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USA v. Wilson

1:20-cr-00126 | New York Southern District Court

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Division Foley Square
Judge Judge Laura Taylor Swain
Filed Feb. 13, 2020
Case Flags APPEAL and ECF
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Filing Date # Docket Text
2/14/2025Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document
2/6/2025 LETTER by Malik Holloway addressed to Judge Sidney H. Stein from Malik Holloway dated 2/24/2024, re: Ineffective assistance of counsel. (lnl) (Entered: 02/06/2025)
1/21/2025MOTION For Injunctive Relief concerning order of extension to Gov. Document filed by (20-Cr-126-04) Malik Holloway. Dated: Jan. 8, 2025. (bw) (Entered: 01/22/2025)
1/21/2025LETTER by (20-Cr-126-04) Malik Holloway dated 1-7-25 re: I Malik Holloway #90647-053 am writing in concern of a update towards my case. Pertaining to a letter I've Received November 7, 2024, where the Judge Ordered the Government to Respond on/or before December 2, 2024. I reach out in concern because I have yet to hear any updates in the matter of the motions at hand.... (bw) (Entered: 01/22/2025)
1/21/2025MOTION of ineffective assistance of counsel. Document filed by (20-Cr-126-04) Malik Holloway. Dated: January 8, 2025. (bw) (Entered: 01/22/2025)
1/17/2025 Executive Grant of Clemency by USA as to Shelby Hines. The President of the U. S. commutes the total sentence of imprisonment the defendant is now serving to expire on March 18, 2025. If applicable, the President remits up to $10,000of the unpaid balance of the fine or restitution amount imposed by the court that remains at the end of each person's respective sentence but leaves intact and in effect the term of supervised release imposed by the court with all its conditions and all other components of the sentence. (jm) (Entered: 01/21/2025)
1/13/2025ORDER as to Markel Smalls: The Court has been notified that Markel Smalls has been accepted into the Southern District of New York's RISE Court 4. IT IS HEREBY ORDERED that Mr. Smalls shall be permitted to interact and associate with Daniel Peralta in connection with RISE Court 4 activities. Those activities constitute an exception to Special Condition no. 3 of Mr. Smalls's Special Conditions of Supervised Release in his Judgment dated May 4, 2023. (Signed by Judge Sidney H. Stein on 1/13/2025) (ap) (Entered: 01/13/2025)
1/8/2025LETTER RESPONSE in Opposition by USA as to Malik Holloway addressed to Judge Sidney H. Stein from Adam S. Hobson dated January 8, 2025 re: 465 LETTER MOTION addressed to Judge Sidney H. Stein from Malik Holloway dated 10/3/24 re: Reduction of Sentence., 469 MOTION to Vacate under 28 U.S.C. 2255, 466 LETTER MOTION addressed to Judge Sidney H. Stein from Malik Holloway dated 10/2/24 re: Pertaining Special Conditions (SOR Act).. (Hobson, Adam) (Entered: 01/08/2025)
1/7/2025MAILING RECEIPT FROM CHAMBERS: Document number 473 mailed to Robert Wilson on 1/7/2025. (lan) (Entered: 01/07/2025)
1/7/2025ORDER denying 472 Motion as to (20-Cr-126-1) Robert Wilson. On December 27, 2024, Defendant Robert Wilson made a "Motion of Ineffective Assistance of Counsel." (Docket entry no. 472.) Mr. Wilson requests that the Court "remove Attorney Kenneth Montgomery from my case." (Id.) According to the court docket, Mr. Montgomery was never appointed to represent Mr. Wilson in this action and all appearances on Mr. Wilson's behalf have been made by Alberto A.Ebanks, who filed a notice of appearance as retained counsel on June 29, 2023. (Docket entry no. 421.) Accordingly, Mr. Wilson's request is denied. This Order resolves Docket Entry No. 472. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/6/2025) (bw) (Entered: 01/07/2025)
12/27/2024MOTION Of Ineffective Assistance Of Counsel. Document filed by (20-Cr-126-01) Robert Wilson. Dated: December 12, 2024. (bw) (Entered: 01/06/2025)
12/19/2024ORDER as to Malik Holloway. At the request of the government, It is hereby ORDERED that the government's time to respond to the defendant's motions [Doc. Nos. 465, 466, 469] is extended to January 9, 2025. The Clerk of Court shall mail a copy of this Order to Malik Holloway [90647-053], USP Florence - High, U.S. Penitentiary, P.O. Box 7000, Florence, CO 81226. (Government Responses due by 1/9/2025) (Signed by Judge Sidney H. Stein on 12/19/24)(jw) (Entered: 12/19/2024)
10/31/2024ORDER as to Malik Holloway: By letter dated August 14, 2024, defendant Malik Holloway filed a pro se motion which the Court construes as a petition pursuant to 28 U.S.C. § 2255 [Doc. No. 469]. He also filed a letter dated October 3, 2024 [Doc. No. 465], which the Court construes as a prose motion to reduce his previously imposed sentence of 100 months for Conspiracy to Distribute and Possess with Intention to Distribute Narcotics (see, Judgment dated May 22, 2023) [Doc. No. 411] pursuant to 18 U.S.C. § 3582 (c)(2) on the grounds that defendant was sentenced based on a sentencing range that was subsequently lowered by the Sentencing Commission. Defendant has also filed a prose motion dated October 2, 2024, seeking the deletion of a specific condition of supervised release from his Judgment [Doc. No. 466], which the Court assumes was the requirement for sex offender registration. IT IS HEREBY ORDERED that the government is directed to respond to these three motions on or before December 2, 2024. The Clerk of Court shall mail a copy of this Order to Malik Holloway [90647-053], USP Florence - High, U.S. Penitentiary, P.O. Box 7000, Florence, CO 81226. (Responses due by 12/2/2024) (Signed by Judge Sidney H. Stein on 10/31/2024) (Copy mailed on 10/31/2024 to Defendant at: Malik Holloway, [90647-053], USP Florence - High, U.S. Penitentiary, P.O. Box 7000, Florence, CO 81226) (ap) (Entered: 10/31/2024)
10/30/2024***DELETED DOCUMENT. Deleted document number 469. "MOTION to Reduce Sentence - USSC Amendment, for Malik Holloway (4) re Count 1 filed," as to Malik Holloway (4). The document was incorrectly filed in this case. (bw) (Entered: 10/30/2024)
10/30/2024 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Malik Holloway. (sac)
Civil case 1:24-cv-08281 opened. (Entered: 10/31/2024)
10/21/2024The Clerk has mailed a complete docket sheet to defendant Malik Holloway on 10/21/2024 to Register #90647-053, USP Canaan (E-2), PO Box 300, Waymart, PA 18472 (jw) (Entered: 10/21/2024)
10/18/2024ORDER re SENTENCE AMENDMENT 821 as to Jose Flores (5). IT IS ORDERED that the motion is: DENIED. (Signed by Judge Laura Taylor Swain on 10/18/2024) (See ORDER set forth) (ap) (Entered: 10/18/2024)
10/18/2024ORDER denying 460 Motion to Reduce Sentence re Amendment 821 as to Jose Flores (5); denying 462 Motion to Reduce Sentence re Amendment 821 as to Jose Flores (5). Because Amendment 821 does not provide a basis for reducing his sentence, Mr. Flores' motions are denied. This order resolves docket entry nos. 460 and 462. Chambers will mail a copy of this order, along with a contemporaneously filed form order and a copy of the supplemental presentence report, to Mr. Flores at the address below. (Signed by Judge Laura Taylor Swain on 10/18/2024) (See ORDER set forth) (Copies Mailed by Chambers) (ap) (Entered: 10/18/2024)
10/16/2024 LETTER MOTION addressed to Judge Sidney H. Stein from Malik Holloway dated 10/2/24 re: Pertaining Special Conditions (SOR Act). Document filed by Malik Holloway. (jw) (Entered: 10/17/2024)
10/16/2024 LETTER MOTION addressed to Judge Sidney H. Stein dated 10/3/24 re: Reduction of Sentence. Document filed by Malik Holloway. (jw) (Entered: 10/17/2024)
10/16/2024 LETTER addressed to Clerk from Malik Holloway dated 10/2/2024 re: To request in writing in request of a copy of my whole docket sheet. (jw) (Entered: 10/17/2024)
9/25/2024I mailed out the docket sheet to Malik Holloway on 9/25/2024. The details are as follows: Register #90647-053, USP Canaan (E-2), P.O. Box 300, Waymart, PA 18472 (jw) (Entered: 09/25/2024)
9/24/2024MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Jose Flores (5) re Count 1 filed. Document filed by (20-Cr-126-5) Jose Flores. Dated: September 13, 2024. [*** Note: Document entitled "MOTION PURSUANT TO AMENDMENT 821 3582(c)(2)." ***] (bw) (Entered: 09/24/2024)
9/20/2024JUDICIAL RESPONSE TO 90-Day Employment Report as to Adelmir Oliva. Petitioning the Court: No further action needed. (Signed by Judge Sidney H. Stein on 9/19/24)(jw) (Entered: 09/20/2024)
9/6/2024LETTER MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Jose Flores (5) re Count 1 filed. Document filed by Jose Flores. (jw) (Entered: 09/06/2024)
7/30/2024ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2) as to Miguel Belardo (8). Upon motion of the defendant the court 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.. (Signed by Judge Laura Taylor Swain on 7/29/2024) (lnl) (Entered: 07/30/2024)
7/30/2024ORDER as to Miguel Belardo : The Court has considered the record in this case, the supplemental presentence report, and Mr. Belardo's submissions in support of his motion, and concurs with the Probation Office's analysis. Mr. Belardo is ineligible for a reduction under Amendment 821 because he is precluded from receiving a status-point reduction because, as shown in the supplemental presentence report, the amendment does not change the Guideline range that applies to Mr. Belardo's case. Nor is Mr. Belardo eligible for Amendment 821's retroactive offense level reduction for "zero point" offenders, because he has multiple criminal history points due to his prior convictions. Because the Court is without power to impose a reduced sentence pursuant to Amendment 821, Mr. Belardo's motion is denied. This order resolves docket entry nos. 445 and 447. Chambers will mail a copy of this order, along with a contemporaneously filed form order and a copy of the supplemental presentence report, to the defendant at the address below. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/29/2024) Copies Mailed By Chambers. (lnl) (Entered: 07/30/2024)
5/30/2024 MOTION For Production of Documents Updated docket sheet and status of case for good cause. Document filed by Malik Holloway. (jw) (Entered: 05/30/2024)
5/20/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Robert Wilson. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/10/24 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: 05/20/2024)
5/20/2024TRANSCRIPT of Proceedings as to Robert Wilson re: Sentence held on 4/10/24 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Paula Horovitz, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2024. Redacted Transcript Deadline set for 6/20/2024. Release of Transcript Restriction set for 8/19/2024. (McGuirk, Kelly) (Entered: 05/20/2024)
4/17/2024JUDGMENT In A Criminal Case. Date of Imposition of Judgment: April 10, 2024. Defendant Robert Wilson (1) pleaded guilty to Count(s) 1. Count(s) and underlying indictment are dismissed on the motion of the United States. IMPRISONMENT: 144 months as to Count One (1). - The court makes the following recommendations to the Bureau of Prisons: that the defendant be designated to the FCI Fort Dix in order to support the maintenance of family ties. The Court recommends that the defendant be afforded an opportunity to participate in the BOP's Residential Drug Abuse Treatment Program (RDAP). SUPERVISED RELEASE: 5 years as to Count One (1). Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. - Special instructions regarding the payment of criminal monetary penalties: Defendant is to pay a special assessment of $100.00 to be paid in quarterly installments of $25.00 through the BOP's Inmate Financial Responsibility Program. (Signed by Judge Laura Taylor Swain on 4/15/2024) (bw) (Entered: 04/17/2024)
4/15/2024DISMISSAL OF COUNTS on Government Motion as to Robert Wilson (1) Count 2. (bw) (Entered: 04/17/2024)
4/10/2024Minute Entry for proceedings held before Judge Laura Taylor Swain: Sentencing held on 4/10/2024 for Robert Wilson (1) Count 1. Defendant Robert Wilson (1) present with counsel, Alberto A. Banks. For the Gov't Adam S. Hobson, AUSA present. Court Reporter Paula Horowitz present. Defendant is sentenced to 144 months of imprisonment as to Count One (1) followed by 5 years of supervised release as to Count One (1). The Court recommends to the BOP that the defendant be designated to the FCI Fort Dix in order to support the maintenance of family ties. The Court recommends to the BOP that the defendant be afforded an opportunity to participate in the BOP's Residential Drug Abuse Treatment Program (RDAP). Defendant is to pay a special assessment of $100.00 to be paid in quarterly installments of $25.00 through the BOP's Inmate Financial Responsibility Program. Defendant must participate in an outpatient substance abuse treatment program approved by the U.S. Probation Office, which program may include testing to determine whether the defendant has reverted to using drugs or alcohol. Defendant must contribute to the costs of services rendered (co-payment), in an amount determined by the Probation Officer, based on ability to pay or availability of third-party payment. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance abuse treatment provider, as directed by the Probation Officer. Defendant must submit defendant's person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, with the assistance of any law enforcement, if needed. The search must be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the defendant being supervised. Failure to submit to a search may be grounds for revocation of release. Defendant must inform any other residents that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner. Defendant must not associate or interact in any way, including through social media websites, with any persons known to the defendant to be gang members or associates, particularly members and associates of any Bloods gang, and particularly, the 194 Bloods. Defendant is to be supervised by the district of residence. Defendant continued remanded. (bw) (Entered: 04/17/2024)
4/3/2024SENTENCING SUBMISSION by USA as to Robert Wilson. (Hobson, Adam) (Entered: 04/03/2024)
3/27/2024SENTENCING SUBMISSION by Robert Wilson. (Attachments: # 1 Exhibit Ex. A: Presentence Memo and clinic notes related to Robert Wilson as victim at age 14, # 2 Exhibit Ex. B: HS Equivalency Diploma, # 3 Exhibit Ex. C: MTA Exam Notice, # 4 Exhibit Ex. D: Employment Letter 29 E 29th Hotel, # 5 Exhibit Ex. E: Letter AFG 2005 re MDC understaffing, # 6 Exhibit Ex. F: MDC Memo and current visitation, # 7 Exhibit Ex. G: Letters in support of Mr. Wilson)(Ebanks, Alberto) (Entered: 03/27/2024)
1/10/2024Set/Reset Deadlines/Hearings as to Robert Wilson: Sentencing set for 4/10/2024 at 11:00 AM before Judge Laura Taylor Swain (jw) (Entered: 01/10/2024)
1/10/2024MEMO ENDORSEMENT 449 Motion for Extension of Time as to Robert Wilson...ENDORSEMENT...The foregoing request for adjournment is granted. The sentencing is hereby rescheduled for April 10, 2024 at 11:00am. DE#449 resolved (Signed by Judge Laura Taylor Swain on 1/10/24) (jw) (Entered: 01/10/2024)
1/8/2024CONSENT MOTION for Extension of Time re: Sentencing. Document filed by Robert Wilson. (Ebanks, Alberto) (Entered: 01/08/2024)
12/27/2023 LETTER addressed to Judge Laura Taylor Swain dated 12/20/2023 re: Letter from Miguel Belardo, I qualify for the 821 Reduction under the 2 points for Probation Reduction that went retroactive November 1. I would like a lawyer to represent me in this matter (jw) (Entered: 12/27/2023)
12/12/2023 LETTER addressed to Judge Laura Taylor Swain from Miguel Belardo dated 12/6/23 re: I am writing you pertaining to my case to see if I qualify for the 821 Reduction under the 2points for Probation Reduction that went retro active November 1. I wold like a lawyer to represent me in this matter. Thank you for your time (jw) (Entered: 12/12/2023)
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