni on 8/20/2019)(jw) (Entered: 08/21/2019)
8/20/2019MEMO ENDORSEMENT granting 95 LETTER MOTION To request that Mr. Well's bail be modified from home incarceration with location monitoring to home detention wtih location monitoring to allow Mr. Wells to work at McDonald's...ENDORSEMENT...Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/20/2019) (jw) (Entered: 08/20/2019)
8/20/2019FIRST LETTER by Jamal Watson addressed to Judge Valerie E. Caproni from Robert DiDio dated 08/20/2019 re: Request For Permission To Travel (DiDio, Robert) (Entered: 08/20/2019)
8/20/2019CONSENT LETTER MOTION addressed to Judge Valerie E. Caproni from Bradley L. Henry dated 08/20/2019 re: 50 Bond,,, re: Bail Modification for employment. Document filed by Perry Wells. (Henry, Bradley) (Entered: 08/20/2019)
8/6/2019MEMO ENDORSEMENT granting 93 LETTER MOTION filed by Steve Campbell (3), addressed to Judge Valerie E. Caproni from Attorney Kenneth A. Paul dated August 6, 2019 re: Modification of Bond. I am writing the Court to modify Mr. Campbell's bond in order to allow him to travel with his wife from August 25th through August 29th to Goldsboro, N.C. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/6/2019) (bw) (Entered: 08/07/2019)
8/6/2019 LETTER MOTION addressed to Judge Valerie E. Caproni from Kenneth A. Paul dated August 6, 2019 re: Modification of Bond . Document filed by Steve Campbell. (Paul, Kenneth) (Entered: 08/06/2019)
8/5/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jamal Watson. Notice is hereby given that an official transcript of a Conference proceeding held on 7/9/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/05/2019)
8/5/2019TRANSCRIPT of Proceedings as to Jamal Watson re: Conference held on 7/9/19 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2019. Redacted Transcript Deadline set for 9/5/2019. Release of Transcript Restriction set for 11/4/2019. (McGuirk, Kelly) (Entered: 08/05/2019)
8/5/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Perry Wells. Notice is hereby given that an official transcript of a Conference proceeding held on 7/9/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/05/2019)
8/5/2019TRANSCRIPT of Proceedings as to Perry Wells re: Conference held on 7/9/19 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2019. Redacted Transcript Deadline set for 9/5/2019. Release of Transcript Restriction set for 11/4/2019. (McGuirk, Kelly) (Entered: 08/05/2019)
7/24/2019MEMO ENDORSED granting 87 LETTER MOTION request to file interim vouchers as to Albert McDuffie (5)...ENDORSEMENT: Application GRANTED. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 7/24/19) (jbo) (Entered: 07/25/2019)
7/24/2019FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated July 24, 2019 re: request to file interim vouchers . Document filed by Albert McDuffie. (Dunn, Thomas) (Entered: 07/24/2019)
7/23/2019WAIVER OF INDICTMENT by Robert Cherry. (jm) (Entered: 11/13/2020)
7/23/2019(S1) SUPERSEDING INFORMATION (Felony) filed as to Robert Cherry (7) count(s) 1s, 2s, 3s, 4s. (jm) (Entered: 11/13/2020)
7/23/2019MANDATE of USCA (Certified Copy) as to Albert McDuffie re: 52 Notice of Appeal. USCA Case Number 19-974. Appellant Albert McDuffie moves to withdraw his appeal to review the bail decision by the district court. IT IS HEREBY ORDERED that the motion to withdraw the appeal is GRANTED. It is further ORDERED that the motion for bail (docket entry 17) and motion to extend time (docket entry 21) are DENIED as moot.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/23/2019. (nd) (Entered: 07/23/2019)
7/16/2019MEMO ENDORSEMENT as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook on re: 84 Pursuant to the Court's Order dated July 10, 2019, the Government writes to inform the Court that the parties propose that the Court establish trial dates for defendants....ENDORSEMENT..The parties are advised that the two groups may be consolidated for trial starting on January 27, 2020, if fewer than six defendants ultimately proceed to trial. Counsel in the December group are therefore instructed to be available for trial starting on January 27, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/16/19)(jw) (Entered: 07/17/2019)
7/16/2019 LETTER by USA as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook addressed to Judge Valerie E. Caproni from L. Pellegrino dated 7/16/2019 re: trial schedule Document filed by USA. (Pellegrino, Louis) (Entered: 07/16/2019)
7/10/2019ORDER as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook. WHEREAS on July 9, 2019, the parties appeared for a status conference with this Court; WHEREAS the parties reported that discovery is nearly complete, with the exception of certain lab reports; and WHEREAS, for the reasons stated on the record, the Court excluded the period of time between July 9, 2019, and December 2, 2019, for purposes of the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A); IT IS HEREBY ORDERED THAT any pretrial motions shall be due on September 6, 2019. Any responses shall be due by September 27, 2019. Any replies shall be due by October 11, 2019. Any hearing on such motions, if necessary, shall take place on November 7, 2019, at 10:00 A.M. Such motions shall include, but are not limited to, any motions to suppress evidence, motions to sever, and motions related to Title III wiretaps. IT IS FURTHER ORDERED THAT Defendants shall be divided into two groups, each consisting of no more than five individuals, for purposes of trial. The first group shall commence trial on December 2, 2019, at 10:00 A.M.; the second group shall commence on January 27, 2020, at 10:00 A.M. The parties are directed to meet and confer on an appropriate grouping in accordance with their respective needs. A joint letter setting forth the agreed-upon grouping or each party's preferred grouping shall be due on July 19, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/10/19)(jbo) (Entered: 07/10/2019)
7/9/2019Minute Entry for proceedings held before Judge Valerie E. Caproni:Status Conference as to Perry Wells, Karl Duncan, Leo Russ held on 7/9/2019. Defendant Wells present with attorney Bradley Henry. Defendant Duncan present with attorneys Margaret Shalley and Michael Bradley. Defendant Russ present with attorney Donald Duboulay. AUSA Louis Pellegrino present. Court Reporter present. Conference held. Order to follow. Bail and detention for all defendants remain unchanged. (jp) (Entered: 07/10/2019)
7/9/2019Minute Entry for proceedings held before Judge Valerie E. Caproni:Status Conference as to Jamal Watson, Steve Campbell, Albert McDuffie, Silvestre Mahon, Robert Cherry, Russell Cook held on 7/9/2019. Defendant Watson present with attorney Joseph Lobosco. Defendant Campbell present with attorney Kenneth Paul. Defendant McDuffie present with attorney Thomas Dunn. Defendant Mahon present with attorney Guy Oksenhendler for Xavier Donaldson. Defendant Cherry present with attorney Guy Oksenhendler. Defendant Cook present with attorney Jason Foy. AUSA Louis Pellegrino present. Court Reporter present. Conference held. Order to follow. Bail and detention conditions unchanged for all defendants. (jp) (Entered: 07/10/2019)
7/8/2019MEMO ENDORSED granting 81 Letter re: Stand In Counsel as to Silvestre Mahon...ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/8/19)(jbo) (Entered: 07/08/2019)
7/8/2019 LETTER by Silvestre Mahon addressed to Judge Valerie E. Caproni from Xavier R. Donaldson dated July 8, 2019 re: Stand In Counsel (Donaldson, Xavier) (Entered: 07/08/2019)
6/28/2019MEMO ENDORSEMENT 79 LETTER MOTION to permit his travel to New Jersey. Mr. Russ has family and friends in New Jersey and desires to be able to visit. Since his release on bond on March 28, 2019...ENDORSEMENT...Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/28/19) (jw) (Entered: 07/01/2019)
6/28/2019 LETTER MOTION addressed to Judge Valerie E. Caproni . Document filed by Leo Russ. (Duboulay, Donald) (Entered: 06/28/2019)
6/21/2019MEMO ENDORSEMENT as to (19-Cr-212-01) Jamal Watson on re: 76 FIRST LETTER by Jamal Watson addressed to Judge Valerie E. Caproni from Attorney Robert DiDio dated June 20, 2019 re: Request for Permission. Mr. Watson wishes to travel to his son's Commencement Ceremony on Sunday June 23, 2019 at Hofstra University. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/21/2019)(bw) (Entered: 06/21/2019)
6/20/2019NOTICE OF ATTORNEY APPEARANCE: Michael David Bradley appearing for Karl Duncan. Appearance Type: CJA Appointment. nunc pro tunc to 5/16/19 (Bradley, Michael) (Entered: 06/20/2019)
6/20/2019FIRST LETTER by Jamal Watson addressed to Judge Valerie E. Caproni from Robert DiDio dated June 20, 2019 re: Request for Permission (DiDio, Robert) (Entered: 06/20/2019)
6/14/2019MEMO ENDORSEMENT granting 74 LETTER MOTION To request permission for Mr. Wells to travel to his son's high school graduation ceremony as to Perry Wells...ENDORSEMENT..Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/14/19) (jw) (Entered: 06/14/2019)
6/14/2019FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Bradley L. Henry dated June 14, 2019 re: 50 Bond,,, re: Permission to Travel . Document filed by Perry Wells. (Henry, Bradley) (Entered: 06/14/2019)
5/15/2019NOTICE OF ATTORNEY APPEARANCE: Margaret M. Shalley appearing for Karl Duncan. Appearance Type: CJA Appointment. (Shalley, Margaret) (Entered: 05/15/2019)
5/14/2019Attorney update in case as to Karl Duncan (4). Attorney Margaret M. Shalley for Karl Duncan added. (bw) (Entered: 05/15/2019)
5/14/2019Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Status Conference (Substitution of Counsel) as to (19-Cr-212-04) Karl Duncan held on 5/14/2019. AUSA Louis Pellegrino. Defense Counsel Margaret Shalley (CJA). COMMENTS: The Court hereby appoints Ms. Shalley as counsel for Defendant. (bw) (Entered: 05/15/2019)
5/10/2019MEMO ENDORSED denying 69 LETTER MOTION Permission to Travel as to Jamal Watson (1)...ENDORSEMENT: Application DENIED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/9/19) (jbo) (Entered: 05/10/2019)
5/9/2019FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Robert DiDio, Esq. dated May 9th, 2019 re: Permission to Travel . Document filed by Jamal Watson as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook. Return Date set for 5/10/2019 at 05:00 PM. (DiDio, Robert) (Entered: 05/09/2019)
5/7/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Perry Wells, Karl Duncan, Leo Russ. Notice is hereby given that an official transcript of a Arraignment proceeding held on 4/4/19 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: 05/07/2019)
5/7/2019TRANSCRIPT of Proceedings as to Perry Wells, Karl Duncan, Leo Russ re: Arraignment held on 4/4/19 before Judge Valerie E. Caproni. 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 5/28/2019. Redacted Transcript Deadline set for 6/7/2019. Release of Transcript Restriction set for 8/5/2019. (McGuirk, Kelly) (Entered: 05/07/2019)
5/6/2019Attorney update in case as to Karl Duncan. Attorney Natali J.H. Todd terminated. (jbo) (Entered: 05/06/2019)
5/6/2019ORDER as to Karl Duncan. WHEREAS on May 3, 2019, the parties appeared for a conference with this Court; IT IS HEREBY ORDERED THAT for the reasons set forth on the record (see transcript) Natali J.H. Todd is relieved as counsel of record for the defendant; IT IS FURTHER ORDERED THAT the Government is directed to contact the Clerks' Office to ensure that a new, conflict-free attorney is appointed to represent Mr. Duncan. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/6/19)(jbo) (Entered: 05/06/2019)
5/3/2019Minute Entry for proceedings held before Judge Valerie E. Caproni:Attorney Substitution Hearing as to Karl Duncan held on 5/3/2019. Defendant present with attorney Natali Todd. AUSA Michael McGuinness present. Court Reporter present. Conference held. Order to follow. Detention continued. (jp) (Entered: 05/03/2019)
5/2/2019MEMO ENDORSED denying 64 LETTER MOTION Permission to travel on Sunday, May 5, 2019 as to Jamal Watson (1)...ENDORSEMENT: Application DENIED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/2/19) (jbo) (Entered: 05/02/2019)
5/2/2019FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Joseph A. Lobosco dated 05/01/2019 re: Permission to travel on Sunday, May 5, 2019. Document filed by Jamal Watson. (DiDio, Robert) (Entered: 05/02/2019)
5/2/2019NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Jamal Watson: Notice to Attorney DiDio, Robert to RE-FILE Document 63 FIRST MOTION to Travel. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 05/02/2019)
5/1/2019 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Travel . Document filed by Jamal Watson. (DiDio, Robert) Modified on 5/2/2019 (ka). (Entered: 05/01/2019)
4/25/2019Set/Reset Hearings as to Karl Duncan: Attorney Appointment Hearing set for 5/3/2019 at 02:00 PM before Judge Valerie E. Caproni. (jbo) (Entered: 04/26/2019)
4/25/2019MEMO ENDORSED re: 61 LETTER MOTION Request for change of counsel as to Karl Duncan (4)...ENDORSEMENT: The parties are directed to appear for a conference to address the above matter on May 3, 2019 at 2pm. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/25/19) (jbo) (Entered: 04/26/2019)
4/25/2019 LETTER MOTION addressed to Judge Valerie E. Caproni from Natali Todd dated April 25, 2019 re: Request for change of counsel . Document filed by Karl Duncan as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook. (Todd, Natali) (Entered: 04/25/2019)
4/23/2019NOTICE OF ATTORNEY APPEARANCE FOR COORDINATING DISCOVERY ATTORNEY. Emma Maya Greenwood appearing on behalf of Emma Maya Greenwood. (Greenwood, Emma) (Entered: 04/23/2019)
4/22/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jamal Watson, Steve Campbell, Silvestre Mahon, Robert Cherry, Russell Cook. Notice is hereby given that an official transcript of a Conference proceeding held on 4/1/19 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 Jamal Watson, Steve Campbell, Albert McDuffie, Silvestre Mahon, Robert Cherry, Russell Cook re: Conference held on 4/1/19 before Judge Valerie E. Caproni. 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 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)
4/22/2019ORDER APPOINTING EMMA M. GREENWOOD AS COORDINATING DISCOVERY ATTORNEY as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook. For the reasons stated in Defendants' ex parte application, it is hereby ORDERED that Emma M. Greenwood is appointed as Coordinating Discovery Attorney for court-appointed defense counsel. The Coordinating Discovery Attorney shall oversee any discovery issues that are common to all of the defendants. (Signed by Judge Valerie E. Caproni on 4/22/19)(jbo) (Entered: 04/22/2019)
4/18/2019NOTICE OF ATTORNEY APPEARANCE: Jason Errol Foy appearing for Russell Cook. Appearance Type: Retained. (Foy, Jason) (Entered: 04/18/2019)
4/17/201955Arrest Warrant Returned Executed on 3/28/2019 as to (19-Cr-212-1) Jamal Watson. (bw) (Entered: 04/17/2019)
4/16/2019MEMO ENDORSEMENT as to Russell Cook (9) granting 53 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael H. Sporn dated April 15, 2019 re: modify conditions of release. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/16/2019) (lnl) (Entered: 04/16/2019)
4/15/2019 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael H. Sporn dated April 15, 2019 re: modify conditions of release . Document filed by Russell Cook. (Sporn, Michael) (Entered: 04/15/2019)
4/12/2019Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Albert McDuffie re: 52 Notice of Appeal - Interlocutory were transmitted to the U.S. Court of Appeals. (tp) (Entered: 04/12/2019)
4/12/2019Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Albert McDuffie to US Court of Appeals re: 52 Notice of Appeal - Interlocutory. (tp) (Entered: 04/12/2019)
4/12/2019Appeal Remark as to Albert McDuffie re: 52 Notice of Appeal - Interlocutory. APPEAL FEE WAIVED. ATTORNEY CJA. (tp) (Entered: 04/12/2019)
4/12/2019NOTICE OF APPEAL (Interlocutory) by Albert McDuffie from 43 Order, Set Hearings, 42 Order. (tp) (Entered: 04/12/2019)
4/10/2019Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Robert Cherry re: 51 Notice of Appeal - Interlocutory were transmitted to the U.S. Court of Appeals. (tp) (Entered: 04/10/2019)
4/10/2019Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Robert Cherry to US Court of Appeals re: 51 Notice of Appeal - Interlocutory. (tp) (Entered: 04/10/2019)
4/10/2019Appeal Remark as to Robert Cherry re: 51 Notice of Appeal - Interlocutory. Appeal Fee Waived. Attorney CJA. (tp) (Entered: 04/10/2019)
4/10/2019NOTICE OF APPEAL (Interlocutory) by Robert Cherry from 43 Order, Set Hearings. (tp) (Entered: 04/10/2019)
4/9/2019Appearance Bond Entered as to (19-Cr-212-2) Perry Wells in amount of $100,000. $100,000 PRB to be co-signed by 2 financially responsible persons; Travel limited to SDNY/EDNY; Surrender travel documents (& no new applications); Pretrial supervision as directed by PTS: Defendant to submit to urinalysis, if positive, add conditions of drug testing/treatment; Home incarceration; Electronic monitoring; Defendant to be detained until all conditions are met; Must live at mother's residence at 134-15 166th Place, 2 G subject to PTS approving suitability of address; No contact with co-defendants outside presence of counsel. BAIL MODIFIED BY USDJ CAPRONI ON 4/4/2019: To include the addition of his mother as a third-party custodian. (bw) (Entered: 04/09/2019)
4/4/201949Arrest Warrant Returned Executed on 3/28/2019 as to (19-Cr-212-05) Albert McDuffie. (bw) (Entered: 04/04/2019)
4/4/201948Arrest Warrant Returned Executed on 3/28/2019 as to (19-Cr-212-04) Karl Duncan. (bw) (Entered: 04/04/2019)
4/4/2019ORDER as to Perry Wells, Karl Duncan, Leo Russ ( Status Conference set for 7/9/2019 at 02:15 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni)IT IS HEREBY ORDERED THAT the Government shall complete the bulk of all discovery not later than April 19, 2019; IT IS FURTHER ORDERED THAT the Governments application for pretrial detention as to defendant Wells is DENIED. However, Mr. Wells conditions of pretrial release are modified to include the addition of his mother as a third-party custodian; IT IS FURTHER ORDERED THAT the bail for defendant Duncan is revoked and thedefendant is remanded to the custody of the United States Marshal; andIT IS FURTHER ORDERED THAT the parties must appear for a status conference onJuly 9, 2019, at 2:15 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. Pursuant to 18 U.S.C § 3161(h)(7)(A), the Court will exclude time under the Speedy Trial Act between April 4, 2019 and July 9, 2019. For the reasons stated on the record during the April 4, 2019 arraignment, the Court finds that the ends of justice outweigh the interests of the public and of the defendants in a speedy trial 2019 arraignment, the Court finds that the ends of justice outweigh the interests of the public and of the defendants in a speedy trial. (Signed by Judge Valerie E. Caproni on 4/4/2019)(jw) (Entered: 04/04/2019)
4/4/2019Minute Entry for proceedings held before Judge Valerie E. Caproni:Arraignment as to Perry Wells (2) Count 1 and Karl Duncan (4) Count 1 and Leo Russ (8) Count 1Perry Wells (2) Count 1 and Karl Duncan (4) Count 1 and Leo Russ (8) Count 1 held on 4/4/2019., Plea entered by Perry Wells (2) Count 1 and Karl Duncan (4) Count 1 and Leo Russ (8) Count 1Perry Wells (2) Count 1 and Karl Duncan (4) Count 1 and Leo Russ (8) Count 1 Not Guilty. Defendant Wells present with attorney Bradley Henry. Defendant Duncan present with attorney Natali Todd. Defendant Russ present with attorney Donald Duboulay. AUSA Adam Hobson present. Court Reporter present. All defendants arraigned on the Indictment, and all defendants enter pleas of not guilty. Order to follow. Bail for defendant Duncan is revoked. Bail conditions for deft Wells were modified (see Order). Bail continued for defendant Russ. (jp) (Entered: 04/04/2019)
4/4/2019ORDER as to Karl Duncan. For the reasons set forth on the record at a proceeding held on April 4, 2019, (see transcript), the bail for the defendant is revoked and the defendant is remanded to the custody of the United States Marshal. (Signed by Judge Valerie E. Caproni on 4/4/2019)(jw) (Entered: 04/04/2019)
4/3/2019PRB Bond Entered as to Jamal Watson in amount of $ 100,000. 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 enforced by GPS, Electronic monitoring, Deft to continue or seek employment, deft to be detained until all conditions are met, Deft shall have no contact with co-deft's outside presence of counsel. Advice of Penalties and Sanctions attached (jw) (Entered: 04/03/2019)
4/2/2019NOTICE OF ATTORNEY APPEARANCE: Natali J.H. Todd appearing for Karl Duncan. Appearance Type: CJA Appointment. (Todd, Natali) (Entered: 04/02/2019)
4/1/2019ORDER as to Jamal Watson, Steve Campbell, Albert McDuffie, Silvestre Mahon, Robert Cherry, Russell Cook: IT IS HEREBY ORDERED THAT the Government's application for pretrial detention as to defendant Watson is DENIED. However, Mr. Watson's conditions of pretrial release are modified to include home detention enforced by GPS; IT IS FURTHER ORDERED THAT the bail for defendants McDuffie and Cherry are revoked and the defendants are remanded to the custody of the United States Marshal; and IT IS FURTHER ORDERED THAT the parties must appear for a status conference on July 9, 2019, at 1:45 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. Pursuant to 18 U.S.C § 3161(h)(7)(A), the Court will exclude time under the Speedy Trial Act between September 5 and October 1, 2018. For the reasons stated on the record during the April 1, 2019 arraignment, the Court finds that the ends of justice outweigh the interests of the public and of the defendants in a speedy trial. (Status Conference set for 7/9/2019 at 01:45 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 4/1/2019) (ap) (Entered: 04/01/2019)
4/1/2019ORDER as to Albert McDuffie: For the reasons set forth on the record at a proceeding held on April 1, 2019, (see transcript), the bail for the defendant is revoked and the defendant is remanded to the custody of the United States Marshal. (Signed by Judge Valerie E. Caproni on 4/1/2019) (ap) (Entered: 04/01/2019)
4/1/2019ORDER as to Robert Cherry: For the reasons set forth on the record at a proceeding held on April 1, 2019, (see transcript), the bail for the defendant is revoked and the defendant is remanded to the custody of the United States Marshal. (Signed by Judge Valerie E. Caproni on 4/1/2019) (ap) (Entered: 04/01/2019)
4/1/2019Minute Entry for proceedings held before Judge Valerie E. Caproni:Arraignment as to Jamal Watson (1) Count 1 and Steve Campbell (3) Count 1 and Albert McDuffie (5) Count 1 and Silvestre Mahon (6) Count 1 and Robert Cherry (7) Count 1 and Russell Cook (9) Count 1Jamal Watson (1) Count 1 and Steve Campbell (3) Count 1 and Albert McDuffie (5) Count 1 and Silvestre Mahon (6) Count 1 and Robert Cherry (7) Count 1 and Russell Cook (9) Count 1 held on 4/1/2019., Plea entered by Jamal Watson (1) Count 1 and Steve Campbell (3) Count 1 and Albert McDuffie (5) Count 1 and Silvestre Mahon (6) Count 1 and Robert Cherry (7) Count 1 and Russell Cook (9) Count 1Jamal Watson (1) Count 1 and Steve Campbell (3) Count 1 and Albert McDuffie (5) Count 1 and Silvestre Mahon (6) Count 1 and Robert Cherry (7) Count 1 and Russell Cook (9) Count 1 Not Guilty. Defendant Watson present with attorney Joseph Lobosco. Defendant Campbell present with attorney Kenneth Paul. Defendant McDuffie present with attorney Thomas Dunn. Defendant Mahon present with attorney Xavier Donaldson. Defendant Cherry present with attorney Guy Oksenhendler. Defendant Cook present with attorney Michael Sporn. AUSA Adam Hobson present. Pretrial Officers Erin Cunningham and Josh Rothman present. Court Reporter present. Arraignment held. All defendants plead not guilty to the indictment. Order to follow. Bail continued for defendants Watson (modified to include GPS Location Monitoring), Campbell, Mahon, and Cook. Bail revoked for defendants McDuffie and Cherry. See transcript. (jp) (Entered: 04/01/2019)
4/1/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jamal Watson, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Russell Cook. Notice is hereby given that an official transcript of a PRESENTMENT/BAIL proceeding held on 3/28/2019 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. (ft) (Entered: 04/01/2019)
4/1/2019TRANSCRIPT of Proceedings as to Jamal Watson, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Russell Cook re: Hearing held on 3/28/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Shari Riemer. 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 4/22/2019. Redacted Transcript Deadline set for 5/2/2019. Release of Transcript Restriction set for 7/1/2019. (ft) Modified on 4/10/2019 (do). (Entered: 04/01/2019)
4/1/2019FIRST LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated April 1, 2019 re: release pursuant to a bail package . Document filed by Albert McDuffie. (Dunn, Thomas) (Entered: 04/01/2019)
3/29/2019Set/Reset Deadlines/Hearings as to Perry Wells, Karl Duncan, Leo Russ: Arraignment set for 4/4/2019 at 10:00 AM before Judge Valerie E. Caproni (jw) (Entered: 04/01/2019)
3/29/2019Set/Reset Deadlines/Hearings as to Jamal Watson, Steve Campbell, Albert McDuffie, Silvestre Mahon, Robert Cherry, Russell Cook: Arraignment set for 4/1/2019 at 02:00 PM before Judge Valerie E. Caproni (jw) (Entered: 04/01/2019)
3/29/2019MEMO ENDORSEMENT as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook re: We understand that the Court has availability for arraignment on Monday, April 1 at 2:00 p.m. and Thursday, April 4 at 10:00 a.m...ENDORSEMENT..Application GRANTED. The Court will arraign Steven Campbell, Robert Cherry, Russell Cook, SilvestreMahon, Albert McDuffie, and Jamal Watson on April 1, 2019, at 2:00 PM. The Court will arraign Karl Duncan, Leo Russ, and Perry Wells on April 4, 2019, at 10:00 AM. The Court will hear any bail appeals as to Defendants Watson, McDuffie, Cherry, Duncan, and Wells at their respective proceeding. (Signed by Judge Valerie E. Caproni on 3/29/19)(jw) (Entered: 04/01/2019)
3/29/2019 LETTER by USA as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook addressed to Judge Valerie E. Caproni from Adam S. Hobson dated March 29, 2019 re: Arraignment Document filed by USA. (Hobson, Adam) (Entered: 03/29/2019)
3/29/2019Appearance Bond Entered as to (19-Cr-212-08) Leo Russ in amount of $75,000.00. $75,000 Personal Recognizance Bond; To be cosigned by two financially responsible persons; Travel restricted to SDNY/EDNY; Surrender travel documents by 4/1/2019 and make no new applications; Pretrial supervision as directed by Pretrial Services; Drug testing and treatment as directed by PTS; Defendant to be released on own signature; Remaining conditions to be met by 4/11/2019; Defendant shall have no contact with co-defendants outside presence of counsel. [Advice of Penalties and Sanctions attached. Defendant Released.] (bw) (Entered: 03/29/2019)
3/29/2019ORAL ORDER as to (19-Cr-212-08) Leo Russ. Status Conference set for 4/4/2019 at 10:00 AM before Judge Valerie E. Caproni. (By Magistrate Judge Katharine H. Parker on 3/29/2019) (bw) (Entered: 03/29/2019)
3/29/2019Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (19-Cr-212-08) Leo Russ held on 3/29/2019. Date of Arrest: 3/28/2019. AUSA Adam Hobson/Louis Pellegrino. Defense Counsel Don duBoulay (CJA). BAIL DISPOSITION: See Transcript. $75,000 PRB; 2 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; Defendant to be released on own signature; Remaining conditions to be met by 4/11/2019; Defendant shall have no contact with co-defendants outside presence of counsel; Defendant shall turn in travel docs by 4/1/2019. ADDITIONAL PROCEEDINGS: Conference before District Judge on 4/4/2019 at 10:00 a.m. (bw) (Entered: 03/29/2019)
3/29/2019Attorney update in case as to Leo Russ (8). Attorney Donald D. Duboulay for Leo Russ added. (bw) (Entered: 03/29/2019)
3/29/201933CJA 23 Financial Affidavit by (19-Cr-212-08) Leo Russ. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 3/29/2019); Attorney Donald duBoulay. (bw) (Entered: 03/29/2019)
3/28/201973Arrest Warrant Returned Executed on 3/28/19 as to Robert Cherry. (jw) (Entered: 05/28/2019)
3/28/2019Arrest of Leo Russ (8). [*** NOTE: Refer to Disposition Sheet for Proceeding held on 3/28/2019. ***] (bw) (Entered: 03/29/2019)
3/28/2019Appearance Bond Entered as to (19-Cr-212-03) Steve Campbell in amount of $50,000.00. Agreed conditions of release; $50,000 Personal Recognizance Bond; To be cosigned by two financially responsible persons; Travel restricted to SDNY/EDNY; Surrender travel documents by 4/1/2019 and no new applications; Pretrial supervision as directed by Pretrial Services; Defendant to be released on own signature; Remaining conditions to be met by 4/8/2019; Defendant shall have no contact with co-defendants outside presence of counsel; FRP to sign by 4/8/2019. [Advice of Penalties and Sanctions dated 3/28/2019 attached. Defendant Released.] (bw) (Entered: 03/29/2019)
3/28/2019Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (19-Cr-212-03) Steve Campbell held on 3/28/2019. Date of Arrest: 3/28/2019. AUSA Adam Hobson/Louis Pellegrino. Defense Counsel: Kenneth Paul (CJA). BAIL DISPOSITION: See Transcript. Agreed conditions of release; $50,000 PRB; 2 FRP; Travel restricted to SDNY/EDNY; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Defendant to be released on own signature; Remaining conditions to be met by 4/8/2019*. No contact with co-defendants outside presence of counsel; Surrender travel documents by 4/1/2019; FRP to sign by 4/8/2019. (bw) (Entered: 03/29/2019)
3/28/2019Attorney update in case as to Steve Campbell (3). Attorney Kenneth Alan Paul for Steve Campbell added. (bw) (Entered: 03/29/2019)
3/28/201930CJA 23 Financial Affidavit by (19-Cr-212-03) Steve Campbell. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 3/28/2019); Attorney Kenneth Paul. (bw) (Entered: 03/29/2019)
3/28/2019Arrest of Steve Campbell (3). [*** NOTE: Refer to Disposition Sheet for Proceeding held on 3/28/2019. ***] (bw) (Entered: 03/29/2019)
3/28/2019Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (19-Cr-212-02) Perry Wells held on 3/28/2019. Date of Arrest: 3/28/2019. AUSA Adam Hobson/Louis Pellegrino. Defense Counsel: Bradley Henry (CJA). BAIL DISPOSITION: See Transcript. $100,000 PRB; 2 FRP; Travel restricted to SDNY/EDNY; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Defendant to submit to urinalysis, if positive, add condition of drug testing/treatment; Home incarceration; Electronic monitoring; Defendant to be detained until all conditions are met; Must live at mother's residence at 134-15 166th Place, 2G subject to PTS approving suitability of address; no contact with co-defendants outside presence of counsel. (bw) (Entered: 03/29/2019)
3/28/2019Attorney update in case as to Perry Wells (2). Attorney Bradley Lamar Henry for Perry Wells added. (bw) (Entered: 03/29/2019)
3/28/201928CJA 23 Financial Affidavit by (19-Cr-212-02) Perry Wells. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 3/28/2019); Attorney Bradley Henry. (bw) (Entered: 03/29/2019)
3/28/2019Arrest of Perry Wells (2). [*** NOTE: Refer to Disposition Sheet for Proceeding held on 3/28/2019. ***] (bw) (Entered: 03/29/2019)
3/28/2019Attorney update in case as to Jamal Watson (1). Attorney Joseph Lobosco for Jamal Watson added. (bw) (Entered: 03/29/2019)
3/28/2019Appearance Bond Entered as to (19-Cr-212-06) Silvestre Mahon in amount of $100,000.00. Agreed conditions of release; $100,000 Personal Recognizance Bond; To be cosigned by two financially responsible persons; Travel restricted to SDNY/EDNY/DCT; Surrender travel documents by 4/1/2019 and no new applications; Pretrial supervision as directed by Pretrial Services; Drug testing and treatment; Defendant to continue or seek employment; Defendant not to possess firearms, destructive devices, other weapons; Defendant to be released on own signature; Remaining conditions to be met by 4/4/2019; Defendant shall have no contact with co-defendants outside presence of counsel. [Advice of Penalties and Sanctions dated 3/28/2019 attached. Defendant Released.] (bw) (Entered: 03/29/2019)
3/28/2019Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (19-Cr-212-06) Silvestre Mahon held on 3/28/2019. Date of Arrest: 3/28/2019. AUSA Adam Hobson/Louis Pellegrino. Defense Counsel: Xavier Donaldson (CJA). BAIL DISPOSITION: See Transcript. $100,000 PRB; 2 FRP; Travel restricted to SDNY/EDNY/DCT; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Drug testing/treatment as directed by PTS; Defendant to continue or seek employment; Defendant not to possess firearm/destructive device/other weapon; Defendant to be released on own signature; Remaining conditions to be met by 4/4/2019. Travel documents to be surrendered by 4/1/2019; No contact with co-defendants outside presence of counsel. (bw) (Entered: 03/29/2019)
3/28/2019Attorney update in case as to Silvestre Mahon (6). Attorney Xavier Robert Donaldson for Silvestre Mahon added. (bw) (Entered: 03/29/2019)
3/28/201925CJA 23 Financial Affidavit by (19-Cr-212-06) Silvestre Mahon. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 3/28/2019); Attorney Xavier R. Donaldson. (bw) (Entered: 03/29/2019)
3/28/2019Arrest of Silvestre Mahon (6). [*** NOTE: Refer to Disposition Sheet for Proceeding held on 3/28/2019. ***] (bw) (Entered: 03/29/2019)
3/28/2019Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (19-Cr-212-04) Karl Duncan held on 3/28/2019. Date of Arrest: 3/28/2019. AUSA Adam Hobson/Louis Pellegrino. Defense Counsel: Richard Rosenberg (CJA). BAIL DISPOSITION: See Transcript. $75,000 PRB; 2 FRP; Travel restricted to SDNY/EDNY/DCT; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Drug testing/treatment as directed by PTS; Home detention; Electronic monitoring; Defendant not to possess firearm/destructive device/other weapon; Defendant to be detained until all conditions are met; Defendant shall have no contact with co-defendants outside presence of counsel; Defendant to surrender travel documents; May look for alternative employment but may not work at Spills Mexican Restaurant and Grill. (bw) (Entered: 03/29/2019)
3/28/2019Attorney update in case as to Karl Duncan (4). Attorney Natali J.H. Todd for Karl Duncan added. (bw) (Entered: 03/29/2019)
3/28/201923CJA 23 Financial Affidavit by (19-Cr-212-04) Karl Duncan. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 3/28/2019); Attorney Natali Todd. (bw) (Entered: 03/29/2019)
3/28/2019Arrest of Karl Duncan (4). [*** NOTE: Refer to Disposition Sheet for Proceeding held on 3/28/2019. ***] (bw) (Entered: 03/29/2019)
3/28/2019Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (19-Cr-212-01) Jamal Watson held on 3/28/2019. Date of Arrest: 3/28/2019. AUSA Adam Hobson/Louis Pellegrino. Defense Counsel: Joseph Lobosco (Retained). BAIL DISPOSITION: See Transcript. $100,000 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; Defendant to continue or seek employment; Defendant to be detained until all conditions are met; Defendant shall have no contact with co-defendants outside presence of counsel. (bw) (Entered: 03/29/2019)
3/28/2019NOTICE OF ATTORNEY APPEARANCE: Attorney Joseph Lobosco appearing for (19-Cr-212-01) Jamal Watson. (bw) (Entered: 03/29/2019)
3/28/2019Arrest of Jamal Watson (1). [*** NOTE: Refer to Disposition Sheet for Proceeding held on 3/28/2019. ***] (bw) (Entered: 03/29/2019)
3/28/2019Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (19-Cr-212-07) Robert Cherry held on 3/28/2019. Date of Arrest: 3/28/2019. AUSA Adam Hobson/Louis Pellegrino. Defense Counsel: Guy Oksenhendler (CJA). BAIL DISPOSITION: See Transcript. $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; Mental health evaluation/treatment as directed by PTS; Home detention; Electronic monitoring; Defendant to be detained until all conditions are met; Defendant will be permitted to visit his son w/ schedule to be approved by PTS. (bw) (Entered: 03/29/2019)
3/28/2019Attorney update in case as to Robert Cherry (7). Attorney Guy Oksenhendler for Robert Cherry added. (bw) (Entered: 03/29/2019)
3/28/201919CJA 23 Financial Affidavit by (19-Cr-212-07) Robert Cherry. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 3/28/2019); Attorney Guy Oksenhendler. (bw) (Entered: 03/29/2019)
3/28/2019Arrest of Robert Cherry (7). [*** NOTE: Refer to Disposition Sheet for Proceeding held on 3/28/2019. ***] (bw) (Entered: 03/29/2019)
3/28/2019Appearance Bond Entered as to (19-Cr-212-09) Russell Cook in amount of $100,000.00. Agreed conditions of release; $100,000 Personal Recognizance Bond; To be cosigned by two financially responsible persons; Travel restricted to SDNY/EDNY; Surrender travel documents by 4/1/2019 and no new applications; Pretrial supervision as directed by Pretrial Services; Drug testing and treatment; Defendant to continue or seek employment; Defendant to be released on own signature; Remaining conditions to be met by 4/4/2019; Defendant shall have no contact with co-defendants outside presence of counsel. [Advice of Penalties and Sanctions dated 3/28/2019 attached. Defendant Released.] (bw) (Entered: 03/29/2019)
3/28/2019Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (19-Cr-212-09) Russell Cook held on 3/28/2019. Date of Arrest: 3/28/2019. AUSA Adam Hobson/Louis Pellegrino. Defense Counsel: Michael Sporn (CJA). BAIL DISPOSITION: See Transcript. Agreed conditions of release; $100,000 PRB; 2 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; Defendant to continue or seek employment; Defendant to be released on own signature; Remaining conditions to be met by 4/4/2019. Defendant shall have no contact with co-defendants outside presence of counsel; Defendant to surrender travel documents to be surrendered by 4/1/2019. (bw) (Entered: 03/29/2019)
3/28/2019Attorney update in case as to Russell Cook (9). Attorney Michael H. Sporn for Russell Cook added. (bw) (Entered: 03/29/2019)
3/28/201916CJA 23 Financial Affidavit by (19-Cr-212-09) Russell Cook. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 3/28/2019); Attorney Michael Sporn. (bw) (Entered: 03/29/2019)
3/28/2019Arrest of Russell Cook (9). [*** NOTE: Refer to Disposition Sheet for Proceeding held on 3/28/2019. ***] (bw) (Entered: 03/29/2019)
3/28/2019Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (19-Cr-212-05) Albert McDuffie held on 3/28/2019. Date of Arrest: 3/28/2019. AUSA Adam Hobson/Louis Pellegrino. Defense Counsel: Natali Todd (CJA). BAIL DISPOSITION: See Transcript. $75,000 PRB; 2 FRP; Travel restricted to SDNY/EDNY; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Home detention; Electronic monitoring; Defendant not to possess firearms/destructive device/other weapon; Defendant to be detained until all conditions are met; to surrender all firearms; Defendant shall have no contact with co-defendants outside the presence of counsel. (bw) (Entered: 03/29/2019)
3/28/2019Attorney update in case as to Albert McDuffie (5). Attorney Thomas Francis Dunn for Albert McDuffie added. (bw) (Entered: 03/29/2019)
3/28/201914CJA 23 Financial Affidavit by (19-Cr-212-05) Albert McDuffie. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 3/28/2019); Attorney Thomas F.X. Dunn. (bw) (Entered: 03/29/2019)
3/28/2019Arrest of Albert McDuffie (5). [*** NOTE: Refer to Disposition Sheet for Proceeding held on 3/28/2019. ***] (bw) (Entered: 03/29/2019)
3/28/2019BILL OF PARTICULARS by USA as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook . (Pellegrino, Louis) (Entered: 03/28/2019)
3/28/2019Case as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook ASSIGNED to Judge Valerie E. Caproni. (jm) (Entered: 03/28/2019)
3/28/2019Attorney update in case as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook. Attorney Louis Anthony Pellegrino,Adam Sloan Hobson for USA added. (jm) (Entered: 03/28/2019)
3/28/2019Case Designated ECF as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook. (jm) (Entered: 03/28/2019)
3/28/2019INDICTMENT UNSEALED as to Jamal Watson, Perry Wells, Steve Campbell, Karl Duncan, Albert McDuffie, Silvestre Mahon, Robert Cherry, Leo Russ, Russell Cook. (jm) (Entered: 03/28/2019)
3/28/2019Order to Unseal Indictment 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. (Signed by Magistrate Judge Katharine H. Parker on 3/28/19)(jm) (Entered: 03/28/2019)
3/26/20191SEALED DOCUMENT placed in vault. (rz) (Entered: 03/27/2019)
3/25/2019SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, Sealed Defendant 2 (2) count(s) 1, Sealed Defendant 3 (3) count(s) 1, Sealed Defendant 4 (4) count(s) 1, Sealed Defendant 5 (5) count(s) 1, Sealed Defendant 6 (6) count(s) 1, Sealed Defendant 7 (7) count(s) 1, Sealed Defendant 8 (8) count(s) 1, Sealed Defendant 9 (9) count(s) 1. (jm) (Entered: 03/28/2019)