USA v. CHARLES

1:21-cr-00412 | New York Southern District Court

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Division Foley Square
Judge Judge Jed S. Rakoff
Filed June 17, 2021
Terminated June 11, 2024
Case Flags CLOSED, APPEAL, and ECF
Last Updated: 1 month, 3 weeks ago Show Interactive Timeline
Filing Date # Docket Text
1/17/2025 Executive Grant of Clemency by USA as to Kewaannee Williams. The president commuted the sentence of the defendant to a term of 60 months imprisonment while also remitting up to $10,000, if any, the unpaid balance of any fine or restitution remaining at the end of the sentence while leaving intact any term of supervised release or other component of the sentence. (jm) (Entered: 01/21/2025)
1/17/2025 Executive Grant of Clemency by USA as to Jason Gonzalez. The President of the U. S. commuted the sentence of the defendant to a term of 60 months imprisonment and remitted, up to $10,000 the unpaid balance, if any, of the fine or restitution remaining at the end of the sentence leaving intact any supervised release or other components of the sentence. (jm) (Entered: 01/21/2025)
1/13/2025367SEALED DOCUMENT placed in vault. (dn) (Entered: 01/13/2025)
10/24/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Shakur Culbert, Israel Garcia. Notice is hereby given that an official transcript of a Conference proceeding held on 7/28/21 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.... (McGuirk, Kelly) (Entered: 10/24/2024)
10/24/2024TRANSCRIPT of Proceedings as to Shakur Culbert, Israel Garcia re: Conference held on 7/28/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/14/2024. Redacted Transcript Deadline set for 11/25/2024. Release of Transcript Restriction set for 1/22/2025. (McGuirk, Kelly) (Entered: 10/24/2024)
10/24/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Shakur Culbert, Daniel Silva, Marlon Watson. Notice is hereby given that an official transcript of a Conference proceeding held on 7/12/21 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.... (McGuirk, Kelly) (Entered: 10/24/2024)
10/24/2024TRANSCRIPT of Proceedings as to Shakur Culbert, Daniel Silva, Marlon Watson re: Conference held on 7/12/21 before Judge Jed S. Rakoff. 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 11/14/2024. Redacted Transcript Deadline set for 11/25/2024. Release of Transcript Restriction set for 1/22/2025. (McGuirk, Kelly) (Entered: 10/24/2024)
10/24/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jevaun Charles. Notice is hereby given that an official transcript of a Conference proceeding held on 7/7/21 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.... (McGuirk, Kelly) (Entered: 10/24/2024)
10/24/2024TRANSCRIPT of Proceedings as to Jevaun Charles re: Conference held on 7/7/21 before Judge Jed S. Rakoff. 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 11/14/2024. Redacted Transcript Deadline set for 11/25/2024. Release of Transcript Restriction set for 1/22/2025. (McGuirk, Kelly) (Entered: 10/24/2024)
7/30/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/7/2024 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: 07/30/2024)
7/30/2024TRANSCRIPT of Proceedings as to Israel Garcia re: Sentence held on 6/7/2024 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Nadine Kristoferson, (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 8/20/2024. Redacted Transcript Deadline set for 8/30/2024. Release of Transcript Restriction set for 10/28/2024. (McGuirk, Kelly) (Entered: 07/30/2024)
6/20/2024358SEALED DOCUMENT placed in vault. (nmo) (Entered: 06/20/2024)
6/18/2024Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Israel Garcia re: 357 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 06/18/2024)
6/18/2024Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Israel Garcia to US Court of Appeals re: 357 Notice of Appeal. (nd) (Entered: 06/18/2024)
6/18/2024NOTICE OF APPEAL by Israel Garcia from 356 Judgment. (nd) (Entered: 06/18/2024)
6/11/2024
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Israel Garcia (13). The Defendant was found guilty on counts 1, 2, 3, 4 5, and 6. Counts of the underlying indictments are dismissed on the motion of the United States. IMPRISONMENT: On count 1: Life. On count 2: Thirty Five (35) years, to run concurrent. On count 3: Forty (40) years, to run concurrent. On count 4: Forty (40) years, to run concurrent. On count 5: Five (5) years, to run consecutive to the other counts. On count 6: Ten (10) years, to run concurrent. The court makes the following recommendations to the Bureau of Prisons: Return to the MDC pending appeal. The defendant is remanded to the custody of the United States Marshal.SUPERVISED RELEASE: On count 1: Five (5) years, On count 2: Five (5) years, all terms on all counts to run concurrent to each other. On count 3: Five (5) years, all terms on all counts to run concurrent to each other. On count 4: Five (5) years, all terms on all counts to run concurrent to each other. On count 5: Five (5) years, all terms on all counts to run concurrent to each other. On count 6: Five (5) years, all terms on all counts to run concurrent to each other. ASSESSMENT: $600.00 due immediately. (Signed by Judge Jed S. Rakoff on 6/7/2024) (lnl) (Entered: 06/11/2024)
6/11/2024DISMISSAL OF COUNTS on Government Motion as to Israel Garcia (13) Count 1,2. (lnl) (Entered: 06/11/2024)
6/7/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 6/7/2024 for Israel Garcia (13) Count 1s,2s,3s,4s,5s,6s. On June 7, 2024 Judge Rakoff held a sentencing. Present were the defendant and his counsel Carla Sanderson and Meghan Wall-Wolf, AUSAs Jonathan Bodansky and Jacob Gutwillig for the Government and a court reporter. Sentence: Count 1- Life, Count 2- 35 years, Count 3: 40 years, Count 4: 40 years all to run concurrent to each other, count 5: 5 years to run consecutive, count 6 : 10 years to run concurrent. 5 years supervised release on each count all terms on all counts to run concurrent. $600 assessment, Deft continued remanded. (ap) (Entered: 06/11/2024)
6/5/2024NOTICE OF HEARING as to Israel Garcia. The sentencing in this case is moved to to 9 a.m. on Friday, June 7, 2024. (Sentencing set for 6/7/2024 at 09:00 AM before Judge Jed S. Rakoff) (ap) (Entered: 06/05/2024)
5/28/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Israel Garcia held on 5/28/2024. A telephonic conference was held without transcription or recording on May 28, 2024. Counsel for all parties was present. The Court grants defense counsel permission to file two letters, one with an exhibit and another with a request regarding designation pending appeal, today, May 28, 2024. The Government has until Friday, May 31, 2024 to file its response to the request regarding designation pending appeal. (Responses due by 5/31/2024) (ap) (Entered: 05/28/2024)
5/28/2024Sentencing Letter by Israel Garcia addressed to Judge Jed S. Rakoff from Carla Sanderson and Megan Wall-Wolff dated May 28, 204 re: work performance rating. (Attachments: # 1 Exhibit Performance Review)(Sanderson, Carla) (Entered: 05/28/2024)
5/28/2024Sentencing Letter by Israel Garcia addressed to Judge Jed S. Rakoff from Carla Sanderson and Megan Wall-Wolff dated May 28, 2024 re: requesting the Court recommend Mr. Garcia remain at the MDC pending the filing of briefs in his anticipated appeal. (Sanderson, Carla) (Entered: 05/28/2024)
5/16/2024
  • Motion to Substitute CounselGranted
MEMO ENDORSEMENT as to Israel Garcia (13) granting 352 Motion to Substitute Attorney. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 5/16/2024) (lnl) (Entered: 05/16/2024)
5/15/2024
  • Motion to Substitute Counsel
FIRST MOTION to Substitute Attorney. Old Attorney: Daniel S. Parker (co-counsel), New Attorney: Carla Sanderson and Megan Wall-Wolff . Document filed by Israel Garcia. (Parker, Daniel) (Entered: 05/15/2024)
5/7/2024 OPINION as to Israel Garcia: For the foregoing reasons, the Court, by Order dated April 5, 2024, denied Mr. Garcia's motion for a new trial. (Signed by Judge Jed S. Rakoff on 5/7/2024) (See OPINION as set forth) (lnl) (Entered: 05/07/2024)
5/1/2024 LETTER by Israel Garcia addressed to Judge Jed S. Rakoff, from Avraham C. Moskowitz/Deborah A. Colson/Christopher R. Neff dated 7/17/2023 re: Defense counsel writes regarding jury instructions. (ap) (Entered: 05/01/2024)
5/1/2024 LETTER by USA as to Israel Garcia addressed to Judge Jed S. Rakoff, from Jonathan Bodansy/Jacob Gutwillig/Maggie Lynaugh dated 7/17/2023 re: The Government writes regarding the proposed instructions of law to the jury. Document filed by USA. (ap) (Entered: 05/01/2024)
5/1/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Israel Garcia held on 5/1/2024. Counsel for all parties was present. The sentencing date is set for Friday, June 7, 2024 at 10 AM. (Sentencing set for 6/7/2024 at 10:00 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 05/01/2024)
4/11/2024
  • Order
ORDER as to Jevaun Charles (1) denying 332 MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Jevaun Charles (1) re Count 1s filed. granting 347 Motion to Withdraw as Attorney. On February 2, 2024, defendant Jevaun Charles filed a prose motion for a sentence reduction based upon Amendment 821 to the Sentencing Guidelines. See ECF No. 332. The Court re-appointed counsel to file a supplemental motion on Mr. Charles' behalf; however, both re-appointed counsel and probation agree that Mr. Charles is not entitled to a sentence reduction under Amendment 821. See 4/10/24 Mot., ECF No. 347; Suppl. Presentence Investigation Report, ECF No. 341. Re-appointed counsel also requested to be relieved as counsel. 4/10/24 Mot., at 2. The Court accordingly denies Mr. Charles' motion for a sentence reduction and relieves Donna R. Newman as counsel. The Clerk of Court is respectfully directed to close docket entry numbers 332 and 347. Donna Rita Newman withdrawn from case. (Signed by Judge Jed S. Rakoff on 4/11/2024) (ap) (Entered: 04/11/2024)
4/10/2024
  • Motion to Withdraw as Counsel
MOTION for Donna R. Newman to Withdraw as Attorney And Request for Court To Consider Mr. Charles' pro se Submission. Document filed by Jevaun Charles. (Newman, Donna) (Entered: 04/10/2024)
4/5/2024
  • Order
ORDER as to Israel Garcia. On January 26, 2024, defendant, Israel Garcia, filed a motion for a new trial. See Def. Mem. in Supp. of Mot. for a New Trial, ECF No. 330. On February 22, 2024, the Court held an evidentiary hearing on the motion. Upon due consideration of the parties' written submissions and the evidence presented at the hearing, the Court hereby denies defendant's motion for a new trial. An Opinion explaining the reasons for this ruling will issue in due course. The Clerk of Court is respectfully directed to close docket entries number 330 and 331 (Signed by Judge Jed S. Rakoff on 4/5/24) (jw) (Entered: 04/05/2024)
3/22/2024 RESPONSE in Opposition by USA as to Israel Garcia re: 330 MOTION for New Trial .. (Lynaugh, Margaret) (Entered: 03/22/2024)
3/14/2024
  • Motion for New Trialby Δ
MEMORANDUM in Support by Israel Garcia re 330 MOTION for New Trial .. (Sanderson, Carla) (Entered: 03/14/2024)
3/5/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Oral Argument proceeding held on 02/22/2024 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: 03/05/2024)
3/5/2024TRANSCRIPT of Proceedings as to Israel Garcia re: Oral Argument held on 02/22/2024 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Dana Holland, (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 3/26/2024. Redacted Transcript Deadline set for 4/5/2024. Release of Transcript Restriction set for 6/3/2024. (McGuirk, Kelly) (Entered: 03/05/2024)
2/22/2024340SEALED DOCUMENT placed in vault. (nmo) (Entered: 02/23/2024)
2/22/2024339SEALED DOCUMENT placed in vault. (nmo) (Entered: 02/23/2024)
2/22/2024338SEALED DOCUMENT placed in vault. (nmo) (Entered: 02/23/2024)
2/22/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Evidentiary Hearing as to Israel Garcia held on 2/22/2024. On February 22, 2024 Judge Rakoff held an Evidentiary Hearing. Present were AUSAs Jonathan Bodansky and Margaret Lynaugh for the Government, Defendant Garcia present with counsel Carla Sanderson and Daniel Parker, witnesses Avraham Moskowitz and Sherrod Murphy with counsel Richard Palma, and a court reporter. Defense submissions due by 03/14/2024, Government response due 03/21/2024. (lnl) (Entered: 02/22/2024)
2/21/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Jevaun Charles held on 2/21/2024. Counsel for all parties was present. Defense counsel's supplemental submission on the motion for a sentence reduction will now be due Friday, April 12, 2024. Once the supplemental submission is filed, the parties should jointly call Chambers to set a deadline for the Government's response papers. (jbo) (Entered: 02/22/2024)
2/21/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Pretrial Conference as to Jevaun Charles held on 2/21/2024. A telephonic conference was held without transcription or recording on February 21, 2024. Counsel for all parties was present. Defense counsel's supplemental submission on the motion for a sentence reduction will now be due Friday, April 12, 2024. Once the supplemental submission is filed, the parties should jointly call Chambers to set a deadline for the Government's response papers. (lnl) (Entered: 02/22/2024)
2/20/2024NOTICE OF ATTORNEY APPEARANCE: Daniel Steven Parker appearing for Israel Garcia. Appearance Type: CJA Appointment. (Parker, Daniel) (Entered: 02/20/2024)
2/19/2024
  • Motion for New Trialby Δ
RESPONSE in Support of Motion by Israel Garcia re: 330 MOTION for New Trial .. (Attachments: # 1 Exhibit Exhibit, # 2 Exhibit Exhibit, # 3 Exhibit Exhibit, # 4 Exhibit Exhibit, # 5 Exhibit Exhibit, # 6 Exhibit Exhibit)(Sanderson, Carla) (Entered: 02/19/2024)
2/13/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Israel Garcia held on 2/13/2024. Counsel for all parties and Mr. Moskowitz were present. The Court will appoint CJA counsel to represent Mr. Murphy. The hearing on the motion for a new trial will now be held on Thursday, February 22, 2024 at 9 AM. Defense counsel must file their reply brief by no later than Monday, February 19, 2024. (Replies due by 2/19/2024. Motion Hearing set for 2/22/2024 at 09:00 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 02/14/2024)
2/9/2024MEMORANDUM in Opposition by USA as to Israel Garcia re 330 MOTION for New Trial .. (Attachments: # 1 Exhibit A &B, # 2 Affidavit Moskowitz Declaration)(Lynaugh, Margaret) (Entered: 02/09/2024)
2/7/2024
  • Order
ORDER RE: ATTORNEY-CLIENT PRIVILEGE WAIVER as to Israel Garcia. (Signed by Judge Jed S. Rakoff on 2/7/2024) (See ORDER as set forth) (lnl) (Entered: 02/07/2024)
2/6/2024 RESPONSE in Opposition by Israel Garcia re: 331 MOTION Attorney-Client Privilege Waiver .. (Sanderson, Carla) (Entered: 02/06/2024)
2/2/2024
  • Motion
MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Jevaun Charles (1) re Count 1s filed. Document filed by Jevaun Charles. (jw) (Entered: 02/06/2024)
2/2/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Israel Garcia held on 2/2/2024. A telephonic conference was held without transcription or recording on February 2, 2024. Counsel for all parties was present. The Government may file its letter requesting an order regarding a waiver of privilege by midnight on Friday, February 2, 2024. Defense counsel must file any response by Tuesday, February 6, 2024 at midnight. (lnl) (Entered: 02/05/2024)
2/2/2024
  • Motion
MOTION Attorney-Client Privilege Waiver . Document filed by USA as to Israel Garcia. (Attachments: # 1 Proposed Order Proposed Order)(Lynaugh, Margaret) (Entered: 02/02/2024)
1/26/2024
  • Motion for New Trialby Δ
MOTION for New Trial . Document filed by Israel Garcia. (Attachments: # 1 Exhibit A)(Sanderson, Carla) (Entered: 01/26/2024)
1/23/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Marlon Watson. Notice is hereby given that an official transcript of a Sentence proceeding held on 12/19/23 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: 01/23/2024)
1/23/2024TRANSCRIPT of Proceedings as to Marlon Watson re: Sentence held on 12/19/23 before Judge Jed S. Rakoff. 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 2/13/2024. Redacted Transcript Deadline set for 2/23/2024. Release of Transcript Restriction set for 4/22/2024. (Moya, Goretti) (Entered: 01/23/2024)
1/4/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Israel Garcia held on 1/4/2024. A telephonic conference was held without transcription or recording on January 4, 2024. Counsel for all parties was present. The hearing scheduled for Friday, February 16, 2024, at 4 PM to hereby moved to Friday, February 16, 2024, at 9 AM. (Sentencing set for 2/16/2024 at 09:00 AM before Judge Jed S. Rakoff) (ap) (Entered: 01/04/2024)
1/4/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Conference proceeding held on 12/18/23 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: 01/04/2024)
1/4/2024TRANSCRIPT of Proceedings as to Israel Garcia re: Conference held on 12/18/23 before Judge Jed S. Rakoff. 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 1/25/2024. Redacted Transcript Deadline set for 2/5/2024. Release of Transcript Restriction set for 4/3/2024. (Moya, Goretti) (Entered: 01/04/2024)
12/22/2023
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Marlon Watson (11). THE DEFENDANT: pleaded guilty to counts 1,2,3. Counts of the underlying indictments are dismissed on the motion of the United States. IMPRISONMENT: On counts 1,2,3,: Time Served. SUPERVISED RELEASE: On count 1: Five (5) years. On count 2: Five (5) years. On count 3: Three (3) years. All terms on all counts to run concurrent to each other. TOTAL OF FIVE YEARS. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $300.00 due immediately. (Signed by Judge Jed S. Rakoff on 12/22/2023) (ap) (Entered: 12/22/2023)
12/22/2023
  • Order
ORDER as to Marlon Watson. It is hereby ORDERED that defendant, Marlon Watson, Reg#53660-509 be released from custody, The U.S. Marshals are to release the defendant unless any pending warrants, detainers or other issues are encountered. (Signed by Judge Jed S. Rakoff on 12/19/23)(jw) (Entered: 12/22/2023)
12/19/2023DISMISSAL OF COUNTS on Government Motion as to Marlon Watson (11) Count 1,1s,2,2s. (ap) (Entered: 12/22/2023)
12/19/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 12/19/2023 for Marlon Watson (11) Count 1ss,2ss,3ss. On December 19, 2023 Judge Rakoff held a sentencing. Present were the defendant and his counsel John Buza, AUSA Jacob Gutwillig, AUSA Margaret Lynaugh for the Government and a court reporter. Sentence: On COUNT 1,2,3: Time served. 5 years supervised release, $300 assessment. Dismiss underlying indictments (ap) (Entered: 12/22/2023)
12/18/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 12/18/2023 for Israel Garcia (13) Count 1s,2s,3s,4s,5s,6s. On 12/18/2023 Judge Rakoff held a sentencing. Present were the defendant, his counsel Carla Sanderson, AUSAs Jonathan Bodansky, Margaret Lynaugh and Michal Ferguson for the Government and a court reporter. Defenses motion due 1/26/2024, Governments response due 2/9/2024, replies due 2/15/2024. A further sentencing hearing will be held on 2/16/2024 at 4:00pm in courtroom 14B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York City, New York. Deft continued remanded. (Motions due by 1/26/2024. Responses due by 2/9/2024. Replies due by 2/15/2024. Sentencing set for 2/16/2024 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff) (ap) (Entered: 12/20/2023)
12/13/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Israel Garcia held on 12/13/2023. A telephonic conference was held without transcription or recording on December 13, 2023. Counsel for all parties was present. The sentencing will go forward as scheduled. At the sentencing, the Court will discuss whether to hold the filing of final judgment until the defendants motion, if allowed, is resolved. (ap) (Entered: 12/13/2023)
12/11/2023SENTENCING SUBMISSION by USA as to Israel Garcia. (Lynaugh, Margaret) (Entered: 12/11/2023)
12/11/2023SENTENCING SUBMISSION by Israel Garcia. (Attachments: # 1 Exhibit A-D)(Sanderson, Carla) (Entered: 12/11/2023)
12/11/2023NOTICE OF ATTORNEY APPEARANCE: Megan Elizabeth Wall-Wolff appearing for Israel Garcia. Appearance Type: CJA Appointment. (Wall-Wolff, Megan) (Entered: 12/11/2023)
11/3/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Conference proceeding held on 8/28/2023 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: 11/03/2023)
11/3/2023TRANSCRIPT of Proceedings as to Israel Garcia re: Conference held on 8/28/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Amy 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 11/24/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 2/1/2024. (McGuirk, Kelly) (Entered: 11/03/2023)
11/1/2023
  • Motion
PRO SE DEFENDANT'S MOTION FOR FRANK'S HEARING. Document filed by Israel Garcia. (ap) (Entered: 11/01/2023)
11/1/2023AFFIDAVIT OF FACT of ISRAEL GARCIA by Israel Garcia. (ap) (Entered: 11/01/2023)
10/6/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Conference proceeding held on 7/7/2023 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: 10/06/2023)
10/6/2023TRANSCRIPT of Proceedings as to Israel Garcia re: Conference held on 7/7/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sharonda Jones, (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 10/27/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/4/2024. (McGuirk, Kelly) (Entered: 10/06/2023)
9/29/2023
  • Order
MEMO ENDORSEMENT 308 MOTION Letter Motion requesting that Your Honor endorse this letter directing SDNY CJA office to correct attorney vouchers to reflect capital rate as to Israel Garcia....ENDORSEMENT...SO ORDERED (Signed by Judge Jed S. Rakoff on 9/29/2023) (jw) (Entered: 09/29/2023)
9/28/2023
  • Motion
MOTION Letter Motion requesting that Your Honor endorse this letter directing SDNY CJA office to correct attorney vouchers to reflect capital rate . Document filed by Israel Garcia. (Moskowitz, Avraham) (Entered: 09/28/2023)
9/18/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Israel Garcia held on 9/18/2023. In the above-captioned case, a telephonic conference was held without transcription or recording on September 14, 2023. Counsel for all parties was present. defendant's sentencing date is moved from Friday, October 20, 2023 at 9:30 a.m. to Friday, December 18, 2023 at 2 p.m. No further extensions will be granted. (Sentencing set for 12/18/2023 at 02:00 PM before Judge Jed S. Rakoff) (lnl) (Entered: 09/18/2023)
8/29/2023Attorney update in case as to Israel Garcia (13). Attorney Carla Marie Sanderson for Israel Garcia added. Attorney Avraham Chaim Moskowitz terminated. (bw) (Entered: 08/29/2023)
8/29/2023
  • Order
ORDER as to (21-Cr-412-13) Israel Garcia. The C.J.A. attorney assigned to this case, Avraham Moskowitz, is hereby ordered substituted and the representation of the defendant in the above captioned matter is assigned to Carla Sanderson, NUNC-PRO-TUNCE. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/29/2023)(bw) (Entered: 08/29/2023)
8/28/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Status Conference (Oral Argument) as to (21-Cr-412-13) Israel Garcia held on 8/28/2023. Judge Rakoff held oral argument on August 28, 2023, on defendant's motion for new counsel at 305 on the docket. Present were the defendant and his counsel, Avraham Moskowitz and Deborah Colson, AUSA Jonathan Bodansky for the Government and a court r4epokrter. Court's decision: Motion granted, Avraham Moskowitz and his firm are relieved from representation and CJA Duty Attorney for August 29, 2023, Carla Sanderson is appointed. (bw) (Entered: 08/29/2023)
8/22/2023NOTICE OF HEARING as to Israel Garcia. A status conference will be heard Monday, August 28, 2023 at 4:30 PM in courtroom 14B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York City, New York. (Status Conference set for 8/28/2023 at 04:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff) (ap) (Entered: 08/22/2023)
8/21/2023
  • Response
RESPONSE by USA as to Israel Garcia re: 305 Letter,, filed by Israel Garcia . (Gutwillig, Jacob) (Entered: 08/21/2023)
8/16/2023LETTER by (21-Cr-412-13) Israel Garcia addressed to Judge Jed S. Rakoff from Israel Garcia dated August 10, 2023 re: I am writing this letter to inform you that I am requesting to be appointed a new attorney or to proceed pro se to complete all legal proceedings moving forward. Mr. Moskowitz has disregarded all my demands, which has cost me greatly and has created discrepancies between him and myself. At this point, we are no longer communicating effectively, and I no longer want to be represented by him. The following timeline of events will clearly show why I am requesting this change.... (bw) (Entered: 08/16/2023)
7/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Trial proceeding held on 7/17/2023 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: 07/27/2023)
7/27/2023TRANSCRIPT of Proceedings as to Israel Garcia re: Trial held on 7/17/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sharonda Jones, (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 8/17/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/25/2023. (McGuirk, Kelly) (Entered: 07/27/2023)
7/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Trial proceeding held on 7/19/2023 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: 07/27/2023)
7/27/2023TRANSCRIPT of Proceedings as to Israel Garcia re: Trial held on 7/19/2023 before Judge Jed S. Rakoff. 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 8/17/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/25/2023. (McGuirk, Kelly) (Entered: 07/27/2023)
7/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Trial proceeding held on 7/18/2023 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: 07/27/2023)
7/27/2023TRANSCRIPT of Proceedings as to Israel Garcia re: Trial held on 7/18/2023 before Judge Jed S. Rakoff. 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 8/17/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/25/2023. (McGuirk, Kelly) (Entered: 07/27/2023)
7/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Trial proceeding held on 7/14/2023 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: 07/27/2023)
7/27/2023TRANSCRIPT of Proceedings as to Israel Garcia re: Trial held on 7/14/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sharonda Jones, (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 8/17/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/25/2023. (McGuirk, Kelly) (Entered: 07/27/2023)
7/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Trial proceeding held on 7/12/2023 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: 07/27/2023)
7/27/2023TRANSCRIPT of Proceedings as to Israel Garcia re: Trial held on 7/12/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sharonda Jones, (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 8/17/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/25/2023. (McGuirk, Kelly) (Entered: 07/27/2023)
7/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Trial proceeding held on 7/11/2023 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: 07/27/2023)
7/27/2023TRANSCRIPT of Proceedings as to Israel Garcia re: Trial held on 7/11/2023 before Judge Jed S. Rakoff. 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 8/17/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/25/2023. (McGuirk, Kelly) (Entered: 07/27/2023)
7/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Trial proceeding held on 7/10/2023 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: 07/27/2023)
7/27/2023TRANSCRIPT of Proceedings as to Israel Garcia re: Trial held on 7/10/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sharonda Jones, (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 8/17/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/25/2023. (McGuirk, Kelly) (Entered: 07/27/2023)
7/26/2023290SEALED DOCUMENT placed in vault. (nmo) (Entered: 07/26/2023)
7/26/2023289SEALED DOCUMENT placed in vault. (nmo) (Entered: 07/26/2023)
7/26/2023288SEALED DOCUMENT placed in vault. (nmo) (Entered: 07/26/2023)
7/26/2023287SEALED DOCUMENT placed in vault. (nmo) (Entered: 07/26/2023)
7/21/2023VERDICT SHEET as to USA v. Israel Garcia, 21-Cr-412-13 (JSR). Dated: 7/19/23. (bw) (Entered: 07/21/2023)
7/21/2023THE COURT'S INSTRUCTIONS OF LAW TO THE JURY as to USA v. Israel Garcia, 21-Cr-412-13. (bw) (Entered: 07/21/2023)
7/19/2023
  • Order
Oral Order of Referral to Probation for Presentence Investigation and Report as to Israel Garcia. (Signed by Judge Jed S. Rakoff on 7/19/2023) (ap) (Entered: 07/20/2023)
7/19/2023JURY VERDICT as to Israel Garcia (13) Guilty on Count 1s,2s,3s,4s,5s,6s. (ap) (Entered: 07/20/2023)
7/19/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial as to Israel Garcia held on 7/19/2023. On July 19, 2023 the jury returns to deliberate. At 4:00pm, after due deliberation the jury returns a verdict guilty on all 6 counts. Sentencing set for 10/20/2023 at 9:00am. Defendant continued remanded. PSI referral to Probation. (Sentencing set for 10/20/2023 at 09:00 AM before Judge Jed S. Rakoff) (ap) (Entered: 07/20/2023)
7/18/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial as to Israel Garcia held on 7/18/2023. Judge Rakoff held the continuation of a jury trial. Government makes their closing argument, defense makes their closing argument, Government makes their rebuttal, Charge by the Court, exceptions to the Charge. At 4:10 pm, after Marshal is sworn, the jury retires to deliberate. (jbo) (Entered: 07/19/2023)
7/17/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial as to Israel Garcia held on 7/17/2023. On July 17, 2023 Judge Rakoff held the continuation of a jury trial. At 12:45pm the Government rests. Defense motion for a directed verdict is denied. The defense counsel recalls a witness and call their own witness. Defense rests and renews their motion for a directed verdict, denied. A charging conference is held. (ap) (Entered: 07/18/2023)
7/14/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial as to Israel Garcia held on 7/14/2023. Judge Rakoff held the continuation of a jury trial. Evidence entered. (jbo) (Entered: 07/17/2023)
7/14/2023IMMUNITY ORDER as to (S2 21-Cr-412-13) Israel Garcia.... Upon the approval of the aforesaid application by the Department of Justice, by the Assistant Attorney General, pursuant to the authority vested in him by Title 18, United States Code, Section 6003 and 28 C.F.R. 0.175; it is hereby: ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, NATHANIEL MCKENZIE give testimony and provide other information as to all matters about which he may be questioned in United States v. Israel Garcia, S2 21 Cr. 412 (JSR); and IT IS FURTHER ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, no testimony or other information compelled under this Order, or any information directly or indirectly derived from such testimony or other information, may be used against NATHANIEL MCKENZIE in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. This Order shall become effective only if after the date of this Order NATHANIEL MCKENZIE refuses to testify or provide other information on the basis of his privilege against self-incrimination. (Signed by Judge Jed S. Rakoff on 7/14/2023)(bw) (Entered: 07/14/2023)
7/13/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial as to Israel Garcia held on 7/13/2023. Judge Rakoff continued his jury trial, evidence entered. (jbo) (Entered: 07/14/2023)
7/12/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial as to Israel Garcia held on 7/12/2023. On July 12, 2023 Judge Rakoff presided over a jury trial. Evidence entered. (ap) (Entered: 07/13/2023)
7/11/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial as to Israel Garcia held on 7/11/2023. On July 11, 2023, Judge Rakoff presided over a jury trial. Evidence entered. (ap) (Entered: 07/13/2023)
7/10/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Voir Dire held on 7/10/2023 as to Israel Garcia. On July 10, 2023 Judge Rakoff selected a jury. Present were AUSAs John Boidansky, Jacob Guttwillig, and Margaret Lynaugh for the Government, defense counsel Avraham Moskowitz, Deborah Colson and Christopher Neff, and a court reporter. Trial begun. (ap) (Entered: 07/13/2023)
7/8/2023Proposed Jury Instructions by USA as to Israel Garcia. (Attachments: # 1 Exhibit A - Proposed Preliminary Instructions)(Gutwillig, Jacob) (Entered: 07/08/2023)
7/7/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Pretrial Conference as to Israel Garcia held on 7/7/2023. On July 7, 2023 Judge Rakoff held a hearing on Motions in Limine. Present were the defendant and his counsel, Avraham Moskowitz, Deborah Colson and Christopher Neff, AUSAs Jacob Guttwillig, Jonathan Bodansky, and Margaret Lynaugh for the Government and a court reporter. (ap) (Entered: 07/14/2023)
7/7/2023Proposed Jury Instructions by Israel Garcia. (Colson, Deborah) (Entered: 07/07/2023)
7/6/2023
  • Order
ORDER as to Israel Garcia: Upon the application of Israel Garcia, by his attorney, Deborah Colson, it is hereby Ordered that the Metropolitan Detention Center/Bureau of Prisons (MDC/BOP) is directed to accept the following clothing for ISRAEL GARCIA, Federal Register Number 56417-509, to wear at his trial, commencing with jury selection on Monday, July 10, 2023, and continuing for two-and-a-half weeks to completion: - 1 suit jacket; - 5 pairs of pants; - 5 shirts; - 3 neckties; - 1 pair of shoes; - 2 pairs of socks; - 3 undershirts. (Signed by Judge Jed S. Rakoff on 7/6/2023) (ap) (Entered: 07/06/2023)
7/5/2023Proposed Voir Dire Questions by USA as to Israel Garcia. (Bodansky, Jonathan) (Entered: 07/05/2023)
7/5/2023Proposed Voir Dire Questions by Israel Garcia. (Colson, Deborah) (Entered: 07/05/2023)
7/3/2023 RESPONSE in Opposition by USA as to Israel Garcia re: 273 MOTION in Limine .. (Attachments: # 1 Exhibit A - Music Video, # 2 Exhibit B - Draft Transcript)(Gutwillig, Jacob) (Entered: 07/03/2023)
7/3/2023Request To Charge by USA as to Israel Garcia. (Lynaugh, Margaret) (Entered: 07/03/2023)
7/3/2023Request To Charge by Israel Garcia. (Moskowitz, Avraham) (Entered: 07/03/2023)
7/3/2023
  • Motion in Limine
MEMORANDUM in Opposition by Israel Garcia re 274 MOTION in Limine .. (Attachments: # 1 Exhibit Ex 1 - Screenshot showing publication date of Talking Hot video)(Moskowitz, Avraham) (Entered: 07/03/2023)
6/29/2023NOTICE OF HEARING as to Israel Garcia. A pre-trial hearing is scheduled for July 7 at 4 P.M. in courtroom 14B. (Pretrial Conference set for 7/7/2023 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff) (ap) (Entered: 06/29/2023)
6/26/2023
  • Motion in Limine
MOTION in Limine . Document filed by USA as to Israel Garcia. (Lynaugh, Margaret) (Entered: 06/26/2023)
6/26/2023
  • Motion in Limine
MOTION in Limine . Document filed by Israel Garcia. (Attachments: # 1 Exhibit Ex 1 - Transcript of 2011 Plea Proceedings)(Neff, Christopher) (Entered: 06/26/2023)
6/21/2023NOTICE OF ATTORNEY APPEARANCE Jonathan Leavitt Bodansky appearing for USA. (Bodansky, Jonathan) (Entered: 06/21/2023)
3/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Arraignment proceeding held on 2/17/2023 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: 03/27/2023)
3/27/2023TRANSCRIPT of Proceedings as to Israel Garcia re: Arraignment held on 2/17/2023 before Judge Jed S. Rakoff. 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 4/17/2023. Redacted Transcript Deadline set for 4/27/2023. Release of Transcript Restriction set for 6/26/2023. (McGuirk, Kelly) (Entered: 03/27/2023)
3/13/2023NOTICE of Intent Not To Seek the Death Penalty as to Israel Garcia (Lynaugh, Margaret) (Entered: 03/13/2023)
2/24/2023268SEALED DOCUMENT placed in vault. (nmo) (Entered: 02/24/2023)
2/24/2023267SEALED DOCUMENT placed in vault. (nmo) (Entered: 02/24/2023)
2/17/2023Minute Entry for proceedings held before Judge Jed S. Rakoff: Arraignment as to Israel Garcia (13) Count 1s,2s,3s,4s,5s,6s held on 2/17/2023. On February 17, 2023 Judge Rakoff held an arraignment. Present were the defendant and his counsel, Avraham Moskowitz and Deborah Colson, Christopher Neff, AUSAs Matthew Hellman, Jacob Guttweiler and Maggie Lynaugh for the Government and a court reporter. The defendant is arraigned on the superseding indictment, waives the public reading and pleads not guilty. The trial date of March 20, 2023 is adjourned to July 10, 2023 at 9:30am. Time is exuded in the interest of justice, pursuant to Section 3161 of Title 18. The deft is cont'd remanded. (Jury Trial set for 7/10/2023 at 09:30 AM before Judge Jed S. Rakoff) Plea entered by Israel Garcia (13) Count 1s,2s,3s,4s,5s,6 Not Guilty.</b. (lnl) (Entered: 02/17/2023)
2/16/2023(S2) SUPERSEDING INDICTMENT FILED as to Israel Garcia (13) count(s) 1s, 2s, 3s, 4s, 5s, 6s. (jm) (Entered: 02/17/2023)
2/16/2023Set/Reset Deadlines/Hearings as to Israel Garcia: Arraignment set for 2/17/2023 at 02:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (lnl) (Entered: 02/16/2023)
2/16/2023MEMORANDUM TO THE DOCKET CLERK as to Israel Garcia: An arraignment will be held before Judge Rakoff in courtroom 14B in 500 Pearl Street at 2:00pm on 2/17/2023. (lnl) (Entered: 02/16/2023)
2/15/2023NOTICE of Change of Address as to Israel Garcia. New Address: Moskowitz Colson Ginsberg & Schulman, 80 Broad Street, Ste 1900, New York, New York, United States 10004, 2122576455. (Moskowitz, Avraham) (Entered: 02/15/2023)
2/3/2023NOTICE OF ATTORNEY APPEARANCE: Deborah Austern Colson appearing for Israel Garcia. Appearance Type: CJA Appointment. (Colson, Deborah) (Entered: 02/03/2023)
1/30/2023NOTICE OF ATTORNEY APPEARANCE Margaret Emma Lynaugh appearing for USA. (Lynaugh, Margaret) (Entered: 01/30/2023)
1/13/2023ENDORSED LETTER as to Israel Garcia addressed to Judge Jed S. Rakoff from Avraham C. Moskowitz, dated 1/12/2023, re: Counsel writes on behalf of defendant to request that the court authorize the appointment of Deborah Colson and Christopher Neff to assist him in representing Mr. Garcia at trial, which is currently scheduled to begin on March 20, 2023. ENDORSEMENT: Granted, althought to futher help Mr. Moskowitz, the Rodriguez case will be rescheduled. SO ORDERED. (Signed by Judge Jed S. Rakoff on 1/13/2023) (lnl) (Entered: 01/13/2023)
1/9/2023NOTICE OF HEARING as to (21-Cr-412-13) Israel Garcia. The Garcia trial will begin on 3/20/23 at 9:30am. ( Jury Trial set for 3/20/2023 at 09:30 AM before Judge Jed S. Rakoff.) (bw) (Entered: 01/09/2023)
1/6/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Hearing proceeding held on 12/20/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/06/2023)
1/6/2023TRANSCRIPT of Proceedings as to Israel Garcia re: Hearing held on 12/20/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: George Malinowski, (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 1/27/2023. Redacted Transcript Deadline set for 2/6/2023. Release of Transcript Restriction set for 4/6/2023. (McGuirk, Kelly) (Entered: 01/06/2023)
12/30/2022
  • Order
OPINION AND ORDER as to (21-Cr-412-13) Israel Garcia. Defendant Israel Garcia moves on the basis of new evidence for reconsideration of the Court's prior ruling denying his request to withdraw his guilty plea. On March 8, 2022, Mr. Garcia pled guilty to participating in a narcotics conspiracy, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. On April 7, 2022, Mr. Garcia, then proceeding pro se, moved to withdraw his guilty plea because, he said, he was coerced into making it. See ECF No. 130. Based on the evidence available at the time, the Court denied Mr. Garcia's motion. See ECF Nos. 207, 208. New evidence, however, has surfaced, which not only tends to support Mr. Garcia's contention but also throws new light on other relevant facts. Based on the evidence now available, the Court hereby grants Mr. Garcia's motion for reconsideration and permits Mr. Garcia to withdraw his guilty plea....[*** See this Opinion And Order ***]... III. Conclusion. For the foregoing reasons, the Court hereby grants Mr. Garcia's motion for reconsideration. Accordingly, Mr. Garcia is hereby permitted to withdraw his guilty plea. Counsel for Mr. Garcia and for the Government are instructed to convene a joint call to Chambers by no later than 5:00 PM on January 6, 2023, to schedule a prompt jury trial. The Clerk is respectfully directed to close entry number 233 on the docket. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/30/2022)(bw) (Entered: 01/03/2023)
12/12/2022
  • Motion for Judgment
AMENDED JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 6/24/20222. Date of Original Judgment: 6/24/2022. Defendant Malcolm Rivera (7) pleaded guilty to Count(s) 1s. Count(s) 2 & the underlying indictment are dismissed on the motion of the United States. IMPRISONMENT: Four (4) months prison. - The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 8/2/2022. SUPERVISED RELEASE: Three (3) years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision: 1. The Court recommends the defendant be supervised in his district of residence. ASSESSMENT: $100.00, due immediately. (Signed by Judge Jed S. Rakoff on 12/8/2022)(bw) (Entered: 12/12/2022)
12/9/2022MANDATE of USCA (Certified Copy) as to Jevaun Charles re: 222 Notice of Appeal. USCA Case Number 22-1770. Appellant moves to withdraw the above-captioned appeal, and Vivian Shevitz moves to be relieved as counsel for Appellant. IT IS HEREBY ORDERED that the motion is GRANTED. The appeal is deemed WITHDRAWN.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/9/2022. (nd) (Entered: 12/09/2022)
12/9/2022256SEALED DOCUMENT placed in vault. (nmo) (Entered: 12/09/2022)
11/29/2022255SEALED DOCUMENT placed in vault. (jus) (Entered: 11/29/2022)
11/29/2022254SEALED DOCUMENT placed in vault. (jus) (Entered: 11/29/2022)
11/18/2022Set/Reset Hearings as to Israel Garcia: Status Conference set for 12/20/2022 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (ap) (Entered: 11/18/2022)
11/18/2022MEMORANDUM TO THE DOCKET CLERK: as to Israel Garcia. A hearing is scheduled for December 20, 2022 at 4:00 PM in courtroom 14B of 500 Pearl Street. (ap) (Entered: 11/18/2022)
10/14/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jevaun Charles. Notice is hereby given that an official transcript of a Plea proceeding held on 3/2/2022 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: 10/14/2022)
10/14/2022TRANSCRIPT of Proceedings as to Jevaun Charles re: Plea held on 3/2/2022 before Judge Jed S. Rakoff. 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 11/4/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/12/2023. (McGuirk, Kelly) (Entered: 10/14/2022)
9/23/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alvin Fernandez. Notice is hereby given that an official transcript of a Conference proceeding held on 8/22/22 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: 09/23/2022)
9/23/2022TRANSCRIPT of Proceedings as to Alvin Fernandez re: Conference held on 8/22/22 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sara Beiter, (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 10/14/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/22/2022. (Moya, Goretti) (Entered: 09/23/2022)
9/23/2022249SEALED DOCUMENT placed in vault. (nmo) (Entered: 09/23/2022)
9/22/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Maxwell Smith. Notice is hereby given that an official transcript of a Conference proceeding held on 8/18/22 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: 09/22/2022)
9/22/2022TRANSCRIPT of Proceedings as to Maxwell Smith re: Conference held on 8/18/22 before Judge Jed S. Rakoff. Court Reporter/Transcriber: George Malinowski, (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 10/13/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/21/2022. (Moya, Goretti) (Entered: 09/22/2022)
9/21/2022Set/Reset Deadlines re Motion or Report and Recommendation in case as to Israel Garcia: Motion Hearing set for 11/18/2022 at 10:30 AM before Judge Jed S. Rakoff. (jbo) (Entered: 09/22/2022)
9/21/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Israel Garcia held on 9/21/2022. Present were AUSAs Jacob Gutwillig and Matthew Hellman, as well as Avi Moskowitz for Mr. Garcia. The hearing on Mr. Garcia's motion for reconsideration scheduled for 9/23/2022 is adjourned and reset for 10:30 AM on 11/18/2022. The Fatico hearing scheduled for 9/29/2022 and the sentencing hearing scheduled for 10/12/2022 are adjourned sine die. (jbo) (Entered: 09/22/2022)
9/20/2022ENDORSED LETTER as to Alvin Fernandez addressed to Judge Jed S. Rakoff from Jeffrey G. Pittell dated 9/19/22 re:Accordingly, please accept this letter in lieu of a formal motion requesting an Order authorizing Pretrial Services to return Mr. Fernandez's passport to him...ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/19/22)(jw) (Entered: 09/21/2022)
9/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kewaannee Williams. Notice is hereby given that an official transcript of a Sentence proceeding held on 8/9/2022 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: 09/20/2022)
9/20/2022TRANSCRIPT of Proceedings as to Kewaannee Williams re: Sentence held on 8/9/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Samuel Mauro, (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 10/11/2022. Redacted Transcript Deadline set for 10/21/2022. Release of Transcript Restriction set for 12/19/2022. (Moya, Goretti) (Entered: 09/20/2022)
9/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jason Gonzalez. Notice is hereby given that an official transcript of a Sentence proceeding held on 8/10/2022 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: 09/20/2022)
9/20/2022TRANSCRIPT of Proceedings as to Jason Gonzalez re: Sentence held on 8/10/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sharonda Jones, (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 10/11/2022. Redacted Transcript Deadline set for 10/21/2022. Release of Transcript Restriction set for 12/19/2022. (Moya, Goretti) (Entered: 09/20/2022)
9/16/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Israel Garcia held on 9/16/2022. Present were Avraham Moskowitz, Mr. Garcia's counsel; AUSAs Jacob Gutwillig and Kaylan Lasky; and Raoul Zaltzberg. An evidentiary hearing in relation to Mr. Garcia's motion for reconsideration is scheduled for 9/23/2022 at 11:00 AM in Courtroom 14B. (Evidentiary Hearing set for 9/23/2022 at 11:00 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 09/19/2022)
9/16/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Mike Silva. Notice is hereby given that an official transcript of a Sentence proceeding held on 8/5/2022 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: 09/16/2022)
9/16/2022TRANSCRIPT of Proceedings as to Mike Silva re: Sentence held on 8/5/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sharonda Jones, (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 10/7/2022. Redacted Transcript Deadline set for 10/17/2022. Release of Transcript Restriction set for 12/15/2022. (McGuirk, Kelly) (Entered: 09/16/2022)
9/15/2022 RESPONSE in Opposition by USA as to Israel Garcia re: 233 MOTION for Reconsideration .. (Attachments: # 1 Exhibit A - September 13, 2022 Affidavit, # 2 Exhibit B - July 4, 2022 Affidavit)(Gutwillig, Jacob) (Entered: 09/15/2022)
9/9/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jevaun Charles. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/27/2022 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: 09/09/2022)
9/9/2022TRANSCRIPT of Proceedings as to Jevaun Charles re: Sentence held on 7/27/2022 before Judge Jed S. Rakoff. 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 9/30/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/8/2022. (McGuirk, Kelly) (Entered: 09/09/2022)
9/9/2022MEMO ENDORSEMENT 234 MOTION to Amend/Correct Amend time for departure from halfway house to 6 AM, and for return of passport....ENDORSEMENT...SO ORDERED (Signed by Judge Jed S. Rakoff on 9/9/22) (jw) (Entered: 09/09/2022)
9/8/2022 MOTION to Amend/Correct. Amend time for departure from halfway house to 6 AM, and for return of passport Document filed by Mike Silva. (Yannella, Donald) (Entered: 09/08/2022)
9/7/2022
  • Motion for Reconsideration
MOTION for Reconsideration . Document filed by Israel Garcia. (Attachments: # 1 Affidavit defendant's affirmation, # 2 Exhibit defendant's letter to court, # 3 Affidavit Moskowitz Affirmation)(Moskowitz, Avraham) (Entered: 09/07/2022)
8/25/2022
  • Motion for Judgment
JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 8/22/2022. Defendant Alvin Fernandez (5) pleaded guilty to Count(s) 1ss. Count(s) of the the underlying indictments are dismissed on the motion of the United States. IMPRISONMENT: Time Served. SUPERVISED RELEASE: Three (3) years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision: 1. The defendant is to serve the first 15 weekends of his supervision in intermittent confinement at a Residential Reentry Center (halfway house) preferably in the Peckville, Pennsylvania area, to be determined as soon as possible by the Probation Officer. The defendant shall report by 7:00pm Fridays and will be released out for the week at 7:00am Mondays. 2. The Court recommends the defendant be supervised in his district of residence. ASSESSMENT: $100.00, due immediately. (Signed by Judge Jed S. Rakoff on 8/23/2022)(bw) (Entered: 08/25/2022)
8/22/2022DISMISSAL OF COUNTS on Government Motion as to Alvin Fernandez (5) Count 1,1s,2,2s. (bw) (Entered: 08/25/2022)
8/22/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 8/22/2022 for Alvin Fernandez (5) Count 1ss. Present were the defendant and his counsel, Jeffrey Pittell, AUSA Micha Fergenson for the Government and a court reporter. SENT: On count 1 Time served, 3 yrs SR including 15 weekends in a halfway house, $100 assess. Dismiss all open counts. (jbo) (Entered: 08/23/2022)
8/22/2022
  • Motion for Judgment
JUDGMENT In A Criminal Case as to Maxwell Smith (10). Date of Imposition of Judgment: 8/18/2022. Defendant Maxwell Smith (10) pleaded guilty to Count(s) 1s. Count(s) 2s & underlying indictment are dismissed on the motion of the United States. IMPRISONMENT: Sixty (60) months. - The court makes the following recommendations to the Bureau of Prisons: Incarceration as close as possible to the New York City metropolitan area. - The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 9/20/2022. SUPERVISED RELEASE: Four (4) years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Jed S. Rakoff on 8/19/2022)(bw) (Entered: 08/22/2022)
8/18/2022DISMISSAL OF COUNTS on Government Motion as to Maxwell Smith (10) Count 1,2,2s. (jbo) (Entered: 08/18/2022)
8/18/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 8/18/2022 for Maxwell Smith (10) Count 1s. Present were the defendant and his counsel Calvin Scholar, AUSA Mikah Fergenson for the Government and a court reporter. SENT: On count 1 : 60 months jail, vol surr 9/20/2022 before 2:00pm to the designated instit, 4 yrs SR, $100 assess. Dismiss count 2 and the underlying indictment. (jbo) (Entered: 08/18/2022)
8/17/2022
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Jason Gonzalez (6). The defendant pleaded guilty to count 1. Count 2 and the underlying indictment are dismissed on the motion of the of United States. IMPRISONMENT: Ninety Six (96) months. The court makes the following recommendations to the Bureau of Prisons: Incarceration in Allenwood, Pa. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Four (4) years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Jed S. Rakoff on 8/16/2022) (lnl) (Entered: 08/17/2022)
8/17/2022DISMISSAL OF COUNTS on Government Motion as to Jason Gonzalez (6) Count 1,2,2s. (lnl) (Entered: 08/17/2022)
8/16/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alysha Beltre. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/5/2022 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: 08/16/2022)
8/16/2022TRANSCRIPT of Proceedings as to Alysha Beltre re: Sentence held on 7/5/2022 before Judge Jed S. Rakoff. 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 9/6/2022. Redacted Transcript Deadline set for 9/16/2022. Release of Transcript Restriction set for 11/14/2022. (McGuirk, Kelly) (Entered: 08/16/2022)
8/15/2022SENTENCING SUBMISSION by Alvin Fernandez. (Pittell, Jeffrey) (Entered: 08/15/2022)
8/15/2022SENTENCING SUBMISSION by USA as to Alvin Fernandez. (Fergenson, Micah) (Entered: 08/15/2022)
8/15/2022Sentencing Letter by Maxwell Smith addressed to Judge Jed S. Rakoff from Calvin H. Scholar dated August 15, 2022 re: Additional Letters in Support of Mr. Smith. (Attachments: # 1 Exhibit C Barroso Letter, # 2 Exhibit D Letter from Employer)(Scholar, Calvin) (Entered: 08/15/2022)
8/11/2022Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Jevaun Charles re: 222 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 08/11/2022)
8/11/2022Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Jevaun Charles to US Court of Appeals re: 222 Notice of Appeal - Final Judgment. (nd) (Entered: 08/11/2022)
8/10/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 8/10/2022 for Jason Gonzalez (6) Count 1s. On August 10, 2022 Judge Rakoff held a sentencing Present were the defendant and his counsel, Thomas Ambrosio, AUSA Jacob Gutwillig for the Government and a court reporter. SENT: On count 1 : 96 months, remanded, 4 yrs SR, $100- assess. On motion of the Govt count 2 and the underlying indictment are dismissed. (lnl) (Entered: 08/17/2022)
8/10/2022FILED JUDGMENT IN A CRIMINAL CASE as to Kewaannee Williams (12), Count(s) 1, 2, 2s is Dismissed; Pleaded guilty to Count(s) 1s, Imprisonment for a total term of Ninety (90) Months. Supervised release for a term of Four Years. The court makes the following recommendations to the Bureau of Prisons: Incarceration in the metropolitan New York area. You shall not associate or interact in any way, including through social media websites, with any gang members or associates, particularly members and associates of any Young Gunnaz (YGz) gang, and particularly, Get Money Gunnaz (GMG) gang, or frequent neighborhoods (or "turf") known to be controlled by the YGz. Special Assessment of $100 which is due immediately (Signed by Judge Jed S. Rakoff on 8/10/22)(jw) (Entered: 08/11/2022)
8/10/2022NOTICE OF APPEAL by Jevaun Charles from 216 Judgment. (nd) (Entered: 08/11/2022)
8/9/2022DISMISSAL OF COUNTS on Government Motion as to Kewaannee Williams (12) Count 1,2,2s. (jbo) (Entered: 08/11/2022)
8/9/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 8/9/2022 for Kewaannee Williams (12) Count 1s. Present were the defendant and his counsel Benjamin Zeman, AUSA Sarah Kushner for the government and a court reporter. SENTENCE: On count 1: 90 months jail, remanded, 4 yrs SR, $100 assess, forfeiture of proceeds from committing the crime. On motion of the Government: count 2 of the superseding indictment and the counts of the underlying indictment are dismissed. (jbo) (Entered: 08/11/2022)
8/9/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Daniel Silva. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/5/2022 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: 08/09/2022)
8/9/2022TRANSCRIPT of Proceedings as to Daniel Silva re: Sentence held on 7/5/2022 before Judge Jed S. Rakoff. 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 8/30/2022. Redacted Transcript Deadline set for 9/9/2022. Release of Transcript Restriction set for 11/7/2022. (McGuirk, Kelly) (Entered: 08/09/2022)
8/8/2022NOTICE OF ATTORNEY APPEARANCE: Avraham Chaim Moskowitz appearing for Israel Garcia. Appearance Type: CJA Appointment. (Moskowitz, Avraham) (Entered: 08/08/2022)
8/5/2022
  • Motion for Judgment
JUDGMENT In A Criminal Case (S1 21-Cr-412-08). Date of Imposition of Judgment: 8/5/2022. Defendant Mike Silva (8) pleaded guilty to Count(s) 1s (lesser included offense). Count(s) 2 and the underlying indictment are dismissed on the motion of the United States. IMPRISONMENT: TIME SERVED. SUPERVISED RELEASE: Three (3) years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision: 1. The defendant shall report to Probation no later than August 10, 2022. 2. The defendant is to serve the first twelve weekends of his supervision in intermittent confinement at a Residential Reentry Center or halfway house (preferably in the New York City metropolitan area). The defendant shall report to said halfway house no later than 7:00pm on the relevant Thursdays evenings and be released no earlier than 7:00am on the relevant Sundays, to commence as soon as possible. 3. The Court recommends the defendant be supervised in his district of residence. ASSESSMENT: $100.00, due immediately. (Signed by Judge Jed S. Rakoff on 8/5/2022)(bw) (Entered: 08/05/2022)
8/5/2022DISMISSAL OF COUNTS on Government Motion as to Mike Silva (8) Count 1,2,2s. (jbo) (Entered: 08/05/2022)
8/5/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 8/5/2022 for Mike Silva (8) Count 1s. Present were the defendant and his counsel Donald Yanella, AUSA Jacob Gutwillig for the government and a court reporter. SENTENCE: On count 1: Time served, 3 yrs SR, the first 12 weekends of which will be served in a halfway house from 7:00pm Thursday nights to 7:00am Sunday mornings, $100 asses. Count S2 and the underlying indictment are dismissed. (jbo) (Entered: 08/05/2022)
8/5/2022NOTICE OF HEARING as to Mike Silva: The sentencing in the above-captioned case, originally set for 2pm on August 5, 2022, is reset to 1pm on August 5, 2022. ***Sentencing set for 8/5/2022 at 01:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 08/05/2022)
8/5/2022
  • Motion for Judgment
JUDGMENT In A Criminal Case (S 21-Cr-412-01). Date of Imposition of Judgment: 7/27/2022. Defendant Jevaun Charles (1) pleaded guilty to Count(s) 1s. Count(s) 2 & the underlying indictment are dismissed on the motion of the United States. IMPRISONMENT: One Hundred Forty Four (144) months. - The court makes the following recommendations to the Bureau of Prisons: Incarceration in metropolitan New York. - The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Five (5) years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Jed S. Rakoff on 7/29/2022)(bw) (Entered: 08/05/2022)
8/4/2022ENDORSED LETTER as to (21-Cr-412-12) Kewaannee Williams addressed to Judge Jed S. Rakoff from Attorney Benjamin Zeman dated August 4, 2022 re: I, therefore, request that the conditions of Kewaanne Williams' Pretrial supervision be modified to allow him to leave his home from 2:00 pm until 10:00 pm, August 6th, 2022 and from 2:00 pm until 10:00 pm on August 8th, 2022. ENDORSEMENT: DENIED, in light of prior non-compliance. (Signed by Judge Jed S. Rakoff on 8/4/2022)(bw) (Entered: 08/04/2022)
8/2/2022Sentencing Letter by Jevaun Charles addressed to Judge Jed S. Rakoff from Donna R. Newman dated August 2, 2022 re: Recommendation to BOP. (Newman, Donna) (Entered: 08/02/2022)
7/27/2022DISMISSAL OF COUNTS on Government Motion as to Jevaun Charles (1) Count 1,2,2s. (jbo) (Entered: 07/29/2022)
7/27/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 7/27/2022 for Jevaun Charles (1) Count 1s. Present were the defendant and his counsel, Donna Newman, AUSA Micah Fergenson for the government and a court reporter. SENTENCE: On count 1: 144 months prison, remanded, 5 years SR, $100 assess. Dismiss count S2 & underlying. (jbo) (Entered: 07/29/2022)
7/25/2022Sentencing Letter by Jevaun Charles addressed to Judge Jed S. Rakoff from Donna R. Newman dated July 25, 2022 re: supplemental sentencing letter. (Newman, Donna) (Entered: 07/25/2022)
7/22/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Malcolm Rivera. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/24/2022 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: 07/22/2022)
7/22/2022TRANSCRIPT of Proceedings as to Malcolm Rivera re: Sentence held on 6/24/2022 before Judge Jed S. Rakoff. 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 8/12/2022. Redacted Transcript Deadline set for 8/22/2022. Release of Transcript Restriction set for 10/20/2022. (McGuirk, Kelly) (Entered: 07/22/2022)
7/22/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Deuri Carambot. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/24/2022 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: 07/22/2022)
7/22/2022TRANSCRIPT of Proceedings as to Deuri Carambot re: Sentence held on 6/24/2022 before Judge Jed S. Rakoff. 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 8/12/2022. Redacted Transcript Deadline set for 8/22/2022. Release of Transcript Restriction set for 10/20/2022. (McGuirk, Kelly) (Entered: 07/22/2022)
7/22/2022
  • Motion to WithdrawDenied
MEMORANDUM ORDER as to Israel Garcia. Garcia's motion to withdraw his plea is denied. He will be sentenced on October 12, 2022, at 11:00 am. (Signed by Judge Jed S. Rakoff on 7/21/2022) (See ORDER set forth) (ap) (Entered: 07/22/2022)
7/21/2022Set/Reset Hearings as to Israel Garcia: Sentencing set for 10/12/2022 at 11:00 AM before Judge Jed S. Rakoff. (ap) (Entered: 07/22/2022)
7/20/2022NOTICE OF HEARING as to Jevaun Charles: The sentencing for Defendant Charles is adjourned to July 27, 2022 at 2pm. **Sentencing set for 7/27/2022 at 02:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 07/20/2022)
7/19/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Israel Garcia held on 7/19/2022. AUSAs Jacob Harris Gutwillig & Micah Fergenson for the Government and Avraham Moskowitz for defendant Israel Garcia were present. The Sentencing currently set for August 8 is adjourned to October 12, 2022 at 11am. A Fatico hearing will be held in Courtroom 14B on September 29, 2022 at 10am. (Fatico Hearing set for 9/29/2022 at 10:00 AM, Sentencing set for 10/12/2022 at 11:00 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 07/20/2022)
7/18/2022
  • Order
ORDER as to Israel Garcia: On April 7, 2022, defendant Israel Garcia submitted a pro se motion to withdraw his guilty plea and proceed to trial. ECF No. 130. Following appointment of new counsel, Mr. Garcia confirmed his intention to move to withdraw his plea and submitted a sworn declaration in support of the motion to withdraw. The Court then instructed Mr. Garcia's former counsel to file a responsive affidavit and held a hearing on the motion on July 5, 2022, at which time it heard argument from the Government and defense counsel. Upon due consideration of the affidavits submitted to the Court as well as the arguments made by defense counsel and the Government, the Court DENIES Mr. Garcia's motion to withdraw his plea. An opinion setting forth the reasons for this decision will be issued in short order. The Court will proceed to sentencing Mr. Garcia on August 8, 2022, at 2pm. Probation is instructed to submit the Final Presentence Investigation Report by July 29, 2022. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/18/2022) (lnl) (Entered: 07/18/2022)
7/18/2022Sentencing Letter by Jason Gonzalez addressed to Judge Rakoff from Thomas Ambrosio dated 7/18/2022 re: Letters of Support. (Attachments: # 1 Exhibit Support Letters)(Ambrosio, Thomas) (Entered: 07/18/2022)
7/14/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: (Plea Withdrawal) Motion Hearing as to Israel Garcia held on 7/14/2022. Present were the defendant and his counsel Avi Moskowitz, AUSA Jacob Gutwllig and AUSA Micah Fergenson for the government and a court reporter. The Judge takes the defendant's Motion to withdraw his guilty plea under advisement. (jbo) (Entered: 07/15/2022)
7/14/2022NOTICE OF HEARING as to Mike Silva: The sentencing, currently set for July 18 at 4pm, is adjourned to August 5, 2022 at 2pm in Courtroom 14B. **Sentencing set for 8/5/2022 at 02:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 07/14/2022)
7/14/2022SENTENCING SUBMISSION by Jevaun Charles. (Attachments: # 1 Exhibit A-Jevaun Charles Letter, # 2 Exhibit B-Letters from Family & Friends, # 3 Exhibit C-Letter from Girlfriend)(Newman, Donna) (Entered: 07/14/2022)
7/13/2022SENTENCING SUBMISSION by USA as to Jevaun Charles. (Gutwillig, Jacob) (Entered: 07/13/2022)
7/13/2022NOTICE OF HEARING as to Jason Gonzalez: The sentencing currently set for July 15, 2022, is adjourned to August 10, 2022 at 2:00 p.m. in Courtroom 14B. **Sentencing set for 8/10/2022 at 02:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 07/13/2022)
7/13/2022Sentencing Letter by Maxwell Smith addressed to Judge Jed S. Rakoff from Calvin H. Scholar dated July 13, 2022 re: Additional Letter of Support for Sentecing. (Attachments: # 1 Exhibit B - Additional Letter of Support)(Scholar, Calvin) (Entered: 07/13/2022)
7/13/2022NOTICE OF HEARING as to Kewaannee Williams: The sentencing is adjourned to August 9, 2022 at 11am in Courtroom 14B. **Sentencing set for 8/9/2022 at 11:00 AM before Judge Jed S. Rakoff. (jbo) (Entered: 07/13/2022)
7/11/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Shakur Culbert. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/28/22 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 Shakur Culbert re: Sentence held on 6/28/22 before Judge Jed S. Rakoff. 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 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)
7/11/2022FILED JUDGMENT IN A CRIMINAL CASE as to Shakur Culbert (4), Count(s) 1, 2, 2s, Dismissed; Pleaded guilty to Count(s) 1s, Imprisonment for a total term of Eight Months. Supervised release for a term of Three Years. The court makes the following recommendations to the Bureau of Prisons: Incarceration in the Camp at FCI Fairton, New Jersey. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2pm on 8/16/22. Special Assessment $100 which is due immediately (Signed by Judge Jed S. Rakoff on 7/1/22)(jw) (Entered: 07/11/2022)
7/10/2022NOTICE OF HEARING as to Maxwell Smith: The sentencing currently set for July 14, 2022, is adjourned to August 18, 2022 at 11am in Courtroom 14B. **Sentencing set for 8/18/2022 at 11:00 AM before Judge Jed S. Rakoff. (jbo) (Entered: 07/13/2022)
7/8/2022
  • Order
ORDER as to Kewaannee Williams. On July 8, 2022, counsel to defendant Kewaanne Williams filed a letter on Mr. Williamss behalf requesting a modification of his bail conditions to allow him to attend a family and community event on Saturday, July 9, 2022, at Morton Park in the Bronx, New York. The Government and pretrial services oppose this request. According to the Government, on June 25, 2022, Mr. Williams was observed via GPS monitoring for several hours at a location in the Bronx, New York, outside of his home, in violation of the Courts limited modification of his bail conditions allowing him to attend a family event that day at Marcus Garvey Park in Harlem, New York. In light of Mr. Williams failure to adhere to the restrictions of the Court's prior modification of his bail conditions, the present request to modify the terms of his bail yet again is DENIED (Signed by Judge Jed S. Rakoff on 7/8/22)(jw) (Entered: 07/11/2022)
7/8/2022
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Alysha Beltre (2). The Defendant pleaded guilty to count 1. Count 2 & the underlying indictment are dismissed on the motion of the United States. IMPRISONMENT: Two (2) months. The court makes the following recommendations to the Bureau of Prisons: Incarceration in the MDC, Brooklyn, N.Y. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 8/2/2022. SUPERVISED RELEASE: Three (3) years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Jed S. Rakoff on 7/5/2022)(lnl) (Entered: 07/08/2022)
7/8/2022
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Daniel Silva (9). The Defendant pleaded guilty to count 1. Counts 2 & the underlying indictments are dismissed on the motion of the United States. IMPRISONMENT: Twenty Four (24) months jail. The court makes the following recommendations to the Bureau of Prisons:Incarceration in the northeast area. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 8/16/2022. SUPERVISED RELEASE: Three (3) years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Jed S. Rakoff on 7/5/2022)(lnl) (Entered: 07/08/2022)
7/8/2022MEMORANDUM TO THE DOCKET CLERK as to Jason Gonzalez: The sentencing in the above-captioned case, currently set for July 13, 2022, is adjourned to July 15, 2022 at 2:00 p.m. in Courtroom 14B. (lnl) (Entered: 07/08/2022)
7/8/2022MEMORANDUM TO THE DOCKET CLERK as to Mike Silva: The sentencing, currently set for July 12, is adjourned to July 18, 2022 at 4pm in Courtroom 14B. (lnl) (Entered: 07/08/2022)
7/7/2022SENTENCING SUBMISSION by USA as to Maxwell Smith. (Gutwillig, Jacob) (Entered: 07/07/2022)
7/7/2022SENTENCING SUBMISSION by Maxwell Smith. (Attachments: # 1 Exhibit A Monette Stallworth Letter)(Scholar, Calvin) (Entered: 07/07/2022)
7/7/2022SENTENCING SUBMISSION by USA as to Jason Gonzalez. (Fergenson, Micah) (Entered: 07/07/2022)
7/6/2022SENTENCING SUBMISSION by Jason Gonzalez. (Attachments: # 1 Exhibit MDC Certificates, # 2 Exhibit Letter from Defendant)(Ambrosio, Thomas) (Entered: 07/06/2022)
7/6/2022SENTENCING SUBMISSION by USA as to Kewaannee Williams. (Gutwillig, Jacob) (Entered: 07/06/2022)
7/5/2022DISMISSAL OF COUNTS on Government Motion as to Daniel Silva (9) Count 1,2,2s. (lnl) (Entered: 07/08/2022)
7/5/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 7/5/2022 for Daniel Silva (9) Count 1s. On July 5, 2022 Judge Rakoff held a sentencing. Present were the defendant and his counsel, James Roth, AUSA Jacob Gutwillig for the Government, and a court reporter. SENT: On count 1: 24 months jail, vol surr 8/16/22 before 2:00pm to institution. 3 yrs SR; $100 assess. Dismiss open counts and underlying indictment. (lnl) (Entered: 07/08/2022)
7/5/2022DISMISSAL OF COUNTS on Government Motion as to Alysha Beltre (2) Count 1,2,2s. (jbo) (Entered: 07/06/2022)
7/5/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 7/5/2022 for Alysha Beltre (2) Count 1s. Present were the defendant and her counsel David Touger, AUSA Jacob Gutwillig for the government and a court reporter. SENTENCE: On count 1: 2 months jail, vol surr to the institution on 8-2-2022 at 2:00pm, $100 assess, 3 yrs SR. Dismiss count 2 & the underlying indictment. (jbo) (Entered: 07/06/2022)
7/5/2022ENDORSED LETTER as to Alvin Fernandez addressed to Judge Jed S. Rakoff, from Jeffrey G. Pittell dated 7/1/2022 re: Defense counsel writes regarding curfew for Defendant. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/5/2022) (ap) (Entered: 07/05/2022)
7/5/2022SENTENCING SUBMISSION by Kewaannee Williams. (Attachments: # 1 Exhibit Letter from a family friend, # 2 Exhibit Letter from a family friend, # 3 Exhibit Letter from Defendant, # 4 Exhibit Letter from a family friend, # 5 Exhibit Letter from a family friend, # 6 Exhibit Letter from Defendant's youngest sister, # 7 Exhibit Letter from a family friend)(Zeman, Benjamin) (Entered: 07/05/2022)
7/5/2022NOTICE OF HEARING as to Israel Garcia: The hearing set for today, 7/5/22, in the the above-captioned case, is adjourned to Thursday, July 14, 2022 at 4:30 pm in Courtroom 14B of 500 Pearl Street. **Motion Hearing set for 7/14/2022 at 04:30 PM before Judge Jed S. Rakoff. (jbo) (Entered: 07/05/2022)
7/1/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Alvin Fernandez held on 7/1/2022. AUSA Jacob Harris Gutwillig for the Government and Jeffrey G. Pittell for defendant Alvin Fernandez were present. The sentencing set for 7/19/22 is adjourned to August 22, 2022 at 4pm in Courtroom 14B. (Sentencing set for 8/22/2022 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 07/01/2022)
6/30/2022
  • Order
ORDER re: Attorney-Client Privilege Waiver as to (S1 21-Cr-412) Israel Garcia. WHEREAS Defendant Israel Garcia has moved to withdraw his guilty plea based, at least in part, on the ground of ineffective assistance of counsel; and WHEREAS the Government, after reviewing the motion papers, has concluded that the testimony of Petitioner's former trial counsel, Raoul Zaltsberg ("Counsel"), will be needed in order to allow the Government to respond to the motion; and WHEREAS the Court, after reviewing the motion papers, is satisfied that the testimony of Counsel is needed in order to allow the Government to respond to the motion; and WHEREAS by making the motion, the movant has waived the attorney-client privilege as a matter of law; and WHEREAS the Court is cognizant that, absent court order or informed consent, ethical concerns may inhibit Counsel from disclosing confidential information relating to a prior client even in the absence of a privilege, see, e.g., ABA Standing Comm. on Ethics and Prof. Responsibility Formal Op. 10-456 (July 14, 2010), Disclosure of Information to Prosecutor When Lawyer's Former Client Brings Ineffective Assistance of Counsel Claim, IT IS HEREBY ORDERED that Counsel shall give sworn testimony, in the form of an affidavit filed by July 4, 2022, addressing the allegations of ineffective assistance of counsel made by movant and may discuss the same with the Government. (Signed by Judge Jed S. Rakoff on 6/30/2022)(bw) (Entered: 06/30/2022)
6/30/2022
  • Motionby Δ
FIRST MOTION Recommendation to BOP . Document filed by Shakur Culbert. (Pileggi, Patricia) (Entered: 06/30/2022)
6/30/2022
  • Motion
MOTION Privilege Waiver to Resolve Motion to Withdraw Guilty Plea . Document filed by USA as to Israel Garcia. (Attachments: # 1 Text of Proposed Order Proposed Order re Privilege Waiver)(Gutwillig, Jacob) (Entered: 06/30/2022)
6/29/2022SENTENCING SUBMISSION by USA as to Daniel Silva. (Gutwillig, Jacob) (Entered: 06/29/2022)
6/29/2022SENTENCING SUBMISSION by Alysha Beltre. (Attachments: # 1 Exhibit Letter in Support)(Touger, David) (Entered: 06/29/2022)
6/29/2022
  • Motion for Judgment
JUDGMENT In A Criminal Case (S1 21-Cr-412-003). Date of Imposition of Judgment: 6/24/2022. Defendant Deuri Carambot (3) pleaded guilty to Count(s) 1s. Count(s) 2s & the underlying indictment are dismissed on the motion of the United States. IMPRISONMENT: Eighty Four (84) months. - The court makes the following recommendations to the Bureau of Prisons: Incarceration in Allenwood, PA. or Ray Brook, NY. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Four (4) years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Jed S. Rakoff on 6/27/2022)(bw) (Entered: 06/29/2022)
6/29/2022
  • Motion for Judgment
JUDGMENT In A Criminal Case (S 21-Cr-412-007). Date of Imposition of Judgment: 6/24/2022. Defendant Malcolm Rivera (7) pleaded guilty to Count(s) 1s. Count(s) 2s & the underlying indictment are dismissed on the motion of the United States. IMPRISONMENT: Four (4) months. - The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 8/2/2022. SUPERVISED RELEASE: Four (4) months. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Jed S. Rakoff on 6/27/2022)(bw) (Entered: 06/29/2022)
6/29/2022SENTENCING SUBMISSION by USA as to Alysha Beltre. (Fergenson, Micah) (Entered: 06/29/2022)
6/28/2022DISMISSAL OF COUNTS on Government Motion as to Shakur Culbert (4) Count 1,2,2s. (jbo) (Entered: 07/01/2022)
6/28/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 6/28/2022 for Shakur Culbert (4) Count 1s. Present were the defendant and his counsel Patricia Pileggi & Jin Lee, AUSA Micah Ferguson for the government and a court reporter. SENTENCE: On count 1: 8 months jail, Vol. Surr 8/16/22 before 2pm to the institution. 3 years SR, $100 assess. Count 2 and the underlying indictment are dismissed. (jbo) (Entered: 07/01/2022)
6/28/2022SENTENCING SUBMISSION by Alysha Beltre. (Attachments: # 1 Exhibit letter from defendant's mom)(Touger, David) (Entered: 06/28/2022)
6/28/2022SENTENCING SUBMISSION by Daniel Silva. (Roth, James) (Entered: 06/28/2022)
6/27/2022NOTICE OF HEARING as to Mike Silva: The sentencing for defendant Mike Silva, set for June 24, 2022, is adjourned to July 12, 2022 at 2pm in Courtroom 14B. (Sentencing set for 7/12/2022 at 02:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 06/27/2022)
6/26/2022SENTENCING SUBMISSION by Shakur Culbert. (Attachments: # 1 Exhibit Photograph, # 2 Exhibit Photograph)(Pileggi, Patricia) (Entered: 06/26/2022)
6/24/2022DISMISSAL OF COUNTS on Government Motion as to Deuri Carambot (3) Count 1,2,2s. (jbo) (Entered: 06/29/2022)
6/24/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 6/24/2022 for Deuri Carambot (3) Count 1s. Present were the defendant and his counsel Margaret Shalley, AUSA Jacob Gutwillig for the government and a court reporter. SENT: 84 months jail, remanded, 4 yrs SR, $100 assess, Dis count 2 & underlying indictments. (jbo) (Entered: 06/29/2022)
6/24/2022DISMISSAL OF COUNTS on Government Motion as to Malcolm Rivera (7) Count 1,2,2s. (jbo) (Entered: 06/28/2022)
6/24/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 6/24/2022 for Malcolm Rivera (7) Count 1s. Present were the defendant and his counsel, Stephanie Carvlin and Chris La Tronica, AUSA Jacob Gutwillig for the Government and a court reporter. SENTENCE: On count 1- 4 months prison, vol surr to the institution 8/2/202 before 2:00pm, 3 yrs SR, $100 assess. Dismiss count 2 and the underlying indictments. (jbo) (Entered: 06/28/2022)
6/23/2022SENTENCING SUBMISSION by USA as to Shakur Culbert. (Fergenson, Micah) (Entered: 06/23/2022)
6/23/2022SENTENCING SUBMISSION by Alysha Beltre. (Attachments: # 1 Exhibit letter from defendant, # 2 Exhibit letters from friends, # 3 Exhibit Letter from a friend)(Touger, David) (Entered: 06/23/2022)
6/23/2022ENDORSED LETTER as to (21-Cr-412-12) Kewaannee Williams addressed to Judge Jed S. Rakoff from Attorney Benjamin Zeman dated June 22, 2022 re: I, therefore, request that the conditions of Kewaanne Williams' Pretrial supervision be modified to allow him to leave his home from 2:30 pm until 10:30 pm, June 25, 2022. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 6/23/2022)(bw) (Entered: 06/23/2022)
6/22/2022
  • Motion to Withdraw
MOTION to Withdraw Plea of Guilty . Document filed by Israel Garcia. (Moskowitz, Avraham) (Entered: 06/22/2022)
6/22/2022SENTENCING SUBMISSION by USA as to Mike Silva. (Gutwillig, Jacob) (Entered: 06/22/2022)
6/22/2022SENTENCING SUBMISSION by USA as to Malcolm Rivera. (Gutwillig, Jacob) (Entered: 06/22/2022)
6/22/2022SENTENCING SUBMISSION by USA as to Deuri Carambot. (Gutwillig, Jacob) (Entered: 06/22/2022)
6/21/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Jevaun Charles held on 6/21/2022. AUSA Jacob Gutwillig for the Government and Donna Newman for defendant Charles were present. Defendant's application for an adjournment of the sentencing, set for July 5, is granted. The sentencing for Charles is adjourned to July 20, 2022 at 2pm in Courtroom 14B. (Sentencing set for 7/20/2022 at 02:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 06/24/2022)
6/21/2022SENTENCING SUBMISSION by Shakur Culbert. (Attachments: # 1 Exhibit A: Shakur Culbert, # 2 Exhibit B: Valerie Brito, # 3 Exhibit C: Anna Culbert, # 4 Exhibit D: Stephanie Suazo, # 5 Exhibit E: Diamond Evangelista, # 6 Exhibit F: Senne Coward, # 7 Exhibit G: Yvonne Castello, # 8 Exhibit H: Michael Johnson, # 9 Exhibit I: Nicholas Campbell, # 10 Exhibit J: Jorge Evangelista, # 11 Exhibit K: Bronx District Attorney Press Release, # 12 Exhibit L: NBC News, New York, February 16, 2017)(Pileggi, Patricia) (Entered: 06/21/2022)
6/17/2022SENTENCING SUBMISSION by Mike Silva. (Attachments: # 1 Exhibit Letters & personal documents)(Yannella, Donald) (Entered: 06/17/2022)
6/17/2022SENTENCING SUBMISSION by Malcolm Rivera. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Carvlin, Stephanie) (Entered: 06/17/2022)
6/14/2022ENDORSED LETTER as to Kewaannee Williams addressed to Judge Jed S. Rakoff from Benjamin Zeman dated 6/13/22 re: request that the conditions of Kewaanne Williams' Pretrial supervision be modified to allow him to leave his home from 1:00 pm until 10:00 pm, June 18, 2022. Thank you for your consideration of this request....ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 6/14/22)(jw) (Entered: 06/14/2022)
6/8/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Deuri Carambot. Notice is hereby given that an official transcript of a Plea proceeding held on 3/1/2022 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: 06/08/2022)
6/8/2022TRANSCRIPT of Proceedings as to Deuri Carambot re: Plea held on 3/1/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/29/2022. Redacted Transcript Deadline set for 7/11/2022. Release of Transcript Restriction set for 9/6/2022. (Moya, Goretti) (Entered: 06/08/2022)
6/8/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Daniel Silva. Notice is hereby given that an official transcript of a Plea proceeding held on 2/18/2022 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: 06/08/2022)
6/8/2022TRANSCRIPT of Proceedings as to Daniel Silva re: Plea held on 2/18/2022 before Judge Jed S. Rakoff. 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 6/29/2022. Redacted Transcript Deadline set for 7/11/2022. Release of Transcript Restriction set for 9/6/2022. (Moya, Goretti) (Entered: 06/08/2022)
6/8/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Mike Silva. Notice is hereby given that an official transcript of a Plea proceeding held on 2/18/2022 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: 06/08/2022)
6/8/2022TRANSCRIPT of Proceedings as to Mike Silva re: Plea held on 2/18/2022 before Judge Jed S. Rakoff. 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 6/29/2022. Redacted Transcript Deadline set for 7/11/2022. Release of Transcript Restriction set for 9/6/2022. (Moya, Goretti) (Entered: 06/08/2022)
6/7/2022Set/Reset Hearings as to Deuri Carambot (3): Sentencing set for 6/24/2022 at 11:30 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (bw) (Entered: 06/07/2022)
6/7/2022MEMORANDUM TO THE DOCKET CLERK: as to Deuri Carambot (3). The sentencing, currently set for 6/7/22 is adjourned to 6/24 at 11:30am. The sentencing will be held in Courtroom 14B. (bw) (Entered: 06/07/2022)
5/31/2022SENTENCING SUBMISSION by Deuri Carambot. (Attachments: # 1 Exhibit A-C)(Shalley, Margaret) (Entered: 05/31/2022)
5/31/2022NOTICE OF HEARING as to Jason Gonzalez: The sentencing, currently set for June 7, is adjourned to July 13, 2022 at 11am in Courtroom 14B. (Sentencing set for 7/13/2022 at 11:00 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 05/31/2022)
5/31/2022Set/Reset Hearings as to Mike Silva: Sentencing set for 6/24/2022 at 10:30 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (ap) (Entered: 05/31/2022)
5/31/2022MEMORANDUM TO THE DOCKET CLERK: as to Mike Silva. The sentencing, currently set for 6/21, is adjourned to 6/24 at 10:30 am in Courtroom 14B. (ap) (Entered: 05/31/2022)
5/27/2022NOTICE OF HEARING as to Malcolm Rivera: The sentencing in the above-captioned case, currently set for 6/21/22 is adjourned to 6/24 at 2pm. The sentencing will be held in Courtroom 14B. (Sentencing set for 6/24/2022 at 02:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 05/27/2022)
5/26/2022Set/Reset Deadlines re: Motion Hearing set for 7/5/2022 at 02:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 05/26/2022)
5/26/2022MEMORANDUM TO THE DOCKET CLERK as to Israel Garcia: The defendant is instructed to submit a sworn declaration in support of the motion to withdraw the plea by no later than June 27, 2022. A hearing on the motion is set for July 5, 2022 at 2pm in Courtroom 14B. The sentencing currently set for June 29 is adjourned sine die. (jbo) (Entered: 05/26/2022)
5/24/2022NOTICE OF HEARING as to Daniel Silva: This sentencing is adjourned to July 5, 2022 at 2:30 pm in courtroom 14B. (Sentencing set for 7/5/2022 at 02:30 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 05/24/2022)
5/18/2022NOTICE OF HEARING as to Shakur Culbert: The sentencing, currently set for June 28 at 4pm, must be re-set for the same date at 12:30pm. in courtroom 14B of 500 Pearl Street. (Sentencing set for 6/28/2022 at 12:30 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 05/18/2022)
5/18/2022NOTICE OF HEARING as to Jevaun Charles: The sentencing currently set for June 28 at 2pm, must be re-set for July 5 at 3:30pm in courtroom 14B of 500 Pearl Street. (Sentencing set for 7/5/2022 at 03:30 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 05/18/2022)
5/17/2022NOTICE OF HEARING as to Jason Gonzalez: The sentencing, currently set for June 1, must be re-set for June 7, 2022 at 11am in courtroom 14B. (Sentencing set for 6/7/2022 at 11:00 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 05/18/2022)
5/12/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Conference proceeding held on 5/2/22 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: 05/12/2022)
5/12/2022TRANSCRIPT of Proceedings as to Israel Garcia re: Conference held on 5/2/22 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/10/2022. (Moya, Goretti) (Entered: 05/12/2022)
5/4/2022ENDORSED LETTER as to Kewaannee Williams addressed to Judge Jed S. Rakoff from Benjamin Zeman, dated 5/3/2022 re: Request to travel. ENDORSEMENT: Signed. (Signed by Judge Jed S. Rakoff on 5/3/2022) (lnl) (Entered: 05/04/2022)
5/2/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Attorney Appointment Hearing as to Israel Garcia held on 5/2/2022, On May 2, 2022 Judge Rakoff held a hearing. Present were the defendant and his counsel Raoul Zaltzberg, CJA Counsel on duty, Avraham Moskowitz, AUSAs Jacob Gutwillig, Kaylan Lasky and Micah Ferguson for the government. court reporter Michael McDaniel. The defendants application for new counsel is granted. Raoul Zaltzberg is relieved and Avraham Moskowitz is appointed. The Court directs new defense counsel to submit a formal withdrawal of his plea or inform the Court that said withdrawal will not be coming by May 20, 2022. (lnl) (Entered: 05/03/2022)
5/2/2022
  • Order
ORDER as to Israel Garcia: The C.J.A. attorney assigned tothis case Raoul Zaltzberg is hereby ordered substituted and the representation of the defendant in the above captioned matter is assigned to Avraham C. Moskowitz. SO ORDERED. (Added attorney Avraham Chaim Moskowitz for Israel Garcia. Attorney Raoul Zaltzberg terminated in case as to Israel Garcia.) (Signed by Judge Jed S. Rakoff on 5/2/2022) (lnl) (Entered: 05/02/2022)
4/26/2022
  • Response
RESPONSE by USA as to Israel Garcia Letter. (Attachments: # 1 Exhibit A (Mar. 4, 2022 Tr.), # 2 Exhibit B (Mar. 7, 2022 Tr.), # 3 Exhibit C (Mar. 8, 2022 Tr.), # 4 Exhibit D (Signed Plea Agreement))(Fergenson, Micah) (Entered: 04/26/2022)
4/19/2022
  • Order
ORDER as to Israel Garcia: The Court has received the attached letter from Mr. Garcia. The Government and Mr. Zaltzberg should file any responses they wish to file in writing by no later than April 26, 2022. The Court will conduct an in-court hearing on the matters raised in Mr. Garcia's letter on May 2, 2022 at 2pm. (Responses due by 4/26/2022. Status Conference set for 5/2/2022 at 02:00 PM before Judge Jed S. Rakoff) (Signed by Judge Jed S. Rakoff on 4/19/2022) (ap) (Entered: 04/19/2022)
4/8/2022ENDORSED LETTER as to Alysha Beltre addressed to Judge Jed S. Rakoff, from David Touger dated 4/7/2022 re: Defense counsel writes to request travel permission. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/8/2022) (ap) (Entered: 04/08/2022)
4/1/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Jevaun Charles held on 4/1/2022. AUSA Micah Fergenson for the Government and Donna Newman for defendant Jevaun Charles were present. The sentencing in the above-captioned case currently scheduled for June 2, 2022 is adjourned to June 28, 2022 at 2pm in Courtroom 14B. (Sentencing set for 6/28/2022 at 02:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 04/01/2022)
3/25/2022***DELETED DOCUMENT. Deleted document number 124 NOTICE OF FILING OF TRANSCRIPT, as to Jevaun Charles, Alysha Beltre, Deuri Carambot, Shakur Culbert, Alvin Fernandez, Jason Gonzalez, Malcolm Rivera, Mike Silva, Daniel Silva, Maxwell Smith, Marlon Watson, Kewaannee Williams, Israel Garcia. The document was incorrectly filed in this case. (ap) (Entered: 03/28/2022)
3/25/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Shakur Culbert. Notice is hereby given that an official transcript of a Conference proceeding held on 2/28/22 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: 03/25/2022)
3/25/2022TRANSCRIPT of Proceedings as to Shakur Culbert re: Conference held on 2/28/22 before Judge Jed S. Rakoff. 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 4/15/2022. Redacted Transcript Deadline set for 4/25/2022. Release of Transcript Restriction set for 6/23/2022. (Moya, Goretti) (Entered: 03/25/2022)
3/25/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kewaannee Williams. Notice is hereby given that an official transcript of a Conference proceeding held on 2/28/22 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: 03/25/2022)
3/25/2022TRANSCRIPT of Proceedings as to Kewaannee Williams re: Conference held on 2/28/22 before Judge Jed S. Rakoff. 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 4/15/2022. Redacted Transcript Deadline set for 4/25/2022. Release of Transcript Restriction set for 6/23/2022. (Moya, Goretti) (Entered: 03/25/2022)
3/25/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jason Gonzalez. Notice is hereby given that an official transcript of a Conference proceeding held on 2/28/22 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: 03/25/2022)
3/25/2022TRANSCRIPT of Proceedings as to Jason Gonzalez re: Conference held on 2/28/22 before Judge Jed S. Rakoff. 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 4/15/2022. Redacted Transcript Deadline set for 4/25/2022. Release of Transcript Restriction set for 6/23/2022. (Moya, Goretti) (Entered: 03/25/2022)
3/23/2022NOTICE of Change of Address as to Shakur Culbert. New Address: ArentFox Schiff LLP, 1301 Avenue of the Americas, 42nd Floor, New York, NY, United States 10019, 2127535000. (Pileggi, Patricia) (Entered: 03/23/2022)
3/14/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Daniel Silva. Notice is hereby given that an official transcript of a Conference proceeding held on 2/18/22 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: 03/14/2022)
3/14/2022TRANSCRIPT of Proceedings as to Daniel Silva re: Conference held on 2/18/22 before Judge Jed S. Rakoff. 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 4/4/2022. Redacted Transcript Deadline set for 4/14/2022. Release of Transcript Restriction set for 6/13/2022. (Moya, Goretti) (Entered: 03/14/2022)
3/14/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Malcolm Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 2/18/22 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: 03/14/2022)
3/14/2022TRANSCRIPT of Proceedings as to Malcolm Rivera re: Conference held on 2/18/22 before Judge Jed S. Rakoff. 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 4/4/2022. Redacted Transcript Deadline set for 4/14/2022. Release of Transcript Restriction set for 6/13/2022. (Moya, Goretti) (Entered: 03/14/2022)
3/11/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alysha Beltre. Notice is hereby given that an official transcript of a Conference proceeding held on 3/1/22 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: 03/11/2022)
3/11/2022TRANSCRIPT of Proceedings as to Alysha Beltre re: Conference held on 3/1/22 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/1/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/9/2022. (Moya, Goretti) (Entered: 03/11/2022)
3/11/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Conference proceeding held on 3/8/22 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: 03/11/2022)
3/11/2022TRANSCRIPT of Proceedings as to Israel Garcia re: Conference held on 3/8/22 before Judge Jed S. Rakoff. Court Reporter/Transcriber: George Malinowski, (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 4/1/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/9/2022. (Moya, Goretti) (Entered: 03/11/2022)
3/11/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Conference proceeding held on 3/7/22 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: 03/11/2022)
3/11/2022TRANSCRIPT of Proceedings as to Israel Garcia re: Conference held on 3/7/22 before Judge Jed S. Rakoff. 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 4/1/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/9/2022. (Moya, Goretti) (Entered: 03/11/2022)
3/11/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Maxwell Smith. Notice is hereby given that an official transcript of a Conference proceeding held on 3/4/22 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: 03/11/2022)
3/11/2022TRANSCRIPT of Proceedings as to Maxwell Smith re: Conference held on 3/4/22 before Judge Jed S. Rakoff. Court Reporter/Transcriber: George Malinowski, (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 4/1/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/9/2022. (Moya, Goretti) (Entered: 03/11/2022)
3/11/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Conference proceeding held on 3/4/22 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: 03/11/2022)
3/11/2022TRANSCRIPT of Proceedings as to Israel Garcia re: Conference held on 3/4/22 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/1/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/9/2022. (Moya, Goretti) (Entered: 03/11/2022)
3/8/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Israel Garcia. (Signed by Judge Jed S. Rakoff on 3/14/22)(jbo) (Entered: 03/14/2022)
3/8/2022Change of Not Guilty Plea to Guilty Plea as to Israel Garcia (13) Count 1. (jbo) (Entered: 03/14/2022)
3/8/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Israel Garcia (13) Guilty as to Count 1. (jbo) (Entered: 03/14/2022)
3/8/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing as to Israel Garcia held on 3/8/2022. Present were the defendant with his counsel Raoul Zaltzberg, AUSA Jacob Gutwillig for the government and a court reporter. The defeat w/draws his plea of not guilty and pleads guilty to count one of the superseding indictment. PSI referral to Probation. SENS 6/29/2022 at 4:00pm. Gov't motion to have the deft remanded denied and the Deft is directed to voluntarily surrender to the Marshal for this district by March 14, 2022 at 2:00pm. (Sentencing set for 6/29/2022 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 03/14/2022)
3/8/2022MEMORANDUM TO THE DOCKET CLERK: as to Israel Garcia. A hearing will be held on Monday, March 7, 2022 at 2pm in Courtroom 14B. (jbo) (Entered: 03/08/2022)
3/7/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Status Conference as to Israel Garcia held on 3/7/2022. Present were the defendant and his counsel Raoul Zaltzberg, AUSA's Jacob Gutwillig, Micah Ferguson and Kaylan Lasky for the government and court reporter Khris Sellin. A further hearing is set for March 8, 2022 at 2:00pm in courtroom 14B. (Status Conference set for 3/8/2022 at 02:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 03/08/2022)
3/4/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Maxwell Smith. (Signed by Judge Jed S. Rakoff on 3/4/22)(jbo) (Entered: 03/04/2022)
3/4/2022Change of Not Guilty Plea to Guilty Plea as to Maxwell Smith (10) Count 1s. (jbo) (Entered: 03/04/2022)
3/4/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Maxwell Smith (10) Guilty of Lesser Offense as to Count 1s. (jbo) (Entered: 03/04/2022)
3/4/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing by video conferencing as to Maxwell Smith held on 3/4/2022. Present were the defendant and his counsel, Calvin Scholar, AUSA Jacob Gutwillig for the government and a court reporter. The defendant waives the public reading, withdraws his previous plea of not guilty and pleads guilty to the lesser included offense in count 1 of the S1 superseder. PSI ref to Probation. SENS 7-14-2022 at 4:00pm. Deft's bail continued. (Sentencing set for 7/14/2022 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 03/04/2022)
3/3/2022Set/Reset Hearings as to Maxwell Smith: Change of Plea Hearing set for 3/4/2022 at 02:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 03/03/2022)
3/3/2022MEMORANDUM TO THE DOCKET CLERK: as to Maxwell Smith. The change of plea hearing is adjourned to March 4, 2022 at 2:00pm. (jbo) (Entered: 03/03/2022)
3/2/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Marlon Watson. (jm) (Entered: 12/22/2023)
3/2/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Defendant appears with counsel John Buza; AUSA Micah Fergenson is also present. Arraignment as to Marlon Watson (11) Count 1ss,2ss,3ss held on 3/2/2022. Plea entered by Marlon Watson (11) Guilty as to Count 1ss,2ss,3ss. PSI ordered. Government's motion to remand, pending sentence, without objection, GRANTED. Sentencing 97/22 at 4:00 PM. (Court Reporter PRESENT) (jm) (Entered: 12/22/2023)
3/2/2022WAIVER OF INDICTMENT by Marlon Watson. (jm) (Entered: 12/22/2023)
3/2/2022(S3) SUPERSEDING INFORMATION (Felony) filed as to Marlon Watson (11) count(s) 1ss, 2ss, 3ss. (jm) Modified on 12/22/2023 (jm). (Entered: 12/22/2023)
3/2/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Alvin Fernandez. (Signed by Judge Jed S. Rakoff on 3/2/22)(jbo) (Entered: 03/10/2022)
3/2/2022Change of Not Guilty Plea to Guilty Plea as to Alvin Fernandez (5) Count 1ss. (jbo) (Entered: 03/10/2022)
3/2/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Alvin Fernandez (5) Guilty as to Count 1ss. (jbo) (Entered: 03/10/2022)
3/2/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing as to Alvin Fernandez held on 3/2/2022. Present were the defendant and his counsel Jeffrey Pittel, AUSA Jacob Gutwillig for the government and court reporter Sadie Herbert. The defendant withdraws his plea of not guilty and pleads guilty to count1 in S2 21cr412. PSI referral to Probation. SENS 7/19/2022 at 4:00pm. (Sentencing set for 7/19/2022 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 03/10/2022)
3/2/2022WAIVER OF INDICTMENT by Alvin Fernandez. (jm) (Entered: 03/03/2022)
3/2/2022(S2) SUPERSEDING INFORMATION (Felony) filed as to Alvin Fernandez (5) count(s) 1ss. (jm) (Entered: 03/03/2022)
3/2/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Jevaun Charles. (Signed by Judge Jed S. Rakoff on 3/2/22)(jbo) (Entered: 03/03/2022)
3/2/2022Change of Not Guilty Plea to Guilty Plea as to Jevaun Charles (1) Count 1s. (jbo) (Entered: 03/03/2022)
3/2/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Jevaun Charles (1) Guilty of Lesser Offense as to Count 1s. (jbo) (Entered: 03/03/2022)
3/2/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing by videoconference as to Jevaun Charles held on 3/2/2022. Present were then defendant and his counsel, Donna Newman, AUSA Jacob Gutwillig for the government and court reporter Sadie Herbert. The defendant withdraws his plea of not guilty and pleads guilty to the lesser included offense in count one of the superseder. PSI referral made to Probation, SENS 6/2/2022 at 4:00pm. (Sentencing set for 6/2/2022 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 03/03/2022)
3/1/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Alysha Beltre. (Signed by Judge Jed S. Rakoff on 3/1/22)(jbo) (Entered: 03/07/2022)
3/1/2022Change of Not Guilty Plea to Guilty Plea as to Alysha Beltre (2) Count 1s. (jbo) (Entered: 03/07/2022)
3/1/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Alysha Beltre (2) Guilty of Lesser Offense as to Count 1s. (jbo) (Entered: 03/07/2022)
3/1/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing as to Alysha Beltre held on 3/1/2022. Present were the defendant and his counsel David Trouger, AUSA Kaylan Lasky for the government and a court reporter. The deft w/draws his plea of not guilty & pleads guilty to the lesser included offense in count 1 of the superseding indictment. SENS 7/5/2022 at 4:00pm PSI referral made to Probation. (Sentencing set for 7/5/2022 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 03/07/2022)
3/1/2022
  • Order
Oral Order of Referral to Probation for Presentence Investigation and Report as to Deuri Carambot. (Signed by Judge Jed S. Rakoff on 3/1/2022) (lnl) (Entered: 03/01/2022)
3/1/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing as to Deuri Carambot held on 3/1/2022. On March 1, 2022 Judge Rakoff held a change of plea hearing. Present were the defendant and his counsel, Margaret Shalley, AUSA Jacob Gutwillig for the government, and court reporter Michael McDaniel. The defendant waives the pubic reading of the charging instrument, withdraws his plea of not guilty and pleads guilty to the lesser included offense in count 1. His sentence is set for June 7, 2022 at 4:00pm. The presentencing investigation is referred to the Probation Dept. The defendant is continued to be remanded. (Sentencing set for 6/7/2022 at 04:00 PM before Judge Jed S. Rakoff) Plea entered by Deuri Carambot (3) Guilty of Lesser Offense as to Count 1s. (lnl) (Entered: 03/01/2022)
2/28/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Jason Gonzalez. (Signed by Judge Jed S. Rakoff on 2/28/22)(jbo) (Entered: 03/14/2022)
2/28/2022Change of Not Guilty Plea to Guilty Plea as to Jason Gonzalez (6) Count 1s. (jbo) (Entered: 03/14/2022)
2/28/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Jason Gonzalez (6) Guilty of Lesser Offense as to Count 1s. (jbo) (Entered: 03/14/2022)
2/28/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing as to Jason Gonzalez held on 2/28/2022. Present were the defendant and his counsel, Thomas Ambrosio, AUSA Jacob Gutwillig to the government and court reporter Khris Sellin. The deft w/draws his plea of not guilty and enters a plea of guilty to the lesser included offense in count 1 of the superseding indictment. SENS 6/1/2022 at 4:00pm. PSI referral made to Probation. (Sentencing set for 6/1/2022 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 03/14/2022)
2/28/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Kewaannee Williams. (Signed by Judge Jed S. Rakoff on 2/28/22)(jbo) (Entered: 03/10/2022)
2/28/2022Change of Not Guilty Plea to Guilty Plea as to Kewaannee Williams (12) Count 1s. (jbo) (Entered: 03/10/2022)
2/28/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Kewaannee Williams (12) Guilty of Lesser Offense as to Count 1s. (jbo) (Entered: 03/10/2022)
2/28/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing by videoconferencing as to Kewaannee Williams held on 2/28/2022. Present were the defendant and his counsel, Benjamin Zeman, AUSA Jacob Gutwillig for the government and a court reporter. The defendant waives the public reading, withdraws his plea of not guilty and enters a plea of guilty as to the lesser included offense in count 1 of S1 21cr412. PSI referral to Probation, SENS 7/12/2022 at 4:00pm. (Sentencing set for 7/12/2022 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 03/10/2022)
2/28/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Shakur Culbert. (Signed by Judge Jed S. Rakoff on 2/28/22)(jbo) (Entered: 03/07/2022)
2/28/2022Change of Not Guilty Plea to Guilty Plea as to Shakur Culbert (4) Count 1s. (jbo) (Entered: 03/07/2022)
2/28/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Shakur Culbert (4) Guilty of Lesser Offense as to Count 1s. (jbo) (Entered: 03/07/2022)
2/28/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing as to Shakur Culbert held on 2/28/2022. Present were the defendant and his counsel, Patricia Pileggi, AUSA Micah Ferguson for the government and a court reporter. The defendant withdraws his plea of not guilty and pleads guilty to the lesser included offense in count 1 of the superseding indictment. SENS 6/28/2022 at 4:00pm, PSI referral made to Probation. (Sentencing set for 6/28/2022 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 03/07/2022)
2/28/2022
  • Motion in Limine
MOTION in Limine . Document filed by USA as to Israel Garcia. (Gutwillig, Jacob) (Entered: 02/28/2022)
2/23/2022NOTICE OF ATTORNEY APPEARANCE Kaylan Elizabeth Lasky appearing for USA. (Lasky, Kaylan) (Entered: 02/23/2022)
2/18/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Malcolm Rivera. (Signed by Judge Jed S. Rakoff on 2/18/22)(jbo) (Entered: 02/23/2022)
2/18/2022Change of Not Guilty Plea to Guilty Plea as to Malcolm Rivera (7) Count 1s. (jbo) (Entered: 02/23/2022)
2/18/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Malcolm Rivera (7) Guilty of Lesser Offense as to Count 1s. (jbo) (Entered: 02/23/2022)
2/18/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing as to Malcolm Rivera held on 2/18/2022. Present were the defendant and his counsel Stephanie Carvlin, AUSA Jacob Gutwillig for the government and a court reporter. The defendant withdraws his plea of not guilty and pleads guilty to the lesser included offense in count 1. PSI ref to Probation, SENS 6/21/2022 at 4:00pm. (Sentencing set for 6/21/2022 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 02/23/2022)
2/18/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Mike Silva. (Signed by Judge Jed S. Rakoff on 2/18/22)(jbo) (Entered: 02/23/2022)
2/18/2022Change of Not Guilty Plea to Guilty Plea as to Mike Silva (8) Count 1s. (jbo) (Entered: 02/23/2022)
2/18/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Mike Silva (8) Guilty of Lesser Offense as to Count 1s. (jbo) (Entered: 02/23/2022)
2/18/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing as to Mike Silva held on 2/18/2022. Present were the defendant and his counsel Donald Yanella, AUSA Jacob Gutwillig for the government and a court reporter. The defendant withdraws his plea of not guilty and pleads guilty to the lesser included offense on count 1. SENS 6/22/2022 at 4:00pm. PSI ref to Probation. (Sentencing set for 6/22/2022 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 02/23/2022)
2/18/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Kewaannee Williams held on 2/18/2022. AUSA Jacob Gutwillig for the Government and Benjamin Zeman for defendant Kewaannee Williams were present. The plea set for 2/28/22 will be held remotely over Microsoft teams, rather than in Courtroom 14B. The public will have access over the AT&T line. (jbo) (Entered: 02/22/2022)
2/18/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Alysha Beltre held on 2/18/2022. AUSA Jacob Gutwillig for the Government and David Touger for defendant Alysha Beltre were present. A change of plea for defendant Alysha Beltre is scheduled for March 1, 2022 at 2:30pm in Courtroom 14B. (Change of Plea Hearing set for 3/1/2022 at 02:30 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 02/22/2022)
2/18/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Deuri Carambot held on 2/18/2022. AUSA Jacob Gutwillig for the Government and Margaret M. Shalley for defendant Deuri Carambot were present. A change of plea hearing for defendant Deuri Carambot is set for 10:30am on March 1, 2022 in Courtroom 14B. (Change of Plea Hearing set for 3/1/2022 at 10:30 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 02/22/2022)
2/18/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Alvin Fernandez held on 2/18/2022. AUSA Jacob Gutwillig for the Government and Jeffrey G. Pittell for Alvin Fernandez were present. A change of plea hearing for defendant Alvin Fernandez is set for 11am on March 2, 2022 on Microsoft Teams. The public can access through the AT&T line: 888-363-4735, USA toll free, access code 1086415, 215-446-3657 International caller paid. (Change of Plea Hearing set for 3/2/2022 at 11:00 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 02/22/2022)
2/18/2022
  • Motion for Protective Order
PROTECTIVE ORDER as to Israel Garcia...regarding procedures to be followed that shall govern the handling of confidential material...(Signed by Judge Jed S. Rakoff on 2/18/2022) (lnl) (Entered: 02/18/2022)
2/18/2022ENDORSED LETTER as to Kewaannee Williams addressed to Judge Jed S. Rakoff from Benjamin Zeman dated 2/17/2022 re: Bail Modification. ENDORSEMENT: Signed. (Signed by Judge Jed S. Rakoff on 2/18/2022) (lnl) (Entered: 02/18/2022)
2/18/2022
  • Order
ORAL ORDER as to Daniel Silva (9). Sentencing set for 6/30/2022 at 04:00 PM before Judge Jed S. Rakoff. (bw) (Entered: 02/18/2022)
2/18/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Daniel Silva. (By Judge Jed S. Rakoff on 2/18/2022) (bw) (Entered: 02/18/2022)
2/18/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Daniel Silva (9) Guilty of Lesser Offense as to Count 1s. (bw) (Entered: 02/18/2022)
2/18/2022Change of Not Guilty Plea to Guilty Plea as to Daniel Silva (9) Count 1s. (bw) (Entered: 02/18/2022)
2/18/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing as to Daniel Silva (9) held on 2/18/2022. On Feb 18 2022 judge Rakoff held a video change of plea hearing. Present were the defendant and his counsel, James Roth, AUSA Jacob Gutwullig for the government, and court reporter Kelly Surina. Defendant withdraws his plea of not guilty and pleads guilty to the lesser included offense in count 1. SENTENCING 6/30/2022 at 4:00pm. PSI referral made to Probation. Bail continued. (bw) (Entered: 02/18/2022)
2/17/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Maxwell Smith held on 2/17/2022. AUSA Micah Ferguson for the Government and Calvin Harold Scholar for defendant Maxwell Smith were present. A change of plea hearing for defendant Maxwell Smith is set for 3:00pm on March 1, 2022 on Microsoft Team. The public can access through the AT&T line:888-363-4735 USA toll free, 215-446-3657 international caller paid, access code 1086415. (Change of Plea Hearing set for 3/1/2022 at 03:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 02/22/2022)
2/17/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Jason Gonzalez held on 2/17/2022. AUSA Micah Ferguson for the Government and Thomas Ambrosio for defendant Jason Gonzalez were present. A change of plea hearing for defendant Jason Gonzalez is set for 10:30am pm on February 28, 2022 in Courtroom 14B. (Change of Plea Hearing set for 2/28/2022 at 10:30 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 02/17/2022)
2/17/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Shakur Culbert held on 2/17/2022. AUSA Jacob Gutwillig for the Government and Patricia Pileggi for defendant Shakur Culbert were present. A change of plea hearing for defendant Shakur Culbert is set for 3pm on February 28, 2022 in Courtroom 14B. (Change of Plea Hearing set for 2/28/2022 at 03:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 02/17/2022)
2/17/2022
  • Order
ORDER as to Daniel Silva: Upon the application of defendant Daniel Silva requesting a modification of his conditions of Pretrial Release to remove his ankle monitor on February 22, 2022, in advance of a surgical procedure scheduled for February 24, 2022, and refitting on March 1, 2022, it is ORDERED that the defendant's application is GRANTED. All other conditions of his release shall remain in effect. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/16/2022) (lnl) (Entered: 02/17/2022)
2/16/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Mike Silva held on 2/16/2022. AUSA Micah Fergenson for the Government and Donald Joseph Yannella for defendant Mike Silva were present. A change of plea hearing for defendant Mike Silva is set for 11:30pm on February 18, 2022 in Courtroom 14B. (Change of Plea Hearing set for 2/18/2022 at 11:30 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 02/17/2022)
2/16/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Jevaun Charles held on 2/16/2022. AUSA Jacob Gutwillig for the Government and Donna Rita Newman for defendant Jevaun Charles were present. A change of plea hearing for defendant Jevaun Charles is set for 10:30am on March 2, 2022. The public may access this proceeding by dialing: USA toll free 888-363-4735, international caller paid 215-446-3657, Access code: 1086415. (Change of Plea Hearing set for 3/2/2022 at 10:30 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 02/17/2022)
2/15/2022Minute Entry for proceedings held before Judge Jed S. Rakoff:Status Conference as to Kewaannee Williams held on 2/15/2022 without transcription or recording. AUSA Jacob Gutwillig for the Government and Benjamin Zeman for defendant Kewaannee Williams were present. A change of plea hearing for defendant Williams is set for 2:30pm on February 28, 2022 in Courtroom 14B. (Change of Plea Hearing set for 2/28/2022 at 02:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff.) (jw) (Entered: 02/16/2022)
2/15/2022Minute Entry for proceedings held before Judge Jed S. Rakoff:Status Conference/Telephone Conference as to Malcolm Rivera held on 2/15/2022 without transcription or recording. AUSA Jacob Gutwillig for the Government and Stephanie Carvlin for defendant Malcolm Rivera were present. A change of plea hearing for defendant Rivera is set for 11am on February 18, 2022 in Courtroom 14B. (Change of Plea Hearing set for 2/18/2022 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff.) (jw) (Entered: 02/16/2022)
2/14/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Daniel Silva held on 2/14/2022. AUSA Jacob Gutwillig for the Government and James Roth for defendant Daniel Silva were present. A change of plea hearing for defendant Silva is set for 2pm on February 18, 2022. It will be held remotely and the public may access this proceeding by dialing :USA toll free 888-363-4735, international caller paid 215-446-3657, Access code 1086415. (Change of Plea Hearing set for 2/18/2022 at 02:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 02/14/2022)
2/3/2022Set/Reset Hearings as to Jevaun Charles: Jury Trial set for 3/14/2022 at 09:00 AM before Judge Jed S. Rakoff. (jbo) (Entered: 02/03/2022)
2/3/2022MEMORANDUM TO THE DOCKET CLERK: as to Jevaun Charles. Jury Trial is set for March 14, 2022 at 9:00am. (jbo) (Entered: 02/03/2022)
1/28/2022
  • Motion
PROPOSED ORDER 97 Motion to Modify Conditions of Release as to Daniel Silva. It is ORDERED that the defendant's application is GRANTED. The existing conditions of the defendant's person recognizance bond shall be modified to remove the condition of home confinement and to require him to abide by a curfew set by Pretrial Services. All other conditions of his release shall remain in effect. (Signed by Judge Jed S. Rakoff on 1/28/22) (jw) (Entered: 01/28/2022)
1/25/2022
  • Motion
MOTION to Modify Conditions of Release . Document filed by Daniel Silva. (Roth, James) (Entered: 01/25/2022)
1/21/2022ENDORSED LETTER as to Kewaannee Williams addressed to Judge Jed S. Rakoff, from Benjamin Zeman dated 1/21/2022 re: Defense counsel writes to request modification. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 1/21/2022) (ap) (Entered: 01/21/2022)
1/13/2022ENDORSED LETTER as to Kewaannee Williams addressed to Judge Jed S. Rakoff from Benjamin Zeman dated 1/13/22 re: To request that the conditions of Kewaanne Williams' Pretrial Supervision be modified to allow him to leave his home from 1:00 pm until 9:00 pm, January 16, 2022...ENDORSEMENT: SO ORDERED (Signed by Judge Jed S. Rakoff on 1/13/22)(jw) (Entered: 01/14/2022)
12/21/2021
  • OrderGranted
ORDER 93 Motion to Modify Conditions of Release as to Shakur Culbert. it isORDERED that the defendant's application is GRANTED.The existing conditions of defendant Shakur Culbert's personal recognizance bond shall by modified to remove the condition of home confinement and to require him to abide by a curfew to be set by Pretrial Services. All other conditions of his release shall remain in effect. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/21/21) (jw) (Entered: 12/21/2021)
12/20/2021
  • Motionby Δ
SECOND MOTION to Modify Conditions of Release . Document filed by Shakur Culbert. (Attachments: # 1 Text of Proposed Order)(Pileggi, Patricia) (Entered: 12/20/2021)
12/20/2021ENDORSED LETTER as to Alvin Fernandez addressed to Judge Jed S. Rakoff from Jeffrey G. Pittell dated 12/17/2021 re: Due to the condition being home incarceration, Mr. Fernandez cannot leave his home to perform outdoor household chores, to engage in employment or attend to basic life necessities. I am informed by Mr. Fernandez' supervising MDPA Pretrial Services Officer that, if the bond condition is changed from home incarceration to home detention, then Pretrial Services will have discretion (without the need for subsequent court authorization) to permit Mr. Fernandez to engage in these activities....ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/17/21)(jw) (Entered: 12/20/2021)
12/20/2021ENDORSED LETTER as to Israel Garcia addressed to Judge Jed S. Rakoff from Raoul Zaltzberg dated 12/17/21 re: request that the Court modify the terms of Mr. Garcia's home detention whereby Mr. Garcia would be allowed to leave his residence on Christmas Day, December 25, 2021, from 1-9 p.m. to celebrate the holiday with his family at his mother's residence....ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/17/21)(jw) (Entered: 12/20/2021)
12/1/2021ENDORSED LETTER as to Kewaannee Williams addressed to Judge Jed S. Rakoff, from Benjamin Zerman dated 12/1/2021 re: Defense counsel writes for modification of conditions. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/1/2021) (ap) (Entered: 12/02/2021)
11/24/2021
  • Order
MEMO ENDORSEMENT 88 Motion to Modify Conditions of Release as to Kewaannee Williams to request that the conditions of Kewaanne Williams be allowed to travel from the Bronx to Englewood, NJ, leaving at 4:00pm, November 25, 2021 and returning by 12:00am.....ENDORSEMENT...SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/24/21) (jw) (Entered: 11/24/2021)
11/23/2021
  • Motion
FIRST MOTION to Modify Conditions of Release for Thanksgiving. Document filed by Kewaannee Williams. (Zeman, Benjamin) (Entered: 11/23/2021)
11/19/2021Terminate Deadlines and Hearings as to Jevaun Charles, Alysha Beltre, Deuri Carambot, Shakur Culbert, Alvin Fernandez, Jason Gonzalez, Malcolm Rivera, Mike Silva, Daniel Silva, Maxwell Smith, Marlon Watson, Kewaannee Williams, Israel Garcia: Oral Argument set for 11/22/2021 adjourned sine die. (jbo) (Entered: 11/19/2021)
11/19/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to (all defendants) Jevaun Charles, Alysha Beltre, Deuri Carambot, Shakur Culbert, Alvin Fernandez, Jason Gonzalez, Malcolm Rivera, Mike Silva, Daniel Silva, Maxwell Smith, Marlon Watson, Kewaannee Williams, Israel Garcia held on 11/19/2021. AUSA Micah Ferguson for the Government and James Michael Roth for all defendants were present. The hearing set for Monday, November 22, 2021 in the above-captioned case is adjourned sine die. (jbo) (Entered: 11/19/2021)
11/8/2021NOTICE OF ATTORNEY APPEARANCE: Jin Ping Lee appearing for Shakur Culbert. Appearance Type: CJA Appointment. (Lee, Jin) (Entered: 11/08/2021)
11/4/2021ENDORSED LETTER as to (21-Cr-412-5) Alvin Fernandez addressed to Judge Jed S. Rakoff from Attorney Jeffrey G. Pittell dated November 2, 2021 re: Accordingly, I respectfully request the bond's travel restriction be changed from the Eastern District of Pennsylvania to the Middle District of Pennsylvania by So Ordered endorsement of this letter. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/4/2021)(bw) (Entered: 11/04/2021)
11/1/2021
  • Order
ORDER as to Israel Garcia: That terms of Israel Garcia's release be modified from home incarceration to home detention to allow him to work at Zara, his new place of employment. The modifications will be done in coordination with pre-trial services. SO ORDERED. (Signed by Judge Jed S. Rakoff on 10/29/2021) (lnl) (Entered: 11/01/2021)
10/29/2021
  • Order
MEMO ENDORSEMENT as to Shakur Culbert (4) on 83 Motion to Modify Conditions of Release. ENDORSEMENT: So Ordered. (Signed by Judge Jed S. Rakoff on 10/29/2021) (lnl) (Entered: 11/01/2021)
10/29/2021
  • Motionby Δ
FIRST MOTION to Modify Conditions of Release . Document filed by Shakur Culbert. (Pileggi, Patricia) (Entered: 10/29/2021)
10/21/2021
  • Order
ORDER as to (21-Cr-412-13) Israel Garcia. It is hereby ordered: That terms of Israel Garcia's release be temporarily modified to allow him to visit his doctor on Friday, October 22, 2021. That the terms of Israel Garcia's release be further temporarily modified to allow him to attend a job interview on Friday, October 22, 2021. Both temporary modifications will be done in coordination with pre-trial services. SO ORDERED: (Signed by Judge Jed S. Rakoff on 10/21/2021)(bw) (Entered: 10/21/2021)
10/21/2021ENDORSED LETTER as to (21-Cr-412-5) Alvin Fernandez addressed to Judge Jed S. Rakoff from Attorney Jeffrey G. Pittell dated October 20, 2021 re: Mr. Fernandez's residence is located in the Eastern District of Pennsylvania (not the Central District of Pennsylvania). Accordingly, I request the bond's travel restriction be changed from the Central to Eastern District of Pennsylvania. In addition, Mr. Fernandez seeks to travel from Pennsylvania, to the Bronx, to meet with an attorney. By this letter, I request the bond be temporarily modified to permit this (non-overnight) travel. Prior to going to the meeting, Mr. Fernandez will provide the date, time, location and any other requested information to his supervising Pretrial Services Officer. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 10/21/2021)(bw) (Entered: 10/21/2021)
10/12/2021Appearance Bond Entered as to Alvin Fernandez: $200,000 Personal recognizance bond; To be cosigned by two financially responsible persons; Additional conditions..... (jbo) (Main Document 80 replaced on 10/26/2021) (jbo). (Entered: 10/19/2021)
10/6/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Alvin Fernandez held on 10/6/2021. AUSA Jacob Gutwillig for the Government and Jeffrey G. Pittell for defendant, Alvin Fernandez, were present. Discovery is to be produced to defense by October 14, 2021. Defense motions regarding defendant Alvin Fernandez will be due November 8, 2021. The Government's response will be due November 15, 2021. Argument will be held November 22, 2021 at 10:30am in courtroom 14B. (Discovery due by 10/14/2021. Motions due by 11/8/2021. Responses due by 11/15/2021. Oral Argument set for 11/22/2021 at 10:30 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 10/06/2021)
10/1/2021ENDORSED LETTER as to Maxwell Smith addressed to Judge Jed S. Rakoff from defense counsel Calvin H. Scholar dated 10/1/21 re: Requesting that the Court modify Mr. Smith's bond conditions from home incarceration to home detention... ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 10/1/21)(jbo) (Entered: 10/04/2021)
10/1/2021
  • Order
RULE 5(F) ORDER as to Alvin Fernandez. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/1/2021)(bw) (Entered: 10/01/2021)
9/30/2021MEMORANDUM TO THE DOCKET CLERK as to Alvin Fernandez: The arraignment, formerly scheduled in courtroom 14B today at 4:30 will be instead before the Magistrate Judge in Magistrate's Court. (lnl) (Entered: 10/01/2021)
9/30/2021
  • Order
ORAL ORDER as to (21-Cr-412-5) Alvin Fernandez. Time excluded from 9/30/2021 until 11/18/2021. Discovery due by 10/21/2021. Motions (by Defense) due by 11/18/2021. (By Magistrate Judge Gabriel W. Gorenstein on 9/30/2021) (bw) (Entered: 09/30/2021)
9/30/2021Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Arraignment as to Alvin Fernandez (5) Count 1,1s,2,2s held on 9/30/2021. Plea entered by Alvin Fernandez (5) Count 1,1s,2,2s -- Not Guilty. (bw) (Entered: 09/30/2021)
9/30/2021Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Initial Appearance as to Alvin Fernandez (5) held on 9/30/2021. AUSA Jacob Gutwillig. Defense Counsel Jeffrey Pittell (CJA). Proceeding: Rule 9. BAIL DISPOSITION: $200,000 PRB; 2 FRP; Travel restricted to SDNY/EDNY/C.D. Pennsylvania and points in between for travel to Court; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Home incarceration; Electronic monitoring; Defendant to be detained until all conditions are met. COMMENTS: Discovery to be produced to defense by October 21, 2021. Defense motions due November 18, 2021. Parties to call Judge Rakoff's Chambers when motions are filed (Nov. 18, 2021) to get a conference date. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 11/18/2021. (bw) (Entered: 09/30/2021)
9/30/2021Attorney update in case as to Alvin Fernandez (5). Attorney Jeffrey G. Pittell for Alvin Fernandez added. (bw) (Entered: 09/30/2021)
9/30/202176CJA 23 Financial Affidavit by (21-Cr-412-5) Alvin Fernandez. APPROVED: (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/30/2021); Attorney Jeffrey Pittell. (bw) (Entered: 09/30/2021)
9/30/2021Set/Reset Hearings as to Alvin Fernandez: Arraignment set for 9/30/2021 at 04:30 PM before Judge Jed S. Rakoff. (jbo) (Entered: 09/30/2021)
9/30/2021MEMORANDUM TO THE DOCKET CLERK: as to Alvin Fernandez. An arraignment will be heard in courtroom 14B on September 30, 2021 at 4:30pm. (jbo) (Entered: 09/30/2021)
9/29/2021
  • Order
ORDER as to Israel Garcia: That terms of Israel Garcia's release be temporarily modified to allow him to visit his Doctor on Saturday, October 2, 2021. That the terms of Israel Garcia's release be further temporarily modified to allow his to visit the DMV in order to renew his license, in coordination with pre-trial services. (Signed by Judge Jed S. Rakoff on 9/29/2021) (ap) (Entered: 09/29/2021)
9/29/2021ENDORSED LETTER as to Marlon Watson addressed to Judge Jed S. Rakoff, from John P. Buza dated 9/28/2021 re: Defense counsel writes to request modification. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/29/2021) (ap) Modified on 9/30/2021 (ap). (Entered: 09/29/2021)
9/20/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Jevaun Charles held on 9/20/2021. AUSA Micah Fergenson for the Government and David Touger for defendant Alysha Beltre were present. (jbo) (Entered: 09/21/2021)
9/20/2021
  • Order
MEMO ENDORSEMENT 69 Motion to Modify Conditions of Release as to Alysha Beltre...ENDORSEMENT...SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/20/21) (jw) (Entered: 09/21/2021)
9/17/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jevaun Charles. Notice is hereby given that an official transcript of a Conference proceeding held on 7/22/21 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: 09/17/2021)
9/17/2021TRANSCRIPT of Proceedings as to Jevaun Charles, Alysha Beltre, Deuri Carambot, Shakur Culbert, Alvin Fernandez, Jason Gonzalez, Malcolm Rivera, Mike Silva, Daniel Silva, Maxwell Smith, Marlon Watson, Kewaannee Williams, Israel Garcia re: Conference held on 7/22/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/8/2021. Redacted Transcript Deadline set for 10/18/2021. Release of Transcript Restriction set for 12/16/2021. (Moya, Goretti) (Entered: 09/17/2021)
9/15/2021
  • Motion
FIRST MOTION to Modify Conditions of Release . Document filed by Alysha Beltre. (Touger, David) (Entered: 09/15/2021)
9/9/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Israel Garcia. Notice is hereby given that an official transcript of a Conference proceeding held on 8/2/2021 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: 09/09/2021)
9/9/2021TRANSCRIPT of Proceedings as to Israel Garcia re: Conference held on 8/2/2021 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Samuel Mauro, (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 9/30/2021. Redacted Transcript Deadline set for 10/12/2021. Release of Transcript Restriction set for 12/8/2021. (Moya, Goretti) (Entered: 09/09/2021)
9/9/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jason Gonzalez. Notice is hereby given that an official transcript of a Conference proceeding held on 8/2/2021 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: 09/09/2021)
9/9/2021TRANSCRIPT of Proceedings as to Jason Gonzalez re: Conference held on 8/2/2021 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Samuel Mauro, (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 9/30/2021. Redacted Transcript Deadline set for 10/12/2021. Release of Transcript Restriction set for 12/8/2021. (Moya, Goretti) (Entered: 09/09/2021)
8/11/2021Appearance Bond Entered as to Shakur Culbert: $150,000 Personal Recognizance Bond; To be cosigned by Deft's mother, stepfather, aunt and cousin; Additional conditions..... (jbo) (Entered: 08/17/2021)
8/6/2021Appearance Bond Entered as to Malcolm Rivera: $30,000 Personal Recognizance Bond; To be cosigned by two financially responsible persons; Additional conditions.... (jbo) (Main Document 58 replaced on 8/23/2021) (jbo). (Entered: 08/12/2021)
8/6/2021Attorney update in case as to Malcolm Rivera (7). Attorney Stephanie M. Carvlin for Malcolm Rivera added. (bw) (Entered: 08/10/2021)
8/6/2021***DELETED DOCUMENT. Deleted docket entry, no document number. "Attorney update in case as to Malcolm Rivera. Attorney Jesse M. Siegel for Malcolm Rivera added." The document was incorrectly filed in this case. (bw) (Entered: 08/10/2021)
8/6/2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Arraignment as to Malcolm Rivera (7) Count 1s,2s held on 8/6/2021. Plea entered by Malcolm Rivera Not Guilty. Present were Jacob Guttwillig, AUSA and Jesse M. Siegel for the defendant, substituting for Stephanie Carvlin, court reporter Alynna Lynch. Deft waives the public reading of the charges and pleads not guilty. Oral argument on any defense motions will be heard 11/22/201 at 10:30 am, a trial date with his co-defendants is set for 2/28/2022, time is excluded in the interest of justice, pursuant to Section 3161 of Title 18. Deft is ordered released on the conditions set in magistrate's court. (jbo) (Entered: 08/09/2021)
8/6/2021
  • Order
Order Pursuant to Rule 5(f) by USA as to Malcolm Rivera. (jm) (Entered: 08/06/2021)
8/6/202156CJA 23 Financial Affidavit by Malcolm Rivera appointing cja attorney Stephanie Carvlin. (Signed by Magistrate Judge Barbara C. Moses) (jm) (Entered: 08/06/2021)
8/6/2021Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses:Initial Appearance as to Malcolm Rivera held on 8/6/2021. Defendant is present with attorney Jesse Siegel; AUSA Gutwillig is also present. Bail is set as follows: $30,000 PRB; 2 FRP plus defendant's mother for moral suasion; travel restricted to SDNY/EDNY; surrender travel documents & no new applications; supervision as directed by PTS; Defendant to submit to urinalysis, if positive add condition of drug testing/treatment; curfew; location monitoring technology as directed by PTS; Defendant to continue/seek employment. Defendant to have no contact with c0-defendants, direct or indirect, except in presence of counsel. Release on the signatures of the Defendant and that of his mother as well as location monitoring with remaining conditions to be met by 8/20/21. (jm) (Entered: 08/06/2021)
8/5/2021Arrest/Surrender of Malcolm Rivera. (jm) (Entered: 08/06/2021)
8/5/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Malcolm Rivera held on 8/5/2021. AUSA Jacob Gutwillig for the Government and Jesse Siegel for the Defendant were present. Following the defendant's arrest today, the Court referred his presentment to a magistrate judge and directed the parties to appear in Courtroom 14B for arraignment as soon as practicable after the conclusion of presentment proceedings. (jbo) (Entered: 08/06/2021)
8/4/2021Appearance Bond Entered as to Israel Garcia: $500,000 Personal Recognizance Bond; To be cosigned by seven financially responsible persons plus two persons for moral suasion; Additional conditions..... (jbo) (Entered: 08/17/2021)
8/3/2021
  • Order
ORDER as to Israel Garcia: It is hereby ordered that Israel Garcia, REG# 56417-509 be released from custody, subject to previously applicable bail conditions. The U.S. Marshals are to release the defendant unless any pending warrants, detainers or other issues are encountered. Travel is extended to the Southern District and adjacent districts as well as travel between those districts and this district. (Signed by Judge Jed S. Rakoff on 8/3/2021) (lnl) (Entered: 08/04/2021)
8/3/2021
  • Order
ORDER as to Israel Garcia: Upon the application of defendant Israel Garcia, pursuant to 18 U.S.C. § 3142(c) for release from custody, and following a detention hearing held on August 2, 2021 in which the Court considered (1) the nature and circumstances of the offense charged; (2) the history and characteristics of the defendant Israel Garcia including his family ties, employment, length of residence in the community, and (3) the nature and seriousness of the danger to any person or the community that would be posed by the defendant's release, it is ORDERED that the defendant's application is GRANTED pursuant to the following conditions. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/3/2021) (See ORDER as further set forth) (lnl) (Entered: 08/04/2021)
8/2/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Bond Hearing as to Jason Gonzalez held on 8/2/2021. Present were the defendant and his counsel, Thomas Ambrosio, AUSA Jacob Guttwillig for the government, and a court reporter. Court's decision: Defendant's bail application denied. Deft cont'd remanded. (jbo) (Entered: 08/03/2021)
8/2/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Bond Hearing as to Israel Garcia held on 8/2/2021. Present were the defendant with his counsel, Raoul Zaltzberg, AUSA Jacob Guttwillig for the government and a court reporter. Court's decision: defendant's bail application granted. Release upon submission of stipulated proposed conditions of supervision. (jbo) (Entered: 08/03/2021)
8/2/2021Set/Reset Hearings as to Israel Garcia: Bond Hearing set for 8/2/2021 at 05:30 PM before Judge Jed S. Rakoff. (jbo) (Entered: 08/02/2021)
8/2/2021MEMORANDUM TO THE DOCKET CLERK as to Israel Garcia: The time of the bail application on 8-2-2021, in courtroom 14B is changed to 5:30pm. (jbo) (Entered: 08/02/2021)
8/2/2021Set/Reset Hearings as to Jason Gonzalez: Bond Hearing set for 8/2/2021 at 05:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 08/02/2021)
8/2/2021MEMORANDUM TO THE DOCKET CLERK as to Jason Gonzalez: The time on 8-2-2021 for the USA v Gonzalez bail application, in courtroom 14B is changed to 5:00pm. (jbo) (Entered: 08/02/2021)
8/2/2021Rule 5(c)(3) Documents Received as to Alvin Fernandez from the United States District Court - District of Oregon. (jm) (Entered: 08/02/2021)
7/30/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Arraignment as to Shakur Culbert (4) Count 1,1s,2,2s held on 7/30/2021. Plea entered by Shakur Culbert (4) Count 1,1s,2,2s -- Not Guilty. (bw) (Entered: 07/30/2021)
7/30/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Bond Hearing as to Shakur Culbert (4) held on 7/30/2021. AUSA Micah Ferguson. Defense Counsel Patricia A. Pileggi (CJA). BAIL DISPOSITION: Agreed conditions of release; $150,000 PRB; 4 FRP; Travel restricted to SDNY/EDNY; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Drug testing/treatment as directed by PTS; Mental health evaluation/treatment as directed by PTS; Defendant to submit to urinalysis; if positive, add condition of drug testing/treatment; Home detention; Electronic monitoring; Defendant not to possess firearm/destructive device/other weapon; Defendant to be released on own signature, plus the following conditions: 4 FRP signatures on bond + installation of the monitoring technology. The defendant shall remain in the residence except for medical appointments and employment. The defendant shall notify Pretrial Services in advance of the time and location of medical appointments and employment. Any other leave from the residence must be approved by either the Pretrial Services officer or by the Court on application from defense counsel; No contact with codefendants. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. (bw) (Entered: 07/30/2021)
7/30/2021
  • Order
ORDER as to Shakur Culbert: It is hereby ordered: that, Shakur Culbert, Reg. #53665-509, be released from custody, subject to previously applicable bail conditions. The U.S. Marshals are to release the defendant unless any pending warrants, detainers or other issues are encountered. Travel is extended to Eastern District of New York, and adjacent districts as well as travel between those districts and this district. (Signed by Judge Jed S. Rakoff on 7/29/2021) (ap) Modified on 8/2/2021 (ap). (Entered: 07/30/2021)
7/29/2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Telephone Conference as to Israel Garcia held on 7/29/2021. A telephone conference was held 7-29-2021 without transcription or recording. AUSA Jacob Gutwillig for the Government and Raoul Zaltzberg for defendant Israel Garcia were present. A bail hearing is scheduled for Monday, August 2, 2021 at 4:30 pm in Courtroom 14B. (Bond Hearing set for 8/2/2021 at 04:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff) (ap) (Entered: 07/30/2021)
7/29/2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Telephonic conference as to Jason Gonzalez held on 7/29/2021, without transcription or recording. AUSA Jacob Gutwillig for the Government and Thomas Ambrosio for defendant Jason Gonzalez were present. A bail hearing is scheduled for Monday, August 2, 2021 at 4 pm in Courtroom 14B (Bond Hearing set for 8/2/2021 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff) (jw) (Entered: 07/30/2021)
7/29/2021
  • Order
ORDER as to Shakur Culbert: Itis ORDERED that the defendant's application is GRANTED pursuant to the following conditions: 1. The Clerk of Court is directed to prepare a personal recognizance bond with the following conditions of release: a. A personal recognizance bond in the amount of $150,000, to be signed by the defendant and co-signed by the defendant's mother (Anna Culbert); stepfather (Terrell Potts); aunt (Gina Culbert) and cousin (Michael Culbert) b. All mandatory conditions of release included in this Court's standard "Order Setting Conditions of Release" form. (Signed by Judge Jed S. Rakoff on 7/29/2021) (See ORDER set forth) (ap) (Entered: 07/30/2021)
7/28/2021Arrest of Alvin Fernandez in the United States District Court - District of Oregon. (jm) (Entered: 08/02/2021)
7/28/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Israel Garcia (13) Count 1,2 Not Guilty. (jw) (Entered: 07/30/2021)
7/28/2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Arraignment and bail application as to Israel Garcia (13) Count 1,2 held on 7/28/2021. Present were the defendant and his counsel Raoul Zaltzberg, AUSA Micah Ferguson for the government and a court reporter., Deft waives the public reading of the charges and pleads not guilty. Court's decision: Bail application is denied. Close discovery 8-4-2021, defense motions by 11-1-2021, government answer 11-15-2021, argument on defense motions 11-22-201 at 10:30am, in court. A trial date is set for defendant Garcia, with his co-defendants, on 2-28-2022 at 9:30am. Time is excluded until that date in the interest of justice, pursuant to Section 3161 of Title 18. (jw) (Entered: 07/30/2021)
7/28/2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Bail Application Hearing as to Shakur Culbert held on 7/28/2021. Present were the defendant and his counsel Patricia Pileggi, AUSA Micah Ferguson for the government and a court reporter. Court's decision, deft's application for bail is granted pending the submission of specific conditions of release. (jw) (Entered: 07/30/2021)
7/27/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Status Conference/Telephone as to Maxwell Smith held on 7/27/2021, without transcription or recording. AUSA Micah Fergenson for the Government and Calvin Scholar for defendant Maxwell Smith were present. (jw) (Entered: 07/28/2021)
7/27/2021ENDORSED LETTER as to Maxwell Smith addressed to Judge Jed S. Rakoff, from Calvin H. Scholar dated 7/27/2021 re: Defense counsel writes to modify conditions. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/27/2021) (ap) (Entered: 07/28/2021)
7/27/2021Set/Reset Hearings as to Israel Garcia: Arraignment set for 7/28/2021 at 05:00 AM before Judge Jed S. Rakoff. (jbo) (Entered: 07/27/2021)
7/27/2021MEMORANDUM TO THE DOCKET CLERK as to Shakur Culbert, Israel Garcia: On July 28, 2021 Judge Rakoff will hold at 5:00pm in courtroom 14B of the Moynihan Courthouse, a bail hearing as to deft #4, Culbert and an arraignment as to deft #13, Garcia. (jbo) (Entered: 07/27/2021)
7/27/2021
  • Motion for Protective Order
PROTECTIVE ORDER as to Jevaun Charles, Alysha Beltre, Deuri Carambot, Shakur Culbert, Alvin Fernandez, Jason Gonzalez, Malcolm Rivera, Mike Silva, Daniel Silva, Maxwell Smith, Marlon Watson, Kewaannee Williams, Israel Garcia...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 7/26/2021) (ap) (Entered: 07/27/2021)
7/23/2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Telephone Conference without transcription or recording as to Shakur Culbert held on 7/23/2021. AUSA Jacob Gutwillig for the Government and Patricia Pileggi of Schiff Hardin LLP for defendant Shakur Culbert were present. A bail hearing is scheduled for July 28, 2021 at 5 p.m. in Courtroom 14B. (Bond Hearing set for 7/28/2021 at 05:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 07/23/2021)
7/22/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Bond Hearing as to Jevaun Charles held on 7/22/2021. Present were the defendant and his counsel, Donna Newman, Jacob Gutwillig, AUSA for the government, Pretrial Services Officer Marlon Ovalles and a court reporter. Court's decision: Defendant's Bail Application denied. Deft cont'd remanded. (jbo) (Entered: 07/23/2021)
7/22/2021Attorney update in case as to Israel Garcia. Attorney Raoul Zaltzberg for Israel Garcia added. (jw) (Entered: 07/23/2021)
7/22/202146CJA 23 Financial Affidavit by Israel Garcia. (Signed by Magistrate Judge Katharine H. Parker) Attorney Raoul Zaltzberg (jw) (Entered: 07/23/2021)
7/22/2021
  • Order
RULE 5(F) ORDER as to Israel Garcia. (Signed by Magistrate Judge Katharine H. Parker on 7/22/21)(jw) (Entered: 07/23/2021)
7/22/2021Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker:Initial Appearance on disposition sheet as to Israel Garcia held on 7/22/2021. Defense counsel Raoul Zaltzberg. AUSA Micah Fergenson & Jacob Gutwillig. Detention on consent without prejudice. Speedy trial time excluded under 18 USC 3161(h)(7) until 7/28/21 (jw) (Entered: 07/23/2021)
7/21/202160Arrest Warrant Returned Executed on 7/21/21 as to Israel Garcia. (jw) (Entered: 08/12/2021)
7/21/2021(S1) SUPERSEDING INDICTMENT FILED as to Jevaun Charles (1) count(s) 1s, 2s, Alysha Beltre (2) count(s) 1s, 2s, Deuri Carambot (3) count(s) 1s, 2s, Shakur Culbert (4) count(s) 1s, 2s, Alvin Fernandez (5) count(s) 1s, 2s, Jason Gonzalez (6) count(s) 1s, 2s, Malcolm Rivera (7) count(s) 1s, 2s, Mike Silva (8) count(s) 1s, 2s, Daniel Silva (9) count(s) 1s, 2s, Maxwell Smith (10) count(s) 1s, 2s, Marlon Watson (11) count(s) 1s, 2s, Kewaannee Williams (12) count(s) 1s, 2s, Israel Garcia (13) count(s) 1, 2. (jm)(Filed under seal on 6/22/21) (Entered: 07/22/2021)
7/21/2021
  • Order
ORDER as to Jevaun Charles, Alysha Beltre, Deuri Carambot, Shakur Culbert, Alvin Fernandez, Jason Gonzalez, Malcolm Rivera, Mike Silva, Daniel Silva, Maxwell Smith, Marlon Watson, Kewaannee Williams, Israel Garcia unsealing the S(1) superseding indictment. (Signed by Judge Jed S. Rakoff on 7/21/21)(jm) (Entered: 07/22/2021)
7/21/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Jevaun Charles held on 7/21/2021. AUSA Jacob Gutwillig for the Government and Donna Newman for defendant Jeuvan Charles were present. A bail hearing is scheduled for July 22, 2021 at 4 p.m. in Courtroom 14B. (Bond Hearing set for 7/22/2021 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 07/21/2021)
7/15/2021Appearance Bond Entered as to Alysha Beltre: $150,000 Personal recognizance bond; To be cosigned by two financially responsible persons; Additional conditions..... (jbo) (Entered: 09/20/2021)
7/15/2021Appearance Bond Entered as to Marlon Watson: $100,000 Personal Recognizance Bond; To be cosigned by two financially responsible persons; Additional conditions..... (jbo) (Entered: 08/19/2021)
7/13/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Arraignment as to Deuri Carambot (3) Count 1,2 and Maxwell Smith (10) Count 1,2 held on 7/13/2021. Plea entered by Deuri Carambot (3) Count 1,2 and Maxwell Smith (10) Count 1,2 Not Guilty. Present were the defendant Carambot and his counsel Margaret Shalley and defendant Smith and his counsel Calvin Scholar. AUSA Jacob Guuttwillig was present for the government. Plus a court reporter. Both defendants are arraigned, waive the public reading of the charges and plead not guilty. Time is excluded for these defendants until the trial date of 2-28-2022 in the interest of justice, pursuant to Section 3161 of Title 18. (jbo) (Entered: 07/14/2021)
7/13/2021Set/Reset Hearings as to Deuri Carambot, Maxwell Smith: Arraignment set for 7/13/2021 at 02:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 07/13/2021)
7/13/2021MEMORANDUM TO THE DOCKET CLERK as to Deuri Carambot, Maxwell Smith: July 13, 2021 at 2:00pm, in courtroom 14B of the Moynihan courthouse, Judge Rakoff will hold arraignment for these 2 defts. (jbo) (Entered: 07/13/2021)
7/12/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Arraignment as to Shakur Culbert (4) Count 1,2 and Marlon Watson (11) Count 1,2 held on 7/12/2021. Plea entered by Shakur Culbert (4) Count 1,2 and Marlon Watson (11) Count 1,2 Not Guilty. Both defts waived the public reading of the charges and plead not guilty. These defts will join their co-defendants for trial on 2-28-2022 and time is excluded until then, pursuant to Section 3161 of Title 18. Present were the defts and their counsel: for #4, Culbert, Peggy Pileggi, for #11 Watson, John Buza, for the government, AUSA Jacob Gutwillig, and court reporter Khris Sellin. Both defendants cont'd remanded. (jbo) (Entered: 07/12/2021)
7/12/2021
  • Order
ORDER APPOINTING JULIE DE ALMEIDA AS COORDINATING DISCOVERY ATTORNEY as to Jevaun Charles, Alysha Beltre, Deuri Carambot, Shakur Culbert, Alvin Fernandez, Jason Gonzalez, Malcolm Rivera, Mike Silva, Daniel Silva, Maxwell Smith, Marlon Watson, Kewaannee Williams. It is hereby ORDERED that Julie de Almeida is appointed as Coordinating Discovery Attorney for court-appointed defense counsel. (Signed by Judge Jed S. Rakoff on 7/6/2021) (See ORDER set forth) (ap) Modified on 7/12/2021 (ap). (Entered: 07/12/2021)
7/12/2021
  • Order
ORAL ORDER as to Daniel Silva (9). Time excluded from 7/12/2021 until 2/28/2022. (By Judge Jed S. Rakoff on 7/12/2021) (bw) (Entered: 07/12/2021)
7/12/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Arraignment as to Daniel Silva (9) Count 1,2 held on 7/12/2021. Plea entered by Daniel Silva (9) Count 1,2 -- Not Guilty. (bw) (Entered: 07/12/2021)
7/12/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Bond Hearing as to (21-Cr-412-9) Daniel Silva held on 7/12/2021. AUSA Jacob Gutwillig. Defense Counsel James Roth (CJA). BAIL DISPOSITION: $300,000.00 PRB; 6 FRP; Travel restricted to SDNY/EDNY; Pretrial supervision as directed by Pretrial Services; Home Detention; Curfew; GPS; Defendant not to possess firearm/destructive device/other weapon; Defendant to be detained until all conditions are met; No contact with co-defendants outside the presence of counsel. OK to self-install location monitoring equipment at the direction of Pretrial Services. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge 7/12/2021. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 2/28/2022. (bw) (Entered: 07/12/2021)
7/7/2021ENDORSED LETTER as to Alysha Beltre addressed to Judge Jed S. Rakoff from AUSA Micah Fergenson dated 7/7/21 re: Request that the Court order the defendant released pending trial on the following conditions: 1. $150,000 bond co-signed by two financially responsible persons; 2. Home detention with electronic monitoring (defendant may seek and maintain employment, as permitted by Pretrial Services); 3. Surrender all travel documents and make no new applications; 4. Pretrial Services supervision as directed; 5. Travel restricted to the Southern/Eastern Districts of New York; 6. Urinalysis and, if positive, substance abuse treatment and testing; 7. No contact with co-defendants except in the presence of counsel; 8. Defendant not to possess firearm/destructive device/other weapon; 9. Defendant to remain incarcerated until all conditions are met...ORDER ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/7/21)(jbo) (Entered: 07/08/2021)
7/7/2021
  • Order
ORAL ORDER as to (21-Cr-412-10) Maxwell Smith. Status Conference set for 7/12/2021 at 12:00 PM before Judge Jed S. Rakoff. (By Magistrate Judge James L. Cott on 7/7/2021) (bw) (Entered: 07/08/2021)
7/7/2021Minute Entry for proceedings held before Magistrate Judge James L. Cott: Initial Appearance as to Maxwell Smith (10) held on 7/7/2021. Detention Hearing as to Maxwell Smith held on 7/7/2021. Date of Arrest: 7/6/2021. AUSA Matthew Hellman. Defense Counsel Calvin Scholar (CJA). Proceeding: Presentment. BAIL DISPOSITION: $100,000 PRB; 5 FRP; Travel restricted to SDNY/EDNY; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Drug testing/treatment as directed by PTS; Home incarceration; Location monitoring technology as directed by PTS; Defendant not to possess firearm/destructive device/other weapon; Defendant to be detained until all conditions are met; Step-mother to serve as third party custodian; Defendant may not use any social media (and may not post anything on social media); No contact, directly or indirectly (including by any electronic means) with any persons who are co-defendants except in presence of counsel. ADDITIONAL PROCEEDINGS: Conference before District Judge on 7/12/2021 at noon. (bw) (Entered: 07/08/2021)
7/7/2021Attorney update in case as to Maxwell Smith (10). Attorney Calvin Harold Scholar for Maxwell Smith added. (bw) (Entered: 07/08/2021)
7/7/202135CJA 23 Financial Affidavit by (21-Cr-412-10) Maxwell Smith. APPROVED: (Signed by Magistrate Judge James L. Cott on 7/7/2021); Attorney Calvin Scholar. (bw) (Entered: 07/08/2021)
7/7/2021
  • Order
ORAL ORDER as to (21-Cr-412-3) Deuri Carambot. Status Conference set for 7/12/2021 at 12:00 PM before Judge Jed S. Rakoff. (By Magistrate Judge James L. Cott on 7/7/2021) (bw) (Entered: 07/08/2021)
7/7/2021Minute Entry for proceedings held before Magistrate Judge James L. Cott: Initial Appearance as to Deuri Carambot (3) held on 7/7/2021. Date of Arrest: 7/6/2021, Vol. Surr. AUSA Jacob Gutwillig. Defense Counsel Margaret Shalley (CJA). Proceeding: Presentment. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Conference before District Judge on 7/12/2021 at 12 noon. (bw) (Entered: 07/08/2021)
7/7/2021Attorney update in case as to Deuri Carambot (3). Attorney Margaret M. Shalley for Deuri Carambot added. (bw) (Entered: 07/08/2021)
7/7/202133CJA 23 Financial Affidavit by (21-Cr-412-3) Deuri Carambot. APPROVED: (Signed by Magistrate Judge James L. Cott on 7/7/2021); Attorney Margaret M. Shalley. (bw) (Entered: 07/08/2021)
7/7/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Arraignment as to Jevaun Charles (1) Count 1,2 and Alysha Beltre (2) Count 1,2 and Jason Gonzalez (6) Count 1,2 and Mike Silva (8) Count 1,2 and Daniel Silva (9) Count 1,2 and Kewaannee Williams (12) Count 1,2 held on 7/7/2021. Plea entered by Jevaun Charles (1) Count 1,2 and Alysha Beltre (2) Count 1,2 and Jason Gonzalez (6) Count 1,2 and Mike Silva (8) Count 1,2 and Daniel Silva (9) Count 1,2 and Kewaannee Williams (12) Count 1,2 Not Guilty. Present were Michal Ferguson for the government, Deft #1, Jevaun Charles and his counsel Dona Newman, deft #2 Alysha Beltre and her counsel David TOuger, deft #6, Jason Gonzalez and his counsel Thomas Ambrosio, deft #8 Mike Silva and his counsel Donald Yanella, atty James Roth present on behalf of deft #9, Daniel Silva, deft #12 Kewaannee Williams and his counsel Benjamin Zeman. All defts waive the right to hear the charges read in open court and plead not guilty. Court's decision: An arraignment will be held for the some of the remaining defts on Momaday July 12, 2021 at 12:00pm in courtroom 14B of the Moynihan Courthouse. A trial date is set for February 28, 2022 at 9:30am. Time is excluded in the interest of justice pursuant to Section 3161 of Title 18. (jbo) (Entered: 07/07/2021)
7/6/2021Arrest of Maxwell Smith (10). (bw) (Entered: 07/08/2021)
7/6/2021Arrest of Deuri Carambot (3). (bw) (Entered: 07/08/2021)
7/6/2021Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance as to Shakur Culbert held on 7/6/2021. Defendant present with attorney Patricia Pileggi; AUSA Fergenson is also present. Defendant is detained owing for the reasons set forth on the record as the defendant cannot overcome the presumption of detention. The strength of the evidence against the defendant as well as his criminal history, precludes the setting of conditions at this time. Conference before USDJ at 12:00 on 7/7/21. (jm) (Entered: 07/07/2021)
7/6/2021Attorney update in case as to Shakur Culbert. Attorney Patricia A. Pileggi for Shakur Culbert added. (jm) (Entered: 07/07/2021)
7/6/202131CJA 23 Financial Affidavit by Shakur Culbert appointing cja attorney Patricia Pileggi. (Signed by Magistrate Judge James L. Cott) (jm) (Entered: 07/07/2021)
7/6/2021Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance as to Marlon Watson held on 7/6/2021. Defendant is present with attorney John Buza; AUSA Micah Fergenson is also present. Bail is set as follows: $100,000 PRB; 2 FRP; travel restricted to SDNY/EDNY; surrender travel documents & no new applications; strict PTS supervision; Defendant to submit to urinalysis and. if positive, add condition of drug testing/treatment; home incarceration; location monitoring technology as directed by PTS; Defendant to refrain from contact with co-defendants unless in presence of counsel; Defendant to reside @ mother's residence at 2305 Grand Ave #1F, Bronx, NY; mother to serve as third party custodian. Deft. not to possess firearm/destructive device/other weapon. Detention until all conditions are met. Conference before USDJ on 7/7/21 at 12:00 PM. (jm) (Entered: 07/07/2021)
7/6/2021Attorney update in case as to Marlon Watson. Attorney John Phillip Buza for Marlon Watson added. (jm) (Entered: 07/07/2021)
7/6/202129CJA 23 Financial Affidavit by Marlon Watson appointing cja attorney John Buza. (Signed by Magistrate Judge James L. Cott) (jm) (Entered: 07/07/2021)
7/5/2021Arrest/Surredner of Shakur Culbert. (jm) (Entered: 07/07/2021)
7/5/2021Arrest/Surrender of Marlon Watson. (jm) (Entered: 07/07/2021)
6/29/2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Status Conference via telephonic as to Jevaun Charles, Alysha Beltre, Deuri Carambot, Shakur Culbert, Alvin Fernandez, Jason Gonzalez, Malcolm Rivera, Mike Silva, Daniel Silva, Maxwell Smith, Marlon Watson, Kewaannee Williams held on 6/29/2021 (jw) (Entered: 06/29/2021)
6/29/2021Minute Entry for proceedings held before Judge Jed S. Rakoff: (Telephonic) Pretrial Conference as to Jevaun Charles, Alysha Beltre, Jason Gonzalez, Mike Silva, Daniel Silva, Kewaannee Williams held on 6/29/2021. Present were Donna Newman for deft #1, Charles and covering for Donald Yanella on behalf of deft #8, Mike Silva, David Touger on behalf of deft #2, Alysha Beltre, Thomas Ambrosia for deft #6 Jason Gonzalez, James Roth for deft #9 Daniel Silva, Benjamin Zeman for deft #12 Kewaannee Williams, AUSA Mika Ferguson for the government, court reporter Sonya Moore. Court's decision: An in-court arraignment will be heard in courtroom 14B on July 7, 2021 at 12:00 noon. Time is excluded between July 6, 2021 and July 7, 2021 pursuant to Section 3161 of Title 18, in the interest of justice. Close discovery August 4, 2021, defts' motions due November 1, 2021, Govt's response due November 15, 29021, Argument will be heard November 22, 2201 at 10:30am. (jbo) (Entered: 06/29/2021)
6/29/2021NOTICE OF ATTORNEY APPEARANCE Micah Festa Fergenson appearing for USA. (Fergenson, Micah) (Entered: 06/29/2021)
6/28/2021Appearance Bond Entered as to Mike Silva: $100,000 Personal Recognizance Bond; To be cosigned by two financially responsible persons; Additional conditions.... (jbo) (Entered: 08/31/2021)
6/25/2021Appearance Bond Entered as to Kewaannee Williams: $150,000 Personal Recognizance Bond; To be cosigned by two financially responsible persons; Additional Conditions.... [**Advice of Penalties and Sanctions attached.] (jbo) (Entered: 07/14/2021)
6/25/2021Set/Reset Deadlines/Hearings as to Jevaun Charles, Alysha Beltre, Deuri Carambot, Shakur Culbert, Alvin Fernandez, Jason Gonzalez, Malcolm Rivera, Mike Silva, Daniel Silva, Maxwell Smith, Marlon Watson, Kewaannee Williams: Status Conference set for 6/29/2021 at 02:00 PM before Judge Jed S. Rakoff (jw) (Entered: 06/28/2021)
6/25/2021MEMORANDUM TO THE DOCKET CLERK: A telephonic conference will be held for all defendants on Jun 29, 2021 at 2:00pm. The public may listen by dialing in 888-363-4735, USA toll free, 215-446-3657 international caller paid, Access Code: 1086415 (jw) (Entered: 06/28/2021)
6/23/202127SEALED DOCUMENT placed in vault. (nmo) (Entered: 06/23/2021)
6/22/202159Arrest Warrant Returned Executed on 6/22/21 as to Kewaannee Williams. (jw) (Entered: 08/12/2021)
6/22/2021
  • Order
ORAL ORDER as to (21-Cr-412-12) Kewaannee Williams. Time excluded from 6/22/2021 until 7/6/2021. (By Magistrate Judge Stewart D. Aaron on 6/22/2021) (bw) (Entered: 06/23/2021)
6/22/2021Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Initial Appearance as to Kewaannee Williams (12) held on 6/22/2021. Date of Arrest: 6/22/2021, on writ. AUSA Jacob Gutwillig/Micah Ferguson. Defense Counsel Ben Zeman (CJA). Proceeding: Rule 9. BAIL DISPOSITION: $150,000 PRB; 2 FRP; Travel restricted to SDNY/EDNY; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Drug testing/treatment as directed by PTS; Mental health evaluation/treatment as directed by PTS; Home detention; Electronic monitoring; Defendant to continue or seek employment; Defendant not to possess firearm/destructive device/other weapon; Defendant to be detained until all conditions are met. No contact directly or indirectly with any co-defendants, except in the presence of counsel. ADDITIONAL PROCEEDINGS: Conference before District Judge on 7/6/2021, Control Date. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 7/6/2021. (bw) (Entered: 06/23/2021)
6/22/2021Attorney update in case as to Kewaannee Williams (12). Attorney Benjamin Christopher Zeman for Kewaannee Williams added. (bw) (Entered: 06/23/2021)
6/22/202125CJA 23 Financial Affidavit by (21-Cr-412-12) Kewaannee Williams. APPROVED: (Signed by Magistrate Judge Stewart D. Aaron on 6/22/2021); Attorney Benjamin Zeman. (bw) (Entered: 06/23/2021)
6/22/2021Arrest of Kewaannee Williams (12). (bw) (Entered: 06/23/2021)
6/22/2021
  • Order
ORAL ORDER as to (21-Cr-412-08) Mike Silva. Time excluded from 6/22/2021 until 7/6/2021. (By Magistrate Judge Stewart D. Aaron on 6/22/2021) (bw) (Entered: 06/23/2021)
6/22/2021Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Initial Appearance as to Mike Silva (8) held on 6/22/2021. Detention Hearing as to Mike Silva held on 6/22/2021. Detention Hearing as to Mike Silva held on 6/22/2021. Date of Arrest: 6/21/2021, on writ. AUSA Jacob Gutwillig/Micah Ferguson. Defense Counsel Donald Yannella (CJA). BAIL DISPOSITION: $100,000 PRB; 2 FRP; Travel restricted to SDNY/EDNY; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Drug testing/treatment as directed by PTS; Defendant to continue or seek employment; Defendant not to possess firearm/destructive device/other weapon; Defendant to be detained until all conditions are met. No contact directly or indirectly with any co-defendants, unless in presence of counsel, except may have contact with his father, Daniel Silva, so long as not concerning this case. ADDITIONAL PROCEEDINGS: Conference before District Judge on 7/6/2021, Control Date. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 7/6/2021. (bw) (Entered: 06/23/2021)
6/22/2021Attorney update in case as to Mike Silva (8). Attorney Donald Joseph Yannella, III for Mike Silva added. (bw) (Entered: 06/23/2021)
6/22/202123CJA 23 Financial Affidavit by (21-Cr-412-08) Mike Silva. APPROVED: (Signed by Magistrate Judge Stewart D. Aaron on 6/22/2021); Attorney Donald Yannella. (bw) (Entered: 06/23/2021)
6/22/2021Attorney update in case as to Jason Gonzalez. Attorney Thomas Ambrosio for Jason Gonzalez added. (jbo) (Entered: 06/22/2021)
6/22/202122CJA 23 Financial Affidavit by Jason Gonzalez. CJA Thomas Ambrosio appointed counsel. APPROVED. (Signed by Magistrate Judge Stewart D. Aaron) (jbo) (Entered: 06/22/2021)
6/22/2021Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Initial Appearance as to Jason Gonzalez held on 6/22/2021. Defendant present with CJA counsel Thomas Ambrosio. AUSA Jacob Gutwillig and AUSA Micah Fergenson present for the government. BAIL DISPOSITION: DETENTION ON CONSENT WITHOUT PREJUDICE. Control Date before District Judge on 7/6/22. Speedy trial time excluded until 7/6/21. (jbo) (Entered: 06/22/2021)
6/22/2021Arrest of Jason Gonzalez. (jbo) (Entered: 06/22/2021)
6/22/2021Attorney update in case as to Alysha Beltre. Attorney David Touger for Alysha Beltre added. (jbo) (Entered: 06/22/2021)
6/22/202120CJA 23 Financial Affidavit by Alysha Beltre. CJA David Touger appointed counsel. APPROVED. (Signed by Magistrate Judge Stewart D. Aaron) (jbo) (Entered: 06/22/2021)
6/22/2021Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Initial Appearance as to Alysha Beltre held on 6/22/2021. Defendant present with CJA David Touger. AUSA Jacob Gutwillig and AUSA Micah Fergenson present for the government. BAIL DISPOSITION: DETENTION ON CONSENT WITHOUT PREJUDICE. Control date before District Judge on 7/6/21. Speedy trial time excluded until 7/6/21. (jbo) (Entered: 06/22/2021)
6/22/2021Arrest of Alysha Beltre. (jbo) (Entered: 06/22/2021)
6/22/2021Attorney update in case as to Daniel Silva. Attorney James Michael Roth for Daniel Silva added. (jw) (Entered: 06/22/2021)
6/22/202118CJA 23 Financial Affidavit by Daniel Silva. (Signed by Magistrate Judge Stewart D. Aaron) Attorney James Roth (jw) (Entered: 06/22/2021)
6/22/2021Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron:Initial Appearance on disposition sheet as to Daniel Silva held on 6/22/2021. Deft present with atty James Roth. AUSA Jacob Gutwillig and Micah Ferguson. Detention on consent without prejudice. Speedy Trial Time excluded under 18 USC 3161(h)(7) until 7/6/2021. Next conference set before District Judge on 7/6/2021. (jw) (Entered: 06/22/2021)
6/22/2021Attorney update in case as to Jevaun Charles. Attorney Donna Rita Newman for Jevaun Charles added. (jw) (Entered: 06/22/2021)
6/22/202116CJA 23 Financial Affidavit by Jevaun Charles. (Signed by Magistrate Judge Stewart D. Aaron) Attorney Donna Newman (jw) (Entered: 06/22/2021)
6/22/2021Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron:Initial Appearance on disposition sheet as to Jevaun Charles held on 6/22/2021. Defense counsel Donna Newman. AUSA Jacob Gutwillig. Detention on consent without prejudice. Speedy Trial Time excluded under 18 USC 3161(h)(7) until 7/6/2021. Next conference date set before District Judge on 7/6/2021. (jw) (Entered: 06/22/2021)
6/22/2021Attorney update in case as to Jevaun Charles, Alysha Beltre, Deuri Carambot, Shakur Culbert, Alvin Fernandez, Jason Gonzalez, Malcolm Rivera, Mike Silva, Daniel Silva, Maxwell Smith, Marlon Watson, Kewaannee Williams. Attorney Jacob Harris Gutwillig for USA added. (jm) (Entered: 06/22/2021)
6/22/2021Case as to Jevaun Charles, Alysha Beltre, Deuri Carambot, Shakur Culbert, Alvin Fernandez, Jason Gonzalez, Malcolm Rivera, Mike Silva, Daniel Silva, Maxwell Smith, Marlon Watson, Kewaannee Williams ASSIGNED to Judge Jed S. Rakoff. (jm) (Entered: 06/22/2021)
6/22/2021Case Designated ECF as to Jevaun Charles, Alysha Beltre, Deuri Carambot, Shakur Culbert, Alvin Fernandez, Jason Gonzalez, Malcolm Rivera, Mike Silva, Daniel Silva, Maxwell Smith, Marlon Watson, Kewaannee Williams. (jm) (Entered: 06/22/2021)
6/22/2021INDICTMENT UNSEALED as to Jevaun Charles, Alysha Beltre, Deuri Carambot, Shakur Culbert, Alvin Fernandez, Jason Gonzalez, Malcolm Rivera, Mike Silva, Daniel Silva, Maxwell Smith, Marlon Watson, Kewaannee Williams. (jm) (Entered: 06/22/2021)
6/22/2021
  • Order
Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4, Sealed Defendant 5, Sealed Defendant 6, Sealed Defendant 7, Sealed Defendant 8, Sealed Defendant 9, Sealed Defendant 10, Sealed Defendant 11, Sealed Defendant 12. (Signed by Magistrate Judge Stewart D. Aaron on 6/22/21)(jm) (Entered: 06/22/2021)
6/17/2021SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, Sealed Defendant 2 (2) count(s) 1, 2, Sealed Defendant 3 (3) count(s) 1, 2, Sealed Defendant 4 (4) count(s) 1, 2, Sealed Defendant 5 (5) count(s) 1, 2, Sealed Defendant 6 (6) count(s) 1, 2, Sealed Defendant 7 (7) count(s) 1, 2, Sealed Defendant 8 (8) count(s) 1, 2, Sealed Defendant 9 (9) count(s) 1, 2, Sealed Defendant 10 (10) count(s) 1, 2, Sealed Defendant 11 (11) count(s) 1, 2, Sealed Defendant 12 (12) count(s) 1, 2. (jm) (Entered: 06/22/2021)