USA v. ALMONTE

1:21-cr-00496 | New York Southern District Court

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Division Foley Square
Judge Judge Lewis J. Liman
Filed Aug. 4, 2021
Terminated Nov. 27, 2023
Case Flags CLOSED and ECF
Last Updated: 2 months ago Show Interactive Timeline
Filing Date # Docket Text
11/29/2023CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Fausto Espinosa Almonte. (Signed by Judge Lewis J. Liman on 11/9/2023) (See ORDER as set forth) (lnl) (Entered: 11/29/2023)
11/29/2023CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Franklyn Espinosa Almonte. (Signed by Judge Lewis J. Liman on 11/9/2023) (See ORDER as set forth) (lnl) (Entered: 11/29/2023)
11/27/2023
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Fausto Espinosa Almonte (2). The defendant pleaded guilty to count 1 of the Indictment. IMPRISONMENT: One hundred twenty (120) months imprisonment. The court makes the following recommendations to the Bureau of Prisons: Defendant be designated to FCI Danbury in Connecticut. 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 Lewis J. Liman on 11/9/2023) (lnl) (Entered: 11/27/2023)
11/27/2023
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Franklyn Espinosa Almonte (1). The defendant pleaded guilty to count 1 of the Indictment. IMPRISONMENT: Eighty-three (83) months imprisonment on Count 1 in 21CR496, to run consecutively to a term of one (1) month imprisonment on violation specification 1 of the violation of supervised release in case 21CR533, for a total of eighty-four (84) months imprisonment. The court makes the following recommendations to the Bureau of Prisons: Defendant be designated to FCI Danbury in Connecticut. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Four (4) years on Count 1 in 21CR496, to run concurrently to a term of four (4) years on violation specification 1 of the violation of supervised release in case 21CR533, for a total of four (4) years of Supervised Release. ASSESSMENT: $100.00 due immediately. (Signed by Judge Lewis J. Liman on 11/9/2023) (lnl) (Entered: 11/27/2023)
11/20/2023
  • Order
ORDER as to Franklyn Espinosa Almonte. The Court imposed sentence in these related cases on November 9, 2023. The Court orally imposed the mandatory special assessment of $100 on 21-CR-496 but neglected to impose the $100 special assessment on the violation of supervised release, 21-CR-533. The $100 special assessment is mandatory. The parties shall inform the Court by November 22, 2023, whether they object to the Court amending the sentence, pursuant to Fed. R. Cr. P. 35(a), to include the mandatory $100 special assessment on 21-CR-533. (Signed by Judge Lewis J. Liman on 11/20/23)(jw) (Entered: 11/20/2023)
11/9/2023Minute Entry for proceedings held before Judge Lewis J. Liman: Sentencing held on 11/9/2023 for Franklyn Espinosa Almonte (1) Count 1 and Fausto Espinosa Almonte (2) Count 1. Defendant (1), Franklyn Espinosa Almonte, present (in custody) with CJA attorney, David Touger. Defendant (2), Fausto Espinosa Almonte, present (in custody) with CJA attorney, Sanford Talkin. Court certified Spanish interpreters Jill Hoskins and Christina Potter present, as translators for both defendants. AUSAs Michael Herman and Mitzi Steiner present. U.S. Probation Officer Marcela Tavarez present. U.S. Postal Inspection Officer Robert Brown present. Court reporter present. Defendant (1), Franklyn Espinosa Almonte sworn, arraigned on violation specification 1 of the Violation of Supervised Release, waives public reading, and pleads Guilty to violation specification 1 of the Violation of Supervised Release. The Court notified defendants of right to appeal. Defendants to remain in the custody of the United States Marshals. See Judgment. (lnl) (Entered: 11/27/2023)
11/8/2023NOTICE OF HEARING as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte: The Sentencing hearing scheduled for November 9, 2023 is MOVED to 11:30 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf) (Entered: 11/08/2023)
11/3/2023
  • Order
ORDER as to Franklyn Espinosa Almonte: The Court intends to arraign Franklyn Espinosa Almonte on the violation of supervised release related to 21 CR 533 at the same time as the sentencing hearing in this matter on November 9, 2023. Furthermore, assuming there is no objection from parties, the Court would be prepared to take a plead from Mr. Espinosa Almonte to the violation specifications of the violation of supervised release and to sentence Mr. Espinosa Almonte at the same time as sentencing in this matter. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/3/2023) (lnl) (Entered: 11/03/2023)
11/2/2023SENTENCING SUBMISSION by USA as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte. (Steiner, Mitzi) (Entered: 11/02/2023)
10/26/2023SENTENCING SUBMISSION by Fausto Espinosa Almonte. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Talkin, Sanford) (Entered: 10/26/2023)
10/26/2023
  • Motion
LETTER MOTION addressed to Judge Lewis J. Liman from David Touger dated October 26, 2023 re: Sentencing Memorandum. Document filed by Franklyn Espinosa Almonte. (Attachments: # 1 Exhibit letter from defendant in Spanish, # 2 Exhibit letter from defendant translation, # 3 Exhibit letters from friends and family in Spanish, # 4 Exhibit Translation of friends and family letters, # 5 Exhibit Course Certificates)(Touger, David) (Entered: 10/26/2023)
7/5/2023***DELETED DOCUMENT. Deleted document number 93,94 Transcript as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa. Transcript deleted as per an email sent to Criminal Case Ops box on 7/5/2023 (jw) (Entered: 07/05/2023)
6/27/2023Terminate Deadlines and Hearings as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte: Pretrial Conference. (mf) (Entered: 09/27/2023)
6/27/2023
  • Order
Oral Order of Referral to Probation for Presentence Investigation and Report as to Franklyn Espinosa Almonte. (Signed by Judge Lewis J. Liman on 6/27/2023) (ap) (Entered: 06/29/2023)
6/27/2023Minute Entry for proceedings held before Judge Lewis J. Liman: Plea entered by Franklyn Espinosa Almonte (1) Guilty of Lesser Offense as to Count 1. (ap) (Entered: 06/29/2023)
6/27/2023Minute Entry for proceedings held before Judge Lewis J. Liman: Change of Plea Hearing as to Franklyn Espinosa Almonte held on 6/27/2023. Defendant (1), Franklyn Espinosa Almonte, present (in custody) with CJA attorney, David Touger. Court certified Spanish interpreter Dagoberto Orrantia present, as translator for defendant. AUSA Michael Herman present. Court reporter present. Defendant sworn, withdraws previous plea of Not Guilty and enters a plea of Guilty to the lesser included offense to Count 1 of the indictment. Court Exhibit #2 - Plea Agreement. Defendant to remain in custody pending sentencing. PSI ordered, presentence interview must be held with defense counsel present. Sentencing set for November 9, 2023 at 11:00 AM in Courtroom 15C at the 500 Pearl Street Courthouse before Judge Lewis J. Liman (Sentencing set for 11/9/2023 at 11:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman) (ap) (Entered: 06/29/2023)
6/27/2023
  • Order
Oral Order of Referral to Probation for Presentence Investigation and Report as to Fausto Espinosa Almonte (Signed by Judge Lewis J. Liman on 6/27/2023) (ap) (Entered: 06/29/2023)
6/27/2023Minute Entry for proceedings held before Judge Lewis J. Liman: Plea entered by Fausto Espinosa Almonte (2) Guilty of Lesser Offense as to Count 1. (ap) (Entered: 06/29/2023)
6/27/2023Minute Entry for proceedings held before Judge Lewis J. Liman: Change of Plea Hearing as to Fausto Espinosa Almonte held on 6/27/2023. A conference in this matter will take place on August 24, 2023, at 2:30 p.m. in Courtroom 705 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York. As stated at today's conference, Defendant Yiyi Chen will make any further submission with respect to her bail application by July 5, 2023. The Government will file any response by July 7, 2023. The bail hearing will resume on July 12, 2023, at 4:00 p.m. (Sentencing set for 11/9/2023 at 11:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman) (ap) (Entered: 06/29/2023)
6/20/2023NOTICE OF HEARING as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte: A Change of Plea Hearing is scheduled for June 27, 2023 at 2:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf) (Entered: 06/20/2023)
5/30/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte. Notice is hereby given that an official transcript of a Conference proceeding held on 4/11/2023 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: 05/30/2023)
5/30/2023TRANSCRIPT of Proceedings as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte re: Conference held on 4/11/2023 before Judge Lewis J. Liman. Court Reporter/Transcriber: Doug Colavito, (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 6/20/2023. Redacted Transcript Deadline set for 6/30/2023. Release of Transcript Restriction set for 8/28/2023. (McGuirk, Kelly) (Entered: 05/30/2023)
4/17/2023 LETTER by Fausto Espinosa Almonte as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte addressed to Clerk of Courts from Fausto Espinoso Almonte dated 3/30/2023 re: Defendant writes regarding search warrant, requesting videos. Document filed by Fausto Espinosa Almonte. (ap) Modified on 4/18/2023 (ap). (Entered: 04/17/2023)
4/13/2023
  • Order
ORDER as to (21-Cr-496-2) Fausto Espinosa Almonte. The Court has received a letter in the mail from Defendant Fausto Espinosa Almonte enclosing a copy of the telephonic search warrant issued by Magistrate Judge Lehrburger on August 2, 2021, as well as a form letter which includes a specific request. The submission is consistent with those described to the Court at the hearing on April 11, 2023 and does not change the Court's decision as to the motion for new counsel. The Court has provided a copy of the letter to counsel for Mr. Fausto Espinosa Almonte and has filed it under seal. Counsel is directed to inform the Court by no later than April 20, 2023 whether it objects to the letter and its attachments being publicly filed. In the absence of objection, the Court will file the letter and its attachments publicly. Defendants are advised that they are to address the Court only through counsel. SO ORDERED. ( Responses due by 4/20/2023 )(Signed by Judge Lewis J. Liman on 4/13/2023)(bw) (Entered: 04/13/2023)
4/11/2023Minute Entry for proceedings held before Judge Lewis J. Liman:Status Conference as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte held on 4/11/2023. Defendant (1), Franklyn Espinosa Almonte, present (in custody) with CJA attorney, David Touger. Defendant (2), Fausto Espinosa Almonte, present (in custody) with CJA attorney, Sanford Talkin. Court certified Spanish interpreter Gabriel Mitre present, as translator for both defendants. Standby CJA counsel David Stern present. AUSA Michael Herman present. Court reporter present. The Court sealed the courtroom to inquire with defendant Mr. Fausto Espinosa regarding his application for new counsel to be assigned and issues with current counsel. After an extended colloquy with CJA counsel Mr. Talkin and his client Mr. Franklin Espinosa, the Court denies defendant's application for new counsel for the reasons as stated on the record and in accordance with factors as set forth in United States v. John Doe No. 1. Standby CJA counsel Mr. Stern is excused, with thanks of the Court. CJA Mr. Talkin to remain as counsel for Mr. Fausto Espinosa. (jw) (Entered: 04/12/2023)
4/10/2023Transmission to Sealed Records Clerk: as to (21-Cr-496-2) Fausto Espinosa Almonte. Transmitted re: 88 ORDER, to the Sealed Records Clerk for the sealing of document. (bw) (Entered: 04/10/2023)
4/10/2023
  • Order
ORDER as to (21-Cr-496-2) Fausto Espinosa Almonte. The Court is in receipt of a letter from the Defendant in this matter dated March 30, 2023. A copy of the letter has been provided to their counsel via email. The letter will be filed under seal. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/10/2023)(bw) (Entered: 04/10/2023)
3/31/202387SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/31/2023)
3/31/202386SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/31/2023)
3/30/2023NOTICE OF HEARING (RESCHEDULED HEARING) as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte. The Status Conference previously set for April 6, 2023 is RESCHEDULED to April 11, 2023 at 3:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf) (Entered: 03/30/2023)
3/24/2023
  • Order
ORDER as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte. The Court has received a letter from defendant Fausto Espinosa Almonte, complaining that his attorney has not visited him for four months and seeking an order substituting a new counsel. The Court has provided a copy of that letter to defense counsel and has filed it under seal. The Court will hold a status conference to address the matter on April 6, 2023 at 2:00PM in Courtroom 15C at the 500 Pearl Street Courthouse. The Second Circuit has held that "where a defendant voices a seemingly substantial complaint about counsel, the court should inquire into the reasons for dissatisfaction." McKee v. Harris, 649 F.2d 927, 933 (2d Cir.1981). At the same time, however, the defendant does not have a right to repeatedly replace counsel, substituting one for another seriatim until he has found the ideal lawyer of his choice. The Court has set a firm trial date in this case. If Mr. Fausto Espinosa Almonte continues to be dissatisfied with his counsel, the Court will analyze the request under the four-factor test set forth by the Second Circuit: (1) whether defendant made a timely motion requesting new counsel; (2) whether the trial court adequately inquired into the matter; (3) whether the conflict between the defendant and his attorney was so great that it resulted in a total lack of communication preventing an adequate defense; and (4) whether the defendant substantially and unjustifiably contributed to a breakdown in communication. See United States v. John Doe No. 1, 272 F.3d 116 (2d Cir. 2001). SO ORDERED. ( Status Conference set for 4/6/2023 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. )(Signed by Judge Lewis J. Liman on 3/24/2023)(bw) (Entered: 03/24/2023)
3/23/2023
  • Order
ORDER as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte: The Court is in receipt of another letter from Defendants in this matter. A copy of the letter has been provided to their counsel via email. The letter will be filed under seal with the previously received letter. (Signed by Judge Lewis J. Liman on 3/23/2023) (ap) (Entered: 03/23/2023)
1/25/2023
  • Order
ORDER as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte: The Court is in receipt of a letter from Defendants in this matter. A copy of the letter has been provided to their counsel via email. Defendants' counsel are directed to notify the Court if they have any objection to the letter being filed to the public docket. (Signed by Judge Lewis J. Liman on 1/25/2023) (ap) (Entered: 01/25/2023)
12/28/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte. Notice is hereby given that an official transcript of a Conference proceeding held on 11/29/22 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: 12/28/2022)
12/28/2022TRANSCRIPT of Proceedings as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte re: Conference held on 11/29/22 before Judge Lewis J. Liman. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/18/2023. Redacted Transcript Deadline set for 1/30/2023. Release of Transcript Restriction set for 3/28/2023. (Moya, Goretti) (Entered: 12/28/2022)
11/29/2022Minute Entry for proceedings held before Judge Lewis J. Liman: Status Conference as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte held on 11/29/2022. Defendant (1), Franklyn Espinosa Almonte, present (in custody) with CJA attorney, David Touger. Defendant (2), Fausto Espinosa Almonte, present (in custody) with CJA attorney, Sanford Talkin. Court certified Spanish interpreter Humberto Garcia present, as translator for both defendants. AUSA Michael Herman present. Court reporter present. The Court adjourned the trial date and all pretrial deadlines. Requests to charge, proposed voir dire and in limine motions are due by September 22, 2023. Objections to requests to charge and proposed voir dire and responses to motions in limine are due by September 29, 2023. Parties to meet and confer regarding a schedule for exhibits and 3500 materials. The Final Pretrial Conference is rescheduled to October 4, 2023 at 2:00PM in Courtroom 15C before Judge Lewis J. Liman. The Jury Trial is rescheduled to October 10, 2023 at 9:00AM in Courtroom 15C before Judge Lewis J. Liman. The Court, on application from the Government and consent of defendants, excludes time from November 29, 2022 until October 10, 2023 pursuant to the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(A), upon a finding that the interest of justice outweighs the interest of the public and the defendants in a speedy trial, in that the time between now and October 10 will allow parties to prepare for trial and to discuss a potential pretrial disposition. (Motions due by 9/22/2023. Responses due by 9/29/2023, Jury Trial set for 10/10/2023 at 09:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. Pretrial Conference set for 10/4/2023 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman) (ap) (Entered: 11/30/2022)
11/18/2022
  • Scheduling Order
SCHEDULING ORDER as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte. The Status Conference previously set for November 21, 2022 is rescheduled to November 29, 2022 at 10:00AM in Courtroom 15C at the 500 Pearl Street Courthouse. All parties are to be prepared to discuss the trial schedule. SO ORDERED. ( Status Conference set for 11/29/2022 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. )(Signed by Judge Lewis J. Liman on 11/18/2022)(bw) (Entered: 11/18/2022)
11/17/2022NOTICE OF ATTORNEY APPEARANCE: Sanford N. Talkin appearing for Fausto Espinosa Almonte. Appearance Type: CJA Appointment. (Talkin, Sanford) (Entered: 11/17/2022)
11/17/2022Minute Entry for proceedings held before Judge Lewis J. Liman: Status Conference as to Fausto Espinosa Almonte held on 11/17/2022. Defendant (2), Fausto Espinosa Almonte, present (in custody) with CJA attorney Valerie Gotlib. CJA attorney Sanford Talkin (as incoming counsel) present. Court certified Spanish interpreter Humberto Garcia present, as translator for defendant. AUSA Mitzi Steiner present. Court reporter present. The Court heard from parties regarding defendant's counsel's application to withdraw as counsel. With no objection from defendant or the Government, the Court grants the application for withdrawal of counsel and relieves CJA attorney Valerie Gotlib as counsel for Defendant. The Court appoints CJA attorney Sanford Talkin as new counsel for Defendant. Parties are to meet and confer regarding a potential new date for trial and to be prepared to discuss scheduling at the next conference. A Status Conference is set for November 21, 2022 at 2:00PM in Courtroom 15C before Judge Lewis J. Liman. (Status Conference set for 11/21/2022 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman) Added attorney Sanford N. Talkin for Fausto Espinosa Almonte. Attorney Valerie Alice Gotlib terminated in case as to Fausto Espinosa Almonte. (ap) (Entered: 11/17/2022)
11/15/2022
  • Order
MEMO ENDORSEMENT as to (21-Cr-496-2) Fausto Espinosa Almonte on re: 77 LETTER MOTION filed by Fausto Espinosa Almonte addressed to Judge Lewis J. Liman from Attorney Valerie A. Gotlib dated November 14, 2022 re: Appointment of New CJA Counsel. ENDORSEMENT: A Change of Counsel hearing is scheduled for Thursday, November 17, 2022 at 2:00PM in Courtroom 15C. SO ORDERED. ( Status Conference set for 11/17/2022 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. )(Signed by Judge Lewis J. Liman on 11/15/2022)(bw) (Entered: 11/15/2022)
11/14/2022
  • Motion
LETTER MOTION addressed to Judge Lewis J. Liman from Valerie A. Gotlib dated November 14, 2022 re: Appointment of New CJA Counsel . Document filed by Fausto Espinosa Almonte. (Gotlib, Valerie) (Entered: 11/14/2022)
10/28/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte. Notice is hereby given that an official transcript of a Conference proceeding held on 9/14/2022 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: 10/28/2022)
10/28/2022TRANSCRIPT of Proceedings as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte re: Conference held on 9/14/2022 before Judge Lewis J. Liman. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/18/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/26/2023. (McGuirk, Kelly) (Entered: 10/28/2022)
9/14/2022Minute Entry for proceedings held before Judge Lewis J. Liman: Status Conference as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte held on 9/14/2022. Defendant (1), Franklyn Espinosa Almonte, present (in custody) with CJA attorney, David Touger. Defendant (2), Fausto Espinosa Almonte, present (in custody) with CJA attorney, Valerie Gotlib (appearing by telephone). Court certified Spanish interpreter Humberto Garcia present, as translator for both defendants. AUSAs Mitzi Steiner and Michael Herman present. Court reporter present. Defendant, Fausto Espinosa Almonte, consented to proceeding with attorney appearing remotely by telephone. The deadline for either party to submit authority if they believe the Judge should recuse himself from this matter is September 23, 2022. The Court denied the motion for bond regarding defendant Franklyn Espinosa Almonte for the reasons as set forth on the record. Requests to charge, proposed voir dire and in limine motions due by July 10, 2023. Objections to requests to charge and proposed voir dire and responses to motions in limine due by July 17, 2023. Final Pretrial Conference set for July 19, 2023 at 2:00PM in Courtroom 15C before Judge Lewis J. Liman. Jury Trial set for July 24, 2023 at 9:00AM in Courtroom 15C before Judge Lewis J. Liman. The Court, on application from the Government and consent of defendants, excludes time from September 14, 2022 until July 24, 2023 pursuant to the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(A), upon a finding that the interest of justice outweighs the interest of the public and the defendants in a speedy trial, in that the time between now and July 24 will allow defendants and defense counsel to review discovery, parties to prepare for trial, and parties to discuss a potential pretrial disposition. (jbo) (Entered: 09/16/2022)
9/13/2022
  • Order
MEMO ENDORSEMENT 73 LETTER MOTION addressed to Judge Lewis J. Liman from Valerie A. Gotlib dated September 13, 2022 re: permission for counsel for co-defendant to stand in at conference and permission to attend conference telephonically....ENDORSEMENT...Request GRANTED. SO ORDERED (Signed by Judge Lewis J. Liman on 9/13/22) (jw) (Entered: 09/13/2022)
9/13/2022
  • Motion
LETTER MOTION addressed to Judge Lewis J. Liman from Valerie A. Gotlib dated September 13, 2022 re: permission for counsel for co-defendant to stand in at conference and permission to attend conference telephonically . Document filed by Fausto Espinosa Almonte. (Gotlib, Valerie) (Entered: 09/13/2022)
9/9/2022
  • Scheduling Order
SCHEDULING ORDER as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte. A Status Conference will be held in this matter on September 14, 2022 at 10:00AM in Courtroom 15C at the 500 Pearl Street Courthouse. In addition to discussing the status of this case, parties should be prepared to discuss trial dates and the motion for bail (Status Conference set for 9/14/2022 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 9/9/2022)(jw) (Entered: 09/09/2022)
9/7/2022LETTER RESPONSE in Opposition by USA as to Franklyn Espinosa Almonte addressed to Judge Lewis J. Liman from USA dated 9/7/2022 re: 56 MOTION for Bond .. (Attachments: # 1 Exhibit A - Flight Records)(Herman, Michael) (Entered: 09/07/2022)
9/7/2022NOTICE OF CASE REASSIGNMENT as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa to Judge Lewis J. Liman. Judge John F. Keenan no longer assigned to the case. (jw) (Entered: 09/07/2022)
9/1/2022NOTICE OF ATTORNEY APPEARANCE: Valerie Alice Gotlib appearing for Fausto Espinosa Almonte. Appearance Type: CJA Appointment. (Gotlib, Valerie) (Entered: 09/01/2022)
8/31/2022
  • Order
ORDER as to Fausto Espinosa Almonte. The CJA atty assigned to this case Michael Hueston is hereby ordered substituted and the representation of the defendant in the above captioned matter is assigned to Valerie Gotlib, NUNC-PRO-TUNC (Signed by Judge John F. Keenan on 8/31/22)(jw) (Entered: 09/01/2022)
8/31/2022Minute Entry for proceedings held before Judge John F. Keenan: Pretrial Conference as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte held on 8/31/2022. Defendant Franklyn Espinosa Almonte present with attorney David Touger and Spanish interpreter. Defendant Fausto Espinosa Almonte present with attorney Michael Hueston and Spanish interpreter. AUSA Michael Herman present. Court reporter Sonya Ketter Moore present. Pretrial conference held. Mr. Hueston's request to be relieved as counsel is granted. CJA Valerie Gotlib is appointed to represent Mr. Fausto Espinosa Almonte. Trial adjourned from October 4, 2022 to November 17, 2022 at 10:30 a.m. Time excluded between 8/31/22 and 11/17/22 Both defendants continued detained. (jbo) (Entered: 08/31/2022)
8/26/2022
  • Order
ORDER as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte: A status conference is set for August 31, 2022 at 11 :45 a.m. in person, in Courtroom 20-C. The purpose of this conference is to discuss the status of this case. (Status Conference set for 8/31/2022 at 11:45 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan) (Signed by Judge John F. Keenan on 8/26/2022) (ap) (Entered: 08/26/2022)
8/25/2022FIRST LETTER MOTION addressed to Judge John F. Keenan from Michael Hueston, Esq. dated August 25, 2022 re: 62 Order, Add and Terminate Attorneys, Terminate Motions,,,,,,,,,,,, re: Request to be relieved as CJA counsel and have new CJA counsel appointed . Document filed by Fausto Espinosa Almonte. (Hueston, Michael) (Entered: 08/25/2022)
8/24/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Isaul Espinosa. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/13/2022 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: 08/24/2022)
8/24/2022TRANSCRIPT of Proceedings as to Isaul Espinosa re: Sentence held on 7/13/2022 before Judge John F. Keenan. Court Reporter/Transcriber: Martha Martin, (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 9/14/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/22/2022. (McGuirk, Kelly) (Entered: 08/24/2022)
8/23/2022
  • Motion for Protective Order
PROTECTIVE ORDER as to Franklyn Espinosa Almonte...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge John F. Keenan on 8/23/2022) (ap) (Entered: 08/23/2022)
8/23/2022
  • Order
ORDER as to Fausto Espinosa Almonte: By letter dated August 23, 2022, Andrew M. J. Bernstein ("Bernstein") moves to withdraw as counsel for Defendant Fausto Espinosa Almonte ("Almonte") and requests that new counsel be appointed pursuant to Criminal Justice Act ("CJA"), 18 U.S.C. § 3006A. (ECF No. 61.) In support of the motion, Bernstein represents that communication between himself and Almonte has "completely broken down" and Almonte has requested that "new CJA counsel be appointed." (Id.) On August 22, 2022, the Court received a letter from Almonte requesting that new counsel be appointed to represent him. Accordingly, Bernstein's request to withdraw is GRANTED. Bernstein is relieved as counsel for Almonte. It is further ORDERED that Michael Hueston be appointed to represent Almonte in the above-captioned matter, pursuant to the CJA, effective today, August 23, 2022. Added attorney Michael Oliver Hueston for Fausto Espinosa Almonte. Attorney Andrew M. J. Bernstein terminated in case as to Fausto Espinosa Almonte. (Signed by Judge John F. Keenan on 8/23/2022) (ap) (Entered: 08/23/2022)
8/23/2022FIRST LETTER MOTION addressed to Judge John F. Keenan from Andrew Bernstein on behalf of Fausto Espinosa Almonte dated 2022-08-23 re: Request for new CJA counsel to be appointed . Document filed by Fausto Espinosa Almonte. (Bernstein, Andrew) (Entered: 08/23/2022)
8/22/2022
  • Motion for Protective Order
MOTION for Protective Order . Document filed by USA as to Franklyn Espinosa Almonte. (Attachments: # 1 Text of Proposed Order Protective Order)(Steiner, Mitzi) (Entered: 08/22/2022)
8/22/2022
  • Order
ORDER as to Franklyn Espinosa Almonte: By letter dated August 18, 2022, Jonathan Marvinny("Marvinny") of the Federal Defenders of New York ("Federal Defenders") moves to withdraw as counsel for Defendant Franklyn Espinosa Almonte ("Almonte") and requests that new counsel be appointed pursuant to Criminal Justice Act ("CJA"), 18 U.S.C. §3006A. (ECF No. 58.) In support of the motion, Marvinny represents that "Almonte [has] inform[ed] me that he has no faith in my ability to represent him going forward, and communication between us has completely broken down." (Id.) On August 22, 2022, the Court received a letter from Almonte requesting that new counsel be appointed to represent him. Accordingly, Marvinny's request to withdraw is GRANTED. Marvinny and the Federal Defenders are relieved as counsel for Almonte. It is further ORDERED that David Touger be appointed to represent Almonte in the above-captioned matter, pursuant to the CJA, effective today, August 22, 2022. Added attorney David Touger for Franklyn Espinosa Almonte. Attorney Jonathan Andrew Marvinny terminated in case as to Franklyn Espinosa Almonte. (Signed by Judge John F. Keenan on 8/22/2022) (ap) Modified on 8/23/2022 (ap). Modified on 8/23/2022 (ap). (Entered: 08/22/2022)
8/18/2022
  • Motion
LETTER MOTION addressed to Judge John F. Keenan from Jonathan Marvinny dated August 18, 2022 re: Appoint CJA counsel . Document filed by Franklyn Espinosa Almonte. (Marvinny, Jonathan) (Entered: 08/18/2022)
8/17/2022
  • Order
ORDER as to Franklyn Espinosa Almonte. On August 16, 2022, Defendant Franklyn Espinosa Almonte ("Almonte") filed a motion to revoke Magistrate Judge Robert W. Lehrburger's detention order pursuant to 18 U.S.C. § 3145(b). (ECF No. 56.) The Government is directed to file a response to Alrnonte's motion by no later than September 7, 2022. Almonte's reply, if any, is due on or before September 14, 2022 (Defendant Replies due by 9/14/2022., Government Responses due by 9/7/2022) (Signed by Judge John F. Keenan on 8/17/22)(jw) (Entered: 08/17/2022)
8/16/2022
  • Motion
MOTION for Bond . Document filed by Franklyn Espinosa Almonte. (Marvinny, Jonathan) (Entered: 08/16/2022)
7/18/2022
  • Motion for Judgment
JUDGMENT In A Criminal Case as to Isaul Espinosa (3). The defendant pleaded guilty to Count(s) 1. Imprisonment: Sixty (60) months. (The defendant is to receive credit for time served.) Supervised release: Three (3) years. The defendant is remanded to the custody of the United States Marshal. Assessment: $100.00 due immediately. (Signed by Judge John F. Keenan on 7/18/22)(jbo) (Entered: 07/18/2022)
7/13/2022Minute Entry for proceedings held before Judge John F. Keenan: Sentencing held on 7/13/2022 for Isaul Espinosa (3) Count 1. Defendant Isaul Espinosa present with attorney Mr. Velez. AUSA Michael Herman present. Court reporter Martha Martin present. Defendant is sentenced as follows: Incarceration: 60 months; Supervised Release: 3 years; Special Assessment: $100. Defendant continued detained. (jbo) (Entered: 07/18/2022)
7/11/2022
  • Order
ORDER as to Isaul Espinosa. The sentence has been rescheduled from July 12, 2022 to Wednesday, July 13, 2022 at 11:30 a.m. in Courtroom 20-C. (Sentencing set for 7/13/2022 at 11:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan) (Signed by Judge John F. Keenan on 7/11/2022) (ap) (Entered: 07/11/2022)
7/6/2022SENTENCING SUBMISSION by USA as to Isaul Espinosa. (Steiner, Mitzi) (Entered: 07/06/2022)
7/6/2022Sentencing Letter by Isaul Espinosa addressed to JOHN F KEENAN from RUDY VELEZ dated JULY 6 2022 re: SENTENCING. (Velez, Rudy) (Entered: 07/06/2022)
7/6/2022Sentencing Letter by Isaul Espinosa addressed to John f Keenan from rudy velez dated July 6 2022 re: sentencing. (Velez, Rudy) (Entered: 07/06/2022)
6/30/2022
  • Order
ORDER as to Isaul Espinosa. The sentencing submissions are due by close of business Wednesday, July 6, 2022 (Signed by Judge John F. Keenan on 6/30/22)(jw) (Entered: 06/30/2022)
6/30/2022
  • Order
ORDER as to Isaul Espinosa. The sentence, set for July 12, 2022, has been rescheduled from 11:15am to 12:30pm in Courtroom 20-C (Sentencing set for 7/12/2022 at 12:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 6/30/22)(jw) (Entered: 06/30/2022)
5/24/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte. Notice is hereby given that an official transcript of a Conference proceeding held on 4/28/22 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: 05/24/2022)
5/24/2022TRANSCRIPT of Proceedings as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte re: Conference held on 4/28/22 before Judge John F. Keenan. Court Reporter/Transcriber: Alena Lynch, (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 6/14/2022. Redacted Transcript Deadline set for 6/24/2022. Release of Transcript Restriction set for 8/22/2022. (Moya, Goretti) (Entered: 05/24/2022)
4/28/2022Minute Entry for proceedings held before Judge John F. Keenan: Pretrial Conference as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte held on 4/28/2022. Defendant Franklyn Espinosa Almonte present with attorney Jonathan Marvinny and Spanish interpreter. Defendant Fausto Espinosa Almonte present with attorney Andrew Bernstein and Spanish interpreter. AUSA Mitzi Steiner and AUSA Michael Herman present. Court reporter Alena Lynch present. Pretrial conference held. Defense motions due 5/10/22. Government response due 5/24/22. Trial date set: 10/4/22 at 10:30 a.m. Time excluded between 4/28/22 and 10/4/22. Both defendants continued detained. (jbo) (Entered: 04/28/2022)
4/22/2022
  • Order
ORDER as to Isaul Espinosa... IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge John F. Keenan on 4/22/22)(jbo) (Entered: 04/25/2022)
4/21/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Isaul Espinosa. Notice is hereby given that an official transcript of a Conference proceeding held on 4/12/22 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: 04/21/2022)
4/21/2022TRANSCRIPT of Proceedings as to Isaul Espinosa re: Conference held on 4/12/22 before Magistrate Judge Ona T. Wang. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022. (Moya, Goretti) (Entered: 04/21/2022)
4/18/2022
  • Motion
LETTER MOTION addressed to Judge John F. Keenan from Mitzi Steiner dated April 18, 2022 re: Plea Acceptance . Document filed by USA as to Isaul Espinosa. (Attachments: # 1 Exhibit A - Transcript, # 2 Exhibit B - Proposed Order)(Steiner, Mitzi) (Entered: 04/18/2022)
4/12/2022CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Isaul Espinosa. (jw) (Entered: 04/14/2022)
4/12/2022Minute Entry for proceedings held before Magistrate Judge Ona T. Wang as to Isaul Espinosa; Sentencing set for 7/12/2022 at 11:15 AM before Judge John F. Keenan. (jw) (Entered: 04/14/2022)
4/12/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Isaul Espinosa. (Signed by Magistrate Judge Ona T. Wang on 4/12/22)(jw) (Entered: 04/14/2022)
4/12/2022Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Plea entered by Isaul Espinosa (3) Guilty as to Count 1. (jw) (Entered: 04/14/2022)
4/12/2022Change of Not Guilty Plea to Guilty Plea as to Isaul Espinosa (3) Count 1. (jw) (Entered: 04/14/2022)
4/12/2022Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Change of Plea Hearing on disposition sheet as to Isaul Espinosa held on 4/12/2022. Defendant present with counsel Rudy Valez. AUSA Mitzi Steiner present for the Government. Defendant enters a plea of GUILTY to defendant enters a guilty plea to Count One of the Indictment. Magistrate Judge Wang accepts the plea. Court reporter present. PSI ordered. Detention continued. Sentencing date set for 7/12/22 at 11:15am (jw) (Entered: 04/14/2022)
4/6/2022
  • Order
ORDER as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa.. (Signed by Magistrate Judge Jennifer E Willis on 4/6/2022)(dif) (Entered: 04/15/2022)
3/31/2022
  • Order
ORDER as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa. The conference is adjourned from April 27 to April 28, 2022 at 11:15 a.m. in in person, in Courtroom 20-C. SO ORDERED. (Status Conference set for 4/28/2022 at 11:15 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 3/31/22)(jbo) (Entered: 03/31/2022)
3/16/2022Terminate Deadlines and Hearings as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa: Terminated Pretrial Conference set for 3/23/2022 at 11:30 AM before Judge John F. Keenan. (bw) (Entered: 03/16/2022)
3/16/2022
  • Order
MEMO ENDORSEMENT as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa on re: 35 LETTER MOTION filed by USA addressed to Judge John F. Keenan from USA (AUSA Michael R. Herman) dated 3/15/2022 re: Adjournment Request.... The Government submits this letter on behalf of all parties respectfully to request an adjournment of the upcoming conference in this matter, currently scheduled for March 23, 2022, for approximately 30 to 45 days. ENDORSEMENT: The case is adjourned to April 27, 2022 at 11 A.M. with consent of all parties. Time is excluded. So Ordered. ( Status Conference set for 4/27/2022 at 11:00 AM before Judge John F. Keenan. )(Signed by Judge John F. Keenan on 3/16/2022)(bw) (Entered: 03/16/2022)
3/15/2022
  • Motion
LETTER MOTION addressed to Judge John F. Keenan from USA dated 3/15/2022 re: Adjournment Request . Document filed by USA as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa. (Herman, Michael) (Entered: 03/15/2022)
2/9/2022NOTICE of Change of Address as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa. New Address: Armstrong Teasdale LLP, 7 Times Square, 44th Floor, New York, New York, USA 10036, (212) 209-4400. (Bernstein, Andrew) (Entered: 02/09/2022)
2/3/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte. Notice is hereby given that an official transcript of a Conference proceeding held on 1/25/21 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: 02/03/2022)
2/3/2022TRANSCRIPT of Proceedings as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte re: Conference held on 1/25/22 before Judge John F. Keenan. 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 2/24/2022. Redacted Transcript Deadline set for 3/7/2022. Release of Transcript Restriction set for 5/4/2022. (Moya, Goretti) (Entered: 02/03/2022)
1/25/2022Minute Entry for proceedings held before Judge John F. Keenan: Pretrial Conference as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa held on 1/25/2022. Defendant Franklyn Espinosa Almonte present with attorney Jonathan Marvinny and Spanish interpreter. Defendant Fausto Espinosa Almonte present with attorney Andrew Bernstein and Spanish interpreter. Defendant Isaul Espinosa and defense counsel Mr. Velez were not present for this conference. AUSA Mitzi Steiner present. Court reporter Khris Sellin present. Pretrial conference held. Next conference: 3/23/22 at 11:30 a.m. in Courtroom 20-C (as to all defendants). Time excluded between 1/25/22 and 3/23/22 (as to all defendants). All defendants continued detained. (jbo) (Entered: 01/25/2022)
1/4/2022
  • Order
ORDER as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa. The conference is adjourned from January 20 to January 25, 2022 at 11:30 a.m. in Courtroom 20-C. The time between January 20 and January 25, 2022 is excluded. SO ORDERED. (Signed by Judge John F. Keenan on 1/4/22)(jbo) (Entered: 01/04/2022)
12/7/2021NOTICE OF ATTORNEY APPEARANCE: Rudy Velez, Sr appearing for Isaul Espinosa. Appearance Type: Retained. (Velez, Rudy) (Entered: 12/07/2021)
10/20/2021Minute Entry for proceedings held before Judge John F. Keenan: Pretrial Conference as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa held on 10/20/2021. Defendant Franklyn Espinosa Almonte present with attorney Jonathan Marvinny and Spanish interpreter. Defendant Fausto Espinosa Almonte present with attorney Andrew Bernstein and Spanish interpreter. Defendant Isaul Espinosa present (by phone) with attorney David Bertan and Spanish Interpreter. AUSA Mitzi Steiner present. Pretrial conference held. Next conference: 1/20/22 at 11:00 a.m. in Courtroom 20-C. Time excluded between 10/20/21 and 1/20/22 Defendants continued detained. (Pretrial Conference set for 1/20/2022 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan) (Court Reporter Martha Martin) (ap) (Entered: 10/20/2021)
10/18/2021NOTICE OF ATTORNEY APPEARANCE Michael Ross Herman appearing for USA. (Herman, Michael) (Entered: 10/18/2021)
10/15/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa. Notice is hereby given that an official transcript of a Conference proceeding held on 9/14/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 10/15/2021)
10/15/2021TRANSCRIPT of Proceedings as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa re: Conference held on 9/14/21 before Judge John F. Keenan. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/5/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/13/2022. (Moya, Goretti) (Entered: 10/15/2021)
10/12/202125SEALED DOCUMENT placed in vault. (nmo) (Entered: 10/12/2021)
10/7/2021
  • Motion for Protective Order
PROTECTIVE ORDER as to Isaul Espinosa...regarding procedures to be followed that shall govern the handling of confidential material... Terminated Motion(s): 20 MOTION for Protective Order (Signed by Judge John F. Keenan on 10/7/21)(jw) (Entered: 10/07/2021)
10/5/202128CJA 23 Financial Affidavit by Isaul Espinosa. (Signed by Magistrate Judge Katharine H. Parker) Attorney David Bertan (jw) (Entered: 10/15/2021)
10/5/2021CONSENT TO PROCEED BY VIDEO OR TELECONFERENCE as to Isaul Espinosa re: Arraignment (Signed by Magistrate Judge Katharine H. Parker on 10/5/21)(jw) (Entered: 10/12/2021)
10/5/2021
  • Order
RULE 5(F) ORDER as to Isaul Espinosa (Signed by Magistrate Judge Katharine H. Parker on 10/5/21)(jw) (Entered: 10/08/2021)
10/5/2021Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Plea entered by Isaul Espinosa (3) Count 1 Not Guilty. (jw) (Entered: 10/08/2021)
10/5/2021Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker:Arraignment on disposition sheet as to Isaul Espinosa (3) Count 1 held on 10/5/2021. Defense counsel David Bertan. AUSA Mitzi Steiner. Deft arraigned and pleads not guilty. Next conference set before District Judge on 10/20/21. Speedy Trial Time excluded under 18 USC 3161(h)(7) until 10/20/21 (jw) (Entered: 10/08/2021)
10/5/2021
  • Motion for Protective Order
MOTION for Protective Order . Document filed by USA as to Isaul Espinosa. (Attachments: # 1 Text of Proposed Order Protective Order)(Steiner, Mitzi) (Entered: 10/05/2021)
10/5/2021NOTICE OF ATTORNEY APPEARANCE: David Keith Bertan appearing for Isaul Espinosa. Appearance Type: CJA Appointment. (Bertan, David) (Entered: 10/05/2021)
10/4/2021
  • Motion for Protective Order
PROTECTIVE ORDER as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa...regarding procedures to be followed that shall govern the handling of confidential material..... (Signed by Judge John F. Keenan on 10/4/21)(jbo) (Entered: 10/04/2021)
10/3/2021
  • Motion for Protective Order
MOTION for Protective Order . Document filed by USA as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte. (Attachments: # 1 Text of Proposed Order Protective Order)(Steiner, Mitzi) (Entered: 10/03/2021)
9/14/2021Minute Entry for proceedings held before Judge John F. Keenan: Pretrial Conference as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte held on 9/14/2021. Defendant Franklyn Espinosa Almonte present with attorney Jonathan Marvinny and Spanish interpreter. Defendant Fausto Espinosa Almonte present with attorney Andrew Bernstein and Spanish interpreter. AUSA Mitzi Steiner present. Court reporter Pamela Utter present. Pretrial conference held. Next conference: 10/20/21 at 11:00 a.m. in Courtroom 20-C. Time excluded between 9/14/21 and 10/20/21. Defendants continued detained. (jbo) (Entered: 09/14/2021)
8/26/2021
  • Order
RULE 5(F) ORDER as to Franklyn Espinosa Almonte. SO ORDERED: (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/26/2021)(bw) (Entered: 08/26/2021)
8/26/2021
  • Order
ORAL ORDER as to Franklyn Espinosa Almonte (1). Time excluded from 8/26/2021 until 9/14/2021. (By Magistrate Judge Kevin Nathaniel Fox on 8/26/2021) (bw) (Entered: 08/26/2021)
8/26/2021Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Arraignment as to Franklyn Espinosa Almonte (1) Count 1 held on 8/26/2021. Proceeding via AT&T. AUSA Mitzi Steiner. Defense Counsel Jonathan Marvinny (Federal Defenders). Defendant arraigned; pleads Not Guilty. ( Plea entered by Franklyn Espinosa Almonte (1) Count 1 - Not Guilty. ) COMMENTS: Defendant advised by the Court of the right to be present, and consented to proceed by remote means. ADDITIONAL PROCEEDINGS: Conference before District Judge on 9/14/2021. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 9/14/2021. (bw) (Entered: 08/26/2021)
8/26/2021
  • Order
RULE 5(F) ORDER as to Fausto Espinosa Almonte. SO ORDERED: (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/26/2021)(bw) (Entered: 08/26/2021)
8/26/2021
  • Order
ORAL ORDER as to Fausto Espinosa Almonte (2). Time excluded from 8/26/2021 until 9/14/2021. (By Magistrate Judge Kevin Nathaniel Fox on 8/26/2021) (bw) (Entered: 08/26/2021)
8/26/2021Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Arraignment as to Fausto Espinosa Almonte (2) Count 1 held on 8/26/2021. Proceeding via AT&T. AUSA Mitzi Steiner. Defense Counsel Andrew Bernstein (CJA). Defendant arraigned; pleads Not Guilty. ( Plea entered by Fausto Espinosa Almonte (2) Count 1 -- Not Guilty. ) COMMENTS: Defendant advised by the Court of the right to be present, and consented to proceed by remote means. ADDITIONAL PROCEEDINGS: Conference before District Judge on 9/14/2021. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 9/14/2021. (bw) (Entered: 08/26/2021)
8/16/2021
  • Order
ORDER as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa: A pretrial conference is set for September 14, 2021 at 11 :30 a.m. in Courtroom 20-C. The time between August 16, 2021 and September 14, 2021 is excluded. SO ORDERED. (Pretrial Conference set for 9/14/2021 at 11:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan) (Time excluded from 8/16/2021 until 9/14/2021) (Signed by Judge John F. Keenan on 8/16/2021) (lnl) (Entered: 08/16/2021)
8/11/2021Attorney update in case as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa. Attorney Mitzi Steiner for USA added. (jm) (Entered: 08/13/2021)
8/11/2021Case as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa ASSIGNED to Judge John F. Keenan. (jm) (Entered: 08/13/2021)
8/11/2021Case Designated ECF as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa. (jm) (Entered: 08/13/2021)
8/11/2021INDICTMENT UNSEALED as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa. (jm) (Entered: 08/13/2021)
8/11/2021
  • Order
Order to Unseal Indictment as to Franklyn Espinosa Almonte, Fausto Espinosa Almonte, Isaul Espinosa. (Signed by Magistrate Judge Barbara C. Moses on 8/11/21)(jm) (Entered: 08/13/2021)
8/9/2021NOTICE of Change of Address as to Fausto Espinosa Almonte. New Address: SICHENZIA ROSS FERENCE LLP, 1185 6th Avenue, 31st Floor, New York, New York, USA 10036, 212-616-4291. (Bernstein, Andrew) [1:21-mj-07560-UA] (Entered: 08/09/2021)
8/9/20211SEALED DOCUMENT placed in vault. (nmo) (Entered: 08/09/2021)
8/5/2021Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Appearance as to Fausto Espinosa Almonte held on 8/5/2021., Deft Appears with CJA Attorney Andrew Bernstein with spanish interpreter and AUSA Mitzi Steiner for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing 9/4/2021 (dif) [1:21-mj-07560-UA] (Entered: 08/05/2021)
8/5/2021Attorney update in case as to Fausto Espinosa Almonte. Attorney Andrew M. J. Bernstein for Fausto Espinosa Almonte added.. (dif) [1:21-mj-07560-UA] (Entered: 08/05/2021)
8/5/20216CJA 23 Financial Affidavit by Fausto Espinosa Almonte. (Signed by Magistrate Judge Robert W. Lehrburger) (CJA Attorney Andrew Bernstein Appointed) (dif) [1:21-mj-07560-UA] (Entered: 08/05/2021)
8/5/2021Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Appearance as to Franklyn Espinosa Almonte held on 8/5/2021., Detention Hearing as to Franklyn Espinosa Almonte held on 8/5/2021, Deft Appears with Federal Defender Jonathan Marvinny with spanish interpreter and AUSA Mitzi Steiner for the government. Detention; See Transcript; ( Preliminary Hearing 9/4/2021 (dif) [1:21-mj-07560-UA] (Entered: 08/05/2021)
8/5/2021Attorney update in case as to Franklyn Espinosa Almonte. Attorney Jonathan Andrew Marvinny for Franklyn Espinosa Almonte added.. (dif) [1:21-mj-07560-UA] (Entered: 08/05/2021)
8/5/20213CJA 23 Financial Affidavit by Franklyn Espinosa Almonte. (Signed by Magistrate Judge Robert W. Lehrburger) (Federal Defender Jonathan marvinny Appointed) (dif) [1:21-mj-07560-UA] (Entered: 08/05/2021)
8/4/2021SEALED INDICTMENT as to Franklyn Espinosa Almonte (1) count(s) 1, Fausto Espinosa Almonte (2) count(s) 1, Isaul Espinosa (3) count(s) 1. (jm) (Entered: 08/13/2021)
8/4/2021Arrest of Fausto Espinosa Almonte. (dif) [1:21-mj-07560-UA] (Entered: 08/05/2021)
8/4/2021Arrest of Franklyn Espinosa Almonte. (dif) [1:21-mj-07560-UA] (Entered: 08/05/2021)
8/2/2021
  • Complaint
COMPLAINT as to Franklyn Espinosa Almonte (1), Fausto Espinosa Almonte (2), Isaul Espinosa (3). In Violation of 21 U.S.C. 846 (Signed by Magistrate Judge Robert W. Lehrburger) (dif) [1:21-mj-07560-UA] (Entered: 08/05/2021)
8/2/2021
  • Complaint
COMPLAINT as to Franklyn Espinosa Almonte (1), Fausto Espinosa Almonte (2), Isaul Espinosa (3). In Violation of 21 U.S.C. 846 (Signed by Magistrate Judge Robert W. Lehrburger) (dif) [1:21-mj-07560-UA] (Entered: 08/05/2021)
8/2/2021
  • Order
SEALED ORAL ORDER as to Sealed Defendant 1. (Signed by Magistrate Judge Robert W. Lehrburger on 8/2/2021)(dif) [1:21-mj-07560-UA] (Entered: 08/05/2021)