USA v. Hudson

1:19-cr-00496 | New York Southern District Court

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Division Foley Square
Judge Judge Colleen McMahon
Filed July 8, 2019
Terminated June 15, 2022
Case Flags CLOSED and ECF
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Filing Date # Docket Text
9/21/2023 DECISION AND ORDER denying Defendant's Motion for Compassionate Release 169 MOTION FOR COMPASSIONATE RELEASE PURSUANT TO 18 U.S.C. SECTION 3582 as to Calvin Hudson. This constitutes the decision and order of the Court (Signed by Judge Colleen McMahon on 9/21/2023) (jw)
7/27/2023Endorsed Letter
7/14/2023Response in Opposition to Motion
6/21/2023Miscellaneous Relief
5/25/2023DECISION AND ORDER DENYING DEFENDANT'S MOTION FOR COMPASSIONATE RELEASEdenying as to Jabron Green. This constitutes the decision and order of the Court (Signed by Judge Colleen McMahon on 5/25/23) (jw)
5/1/2023Response to Motion
4/21/2023Reduce Sentence
1/30/2023CASH BAIL RETURNED as to Calvin Hudson dated 01/03/2023, from Judge P. Kevin Castel, in the amount of $5,000.00, No. 01069887, Check Dated 01/11/2023, payable to C. H. BUTLER. (bwi) (Entered: 01/30/2023)
1/30/2023CASH BAIL RETURNED as to Calvin Hudson dated 01/03/2023, from Judge P. Kevin Castel, in the amount of $5,000.00, No. 01069904, Check Dated 01/11/2023, payable to C.G. LAMBERT. (bwi) (Entered: 01/30/2023)
12/7/2022CLARIFICATION ORDER as to Calvin Hudson. There appears to be an error in the restitution order for Charles Kenyatta (Calvin Hudson's codefendant on this docket), to the extent it states that Kenyatta's restitution is joint and several with his codefendant Calvin Hudson. (See Docket 1: 19-cr-00496-CM, Document 109 at 1, Paragraph A). Hudson was not sentenced to make restitution. Accordingly, Kenyatta's restitution is not joint and several with Hudson. This constitutes the order of the Court. (Signed by Judge Colleen McMahon on 12/7/2022) (ap) (Entered: 12/07/2022)
7/11/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Calvin Hudson. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/15/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 07/11/2022)
7/11/2022TRANSCRIPT of Proceedings as to Calvin Hudson re: Sentence held on 6/15/22 before Judge Colleen McMahon. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2022. Redacted Transcript Deadline set for 8/11/2022. Release of Transcript Restriction set for 10/11/2022. (Moya, Goretti) (Entered: 07/11/2022)
6/15/2022ORDER as to (19-Cr-496-01) Calvin Hudson. It is hereby ordered that Calvin Hudson, the defendant, having been sentenced in the above case to the custody of the Attorney General, is to surrender to the Attorney General by reporting to the to the facility designated by the United States Bureau of Prisons, before 2:00 p.m. on October 3, 2022. (Signed by Judge Colleen McMahon on 6/15/2022)(bw) (Entered: 06/15/2022)
6/15/2022JUDGMENT In A Criminal Case (S3 19-Cr-496-01). Date of Imposition of Judgment: 6/15/2022. Defendant Calvin Hudson (1) pleaded guilty to Count(s) 3s. Count(s) open are dismissed on the motion of the United States. IMPRISONMENT: SIXTY (60) MONTHS. - The court makes the following recommendations to the Bureau of Prisons: The Court recommends that Bureau of Prisons incarcerate defendant in the New York City metropolitan area, to facilitate family visitation. - The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 10/3/2022; as notified by the Probation or Pretrial Services Office. SUPERVISED RELEASE: FIVE (5) YEARS. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Colleen McMahon on 6/15/2022)(bw) (Entered: 06/15/2022)
6/15/2022DISMISSAL OF COUNTS on Government Motion as to Calvin Hudson (1) Count 1,2,2s,3,4s-6s,7s,8s,9s,10s-11s. (jw) (Entered: 06/15/2022)
6/15/2022Minute Entry for proceedings held before Judge Colleen McMahon: Sentencing held on 6/15/2022 for Calvin Hudson (1) Count 3s. Defendant Hudson present with his attorneys David Touger & Daniel Wachtell; AUSA Timothy Capozzi; court reporter Rebecca Foreman. Defendant is sentenced to a SIXTY (60) MONTHS term of imprisonment. The Court recommends that Bureau of Prisons incarcerate defendant in the New York City metropolitan area, to facilitate family visitation. It is hereby ordered that defendant surrender to the Attorney General to begin service of his sentence, by reporting to the to the facility designated by the United States Bureau of Prisons, before 2:00 p.m., on October 3, 2022. Defendant's term of imprisonment will be followed by a FIVE (5) YEARS term of Supervised Release. The Court recommends that the defendant be supervised in the district of residence. In addition to the standard conditions, the following special conditions apply: You shall submit your person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner. Defendant must pay a $100 special assessment to the Clerk of the Court-the assessment is due and owing immediately. Open counts are dismissed on motion of the Government (jw) (Entered: 06/15/2022)
6/8/2022SENTENCING SUBMISSION by USA as to Calvin Hudson. (Capozzi, Timothy) (Entered: 06/08/2022)
6/1/2022 LETTER MOTION addressed to Judge Colleen McMahon from David Touger dated June 1, 2022 re: Sentencing Submission . Document filed by Calvin Hudson. (Attachments: # 1 Exhibit Minutes, # 2 Exhibit Plea Minutes)(Touger, David) (Entered: 06/01/2022)
4/19/2022MEMO ENDORSEMENT as to (19-Cr-496-1) Calvin Hudson on re: 154 FIRST LETTER MOTION filed by Calvin Hudson addressed to Judge Colleen McMahon from Attorney David Touger dated April 13, 2022 re: Adjournment of Sentencing Hearing. ENDORSEMENT: Sentencing adjourned to June 15, 2022 at 10:30 AM. ( Sentencing set for 6/15/2022 at 10:30 AM before Judge Colleen McMahon. )(Signed by Judge Colleen McMahon on 4/19/2022)(bw) (Entered: 04/19/2022)
4/13/2022FIRST LETTER MOTION addressed to Judge Colleen McMahon from David Touger dated April 13, 2022 re: Adjournment of Sentencing Hearing . Document filed by Calvin Hudson. (Touger, David) (Entered: 04/13/2022)
4/7/2022FIRST LETTER MOTION addressed to Judge Colleen McMahon from D. Andrew Marshall, Esq.. dated 04/07/2021 re: Order Authorizing Return of Passport . Document filed by Jabron Green. (Marshall, Darrell) (Entered: 04/07/2022)
3/21/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Calvin Hudson. Notice is hereby given that an official transcript of a Conference proceeding held on 3/9/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 03/21/2022)
3/21/2022TRANSCRIPT of Proceedings as to Calvin Hudson re: Conference held on 3/9/22 before Judge Colleen McMahon. 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 4/11/2022. Redacted Transcript Deadline set for 4/21/2022. Release of Transcript Restriction set for 6/21/2022. (Moya, Goretti) (Entered: 03/21/2022)
3/16/2022MEMO ENDORSEMENT as to Calvin Hudson (1) on 149 LETTER MOTION addressed to Judge Colleen McMahon from David Touger dated March 15, 2022 re: Emergent Bail Request. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 3/16/2022) (ap) (Entered: 03/16/2022)
3/15/2022 LETTER MOTION addressed to Judge Colleen McMahon from David Touger dated March 15, 2022 re: Emergent Bail Request . Document filed by Calvin Hudson. (Touger, David) (Entered: 03/15/2022)
3/9/2022Minute Entry for proceedings held before Judge Colleen McMahon: Status Conference as to Calvin Hudson held on 3/9/2022. Defendant Hudson present with his attorneys David Touger & Daniel Wachtell; AUSAs Timothy Capozzi & Courtney Heavey; court reporter Sonya Moore. Conference held to discuss sentencing matters. The matter is adjourned to April 27, 2022, at 2:00 p.m., for sentence. (Sentencing set for 4/27/2022 at 02:00 PM before Judge Colleen McMahon.) (jbo) (Entered: 03/09/2022)
2/24/2022 LETTER MOTION addressed to Judge Colleen McMahon from David Touger dated February 24, 2022 re: Request for a Court Conference . Document filed by Calvin Hudson. (Touger, David) (Entered: 02/24/2022)
2/11/2022MEMO ENDORSEMENT as to Jabron Green (2) granting 146 LETTER MOTION addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated February 11, 2022 re: Bail Modification. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 2/11/2022) (lnl) (Entered: 02/11/2022)
2/11/2022 LETTER MOTION addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated February 11, 2022 re: Bail Modification . Document filed by Jabron Green. (Kirton, Marlon) (Entered: 02/11/2022)
2/4/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Calvin Hudson. Notice is hereby given that an official transcript of a Conference proceeding held on 1/27/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 02/04/2022)
2/4/2022TRANSCRIPT of Proceedings as to Calvin Hudson re: Conference held on 1/27/22 before Judge Colleen McMahon. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/25/2022. Redacted Transcript Deadline set for 3/7/2022. Release of Transcript Restriction set for 5/5/2022. (Moya, Goretti) (Entered: 02/04/2022)
2/1/2022ENDORSED LETTER as to Calvin Hudson addressed to Judge Colleen McMahon from David Touger dated 1/31/22 re: Mr. Hudson pled guilty to Count 3 of the Superseding Indictment. Furthermore, the government agreed on the date of sentencing to dismiss the remaining open counts of the Superseding Indictment. Mr. Hudson, after reviewing the plea agreement and his memory of his allocution in the comfort of his home, insists that his counsel make it clear to the Court that the other sale dates listed in the plea agreement are solely listed in order to calculate the weight of drugs that he is being held responsible for and solely for the purposes of calculating the stipulated Sentencing Guidelines range...ENDORSEMENT: The allocution says what it says; the plea agreement says what it says; my findings remain what they are. (Signed by Judge Colleen McMahon on 1/31/22)(jw) (Entered: 02/01/2022)
1/27/2022Order of Referral to Probation for Presentence Investigation and Report as to Calvin Hudson. (Signed by Judge Colleen McMahon on 1/27/22)(jbo) (Entered: 01/28/2022)
1/27/2022Change of Not Guilty Plea to Guilty Plea as to Calvin Hudson (1) Count 3s. (jbo) (Entered: 01/28/2022)
1/27/2022Minute Entry for proceedings held before Judge Colleen McMahon: Plea entered by Calvin Hudson (1) Guilty as to Count 3s. (jbo) (Entered: 01/28/2022)
1/27/2022Minute Entry for proceedings held before Judge Colleen McMahon: Change of Plea Hearing as to Calvin Hudson held on 1/27/2022. Defendant Hudson present with his attorneys David Touger & Daniel Wachtell; AUSAs Timothy Capozzi & Courtney Heavey; court reporter Lisa Fellis. Defendant withdraws his previously entered plea of not guilty to Count S3-3 of Superseding Indictment S3 19 CR 496-01 (CM), and now pleads guilty to Count S3-3Court accepts plea. The matter is adjourned to April 27, 2022, at 2:00 p.m., for sentence. The Probation Department is directed to prepare a presentence investigation report to aid the court in sentencing. (Sentencing set for 4/27/2022 at 02:00 PM before Judge Colleen McMahon.) (jbo) (Entered: 01/28/2022)
1/18/2022MEMO ENDORSED re: 141 LETTER MOTION Extension as to Jabron Green (2)... ENDORSEMENT: Surrender date adjourned to April 4, 2022. (Signed by Judge Colleen McMahon on 1/18/22) (jbo) (Entered: 01/18/2022)
1/4/2022 LETTER MOTION addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated January 4, 2022 re: Extension . Document filed by Jabron Green. (Kirton, Marlon) (Entered: 01/04/2022)
11/12/2021MEMO ENDORSEMENT as to Jabron Green (2) granting 139 LETTER MOTION addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated November 11, 2021 re: Bail Modification. ENDORSEMENT: Request to travel as detailed herein Granted. (Signed by Judge Colleen McMahon on 11/12/2021) (lnl) (Entered: 11/12/2021)
11/11/2021 LETTER MOTION addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated November 11, 2021 re: Bail Modification . Document filed by Jabron Green. (Kirton, Marlon) (Entered: 11/11/2021)
10/15/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jabron Green. Notice is hereby given that an official transcript of a Conference proceeding held on 9/22/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 10/15/2021)
10/15/2021TRANSCRIPT of Proceedings as to Jabron Green re: Conference held on 9/22/21 before Judge Colleen McMahon. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/5/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/13/2022. (Moya, Goretti) (Entered: 10/15/2021)
9/30/2021MEMO ENDORSEMENT as to Jabron Green (2) granting 134 LETTER MOTION addressed to Judge Colleen McMahon from D. Andrew Marshall, Esq.. dated 09/27/20201 re: Bail Modification To visit with son at Lehigh University. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 9/30/2021) (lnl) (Entered: 09/30/2021)
9/29/2021 LETTER MOTION addressed to Judge Colleen McMahon from D. Andrew Marshall, Esq.. dated 09/27/20201 re: Bail Modification To visit with son at Lehigh University. Document filed by Jabron Green. Return Date set for 9/30/2021 at 02:00 PM. (Marshall, Darrell) (Entered: 09/29/2021)
9/24/2021JUDGMENT IN A CRIMINAL CASE as to Jabron Green (2). THE DEFENDANT: pleaded guilty to count S2-1. Counts and instruments open are dismissed on the motion of the United States IMPRISONMENT: SIXTY (60) MONTHS. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that BOP's first consideration when designating defendant be defendant's medical conditions, and that he be placed in a BOP medical facility; if BOP is unable to place defendant in a medical facility, the Court recommends that defendant be placed in a BOP facility in the New York Metropolitan area, to facilitate family visitation. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: @ before 2 p.m. on 1/24/2202, as notified by the Probation or Pretrial Services Office. SUPERVISED RELEASE: FOUR (4) YEARS. See ADDITIONAL SUPERVISED RELEASE TERMS. ASSESSMENT: $100.00 due immediately. (Signed by Judge Colleen McMahon on 9/22/2021) (ap) (Entered: 09/24/2021)
9/24/2021ORDER as to Jabron Green: It is hereby ordered that Jabron Green, having been sentenced in the above case to the custody of the Attorney General, is to surrender to the Attorney General by reporting to the to the facility designated by the United States Bureau of Prisons, before 2:00 p.m., on January 24, 2022. (Signed by Judge Colleen McMahon on 9/22/2021) (ap) (Entered: 09/24/2021)
9/22/2021DISMISSAL OF COUNTS on Government Motion as to Jabron Green (2) Count 1. (jbo) (Entered: 09/22/2021)
9/22/2021Minute Entry for proceedings held before Judge Colleen McMahon: Sentencing held on 9/22/2021 for Jabron Green (2) Count 1s. Defendant present with his attorney Marlon Kirton & D. Andrew Marshall; AUSA Timothy Capozzi; Court Reporter Sadie Herbert. Defendant is sentenced to a term of imprisonment of SIXTY (60) MONTHS. The Court recommends that BOP's first consideration when designating defendant be defendant's medical conditions, and that he be placed in a BOP medical facility; if BOP is unable to place defendant in a medical facility, the Court recommends that defendant be placed in a BOP facility in the New York Metropolitan area, to facilitate family visitation. Defendant will voluntarily surrender to begin service of his sentence, before 2:00 p.m., on Monday January 24, 2022. Defendant=s term of imprisonment will be followed by a FOUR (4) YEAR term of Supervised Release. The Court recommends that the defendant be supervised in the district of residence. In addition to the standard conditions that apply: Defendant will participate in an outpatient treatment program approved by the United States Probation Office, which program may include testing to determine whether defendant has reverted to using drugs or alcohol. Defendant must contribute to the cost of services rendered based on ability to pay and the availability of third-party payments. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance abuse treatment provider. Defendant must pay a $100 special assessment to the Clerk of the Court. Open instruments and counts are dismissed on motion of the Government. (jbo) (Entered: 09/22/2021)
9/22/2021MEMO ENDORSEMENT as to Calvin Hudson (1) on 130 LETTER MOTION addressed to Judge Colleen McMahon from USA dated September 22, 2021 re: Request for an Adjournment and Exclusion of Time under the Speedy Trial Act. ENDORSEMENT: Case adj. to Jan. 27, 2022 at 2PM, for a final pretrial conference. The Court has requested a Mar. 14, 2022 trial date-time is excluded through Mar. 14, in the interest of justice. (Signed by Judge Colleen McMahon on 9/22/2021) (ap) (Entered: 09/22/2021)
9/22/2021 LETTER MOTION addressed to Judge Colleen McMahon from USA dated September 22, 2021 re: Request for an Adjournment and Exclusion of Time under the Speedy Trial Act . Document filed by USA as to Calvin Hudson. (Flodr, Aline) (Entered: 09/22/2021)
9/9/2021SENTENCING SUBMISSION by Jabron Green. (Kirton, Marlon) (Entered: 09/09/2021)
9/4/2021FIRST LETTER MOTION addressed to Judge Colleen McMahon from D. Andrew Marshall, Esq.. dated 09/04/2021 re: 80 Final Presentence Investigation Report,, re: Objections To PSR . Document filed by Jabron Green. Return Date set for 9/22/2021 at 02:00 PM. (Marshall, Darrell) (Entered: 09/04/2021)
7/12/2021127SEALED DOCUMENT placed in vault. (nmo) (Entered: 07/12/2021)
7/7/2021SENTENCING SUBMISSION by Jabron Green. (Attachments: # 1 Exhibit Pay Stubs, # 2 Exhibit Pay Stubs, # 3 Exhibit Pay Stubs, # 4 Exhibit Pay Stubs)(Kirton, Marlon) (Entered: 07/07/2021)
7/6/2021 LETTER MOTION addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated July 6, 2021 re: Adjournment . Document filed by Jabron Green. (Kirton, Marlon) (Entered: 07/06/2021)
7/5/2021SENTENCING SUBMISSION by USA as to Jabron Green. (Capozzi, Timothy) (Entered: 07/05/2021)
6/10/2021MEMO ENDORSEMENT re: 122 LETTER MOTION addressed to Judge Colleen McMahon from Timothy V. Capozzi dated June 10, 2021 re: Request to adjourn conference and exclude time under the Speedy Trial Act...ENDORSEMENT...Case adjourned to September 23, 2021 at 2:30pm. Time excluded in the interest of justice, with defendant's consent (Signed by Judge Colleen McMahon on 6/10/21) (jw) (Entered: 06/11/2021)
6/10/2021 LETTER MOTION addressed to Judge Colleen McMahon from Timothy V. Capozzi dated June 10, 2021 re: Request to adjourn conference and exclude time under the Speedy Trial Act . Document filed by USA as to Calvin Hudson. (Capozzi, Timothy) (Entered: 06/10/2021)
4/22/2021MEMO ENDORSEMENT as to Jabron Green on 120 LETTER MOTION addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated April 21, 2021 re: Adjournment. ENDORSEMENT: Sentencing adj to July 7, 2021 at 11:30 am. (Sentencing set for 7/7/2021 at 11:30 AM before Judge Colleen McMahon) (Signed by Judge Colleen McMahon on 4/22/2021) (lnl) (Entered: 04/23/2021)
4/21/2021 LETTER MOTION addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated April 21, 2021 re: Adjournment . Document filed by Jabron Green. (Kirton, Marlon) (Entered: 04/21/2021)
3/4/2021DECISION AND ORDER ON DEFENDANT'S MOTION TO SEVER CERTAIN COUNTS AND GOVERNMENT'S MOTIONS IN LIMINE as to Calvin Hudson. Calvin Hudson stands charged in an eleven-count indictment with various crimes: six relate to an alleged drug-dealing conspiracy, and five relate to an alleged loan-sharking scheme. Hudson has filed a motion asking the Court to sever the trial of the drug counts from the trial of the extortion counts. He claims that the drug and extortion counts deal with entirely distinct courses of conduct, and that trying them together would work a substantial prejudice against him, and violate his right to a fair trial. The Government opposes the motion, arguing that the offenses are properly joined because they have a sufficient logical connection to each other, and because the Government's evidence on the drug counts and the extortion counts overlap. The motion is granted. Should defendant claim, as the Government suggests, that Victim-2 has recently fabricated that Hudson extorted Victim-2 in order to evade repaying a business debt that Victim-2 owed the defendant, the Government will be permitted to introduce Victim-2's prior consistent statement. This constitutes the decision and order of the Court. As the parties requested, the Court has requested a trial date for the fourth quarter of 2021 (Signed by Judge Colleen McMahon on 3/4/21)(jw) (Entered: 03/05/2021)
2/17/2021 RESPONSE in Support of Motion by Calvin Hudson re: 79 LETTER MOTION addressed to Judge Colleen McMahon from Daniel F. Wachtell dated 4/13/2020 re: Severance of counts pursuant to Fed.R.Crim.P. 8 & 14 .. (Wachtell, Daniel) (Entered: 02/17/2021)
2/16/2021MEMO ENDORSEMENT granting 116 LETTER MOTION To request an adjustment of Mr. Green's bail conditions to allow him to take a one-day trip to visit his son in Pennsylvania as to Jabron Green...ENDORSEMENT...OK (Signed by Judge Colleen McMahon on 2/16/21) (jw) (Entered: 02/16/2021)
2/15/2021 LETTER MOTION addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated February 15, 2021 re: Bail Modification . Document filed by Jabron Green. (Kirton, Marlon) (Entered: 02/15/2021)
2/13/2021 REPLY MEMORANDUM OF LAW in Opposition by USA as to Calvin Hudson re: 79 LETTER MOTION addressed to Judge Colleen McMahon from Daniel F. Wachtell dated 4/13/2020 re: Severance of counts pursuant to Fed.R.Crim.P. 8 & 14 . . (Flodr, Aline) (Entered: 02/13/2021)
2/9/2021MEMO ENDORSEMENT as to Calvin Hudson on 113 LETTER by Calvin Hudson addressed to Judge Colleen McMahon from Daniel F. Wachtell dated February 4, 2021 re: Motion for Severance. ENDORSEMENT: Defendant's counsel missed my point. I want to hear from the government. I need to hear from the government. I need to understand precisely what evidence that is pertinent to drug dealing will be needed by the government at a separate extortion trial - who will testify to what (a proffer) and why that testimony is admissible (a legal argument). I would have demanded that at our conference but the defense asked for time to consider whether to share the proffer that was made to the court. The fact that the defense does not have to share the proffer does not obviate the need for a government response. (Signed by Judge Colleen McMahon on 2/9/2021)(lnl) (Entered: 02/09/2021)
2/4/2021 LETTER by Calvin Hudson addressed to Judge Colleen McMahon from Daniel F. Wachtell dated February 4, 2021 re: Motion for Severance (Wachtell, Daniel) (Entered: 02/04/2021)
2/3/2021ORDER as to Calvin Hudson. This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to confirm the Government's disclosure obligations under Bradyv. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. (*** See this Order as set forth. ***) SO ORDERED. (Signed by Judge Colleen McMahon on 2/2/2021)(bw) (Entered: 02/03/2021)
2/2/2021ORAL ORDER as to Calvin Hudson (1). Time excluded from 2/2/2021 until 3/23/2021. Status Conference set for 3/23/2021 at 12:00 PM before Judge Colleen McMahon. (bw) (Entered: 02/03/2021)
2/2/2021Minute Entry for proceedings held before Judge Colleen McMahon: Status Conference as to (19-Cr-496-01) Calvin Hudson held on 2/2/2021. Status Conference (via Skype): Defendant Hudson present with his attorneys David Touger& Daniel Wachtell; AUSA Timothy Capozzi; court reporter Kelly Surina. Defendant waives his right to be present in court and agrees to participate in the conference via Skype video-teleconference. Court makes necessary findings, pursuant to the CARES Act, permitting the Court to proceed via video-telephone conference. Court enters "Brady Order" (both in writing and orally), in compliance with Fed.R.Crim.P. 5(f). Court hears argument on defendant's motion to sever certain counts for trial purposes. Matter adjourned to March 23, 2021, at 12:00 p.m., for a status conference. Speedy trial time is excluded through March 23, 2021, to allow for the adjudications of pending motions, and in the interest of justice, to accommodate the defense. McMahon, C.J. (bw) (Entered: 02/03/2021)
2/2/2021ORDER as to Calvin Hudson. The Court will hold a conference in this matter on February 2, 2021 at 2:15 p.m., using the Skype video call platformthe Skype link and logon instructions have been emailed to the parties. The public and press may access the audio feed of the conference by calling 888-363-4749, and entering access code 9054506 ( Status Conference set for 2/2/2021 at 02:15 PM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 2/2/21)(jw) (Entered: 02/02/2021)
1/29/2021ORDER as to Calvin Hudson: Calvin Hudson stands charged in an eleven-count superseding indictment with various crimes: six relate to an alleged drug-dealing conspiracy, and five relate to an alleged loansharking scheme. The matter is on this court's calendar for a status conference, via Skype, on Tuesday, February 2, 2021, at 2: 15 p.m. The original purpose for scheduling the conference was from the narcoticscounts is still sub Judice, and it is necessary that the Government put in an additional reply. I thus ask the Government to assume that the proffered testimony relates to the source of the funds that Hudson either loaned to (the Government's story) or invested with (Hudson's story) Victims I and 2 (I am not revealing anything to the Government by saying this much about the proffer). If evidence about the defendant's drug dealing would be admissible (1) as part of the Government's case in chief, under any theory; or (2) in rebuttal should the defendant open the door by giving testimony on the subject implicated by his proffer, then I need specific information about (1) what testimony the Government would offer; (2) when; and (3) under what theory or rule of evidence this evidence would be admissible. Since the Government has not filed a sur-reply subsequent to the proffer, it has had no opportunity to address with specificity the matters implicated by the proffer. I need to give the Government that opportunity. We will discuss this issue at our Skype conference on Tuesday. (Signed by Judge Colleen McMahon on 1/29/2021) (See ORDER set forth) (ap) (Entered: 01/29/2021)
1/22/2021110SEALED DOCUMENT placed in vault. (nmo) (Entered: 01/22/2021)
12/15/2020ORDER OF RESTITUTION as to Charles Kenyatta. (Signed by Judge Colleen McMahon on 12/14/2020) (ap) (Entered: 12/15/2020)
12/14/2020 LETTER MOTION addressed to Judge Colleen McMahon from USA dated December 14, 2020 re: Entry of Proposed Order of Restitution . Document filed by USA as to Charles Kenyatta. (Flodr, Aline) (Entered: 12/14/2020)
11/13/2020MEMO ENDORSEMENT as to Charles Kenyatta (3) granting 106 LETTER MOTION addressed to Judge Colleen McMahon from USA dated November 13, 2020 re: Order of Restitution. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 11/13/2020) (ap) (Entered: 11/13/2020)
11/13/2020 LETTER MOTION addressed to Judge Colleen McMahon from USA dated November 13, 2020 re: Order of Restitution . Document filed by USA as to Charles Kenyatta. (Flodr, Aline) (Entered: 11/13/2020)
10/23/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Calvin Hudson, Jabron Green, Charles Kenyatta. Notice is hereby given that an official transcript of a Conference proceeding held on 9/15/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/23/2020)
10/23/2020TRANSCRIPT of Proceedings as to Calvin Hudson, Jabron Green, Charles Kenyatta re: Conference held on 9/15/20 before Judge Colleen McMahon. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2020. Redacted Transcript Deadline set for 11/23/2020. Release of Transcript Restriction set for 1/21/2021. (McGuirk, Kelly) (Entered: 10/23/2020)
10/13/2020MEMO ENDORSEMENT as to (19-Cr-496-2) Jabron Green on re: 102 LETTER MOTION filed by Jabron Green addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated October 12, 2020 re: Adjournment. ENDORSEMENT: Sentencing adjourned to March 25, 2021 at 2 pm. (Signed by Judge Colleen McMahon on 10/13/2020)(bw) (Entered: 10/13/2020)
10/12/2020 LETTER MOTION addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated October 12, 2020 re: Adjournment . Document filed by Jabron Green. (Kirton, Marlon) (Entered: 10/12/2020)
9/23/2020Minute Entry for proceedings held before Judge Colleen McMahon:Status Conference as to Calvin Hudson held on 9/23/2020 as to Calvin Hudson. Defendant Hudson present with his attorneys David Touger & Daniel Wachtell; AUSA Maureen Comey; court reporter Carol Ganley. The Court asks AUSA Comey to leave room and holds and ex parte conversation with Messrs. Touger, Wachtell and Hudson to (1) discuss counsel's motion to adjourn trial for medical reasons, and (2) listen to counsels profferin furtherance of defendants motion to sever the trial of the extortion/money laundering counts from the trial of the narcotics countsof what defendants proposed testimony would be at a severed trial of the extortion/money laundering counts. That portion of the proceeding is sealed. The AUSA returned to the room and the Court granted the defendant's request to adjourn the trial. Matter adjourned to January 19, 2021, at 2:00 p.m., for a status conference. Speedy trial time is excluded through January 19, 2021, to allow for the adjudications of pending motions, and in the interest of justice, to accommodate the defense ( Status Conference set for 1/19/2021 at 02:00 PM before Judge Colleen McMahon.) (jw) (Entered: 09/23/2020)
9/15/2020JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 9/15/2020. Defendant Charles Kenyatta (3) pleaded guilty to Count(s) 1s. Count(s) open are dismissed on the motion of the United States. IMPRISONMENT: TWENTY-FOUR (24) MONTHS. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that BOP designate defendant to a facility in the New York Metropolitan area, to facilitate family visitation. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: TWO (2) YEARS. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. The determination of restitution is deferred until 12/14/2020. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. Additional Payment Terms (See page 8 of Judgment). (Signed by Judge Colleen McMahon on 9/15/2020)(bw) (Entered: 09/15/2020)
9/15/2020DISMISSAL OF COUNTS on Government Motion as to Charles Kenyatta (3) Count 2,3. (bw) (Entered: 09/15/2020)
9/15/2020Minute Entry for proceedings held before Judge Colleen McMahon: Sentencing held on 9/15/2020 for Charles Kenyatta (3) Count 1s. SENTENCING: Defendant present with his attorney Ezra Spilke; AUSA Aline R. Flodr; court reporter Andrew Walker. Defendant is sentenced to a term of imprisonment of TWENTY-FOUR (24) MONTHS. The Court recommends that BOP designate defendant to a facility in the New York Metropolitan area, to facilitate family visitation. Defendant shall make restitution in an amount to be determined within 90 days of sentencing (in accordance with 18 U.S.C. § 3664(d)(5)), payable to the Clerk, U.S. District Court (SDNY), for further disbursement to the Victim(s). The restitution shall be paid in monthly installments of 15% of gross monthly income over a period of supervision to commence thirty days from defendant's release from custody. If while incarcerated defendant is engaged in a BOP non-UNICOR work program, the defendant shall pay $25 per quarter toward the criminal financial penalties. If defendant participates in a BOP UNICOR program as a grade 1-4, the defendant shall pay 50% of his monthly UNICOR earnings toward the criminal financial penalties. Such payments are consistent with BOP regulations at 28 C.F.R.' 545.11. Defendant must also pay a $100 special assessment to the Clerk of the Court. Defendant's term of imprisonment will be followed by a TWO (2) YEAR term of Supervised Release. The Court recommends that the defendant be supervised in the district of residence. In addition to the standard conditions that apply: 1. You will participate in an outpatient treatment program approved by the United States Probation Office, which program may include testing to determine whether you have reverted to using drugs or alcohol. You must contribute to the cost of services rendered based on your ability to pay and the availability of third-party payments. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance abuse treatment provider. 2. You must provide the probation officer with access to any requested financial information. 3. You must not incur new credit charges or open additional lines of credit without the approval of the probation officer unless you are in compliance with the installment payment schedule. 4. You shall submit your person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner. Open instruments and counts are dismissed on motion of the Government. McMahon, C.J. (bw) (Entered: 09/15/2020)
9/14/2020 LETTER by Charles Kenyatta addressed to Judge Colleen McMahon from Ezra Spilke dated September 14, 2020 re: transfer from WCJ (Spilke, Ezra) (Entered: 09/14/2020)
9/11/2020SENTENCING SUBMISSION by USA as to Charles Kenyatta. (Flodr, Aline) (Entered: 09/11/2020)
9/10/2020SENTENCING SUBMISSION by Charles Kenyatta. (Attachments: # 1 Exhibit Letter from CK, Jr., # 2 Exhibit Additional photographs)(Spilke, Ezra) (Entered: 09/10/2020)
9/4/2020SENTENCING SUBMISSION by Charles Kenyatta. (Attachments: # 1 Exhibit Photos, # 2 Exhibit Letters)(Spilke, Ezra) (Entered: 09/04/2020)
8/19/2020DEFENDANT'S REQUEST TO ADJOURN TRIAL IS DENIED as to Calvin Hudson. (Signed by Judge Colleen McMahon on 8/19/2020) (See ORDER as set forth) (lnl) (Entered: 08/19/2020)
8/17/2020MEMORANDUM in Opposition by Calvin Hudson re 65 MOTION in Limine .. and Defendant's cross-motion in limine (Wachtell, Daniel) (Entered: 08/17/2020)
6/23/202094SEALED DOCUMENT placed in vault. (dn) (Entered: 06/24/2020)
6/22/2020 LETTER by Calvin Hudson addressed to Judge Colleen McMahon from Daniel F. Wachtell dated 6/22/2020 re: Reply In Support of Motion for Severance (Wachtell, Daniel) (Entered: 06/22/2020)
6/22/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Calvin Hudson: Notice to Attorney Wachtell, Daniel to RE-FILE Document 92 Reply Memorandum of Law in Support of Motion. Use the event type Letter found under the event list Other documents. (ka) (Entered: 06/22/2020)
6/22/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Support as to Calvin Hudson re: 79 LETTER MOTION addressed to Judge Colleen McMahon from Daniel F. Wachtell dated 4/13/2020 re: Severance of counts pursuant to Fed.R.Crim.P. 8 & 14 . . (Wachtell, Daniel) Modified on 6/22/2020 (ka). (Entered: 06/22/2020)
6/15/2020Set/Reset Hearings as to Jabron Green: Sentencing set for 11/12/2020 at 04:00 PM before Judge Colleen McMahon. (lnl) (Entered: 06/15/2020)
6/15/2020MEMO ENDORSEMENT as to Jabron Green (2) granting 88 LETTER MOTION addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated May 23, 2020 re: Adjournment. ENDORSEMENT: Sentencing adj to Nov. 12, 2020 at 4pm. (Signed by Judge Colleen McMahon on 6/15/2020) (lnl) (Entered: 06/15/2020)
6/12/2020MEMORANDUM in Opposition by USA as to Calvin Hudson re 79 LETTER MOTION addressed to Judge Colleen McMahon from Daniel F. Wachtell dated 4/13/2020 re: Severance of counts pursuant to Fed.R.Crim.P. 8 & 14 ., 78 MOTION in Limine to Sever Counts of the Superseding Indictment pursuant to Fed.R.Crim.P. 8 & 14.. (Comey, Maurene) (Entered: 06/12/2020)
5/27/2020Minute Entry for proceedings held before Judge Colleen McMahon: Status Conference as to Calvin Hudson held on 5/27/2020. Status Conference via Telephone. The following parties participated via telephone: Defendant Hudson with his CJA attorneys David Touger & Daniel Wachtell; AUSAs Maureen Comey & Aline Flodr; court reporter Khris Sellin. Court sets new trial date: November 9, 2020, at 9:30 a.m. The Court will hold a status conference on September 9, 2020, at 2:00 p.m. Defendants motion to modify his bail conditions is denied. Speedy trial time is excluded through the trial date, November 9, 2020, in the interest of justice, to allow counsel time to review discovery and prepare for trial. (Jury Trial set for 11/9/2020 at 09:30 AM before Judge Colleen McMahon. Status Conference set for 9/9/2020 at 02:00 PM before Judge Colleen McMahon) (Court Reporter Khris Sellin) (ap) (Entered: 05/28/2020)
5/26/2020ORDER as to Calvin Hudson: The Court will hold a telephone conference in this matter on Wednesday, May 27, 2020, at 3:00 p.m. To join the conference the parties are to dial in at: 888-363-4749; the Access Code is: 9054506. This is an open proceeding and the public (including defendant's family members) and press are welcomed to dial in, but must remain silent. (Telephone Conference set for 5/27/2020 at 03:00 PM before Judge Colleen McMahon) (Signed by Judge Colleen McMahon on 5/26/2020) (lnl) (Entered: 05/26/2020)
5/23/2020 LETTER MOTION addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated May 23, 2020 re: Adjournment . Document filed by Jabron Green. (Kirton, Marlon) (Entered: 05/23/2020)
5/5/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Calvin Hudson, Jabron Green, Charles Kenyatta. Notice is hereby given that an official transcript of a Conference proceeding held on 2/27/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/05/2020)
5/5/2020TRANSCRIPT of Proceedings as to Calvin Hudson, Jabron Green, Charles Kenyatta re: Conference held on 2/27/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2020. Redacted Transcript Deadline set for 6/5/2020. Release of Transcript Restriction set for 8/3/2020. (McGuirk, Kelly) (Entered: 05/05/2020)
4/21/2020MEMO ENDORSEMENT 84 LETTER MOTION to Allow counsel to submit interim vouchers as to Calvin Hudson...ENDORSEMENT...Granted. SO ORDERED. (Signed by Judge Colleen McMahon on 4/21/20) (jw) (Entered: 04/21/2020)
4/20/2020 LETTER MOTION addressed to Judge Colleen McMahon from David Touger dated April 20, 2020 re: Interim Vouchers . Document filed by Calvin Hudson. (Touger, David) (Entered: 04/20/2020)
4/20/2020***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Calvin Hudson: Notice to Attorney Touger, David to RE-FILE Document 83 FIRST LETTER MOTION addressed to Judge Colleen McMahon from David Touger dated April 20, 2020 re: Interim Vouchers. ERROR(S): Attorney signature missing from document. (ka) (Entered: 04/20/2020)
4/20/2020 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - FIRST LETTER MOTION addressed to Judge Colleen McMahon from David Touger dated April 20, 2020 re: Interim Vouchers . Document filed by Calvin Hudson. (Touger, David) Modified on 4/20/2020 (ka). (Entered: 04/20/2020)
4/17/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Calvin Hudson. Notice is hereby given that an official transcript of a Conference proceeding held on 3/19/2020 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: 04/17/2020)
4/17/2020TRANSCRIPT of Proceedings as to Calvin Hudson re: Conference held on 3/19/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/8/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/16/2020. (McGuirk, Kelly) (Entered: 04/17/2020)
4/13/2020 LETTER MOTION addressed to Judge Colleen McMahon from Daniel F. Wachtell dated 4/13/2020 re: Severance of counts pursuant to Fed.R.Crim.P. 8 & 14 . Document filed by Calvin Hudson. (Attachments: # 1 Affirmation of Daniel F. Wachtell)(Wachtell, Daniel) (Entered: 04/13/2020)
4/13/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Calvin Hudson: Notice to Attorney Wachtell, Daniel to RE-FILE Document 78 MOTION in Limine to Sever Counts of the Superseding Indictment pursuant to Fed.R.Crim.P. 8 & 14. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 04/13/2020)
4/13/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine to Sever Counts of the Superseding Indictment pursuant to Fed.R.Crim.P. 8 & 14. Document filed by Calvin Hudson as to Calvin Hudson, Jabron Green, Charles Kenyatta. (Attachments: # 1 Affirmation of Daniel F. Wachtell)(Wachtell, Daniel) Modified on 4/13/2020 (ka). (Entered: 04/13/2020)
3/29/2020LETTER REPLY TO RESPONSE to Motion by Charles Kenyatta addressed to Judge Colleen McMahon from Ezra Spilke dated March 27, 2020 re 73 LETTER MOTION addressed to Judge Colleen McMahon from Ezra Spilke dated March 26, 2020 re: release pending sentence .. (Attachments: # 1 Exhibit)(Spilke, Ezra) (Entered: 03/29/2020)
3/27/2020Minute Entry for proceedings held before Judge Colleen McMahon: Bail Review via Telephone as to Charles Kenyatta held on 3/27/2020: Defendant present via telephone from Westchester County Correctional Facility at Valhalla New York; his attorney Ezra Spilke present via telephone; AUSAs Aline Flodr & Maureen Comey present via telephone; Court Reporter Vincent Bologna present via telephone; Chief Judge McMahon present in Courtroom 24A at the TMC, with all the above parties on a conference telephone line. Defendant is currently being held without bail after pleading guilty on January 17, 2020, to loan sharking. His sentencing is scheduled for April 21, 2020. He now asks to be release on bail conditions. Defendant consents to proceeding via telephone given the current COVID-19 health emergency. The Government asks that defendant continue to be detained. Defendant's motion is DeniedREMAND status is continued. (lnl) (Entered: 03/30/2020)
3/27/2020 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #76) - LETTER REPLY TO RESPONSE to Motion by Charles Kenyatta addressed to Judge Colleen McMahon from Ezra Spilke dated March 27, 2020 re 73 LETTER MOTION addressed to Judge Colleen McMahon from Ezra Spilke dated March 26, 2020 re: release pending sentence .. (Attachments: # 1 Exhibit A-B)(Spilke, Ezra) Modified on 3/30/2020 (ldi). (Entered: 03/27/2020)
3/27/2020LETTER RESPONSE in Opposition by USA as to Charles Kenyatta addressed to Judge Colleen McMahon from the Government dated March 27, 2020 re: 73 LETTER MOTION addressed to Judge Colleen McMahon from Ezra Spilke dated March 26, 2020 re: release pending sentence .. (Flodr, Aline) (Entered: 03/27/2020)
3/26/2020 LETTER MOTION addressed to Judge Colleen McMahon from Ezra Spilke dated March 26, 2020 re: release pending sentence . Document filed by Charles Kenyatta. (Attachments: # 1 Exhibit A-D)(Spilke, Ezra) Modified on 3/30/2020 (lnl). (Entered: 03/26/2020)
3/23/2020Appearance Bond Entered as to (19-Cr-496-01) Calvin Hudson in amount of $200,000.00. DEFENDANT MAY BE RELEASED ONLY AFTER ALL OF THE FOLLOWING CONDITIONS ARE MET: 1) DEFENDANT MUST EXECUTE A $200,000 PRB, COSIGNED BY HIS WIFE AND DAUGHTER, AND SECURED BY $10,000 CASH; 2) DEFENDANT'S SUPERVISION WILL INCLUDE HOME INCARCERATION (THE DETERMINATION OF THE MONITORING TECHNOLOGY IS AT THE DISCRETION OF PRETRIAL SERVICES). HOME INCARCERATION MEANS 24 HOUR LOCKDOWN, WITH THE LONE LEAVE EXCEPTION FOR NECESSARY MEDICAL SERVICES. ALL OTHER LEAVE FROM THE RESIDENCE MUST BE SUBMITTED THROUGH DEFENSE COUNSEL FOR THE COURT'S APPROVAL; 3) DEFENDANT MUST SURRENDER ALL PASSPORTS (INCLUDING ANY TEMPORARY OR EXPIRED PASSPORTS--ALL PASSPORT DOCUMENTS) AND MAKE NO NEW APPLICATIONS FOR A PASSPORT OR OTHER INTERNATIONAL TRAVEL DOCUMENT; 4) DEFENDANT MUST SUBMIT TO DRUG TESTING AT THE DISCRETION OF THE PROBATION DEPARTMENT; AND 5) DEFENDANT MUST COMPLY WITH ALL THE OTHER STANDARD CONDITIONS OF PRETRIAL RELEASE. THIS RELEASE ORDER SHALL APPLY FOR A PERIOD OF 60 DAYS ONLY, AT WHICH TIME THE NEED FOR CONTINUED RELEASE UNDER THE "COMPELLING REASON" THAT RELEASE WAS ORDERED SHALL BE REVISITED BY THE COURT. WITHIN TWO WEEKS OF HIS RELEASE, THE DEFENDANT MUST PURCHASE OR SECURE AN IPHONE WITH FACETIME CAPABILITIES FOR REMOTE/VIRTUAL MONITORING BY PRETRIAL SERVICES. WHEN HOME VISITS ARE SCHEDULED BY PRETRIAL SERVICES, TO THE BEST OF THEIR ABILITIES, DEFENDANT SHALL COMPLY WITH PRETRIAL SERVICES REQUESTS TO REMOVE ALL COHABITANTS OF THE RESIDENTS PRIOR TO THE VISIT. THE DEFENDANT MUST REPORT AND DISCLOSE TO PRETRIAL SERVICES WHEN ANY COHABITANT OF THE RESIDENCE, INCLUDING SELF, MAY BE SYMPTOMATIC OF ANY ILLNESS. (bw) (Entered: 03/23/2020)
3/19/2020Minute Entry for proceedings held before Judge Colleen McMahon: Bond Review Hearing as to Calvin Hudson held on 3/19/2020. Defendant present with his attorney David Touger; AUSA Aline Flodr; Court Reporter Carol Ganley. Defendant asks that the Court reconsider its previous rulings remanding defendant, and to now release him on bail conditions. The Government asks that defendant continue to be detained. Defendant's motion is Granted based on compelling reasons related to the current health crisis. Defendant may be released only after ALL of the following conditions are met: 1- Defendant must execute a $200,000 PRB, co-signed by his wife and daughter, and secured by $10,000 cash. 2- Defendant's supervision will include HOME INCARCERATION (the determination of the monitoring technology is at the discretion of Pretrial Services). Home Incarceration means 24-hour lockdown, with the lone leave exception for necessary medical services. All other leave from the residence must be submitted through defense counsel for the court's approval; 3- Defendant must surrender all passports (including any temporary or expired passportsall passport documents) and make no new applications for a passport or other international travel document; 6- Defendant must submit to drug testing at the discretion of the Probation Department; and 7- Defendant must comply with all the other standard conditions of pretrial release. This release order shall apply for a period of 60 days only, at which time the need for continued release under the "compelling reason" that release was ordered shall be revisited by the Court. Within two weeks of his release, the defendant must purchase or secure an iPhone with Facetime capabilities for remote/virtual monitoring by Pretrial Services. When home visits are scheduled by Pretrial Services, defendant shall comply with Pretrial Services requests to remove all cohabitants of the residents prior to the visit. The defendant must report and disclose to Pretrial Services when any cohabitant of the residence, including self, may be symptomatic of any illness. The matter is scheduled for May 27, 2020, at 4:30, to review bail conditions and set a trial date. Speedy trial time is excluded through May 27, 2020, in the interest of justice, to allow the defendants to review discovery and discuss possible pretrial disposition with the Government. (jbo) (Entered: 03/20/2020)
3/13/2020MEMO ENDORSEMENT 70 LETTER MOTION Respectfully renewing the defense motion for bail at this time as to Calvin Hudson..ENDORSEMENT..Motion to be released on bail is denied. We can discuss the matter at the conference scheduled for Wednesday (3/13) at 2pm. SO ORDERED. (Signed by Judge Colleen McMahon on 3/13/20) (jw) (Entered: 03/13/2020)
3/13/2020SECOND LETTER MOTION addressed to Judge Colleen McMahon from David Touger dated March 13, 2020 re: Reconsider Bail Motion . Document filed by Calvin Hudson. (Touger, David) (Entered: 03/13/2020)
3/9/2020FIRST LETTER MOTION addressed to Judge Colleen McMahon from David Touger, Esq. dated March 9, 2020 re: Adjournment of trial date . Document filed by Calvin Hudson. (Touger, David) (Entered: 03/09/2020)
3/5/2020MEMO ENDORSEMENT as to Calvin Hudson (1) denying 67 FIRST LETTER MOTION addressed to Judge Colleen McMahon from David Touger dated March 4, 2020 re: Reconsideration of bail. ENDORSEMENT: Defendant's Motion to be released on bail is denied, with leave to renew should the temporary visiting shutdown at the MCC persist pas next week. (Signed by Judge Colleen McMahon on 3/4/2020) (ap) Modified on 3/6/2020 (ap). (Entered: 03/05/2020)
3/4/2020FIRST LETTER MOTION addressed to Judge Colleen McMahon from David Touger dated March 4, 2020 re: Reconsideration of bail . Document filed by Calvin Hudson. (Touger, David) (Entered: 03/04/2020)
3/3/202066SEALED DOCUMENT placed in vault. (mhe) (Entered: 03/03/2020)
2/28/2020 MOTION in Limine . Document filed by USA as to Calvin Hudson. (Capozzi, Timothy) (Entered: 02/28/2020)
2/27/2020Minute Entry for proceedings held before Judge Colleen McMahon: Plea entered by Calvin Hudson (1) Count 2s,3s-6s,7s,8s,9s,10s-11s Not Guilty. (jbo) (Entered: 02/27/2020)
2/27/2020Minute Entry for proceedings held before Judge Colleen McMahon: Arraignment as to Calvin Hudson (1) Count 2s,3s-6s,7s,8s,9s,10s-11s held on 2/27/2020. Arraignment on Superseding Indictment: Defendant Hudson present with his attorney David Touger; AUSAs Aline Flodr & Timothy Capozzi; court reporter Lisa Smith. Defendant Hudson arraigned on superseding Indictment S3 19 CR 496 (CM). Defendant pleads NOT guilty Speedy trial time was previously and continues to be excluded through the trial date, April 22, 2020, in the interest of justice, to allow new counsel time to review discovery and prepare for trial. (jbo) (Entered: 02/27/2020)
2/26/202064SEALED DOCUMENT placed in vault. (mhe) (Entered: 02/26/2020)
2/24/2020(S3) SUPERSEDING INDICTMENT FILED as to Calvin Hudson (1) count(s) 2s, 3s-6s, 7s, 8s, 9s, 10s-11s. (jm) (Entered: 02/25/2020)
2/20/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Calvin Hudson. Notice is hereby given that an official transcript of a Conference proceeding held on 1/24/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/20/2020)
2/20/2020TRANSCRIPT of Proceedings as to Calvin Hudson re: Conference held on 1/24/2020 before Judge Colleen McMahon. 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 3/12/2020. Redacted Transcript Deadline set for 3/23/2020. Release of Transcript Restriction set for 5/20/2020. (McGuirk, Kelly) (Entered: 02/20/2020)
2/19/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Calvin Hudson, Jabron Green. Notice is hereby given that an official transcript of a Conference proceeding held on 1/21/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/19/2020)
2/19/2020TRANSCRIPT of Proceedings as to Calvin Hudson, Jabron Green re: Conference held on 1/21/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/11/2020. Redacted Transcript Deadline set for 3/23/2020. Release of Transcript Restriction set for 5/19/2020. (McGuirk, Kelly) (Entered: 02/19/2020)
2/18/2020ENDORSED LETTER as to (19-Cr-496-02) Jabron Green addressed to Judge Colleen McMahon from Attorney D. Andrew Marshall dated February 5, 2020 re: it is respectfully requested that the monitoring with home detention conditions be removed completely. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 2/18/2020)(bw) (Entered: 02/18/2020)
2/16/2020NOTICE OF ATTORNEY APPEARANCE: Daniel F Wachtell appearing for Calvin Hudson. Appearance Type: CJA Appointment. Associate CJA Counsel (Wachtell, Daniel) (Entered: 02/16/2020)
2/11/2020TRANSCRIPT of Proceedings as to Calvin Hudson re: Conference held on 11/6/2019 before Judge Colleen McMahon. Court Reporter/Transcriber: Beth Fontane-Howard, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/3/2020. Redacted Transcript Deadline set for 3/13/2020. Release of Transcript Restriction set for 5/11/2020. (McGuirk, Kelly) (Entered: 02/11/2020)
2/7/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Calvin Hudson. Notice is hereby given that an official transcript of a Conference proceeding held on 1/9/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/07/2020)
2/7/2020TRANSCRIPT of Proceedings as to Calvin Hudson re: Conference held on 1/9/2020 before Judge Colleen McMahon. 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 2/28/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/7/2020. (McGuirk, Kelly) (Entered: 02/07/2020)
2/7/2020ORDER as to Calvin Hudson: C.J.A. attorney David Touger is hereby ordered to assume representation of the defendant in the above captioned matter, NUNC-PRO-TUNC 1/24/20. *Attorney David Wachtel is assigned to assist Mr. Touger as associate counsel. SO ORDERED. (Signed by Judge Colleen McMahon on 2/7/2020) (lnl) (Entered: 02/07/2020)
2/6/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jabron Green. Notice is hereby given that an official transcript of a Plea proceeding held on 1/27/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/06/2020)
2/6/2020TRANSCRIPT of Proceedings as to Jabron Green re: Plea held on 1/27/2020 before Magistrate Judge James L. Cott. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/6/2020. (McGuirk, Kelly) (Entered: 02/06/2020)
2/3/2020ORDER ACCEPTING THE PLEA ALLOCUTION BEFORE A U.S. MAGISTRATE JUDGE as to Jabron Green. (Signed by Judge Colleen McMahon on 1/31/2020) (lnl) (Entered: 02/07/2020)
2/3/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Charles Kenyatta. Notice is hereby given that an official transcript of a Conference proceeding held on 1/17/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/03/2020)
2/3/2020TRANSCRIPT of Proceedings as to Charles Kenyatta re: Plea held on 1/17/2020 before Magistrate Judge Katharine H. Parker. 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 2/24/2020. Redacted Transcript Deadline set for 3/5/2020. Release of Transcript Restriction set for 5/4/2020. (McGuirk, Kelly) (Entered: 02/03/2020)
1/27/2020Order of Referral to Probation for Presentence Investigation and Report as to Jabron Green. (jm) (Entered: 01/28/2020)
1/27/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott: Defendant is present with attorney Mr Kirton; AUSA Capozzi is also present.Arraignment as to Jabron Green (2) Count 1s held on 1/27/2020. Plea entered by Jabron Green (2) Guilty as to Count 1s. USMJ Cott recommends acceptance of the plea. PSI ordered. Control date set for 6/26/20. Bail continued. (Court Reporter PRESENT) (jm) (Entered: 01/28/2020)
1/27/2020WAIVER OF INDICTMENT by Jabron Green. (jm) (Entered: 01/28/2020)
1/27/2020(S2) SUPERSEDING INFORMATION (Felony) filed as to Jabron Green (2) count(s) 1s. (jm) (Entered: 01/28/2020)
1/27/2020CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Jabron Green. (jm) (Entered: 01/28/2020)
1/24/2020ORAL ORDER as to (19-Cr-496-01) Calvin Hudson. Time excluded from 1/24/2020 until 4/22/2020. Pretrial Conference set for 4/6/2020 at 02:15 PM before Judge Colleen McMahon. Jury Trial set for 4/22/2020 at 09:30 AM before Judge Colleen McMahon. (bw) (Entered: 01/28/2020)
1/24/2020Minute Entry for proceedings held before Judge Colleen McMahon: Status Conference as to (19-Cr-496-01) Calvin Hudson held on 1/24/2020. Status Conference: Defendant Hudson present with his newly appointed CJA attorney David Touger; AUSA Aline Flodr; court reporter Paula Speer. Court adjourns the start of the trial, at defendant request, to April 22, 2020, at 9:30 a.m. Court sets schedule for pretrial disclosures and submissions: Government to provide 404(b) disclosure and file any in limine motions by February 28, 2020; Defendant's in limine motions and his response to the Government's in limine motions are due March 20, 2020; Government's response to defendants in limine motions is due March 25, 2020; Government to turn over all 3500/Giglio material by March 30, 2020; Government to provide the defense and the Court with a list of its trial witnesses, in the order they will be called, by April 17, 2020. Proposed voir dire and all charge requests are due the day of the final pretrial conference. The Court will hold the final pretrial conference on April 6, 2020, at 2:15 p.m. Speedy trial time is excluded through the trial date, April 22, 2020, in the interest of justice, to allow new counsel time to review discovery and prepare for trial. (bw) (Entered: 01/28/2020)
1/22/2020ORDER ACCEPTING THE PLEA ALLOCUTION BEFORE A U.S. MAGISTRATE JUDGE as to Charles Kenyatta. (Signed by Judge Colleen McMahon on 1/22/20)(jbo) (Entered: 01/22/2020)
1/21/2020Attorney update in case as to Calvin Hudson. Attorney Alexander Edward Eisemann terminated. (jbo) (Entered: 01/21/2020)
1/21/2020Minute Entry for proceedings held before Judge Colleen McMahon: Status Conference as to Calvin Hudson, Jabron Green held on 1/21/2020. Defendant Hudson present with his attorney Alex Eisemann; Defendant Green present with his attorney Marlon Kirton; AUSA Maurene Comey; court reporter Rebecca Foreman. The matter is adjourned, as to defendant Hudson, to January 24, 2020, at 10:00 a.m., for the appointment of CJA counsel. Hudson's current retained counsel (Alex Eisemann) has asked to be relieved. Hudson has filled out a financial affidavit and has been found eligible for court-appointed counsel, pursuant to CJA. Speedy trial time is excluded through January 24, 2020, in the interest of justice, to secure CJA representation for defendant. The matter is adjourned, as to defendant Green, to January 31, 2020, at 10:00 a.m., for a status conference. Speedy trial time is excluded through January 31, 2020, in the interest of justice, to facilitate plea discussions. (jbo) (Entered: 01/21/2020)
1/17/2020Order of Referral to Probation for Presentence Investigation and Report as to (S1-19-Cr-496-03) Charles Kenyatta. (By Magistrate Judge Katharine H. Parker on 1/17/2020) (bw) (Entered: 01/22/2020)
1/17/2020Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Plea entered by Charles Kenyatta (3) Guilty as to Count 1s. (bw) (Entered: 01/22/2020)
1/17/2020Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Change of Plea Hearing as to (S1-19-Cr-496-03) Charles Kenyatta held on 1/17/2020. Defendant present with Ezra Spilke. A.U.S.A. Aline Flodr for Maurene Comey. Defendant withdraws plea of not guilty and enters a plea of Guilty to count one of the Superseding Information. Mag. Judge Katharine H. Parker recommends that Judge McMahon accept the Defendant's plea. Court reporter present: Kelly Surina. Defendant continued incarcerated. Control Date: 04/17/2020. PSI Ordered. Transcript Ordered. (bw) (Entered: 01/22/2020)
1/17/2020CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Charles Kenyatta. (jm) (Entered: 01/21/2020)
1/17/2020WAIVER OF INDICTMENT by Charles Kenyatta. (jm) (Entered: 01/21/2020)
1/17/2020(S1) SUPERSEDING INFORMATION (Felony) filed as to Charles Kenyatta (3) count(s) 1s. (jm) (Entered: 01/21/2020)
1/9/2020Minute Entry for proceedings held before Judge Colleen McMahon:Status Conference as to Calvin Hudson, Jabron Green, Charles Kenyatta held on 1/9/2020 ( Status Conference set for 1/21/2020 at 10:00 AM before Judge Colleen McMahon.) Defendant Hudson present with his attorney Alex Eisemann; Defendant Green present with his attorney D. Andrew Marshall; Defendant Kenyatta present with his attorney Ezra Spilke; AUSAs Aline Flodr, Maurene Comey & Timothy Capozzi; court reporter Kristen Carannante. The matter is adjourned to January 21, 2020, at 10:00 a.m. for a status conference. Speedy trial time is excluded through January 21, 2020, in the interest of justice, to facilitate plea discussions. (jw) (Entered: 01/10/2020)
12/19/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Calvin Hudson. Notice is hereby given that an official transcript of a Conference proceeding held on 11/12/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/19/2019)
12/19/2019TRANSCRIPT of Proceedings as to Calvin Hudson re: Conference held on 11/12/19 before Judge Colleen McMahon. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/9/2020. Redacted Transcript Deadline set for 1/21/2020. Release of Transcript Restriction set for 3/18/2020. (McGuirk, Kelly) (Entered: 12/19/2019)
12/18/2019Set/Reset Hearings as to Calvin Hudson, Jabron Green, Charles Kenyatta: Status Conference set for 1/9/2020 at 03:00 PM before Judge Colleen McMahon. (lnl) (Entered: 12/18/2019)
12/18/2019MEMO ENDORSEMENT as to Calvin Hudson (1), Jabron Green (2), Charles Kenyatta (3) granting 37 LETTER MOTION addressed to Judge Colleen McMahon from the Government dated December 16, 2019 re: Exclusion of Time under the Speedy Trial Act. ENDORSEMENT: Case adj as to all three defts to Jan. 9, 2020, at 3:00. Time is excluded through Jan 9, in the interest of justice. That said, if deft Hudson wishes to have his case heard this week he can be produced for tomorrow (12/19) at 11:30. Counsel for Hudson should notify the Govt forthwith if Mr. Hudson needs to be produced for a conference tomorrow. (Signed by Judge Colleen McMahon on 12/18/2019) (lnl) (Entered: 12/18/2019)
12/16/2019 LETTER MOTION addressed to Judge Colleen McMahon from the Government dated December 16, 2019 re: Exclusion of Time under the Speedy Trial Act . Document filed by USA as to Calvin Hudson, Jabron Green, Charles Kenyatta. (Flodr, Aline) (Entered: 12/16/2019)
12/5/201935SEALED DOCUMENT placed in vault. (rz) (Entered: 12/05/2019)
12/5/201934SEALED DOCUMENT placed in vault. (rz) (Entered: 12/05/2019)
11/26/2019MEMO ENDORSEMENT granting 31 LETTER MOTION To request a bail modification to allow a curfew for Mr. Green to enable him and his wife to visit with his nephew as to Jabron Green...ENDORSEMENT...Request to modify granted. SO ORDERED. (Signed by Judge Colleen McMahon on 11/26/2019) (jw) (Entered: 12/09/2019)
11/19/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Calvin Hudson. Notice is hereby given that an official transcript of a Conference proceeding held on 10/10/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/19/2019)
11/19/2019TRANSCRIPT of Proceedings as to Calvin Hudson re: Conference held on 10/10/19 before Judge Colleen McMahon. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/10/2019. Redacted Transcript Deadline set for 12/20/2019. Release of Transcript Restriction set for 2/18/2020. (McGuirk, Kelly) (Entered: 11/19/2019)
11/12/2019Minute Entry for proceedings held before Judge Colleen McMahon: Bond Review Hearing as to Calvin Hudson held on 11/12/2019. Defendant present with his attorney Alex Eismann; AUSAs Timothy Capozzi & Aline Flodr; SA Christopher Serotta, FBI; Pretrial Officer (SDNY); Court Reporters Paula Speer & Rose Prader. Defendant asks that the Court reconsider its previous ruling remanding defendant, and to now release him on bail conditions. The Government asks that defendant continue to be detained. Defendant's motion is Denied. (jbo) (Entered: 11/12/2019)
11/12/2019 LETTER MOTION addressed to Judge Colleen McMahon from D. Andrew Marshall, Esq. dated 11/12/2019 re: Modify Bail Condition . Document filed by Jabron Green. Return Date set for 11/13/2019 at 11:00 AM. (Attachments: # 1 Exhibit)(Marshall, Darrell) (Entered: 11/12/2019)
11/7/2019 LETTER MOTION from Alexander E. Eisemann dated November 7, 2019 re: Order authorizing counsel to bring laptop computer into courthouse for November 12, 2019, bail hearing. Document filed by Calvin Hudson. (Attachments: # 1 Text of Proposed Order)(Eisemann, Alexander) (Entered: 11/07/2019)
11/6/2019Set/Reset Hearings as to Calvin Hudson: Bail Hearing set for 11/12/2019 at 10:00 AM before Judge Colleen McMahon. (lnl) (Entered: 11/06/2019)
11/6/2019Minute Entry for proceedings held before Judge Colleen McMahon: Status Conference as to Calvin Hudson, Jabron Green, Charles Kenyatta held on 11/6/2019. Defendant Hudson present with his attorney Alex Eisemann; Defendant Green present with his attorney D. Andrew Marshall; Defendant Kenyatta present with his attorney Ezra Spilke; AUSA Aline Flodr; court reporter Fontaine-Howard. Government still in process of completing discovery. The matter is adjourned to December 16, 2019 at 2:15 a.m., for a status conference. Speedy trial time is excluded through December 16, 2019, in the interest of justice, to allow sufficient time for defendants to review discovery. Defendant Hudson requests a bail hearing: Bail hearing for Hudson will be held on November 12, 2019, at 10:00 a.m. (Status Conference set for 12/16/2019 at 02:15 PM before Judge Colleen McMahon) (lnl) (Entered: 11/06/2019)
11/6/2019 LETTER MOTION addressed to Judge Colleen McMahon from Marlon G. Kirton, Esq. dated November 6, 2019 re: Motions . Document filed by Jabron Green. (Kirton, Marlon) (Entered: 11/06/2019)
9/4/2019Minute Entry for proceedings held before Judge Colleen McMahon: Bail Modification Request Hearing as to Jabron Green held on 9/4/2019. Defendant present with his attorney Marlon Kirton; AUSA Timothy Capozzi; Pretrial Officer (SDNY); Court Reporter Sonya Huggins. Government has agreed to work with defendant on his bail conditions modification request. The matter is adjourned to October 10, 2019, at 4:00 p.m. (as previously scheduled), for a status conference. Speedy trial time has previously been and continues to be excluded through October 10, 2019, in the interest of justice, with defendants' consent, to allow sufficient time for defendants to review discovery. (lnl) (Entered: 09/04/2019)
8/27/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Calvin Hudson. Notice is hereby given that an official transcript of a Conference proceeding held on 7/30/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/27/2019)
8/27/2019TRANSCRIPT of Proceedings as to Calvin Hudson re: Conference held on 7/30/19 before Judge Colleen McMahon. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/17/2019. Redacted Transcript Deadline set for 9/27/2019. Release of Transcript Restriction set for 11/25/2019. (McGuirk, Kelly) (Entered: 08/27/2019)
8/21/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Calvin Hudson. Notice is hereby given that an official transcript of a Conference proceeding held on 7/10/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/21/2019)
8/21/2019TRANSCRIPT of Proceedings as to Calvin Hudson re: Conference held on 7/10/19 before Judge Colleen McMahon. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/11/2019. Redacted Transcript Deadline set for 9/23/2019. Release of Transcript Restriction set for 11/19/2019. (McGuirk, Kelly) (Entered: 08/21/2019)
8/21/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jabron Green. Notice is hereby given that an official transcript of a Conference proceeding held on 7/11/19 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: 08/21/2019)
8/21/2019TRANSCRIPT of Proceedings as to Jabron Green re: Conference held on 7/11/19 before Judge Colleen McMahon. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/11/2019. Redacted Transcript Deadline set for 9/23/2019. Release of Transcript Restriction set for 11/19/2019. (McGuirk, Kelly) (Entered: 08/21/2019)
8/15/2019 LETTER MOTION addressed to Judge Colleen McMahon from Timothy V. Capozzi, Maurene Comey, Aline Flodr dated August 15, 2019 re: Entry of Protective Order . Document filed by USA as to Calvin Hudson, Jabron Green, Charles Kenyatta. (Attachments: # 1 Proposed Order)(Capozzi, Timothy) (Entered: 08/15/2019)
8/2/2019NOTICE OF ATTORNEY APPEARANCE Aline R Flodr appearing for USA. (Flodr, Aline) (Entered: 08/02/2019)
7/30/2019Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference as to Calvin Hudson, Jabron Green, Charles Kenyatta held on 7/30/2019. Defendant Hudson present with his attorney Alex Eisemann; Defendant Green present with his attorney D. Andrew Marshall; Defendant Kenyatta present with his attorney Ezra Spilla; AUSAs Maureen Comey & Timothy Capozzi; court reporter Carannante. Government is in process of completing discovery. The matter is adjourned to October 10, 2019, at 4:00 p.m., for a status conference. Speedy trial time is excluded through October 10, 2019, in the interest of justice, with defendants' consent, to allow sufficient time for defendants to review discovery. (jbo) (Entered: 07/30/2019)
7/30/2019 LETTER by USA as to Calvin Hudson, Jabron Green, Charles Kenyatta addressed to Judge Colleen McMahon from Timothy V. Capozzi dated July 30, 2019 re: Letters and corresponding orders from Judge Sullivan concerning Title III materials Document filed by USA. (Attachments: # 1 Exhibit)(Capozzi, Timothy) (Entered: 07/30/2019)
7/29/2019NOTICE OF ATTORNEY APPEARANCE: Darrell Andrew Marshall appearing for Jabron Green. Appearance Type: Retained. Jabron Green (Marshall, Darrell) (Entered: 07/29/2019)
7/15/2019Appearance Bond Entered as to (19-Cr-496-02) Jabron Green in amount of $100,000. $100,000 PRB, co-signed by three(3) financially responsible persons, and secured by his wife's Manhattan coop; 2- Defendant's supervision will include home detention with electronic monitoring; 3- Defendant is to maintain employment; 4- Defendant's travel is restricted to the SDNY and the EDNY; 5- Defendant must surrender of all passports (including any temporary or expired passports --all passport documents) and make no new applications for a passport or other international travel documents; 6- Defendant must submit to drug testing at the discretion of the Probation Department; and 7- Defendant must comply with all of the other standard conditions of pretrial release. [Advice of Penalties and Sanctions attached. Defendant Released.] (bw) (Entered: 07/15/2019)
7/15/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jabron Green, Charles Kenyatta. Notice is hereby given that an official transcript of a Hearing 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.... (mqu) (Entered: 07/15/2019)
7/15/2019TRANSCRIPT of Proceedings as to Jabron Green, Charles Kenyatta re: Hearing held on 7/9/19 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/5/2019. Redacted Transcript Deadline set for 8/15/2019. Release of Transcript Restriction set for 10/15/2019. (mqu) (Entered: 07/15/2019)
7/11/2019ORAL ORDER as to Jabron Green (2). Time excluded from 7/11/2019 until 7/30/2019. Status Conference set for 7/30/2019 at 03:45 PM before Judge Colleen McMahon. (bw) (Entered: 07/11/2019)
7/11/2019Minute Entry for proceedings held before Judge Colleen McMahon: Bond Hearing as to (19-Cr-496-02) Jabron Green held on 7/11/2019. Bail Review Defendant present with his attorneys Marlon Kirton & D. Andrew Marshall; AUSA Timothy Capozzi; SA Imran Jaman; Pretrial Officer (SDNY); Court Reporter Pamela Utter. Defendant makes motion to be released on bail conditions--the motion is granted. Defendant may be released only after ALL of the following conditions are met: 1- Defendant must execute a $100,000 PRB, co-signed by three (3) financially responsible persons, and secured by his wife's Manhattan coop; 2- Defendant's supervision will include home detention with electronic monitoring; 3- Defendant is to maintain employment; 4- Defendant's travel is restricted to the SDNY and the EDNY; 5- Defendant must surrender of all passports (including any temporary or expired passports--all passport documents) and make no new applications for a passport or other international travel document; 6- Defendant must submit to drug testing at the discretion of the Probation Department; and 7- Defendant must comply with all of the other standard conditions of pretrial release. The matter is scheduled for July 30, 2019, at 3:45, for an initial pretrial conference with all three defendants in this case. Speedy trial time is excluded through July 30, 2019, in the interest of justice, to allow the defendants to review discovery and discuss possible pretrial disposition with the Government. (bw) (Entered: 07/11/2019)
7/11/2019 LETTER by USA as to Calvin Hudson, Jabron Green, Charles Kenyatta addressed to Judge Colleen McMahon from Timothy V. Capozzi dated July 11, 2019 re: Defendant Jabron Green's Bail Application Document filed by USA. (Capozzi, Timothy) (Entered: 07/11/2019)
7/11/2019ORDER as to Calvin Hudson: Defendant is before the Court on the Government's motion asking the Court to review Magistrate Judge Pitman's decision to grant defendant bail. The Government asks that defendant be detained. The Government's motion is granted-defendant is detained without bail conditions. (See transcript of proceedings). (Signed by Judge Colleen McMahon on 7/10/2019) (lnl) (Entered: 07/11/2019)
7/10/2019ORAL ORDER as to Calvin Hudson, Jabron Green, Charles Kenyatta. Time excluded from 7/10/2019 until 7/30/2019. Pretrial Conference set for 7/30/2019 at 03:45 PM before Judge Colleen McMahon. (bw) (Entered: 07/11/2019)
7/10/2019Minute Entry for proceedings held before Judge Colleen McMahon: Bail Review Hearing as to (19-Cr-496-1) Calvin Hudson held on 7/10/2019. Bail Review Defendant present with his attorney Alex Eismann; AUSAs Maureen Comey and Timothy Capozzi; SA Christopher Serotta, FBI; Pretrial Officer (SDNY); Court Reporter Paula Speer. Defendant is before the Court on the Government's motion asking the Court to review Magistrate Judge Pitman's decision to grant defendant bail. The Government asks that defendant be detained. The Government's motion is granted--defendant is detained without bail conditions. The matter is scheduled for July 30, 2019, at 3:45, for an initial pretrial conference with all three defendants in this case. Speedy trial time is excluded through July 30, 2019, in the interest of justice, to allow the defendants to review discovery and discuss possible pretrial disposition with the Government. (bw) (Entered: 07/11/2019)
7/10/2019 LETTER by USA as to Calvin Hudson addressed to Judge Colleen McMahon from AUSA Maurene Comey dated July 10, 2019 re: Calvin Hudson Pretrial Detention Document filed by USA. (Comey, Maurene) (Entered: 07/10/2019)
7/9/201917NOTICE OF ATTORNEY APPEARANCE: Alexander Edward Eisemann appearing for Calvin Hudson. (jw) (Entered: 07/15/2019)
7/9/2019NOTICE OF ATTORNEY APPEARANCE: Marlon Geoffrey Kirton appearing for Jabron Green. (jw) (Entered: 07/11/2019)
7/9/2019Attorney update in case as to Charles Kenyatta. Attorney Ezra Spilke for Charles Kenyatta added. (jw) (Entered: 07/11/2019)
7/9/201912CJA 23 Financial Affidavit by Charles Kenyatta. (Signed by Magistrate Judge Henry B. Pitman) Attorney Ezra Spilke. (jw) (Entered: 07/11/2019)
7/9/201911 Medical Attention Form as to Jabron Green. (jw) (Entered: 07/11/2019)
7/9/2019Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman:Arraignment on disposition sheet as to Jabron Green (2) Count 1 held on 7/9/2019., Plea entered by Jabron Green (2) Count 1 Not Guilty. Deft arraigned and pleads not guilty. Next conference set before District Judge on 7/30/19 at 3:45pm. Speedy trial time excluded under 3161(h)(7) until 7/30/19 on consent. (jw) (Entered: 07/11/2019)
7/9/2019Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman:Initial Appearance on disposition sheet as to Jabron Green held on 7/9/2019. Deft present with atty Marlon G. Kirton. AUSA Tim Capozzi present. Detention on consent without prejudice. (jw) (Entered: 07/11/2019)
7/9/2019Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman:Arraignment on disposition sheet as to Charles Kenyatta (3) Count 2,3 held on 7/9/2019., Plea entered by Charles Kenyatta (3) Count 2,3 Not Guilty ( Pretrial Conference set for 7/30/2019 at 03:45 PM before Judge Colleen McMahon.) Deft present with atty Ezra Spilke. AUSA Tim Capozzi present. Deft arraigned and pleads not guilty. Next conference set before District Judge on 7/30/19 at 3:45pm. Speedy trial time excluded under 18 USC 3161(h)(7)(A) until 7/30/19 on consent with plea discovery (jw) (Entered: 07/10/2019)
7/9/2019Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman:Initial Appearance on disposition sheet as to Charles Kenyatta held on 7/9/2019. Deft present with atty Ezra Spilke. AUSA Tim Capozzi present. Detention on consent without prejudice. (jw) (Entered: 07/10/2019)
7/9/2019Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman:Arraignment on disposition sheet as to Calvin Hudson (1) Count 1,2,3 held on 7/9/2019., Plea entered by Calvin Hudson (1) Count 1,2,3 Not Guilty ( Pretrial Conference set for 7/30/2019 at 03:45 PM before Judge Colleen McMahon) Deft arraigned and pleads not guilty. Next conference set before District Judge on 7/30/19 at 3:45pm. Speedy trial time excluded under 18 USC 3161(h)(7) until 7/30/19 without objection, plea discovery. (jw) (Entered: 07/10/2019)
7/9/2019Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman:Initial Appearance on disposition sheet as to Calvin Hudson held on 7/9/2019. Deft present with atty Alex Eisemann. AUSA Tim Capozzi present. $200,000 PRB, Wife and Sister, Secured by $10,000 Cash/Property, Travel restricted to SDNY/EDNY, Surrender travel documents (& No new applications), Strict Pretrial supervision, Home detention, Electronic monitoring, Deft to continue or seek employment, Deft not to possess firearm/destructive device/other weapon, Deft to be detained until all conditions are met (jw) (Entered: 07/10/2019)
7/9/2019Attorney update in case as to Calvin Hudson, Jabron Green, Charles Kenyatta. Attorney Maurene Ryan Comey for USA added. (jm) (Entered: 07/09/2019)
7/9/2019Case as to Calvin Hudson, Jabron Green, Charles Kenyatta ASSIGNED to Judge Colleen McMahon. (jm) (Entered: 07/09/2019)
7/9/2019Case Designated ECF as to Calvin Hudson, Jabron Green, Charles Kenyatta. (jm) (Entered: 07/09/2019)
7/9/2019INDICTMENT UNSEALED as to Calvin Hudson, Jabron Green, Charles Kenyatta. (jm) (Entered: 07/09/2019)
7/9/2019Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3. (Signed by Magistrate Judge Henry B. Pitman on 7/9/19)(jm) (Entered: 07/09/2019)
7/8/2019SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3, Sealed Defendant 2 (2) count(s) 1, Sealed Defendant 3 (3) count(s) 2, 3. (jm) (Entered: 07/09/2019)