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USA v. SMITH

1:21-cr-00280 | New York Southern District Court

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Division Foley Square
Judge Judge Alvin K. Hellerstein
Filed April 29, 2021
Terminated June 5, 2024
Case Flags CLOSED, APPEAL, and ECF
Related Case 1:24-cv-02821
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Filing Date # Docket Text
10/30/2024 OPINION & ORDER DENYING § 2255 PETITION as to (21-Cr-280-1) Jayquan Smith. Petitioner Jayquan Smith petitions to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 following his guilty plea and sentence. He argues that despi te his statements on the record to the contrary, he pleaded guilty because his defense counsel allegedly promised him that if he did, he would receive a sentence well below the United States Sentencing Guidelines range. Petitioner's claims are w ithout merit, and I deny his petition....[*** See this Opinion & Order ***]... CONCLUSION. For the foregoing reasons, I deny Petitioner's § 2255 motion. Since "the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief," no fact hearing is necessary. 28 U.S.C. § 2255(b). Because Petitioner has "not made a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), I decline to issue a Certificate of Appealability. The Clerk of Court shall close 24 Civ. 2821 and terminate ECF No. 1 therein. He also shall terminate ECF No. 243 of 21 Cr. 280. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/30/2024) (bw)
9/23/2024MEMORANDUM in Opposition by USA as to Jayquan Smith re 243 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 1:21-cr-00280-01.). (Attachments: # 1 Exhibit A - Plea Agreement)(Rothman, Alexandra) (Entered: 09/23/2024)
7/27/2024 LETTER by USA as to Jayquan Smith addressed to Judge Alvin K. Hellerstein from Alexandra Rothman and Jim Ligtenberg dated July 27, 2024 Document filed by USA. (Ligtenberg, James) (Entered: 07/27/2024)
6/5/2024JUDGMENT IN A CRIMINAL CASE as to Jonathan Odenthal (5). The Defendant pleaded guilty to count 1. All open counts are dismissed on the motion of the United States. IMPRISONMENT: 41 months. The defendant is notified of his right to appeal. The court makes the following recommendations to the Bureau of Prisons: that the defendant participate in the RDAP program. that the defendant be confined as close to NYC as possible. SUPERVISED RELEASE: 3 years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Alvin K. Hellerstein on 6/5/2024) (lnl) (Entered: 06/05/2024)
6/5/2024DISMISSAL OF COUNTS on Government Motion as to Jonathan Odenthal (5) Count 1. (lnl) (Entered: 06/05/2024)
4/23/2024DECLARATION of Jayquan Smith [Executed version] in Support as to Jayquan Smith re: 243 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 1:21-cr-00280-01.). (Kopp, Glen) (Entered: 04/23/2024)
4/15/2024 AS PER MOTION 2255 Document # 243, Civil case 24-CV-2821 (AKH) FILED as to Jayquan Smith. NO FURTHER ENTRIES SHOULD BE MADE IN THE CIVIL CASE. (gp) (Entered: 04/15/2024)
4/12/2024DECLARATION of Glen A. Kopp in Support as to Jayquan Smith re: 243 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 1:21-cr-00280-01.). (Attachments: # 1 Exhibit A - to Kopp Declaration, # 2 Exhibit B - to Kopp Declaration)(Kopp, Glen) (Entered: 04/12/2024)
4/12/2024MEMORANDUM in Support by Jayquan Smith re 243 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 1:21-cr-00280-01.). (Kopp, Glen) (Entered: 04/12/2024)
4/12/2024 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 1:21-cr-00280-01.) Document filed by Jayquan Smith. (Kopp, Glen) (Entered: 04/12/2024)
2/9/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Odenthal. Notice is hereby given that an official transcript of a Sentence proceeding held on 12/14/2023 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: 02/09/2024)
2/9/2024TRANSCRIPT of Proceedings as to Jonathan Odenthal re: Sentence held on 12/14/2023 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/1/2024. Redacted Transcript Deadline set for 3/11/2024. Release of Transcript Restriction set for 5/9/2024. (McGuirk, Kelly) (Entered: 02/09/2024)
12/13/2023Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Sentencing held on 12/13/2023 for Jonathan Odenthal (5) Count 1s. Deft. pres. w/atty. Elena Fast; AUSA, Jim Ligtenberg pres.; Deft. sentenced to 41 months custody; 3 years supervised release; $100 Special Assessment; See judgment for Special Conditions; Deft. cont'd. remanded. (Court Reporter Khris Sellin) (ap) (Entered: 12/14/2023)
12/7/2023SENTENCING SUBMISSION by USA as to Jonathan Odenthal. (Ligtenberg, James) (Entered: 12/07/2023)
11/30/2023SENTENCING SUBMISSION by Jonathan Odenthal. (Attachments: # 1 Exhibit A- Letters of Support, # 2 Exhibit B - Letter from Mr. Odenthal, # 3 Exhibit C - MDC Memorandum)(Fast, Elena) (Entered: 11/30/2023)
10/24/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rashien Jackson. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/13/2023 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: 10/24/2023)
10/24/2023TRANSCRIPT of Proceedings as to Rashien Jackson re: Sentence held on 9/13/2023 before Judge Alvin K. Hellerstein. 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 11/14/2023. Redacted Transcript Deadline set for 11/24/2023. Release of Transcript Restriction set for 1/22/2024. (McGuirk, Kelly) (Entered: 10/24/2023)
10/23/2023236SEALED DOCUMENT placed in vault. (nmo) (Entered: 10/23/2023)
10/12/2023Appeal Record Sent to USCA (Electronic File). USCA Case Number 23-7307, Certified Indexed record on Appeal Electronic Files as to Rashien Jackson re: 235 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 10/12/2023)
10/6/2023Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Rashien Jackson to US Court of Appeals re: 235 Notice of Appeal.(nd) (Entered: 10/06/2023)
10/5/2023NOTICE OF APPEAL by Rashien Jackson from 232 Judgment. (nd) (Entered: 10/06/2023)
9/29/2023TRANSCRIPT REQUEST by Rashien Jackson for a Sentence proceeding held on 2/7/23, 9/13/23 before Judge Alvin K. Hellerstein Transcript due by 10/10/2023. (Tulman, Scott) (Entered: 09/29/2023)
9/27/2023JUDGMENT IN A CRIMINAL CASE as to Rashien Jackson (2). THE DEFENDANT: pleaded guilty to count 6. All open counts are dismissed on the motion of the United States. IMPRISONMENT: 85 months. The defendant is notified of his right appeal. The court makes the following recommendations to the Bureau of Prisons: that the defendant be confined at a facility as close to NYC as possible to promote family visitation. SUPERVISED RELEASE: 3 years. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $100.00. (Signed by Judge Alvin K. Hellerstein on 9/14/2023) (ap) (Entered: 09/27/2023)
9/27/2023DISMISSAL OF COUNTS on Government Motion as to Rashien Jackson (2) Count 1,1s,4,4s,5,5s,6,11s. (ap) (Entered: 09/27/2023)
9/18/2023MEMO ENDORSEMENT 230 Motion for Extension of Time as to Jonathan Odenthal...ENDORSEMENT...SO ORDERED (Signed by Judge Alvin K. Hellerstein on 9/18/23) (jw) (Entered: 09/18/2023)
9/17/2023FIRST MOTION for Extension of Time to file objections to draft Pre-Sentence Investigation Report. Document filed by Jonathan Odenthal. (Fast, Elena) (Entered: 09/17/2023)
9/13/2023Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Sentencing held on 9/13/2023 for Rashien Jackson (2) Count 6s. Sentencing held; Deft. pres. w/atty. Scott Tulman; AUSA, Alexandra Rothman pres. Deft. sentenced to 85 months; 3 years Supervised Release; $100 Special Assessment; See judgment for Special Conditions; Defendant cont'd. remanded. (Court Reporter Lisa Franko) (ap) (Entered: 09/14/2023)
9/8/2023MANDATE of USCA (Certified Copy) as to Jayquan Smith re: 198 Notice of Appeal. USCA Case Number 23-6375. Appellant moves to voluntarily dismiss this appeal. IT IS HEREBY ORDERED that the motion is GRANTED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/07/2023. (nd) (Entered: 09/08/2023)
8/4/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Daquan Murphy. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/28/2023 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: 08/04/2023)
8/4/2023TRANSCRIPT of Proceedings as to Daquan Murphy re: Sentence held on 6/28/2023 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/25/2023. Redacted Transcript Deadline set for 9/5/2023. Release of Transcript Restriction set for 11/2/2023. (McGuirk, Kelly) (Entered: 08/04/2023)
8/2/2023ORDER CLARIFYINGJUDGMENT as to Derick Murphy: On April 24, 2023, I sentenced Defendant Derek Murphy to a term of 100 months "of which 87 will be concurrent with the sentence of Judge Rakoff, running from the very moment [he was] detained on... the crime before Judge Rakoff, and 13 months consecutive." (ECF No. 211, 55 :1-6.) Counsel for Defendant has advised the Court that the Bureau of Prisons has interpreted the Judgment in this case to impose a sentence of 100 months to run concurrent with Defendant's prior sentence from April 24, 2023, rather than the date of Defendant's detainment for the prior sentence. (ECF No. 223.) This Order clarifies that the sentence I imposed added 13 months consecutive to the sentence Defendant was already serving. The Bureau of Prisons shall adjust its sentencing computation accordingly. (Signed by Judge Alvin K. Hellerstein on 8/2/2023) (ap) (Entered: 08/02/2023)
7/31/2023ORDER as to Rashien Jackson: Sentencing in the above-captioned case is adjourned from August 2, 2023 to September 13, 2023, at 2:30 p.m. (Sentencing set for 9/13/2023 at 02:30 PM before Judge Alvin K. Hellerstein) (Signed by Judge Alvin K. Hellerstein on 7/31/2023) (ap) (Entered: 07/31/2023)
7/31/2023 MOTION to Amend/Correct. Document filed by Derick Murphy. (Attachments: # 1 Exhibit Judgment, # 2 Exhibit sentence transcript)(Duboulay, Donald) (Entered: 07/31/2023)
7/27/2023ORDER as to Rashien Jackson: Sentencing in the above-captioned case is adjourned from July 31 to August 2, 2023, at 10:00 a.m. (Sentencing set for 8/2/2023 at 10:00 AM before Judge Alvin K. Hellerstein) (Signed by Judge Alvin K. Hellerstein on 7/27/2023) (ap) (Entered: 07/27/2023)
7/17/2023SENTENCING SUBMISSION by Rashien Jackson. (Attachments: # 1 Exhibit A Client Letter, # 2 Exhibit B Letters in Support, # 3 Exhibit C Certificates)(Tulman, Scott) (Entered: 07/17/2023)
7/14/2023ORDER as to Jonathan Odenthal: Sentencing in the above-captioned matter is adjourned to December 14, 2023 at 11:00 a.m, in Courtroom 14D. (Sentencing set for 12/14/2023 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein) (Signed by Judge Alvin K. Hellerstein on 7/14/2023) (ap) (Entered: 07/14/2023)
7/6/2023JUDGMENT In A Criminal Case (S1 21-Cr-280-04). Date of Imposition of Judgment: 6/28/2023. Defendant Daquan Murphy (4) pleaded guilty to Count(s) 1s. Count(s) All open counts are dismissed on the motion of the United States. PROBATION: 4 years of which the first 2 years shall be home confinement. The defendant shall receive 8 months credit of home confinement for time served during pre-trial. The defendant is notified of his right to appeal. Standard Conditions of Supervision (See page 3 of Judgment). Additional Probation Terms: 1. The defendant shall be on home confinement and shall remain home with exceptions of employment, health needs, laundry, religious services and shopping for necessities for 2 hours, no more than twice per week. 2. The defendant's work hours are 8:00 p.m. to 8:00 a.m. At times, he also is required to work later, until 10:00 a.m., without advance warning. The defendant shall be allowed to go to work between those hours and time shall be allowed for travel to and from work. 3. The probation department is to arrange his electronic monitoring to permit him to work 8:00 pm to 8:00 a.m. and additional hours until 10:00 a.m., when needed, without prior notice to the monitoring unit. 4. The defendant shall provide probation officer with access to any requested financial information. 5. The defendant shall not incur new credit charges or open additional line of credit without the approval of the probation officer unless he is in compliance with the installment payment schedule. 6. The defendant shall pay restitution in the amount of $20,000.00 to be paid at a rate of 10% of his monthly net income, payable on the 30 day of each month. 7. The defendant shall submit his/her 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. The defendant 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. 8. The defendant shall not associate or interact in any way, including through social media websites, with any gang members or associates, particularly members and associates of 800YGz street gang, or frequent neighborhoods (or "turf") known to be controlled by the 800YGz. 9. The defendant shall be supervised by the district of the residence. ASSESSMENT: $100.00, due immediately. RESTITUTION: $20,000.00. Special instructions regarding the payment of criminal monetary penalties: The defendant shall pay restitution in the amount of $20,000.00 to be paid at a rate of 10% of his monthly net income, payable on the 30 day of each month. (Signed by Judge Alvin K. Hellerstein on 7/6/2023)(bw) (Entered: 07/06/2023)
7/6/2023DISMISSAL OF COUNTS on Government Motion as to Daquan Murphy (4) Count 1. (bw) (Entered: 07/06/2023)
6/28/2023Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Sentencing held on 6/28/2023 for Daquan Murphy (4) Count 1s. Deft. pres. w/atty. Lisa Scolari; AUSA, Jim Ligtenberg pres.; Court reporter pres.; Deft. sentenced to 4 years probation of which the first 2 years shall be home confinement; Restitution $20,000; Special Assessment of $100. Please see judgment for Conditions of probation. (ap) (Entered: 07/05/2023)
6/28/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Odenthal. Notice is hereby given that an official transcript of a Plea proceeding held on 5/30/23 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: 06/28/2023)
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