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USA v. Haxhaj et al

1:21-cr-00017 | New York Southern District Court

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Division Foley Square
Judge Judge Katherine Polk Failla
Filed Jan. 12, 2021
Case Flags APPEAL, ECF, and PRIOR
Last Updated: 15 hours ago Show Interactive Timeline
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2 Days
  • 4/3/2025
Redaction Request due 4/3/2025.
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3 Days
  • 4/4/2025
Sentencing remains scheduled for 4/4/2025 at 3:00 p.m. (Sentencing set for 4/4/2025 at 03:00 PM before Judge Katherine Polk Failla.
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13 Days
  • 4/14/2025
Redacted Transcript Deadline set for 4/14/2025.
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10 Weeks
  • 6/11/2025
Release of Transcript Restriction set for 6/11/2025.
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Filing Date # Docket Text
4/1/2025 LETTER by USA as to Shpendim Haxhaj addressed to Judge Katherine Polk Failla from AUSA Frank Balsamello dated April 1, 2025 re: Defendant's Request for In-Court Evaluation and Family Visit Document filed by USA. (Balsamello, Frank) (Entered: 04/01/2025)
3/14/2025
  • Motion to Intervene
MOTION For Court Intervention Regarding Defendant's Status and Family Access to Visitation. Document filed by Shpendim Haxhaj. (jw) (Entered: 03/14/2025)
3/13/2025NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Drilon Haxhaj. Notice is hereby given that an official transcript of a Conference proceeding held on 2/27/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/13/2025)
3/13/2025TRANSCRIPT of Proceedings as to Drilon Haxhaj re: Conference held on 2/27/2025 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Carly Davis, (212) 805-0320, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/3/2025. Redacted Transcript Deadline set for 4/14/2025. Release of Transcript Restriction set for 6/11/2025. (McGuirk, Kelly) (Entered: 03/13/2025)
2/27/2025Minute Entry for proceedings held before Judge Katherine Polk Failla: Status Conference as to Shpendim Haxhaj held on 2/27/2025. Defendant Shpendim Haxhaj present with attorney Alain Massena. AUSAs Christopher Brumwell and Brandon Douglas Harper present. Court reporter Carly Davis present. The parties shall submit their briefings promptly. Sentencing remains scheduled for 4/4/2025 at 3:00 p.m. (Sentencing set for 4/4/2025 at 03:00 PM before Judge Katherine Polk Failla.) (jbo) (Entered: 02/27/2025)
1/15/2025340SEALED DOCUMENT placed in vault. (jus) (Entered: 01/15/2025)
12/17/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yeltsin Beltran. Notice is hereby given that an official transcript of a Conference proceeding held on 11/6/2024 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: 12/17/2024)
12/17/2024TRANSCRIPT of Proceedings as to Yeltsin Beltran re: Conference held on 11/6/2024 before Judge Katherine Polk Failla. 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 1/7/2025. Redacted Transcript Deadline set for 1/17/2025. Release of Transcript Restriction set for 3/17/2025. (McGuirk, Kelly) (Entered: 12/17/2024)
11/19/2024Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Yeltsin Beltran re: 337 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 11/19/2024)
11/19/2024Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Yeltsin Beltran to US Court of Appeals re: 337 Notice of Appeal - Final Judgment. (tp) (Entered: 11/19/2024)
11/19/2024Appeal Remark as to Yeltsin Beltran re: 337 Notice of Appeal - Final Judgment. Appeal Fee Waved. Attorney CJA. (tp) (Entered: 11/19/2024)
11/19/2024NOTICE OF APPEAL by Yeltsin Beltran from 334 Judgment. (tp) (Entered: 11/19/2024)
11/12/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yeltsin Beltran. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/31/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/12/2024)
11/12/2024TRANSCRIPT of Proceedings as to Yeltsin Beltran re: Sentence held on 10/31/2024 before Judge Katherine Polk Failla. 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 12/3/2024. Redacted Transcript Deadline set for 12/13/2024. Release of Transcript Restriction set for 2/10/2025. (McGuirk, Kelly) (Entered: 11/12/2024)
11/7/2024
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Yeltsin Beltran (2). THE DEFENDANT: was found guilty on counts One, Two, and Three after a plea of not guilty. The defendant has been found not guilty on counts Eight and Nine. Counts ALL OPEN COUNTS are dismissed on the motion of the United States. IMPRISONMENT: An aggregate term of three-hundred-eighty (380) months, comprising concurrent terms of two-hundred-forty (240) months on Count 1 and two-hundred-sixty (260) months on Count 2, and a consecutive term of one-hundred-twenty (120) months on Count 3. This Court imposes this aggregate sentence to run partially concurrently with any sentences imposed in Defendant's criminal cases in Bronx Supreme Criminal Court under Index Nos. 00619-2020, 00534-2019, and 01981-2019, namely, that this Court intends Defendant's federal sentence to begin on the date of his arrival in this District, i.e., January 13, 2021. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that Defendant be designated to a facility of the appropriate security level in the New York City metropolitan area to facilitate family visits. The Court also recommends that Defendant be placed into the RDAP program. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Three (3) years on Count One, and Five (5) years on each of Counts Two and Three, to run concurrently on all Counts. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $300.00 due immediately. (Signed by Judge Katherine Polk Failla on 11/7/2024) (ap) (Entered: 11/07/2024)
11/7/2024DISMISSAL OF COUNTS on Government Motion as to Yeltsin Beltran (2) Count 1,1s,2,2s,8ss,9ss. (ap) (Entered: 11/07/2024)
11/6/2024Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference as to Yeltsin Beltran held on 11/6/2024. Defendant Yeltsin Beltran's presence waived. Attorney Daniel Stein present. AUSAs Frank James Balsamello, Brandon Douglas Harper, and Benjamin Anthony Gianforti present. Court reporter Kristin Carranante present. The Court will issue the Judgment in due course. Defendant continued remanded. (job) (Entered: 11/06/2024)
11/6/2024NOTICE OF HEARING as to Yeltsin Beltran: A telephonic conference is scheduled for November 6, 2024 at 2:30 p.m., to discuss an issue of the sentence that was imposed in this matter. The dial-in information is as follows: At the designated time, the parties shall call (888) 363-4749 and enter access code 5123533. Public access is also available using this dial-in. Listen-only participants must mute themselves when joining the conference. The recording and or rebroadcasting of the conference is not permitted (Telephone Conference set for 11/6/2024 at 02:30 PM before Judge Katherine Polk Failla.) ***No PDF is attached to this entry. (tn) (Entered: 11/06/2024)
10/31/2024Minute Entry for proceedings held before Judge Katherine Polk Failla: Sentencing held on 10/31/2024 for Yeltsin Beltran (2) Count 1ss,2ss,3ss,8ss,9ss. Defendant Yeltsin Beltran present with attorney Daniel Stein. AUSAs Frank James Balsamello, Christopher David Brumwell, Brandon Douglas Harper, and Benjamin Anthony Gianforti present. Defendant continued remanded. (See Judgment) (Court Reporter Carol Ganley) (ap) (Entered: 11/06/2024)
10/30/2024ENDORSED LETTER as to (21-Cr-17-2) Yeltsin Beltran addressed to Judge Katherine Polk Failla from Attorney Daniel L. Stein dated October 30, 2024 re: I represent the defendant, Yeltsin Beltran, in the above-captioned matter. Mr. Beltran is currently scheduled to be sentenced before this Court tomorrow on October 31, 2024. We respectfully request that the Court adjourn sentencing for an additional two weeks to a date on or after November 13, 2024 due to extenuating circumstances that have impacted my ability to meet with Mr. Beltran at the Metropolitan Detention Center, Brooklyn ("MDC") where Mr. Beltran is currently incarcerated.... ENDORSEMENT: Application DENIED. Counsel is, of course, welcome to meet with Defendant in the cell block prior to the sentencing. The Clerk of Court is directed to terminate the pending motion at docket entry 332. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/30/2024) (bw) (Entered: 10/30/2024)
10/30/2024
  • Motionby Δ
LETTER MOTION addressed to Judge Katherine Polk Failla from Daniel L. Stein dated October 30, 2024 re: Request to Adjourn Sentencing . Document filed by Yeltsin Beltran. (Stein, Daniel) (Entered: 10/30/2024)
10/28/2024Attorney update in case as to Yeltsin Beltran (2). Attorney Chelsea Lynn Spence terminated. [*** Note: Refer to Memo Endorsement, Doc.# 331 . ***] (bw) (Entered: 10/28/2024)
10/28/2024
  • Order
MEMO ENDORSEMENT as to (21-Cr-17-2) Yeltsin Beltran on "NOTICE OF WITHDRAWAL OF APPEARANCE FOR CHELSEA L. SPENCE AND PROPOSED ORDER" filed by Attorney Daniel L. Stein dated October 25, 2024 re: Counsel for Yeltsin Beltran respectfully withdraws the appearance of Chelsea L. Spence in the above-captioned matter due to a potential conflict of interest that has arisen in connection with Ms. Spence's representation of Mr. Beltran, which Counsel understands the Government will further address with the Court prior to sentencing in this matter.... ENDORSEMENT: The Court has reviewed this withdrawal notice (Dkt. #329) as well as the Government's letter (Dkt. #330). At sentencing, the Court will conduct a colloquy with the Defendant regarding this subject. The Clerk of Court is directed to terminate Ms. Spence from the docket. The Court extends its best wishes to Ms. Spence in her future endeavors. The Clerk of Court is further directed to terminate the pending motion at docket entry 329. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/28/2024) (bw) (Entered: 10/28/2024)
10/25/2024 LETTER by USA as to Yeltsin Beltran addressed to Judge Katherine Polk Failla from AUSA Frank Balsamello dated October 25, 2024 re: Colloquy at Sentencing Document filed by USA. (Balsamello, Frank) (Entered: 10/25/2024)
10/25/2024
  • Motion to Withdraw as Counselby Δ
MOTION for Chelsea L. Spence to Withdraw as Attorney . Document filed by Yeltsin Beltran. (Stein, Daniel) (Entered: 10/25/2024)
10/25/2024SENTENCING SUBMISSION by USA as to Yeltsin Beltran. (Attachments: # 1 Exhibit A)(Balsamello, Frank) (Entered: 10/25/2024)
10/17/2024SENTENCING SUBMISSION by Yeltsin Beltran. (Attachments: # 1 Exhibit A - Ray Lopez Mitigation Report, # 2 Exhibit B - Letter from Jafreisy Beltran, # 3 Exhibit C - Letter from Alvaro Rodas, # 4 Exhibit D - Letter from Jenipher Alvarez, # 5 Exhibit E - Letter from Mercy Beltran)(Stein, Daniel) (Entered: 10/17/2024)
10/17/2024Mailed a copy of 326 Memo Endorsement, as to Shpendim Haxhaj, to Marigona Haxhaj/Kimete Haxhaj/& Shpresim Haxhaj at 1906 White Plains Rd Bronx, NY 10462 by USPS. (tn) (Entered: 10/17/2024)
10/16/2024
  • Order
MEMO ENDORSEMENT as to Shpendim Haxhaj on re: 325 Letter filed by Shpendim Haxhaj....ENDORSEMENT...The Court is in receipt of Mr. Haxhaj's family's letter request. As the Court previously said in its September 13, 2024 endorsement (Dkt. #324), the Court is sensitive to the nature of the requests, but these matters are more appropriately addressed in the civil action that is no longer before this Court. Once again, the Court refers the family to its August 26, 2024 Order designating Mr. Haxhaj to a suitable facility for treatment. (See Dkt. #320). The Clerk of Court is directed to docket this letter endorsement in Case No. 21 Cr. 17. (Signed by Judge Katherine Polk Failla on 10/15/24)(jw) (Entered: 10/16/2024)
10/15/2024 LETTER addressed to Judge Katherine Polk Failla from Marigona Haxhaj dated 10/14/24 re: Request for Incident Reports in Hudson County, Medication Clarification, and Notification of a Monitored Test Being Given to Mr. Haxhaj (jw) (Entered: 10/16/2024)
9/13/2024ENDORSED LETTER as to Shpendim Haxhaj addressed to Judge Katherine Polk Failla from Kimete Haxhaj dated 9/10/24 re: Follow-Up Motion for Medical Evaluation, Release from Segregated Housing Unit, and Request for Physical Contact During Family Visits...ENDORSEMENT: The Court is in receipt of Mr. Haxhaj's family's letter request. While the Court is sensitive to the nature of the requests, as per the Court's August 26, 2024 Endorsement in Case No. 21 Cr. 17 (see Dkt. #321), these matters are more appropriately addressed in the civil action that is no longer before this Court. Nevertheless, with regards to a number of issues raised by the family, the Court refers the family to the Court's August 26, 2024 Order designating Mr. Haxhaj to a suitable facility for treatment. (See Dkt. #320). The Clerk of Court is directed to docket this letter endorsement in Case No. 21 Cr 17. (Signed by Judge Katherine Polk Failla on 9/13/2024)(jw) (Entered: 09/16/2024)
9/13/2024Set/Reset Hearings as to Yeltsin Beltran: Sentencing set for 10/31/2024 at 03:00 PM before Judge Katherine Polk Failla. (ap) (Entered: 09/13/2024)
9/13/2024
  • Order
MEMO ENDORSEMENT as to Yeltsin Beltran (2) granting 322 CONSENT LETTER MOTION addressed to Judge Katherine Polk Failla from Daniel L. Stein dated September 13, 2024 re: Request to Adjourn Sentencing. ENDORSEMENT: Application GRANTED. The sentencing currently scheduled for October 1, 2024, is hereby ADJOURNED to October 31, 2024, at 3:00 p.m. The Clerk of Court is directed to terminate the pending motion at docket number 322. (Signed by Judge Katherine Polk Failla on 9/13/2024) (ap) (Entered: 09/13/2024)
9/13/2024CONSENT LETTER MOTION addressed to Judge Katherine Polk Failla from Daniel L. Stein dated September 13, 2024 re: Request to Adjourn Sentencing . Document filed by Yeltsin Beltran. (Stein, Daniel) (Entered: 09/13/2024)
8/26/2024
  • Order
MEMO ENDORSEMENT as to Shpendim Haxhaj on re: 319 LETTER by USA as to Shpendim Haxhaj addressed to Judge Katherine Polk Failla from AUSA Frank Balsamello dated August 19, 2024 re: Response to Court Order and Defense Letter, Dkt ##313, 315. ENDORSEMENT: The Court is in receipt of the parties' letters as well as the jointly proposed order of commitment. (Dkt. #315, 319). Given the unique circumstances of this case, including Mr. Haxhaj's recent transfer to a facility for evaluation, defense counsel is hereby ORDERED to disclose to the family members with whom counsel has met, Mr. Haxhaj's medical records with the hope that competence can be restored. The Court trusts that the family recognizes the sensitivity and confidentiality of these records and will significantly limit their circulation. All other issues raised in these letters are more appropriately addressed in the civil action that is no longer before this Court. Defense counsel is hereby ORDERED to provide a copy of this endorsement to Mr. Haxhaj's family. The Court will sign the proposed commitment order in a separate endorsement. The Clerk of Court is directed to terminate the pending motion at docket number 312. (Signed by Judge Katherine Polk Failla on 8/26/2024) (ap) (Entered: 08/26/2024)
8/26/2024
  • Order
ORDER as to Shpendim Haxhaj: IT IS HEREBY ORDERED, pursuant to 18 U.S.C. § 4241(d), that the defendant be committed to the custody of the Attorney General of the United States; and it is further ORDERED, pursuant to 18 U.S.C. § 4241(d)(1), that the Attorney General shall hospitalize the defendant as soon as possible for treatment in a suitable facility for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantially probability that in the foreseeable future the defendant will attain the capacity to permit criminal proceedings to go forward against him; and it is further ORDERED that the Attorney General shall designate and transport the defendant to the suitable facility at which the defendant will be hospitalized as expeditiously as possible; and it is further ORDERED that the MCFP Springfield is a "suitable facility" under 18 U.S.C. §§ 4241(d) and 4247(a)(2) IT IS HEREBY ORDERED, pursuant to 18 U.S.C. § 4241(d), that the defendant be committed to the custody of the Attorney General of the United States; and it is further ORDERED, pursuant to 18 U.S.C. § 4241(d)(1), that the Attorney General shall hospitalize the defendant as soon as possible for treatment in a suitable facility for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantially probability that in the foreseeable future the defendant will attain the capacity to permit criminal proceedings to go forward against him; and it is further ORDERED that the Attorney General shall designate and transport the defendant to the suitable facility at which the defendant will be hospitalized as expeditiously as possible; and it is further ORDERED that the MCFP Springfield is a "suitable facility' under 18 U.S.C. §§ 4241(d) and 4247(a)(2) ORDERED that copies of any medical, psychiatric and/or psychological reports filed with the Court be provided to the Government to the attention of Assistant United States Attorney Frank Balsamello, 26 Federal Plaza, New York, New York 10278, and defense counsel Alain Massena, Esq., Massena Law, P.C., 305 Broadway, 7th Floor, New York, New York 10007, or any successor counsel appointed to represent the defendant. (Signed by Judge Katherine Polk Failla on 8/26/2024) (See ORDER set forth) (ap) (Entered: 08/26/2024)
8/19/2024 LETTER by USA as to Shpendim Haxhaj addressed to Judge Katherine Polk Failla from AUSA Frank Balsamello dated August 19, 2024 re: Response to Court Order and Defense Letter, Dkt ##313, 315 Document filed by USA. (Attachments: # 1 Proposed Order Commitment)(Balsamello, Frank) (Entered: 08/19/2024)
8/9/2024MEMO ENDORSEMENT as to Yeltsin Beltran re: 317 CONSENT LETTER MOTION Request to Adjourn Sentencing... Endorsement: Application GRANTED. The sentencing in this matter currently scheduled for August 22, 2024, shall be ADJOURNED to October 1, 2024, at 3:30 p.m. The Clerk of Court is directed to terminate the pending motion at docket number 317. So Ordered. (Sentencing set for 10/1/2024 at 03:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 8/9/24)(jbo) (Entered: 08/09/2024)
8/8/2024CONSENT LETTER MOTION addressed to Judge Katherine Polk Failla from Daniel L. Stein dated August 7, 2024 re: Request to Adjourn Sentencing . Document filed by Yeltsin Beltran. (Stein, Daniel) (Entered: 08/08/2024)
8/8/2024NOTICE OF ATTORNEY APPEARANCE: Chelsea Lynn Spence appearing for Yeltsin Beltran. Appearance Type: CJA Appointment. (Spence, Chelsea) (Entered: 08/08/2024)
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