will filter after docket loads

USA v. Arau

1:21-cr-00570 | New York Southern District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division Foley Square
Judge Judge Mary Kay Vyskocil
Filed Sept. 14, 2021
Case Flags APPEAL, ECF, and PRIOR
The docket is incomplete. Sign up for verified information.
Filing Date # Docket Text
1/31/2025Notice of Filing Transcript
1/31/2025Transcript
1/29/2025Appeal Record Sent to USCA - Electronic File, Transmission of Notice of Appeal and Docket Sheet to USCA, Appeal Remark
1/29/2025Notice of Appeal - Final Judgment
1/22/2025 FILED JUDGMENT IN A CRIMINAL CASE as to Daivon Morgan (6), Count(s) 1, 2, 3, 4, 5, 9, Dismissed; Count(s) 1s & Count(s) 2s, Imprisonment for a total term of 292 months (240 months on Count 1; 52 months on Count 2 to run consecutively). The sentence i s adjusted by 16 months for the time served in state custody, for a resulting federal sentence of 276 months (240 months on Count 1; 36 months on Count 2 to run consecutively). Supervised release for a term of 3 Years on count one and 3 years on Co unt 2 to run concurrently. The court makes the following recommendations to the Bureau of Prisons: The defendant shall receive educational and vocational training while incarcerated. The defendant shall receive substance abuse and mental health treatment while incarcerated. The Court recommends the defendant be housed in NYC or South Carolina to facilitate family visits. Special Assessment of $200 which is due immediately. (Signed by Judge Mary Kay Vyskocil on 1/21/25)(jw)
1/22/2025Sentencing
11/14/2024 ADJOURNMENT ORDER as to Daivon Morgan. IT IS HEREBY ORDERED that the sentencing of Defendant Daivon Morgan, previously scheduled for November 21, 2024 at 2:00 PM is adjourned to December 4, 2024 at 2:00 PM. Any request for further adjournment shall be made by letter filed on ECF and must be received at least 48 hours before the deadline. (Status Conference set for 12/4/2024 at 02:00 PM before Judge Mary Kay Vyskocil) (Signed by Judge Mary Kay Vyskocil on 11/14/2024) (ap)
10/28/2024 ADJOURNMENT ORDER as to Daivon Morgan. IT IS HEREBY ORDERED that the sentencing of Defendant Daivon Morgan, previously scheduled for October 31, 2024 at 11:00 AM, is adjourned to November 21, 2024 at 2:00 PM. Any request for further adjournment shall be made by letter filed on ECF and must be received at least 48 hours before the deadline (Sentencing set for 11/21/2024 at 02:00 PM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 10/28/24)(jw)
10/23/2024 ADJOURNMENT ORDER as to (21-Cr-570-6) Daivon Morgan. IT IS HEREBY ORDERED that the sentencing of Defendant Daivon Morgan, previously scheduled for October 24, 2024 at 11:00 AM, is adjourned to October 31, 2024 at 11:00 AM. Any request for an adjournment shall be made by letter filed on ECF and must be received at least 48 hours before the deadline. SO ORDERED. ( Sentencing set for 10/31/2024 at 11:00 AM before Judge Mary Kay Vyskocil. )(Signed by Judge Mary Kay Vyskocil on 10/23/2024) (bw)
10/21/2024Letter - Sentencing
10/15/2024Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Roberto Espinosa to US Court of Appeals re: 345 Notice of Appeal - Final Judgment. (tp) (Entered: 10/15/2024)
10/15/2024Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Roberto Espinosa re: 345 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 10/15/2024)
10/15/2024Appeal Remark as to Roberto Espinosa re: 345 Notice of Appeal - Final Judgment. $605.00 Appeal Fee Waived. Attorney CJA. (tp) (Entered: 10/15/2024)
10/15/2024NOTICE OF APPEAL by Roberto Espinosa from 343 Judgment. (tp) (Entered: 10/15/2024)
10/10/2024SENTENCING SUBMISSION by Daivon Morgan. (Attachments: # 1 Exhibit A - Mitigation Specialist Report, # 2 Exhibit B - Johnson Letter, # 3 Exhibit C - K. McCallum Letter, # 4 Exhibit D - D. Morgan Letter, # 5 Exhibit E - R. McCallum Letter, # 6 Exhibit F - J. Carter Letter, # 7 Exhibit G - T. Carraway Letter, # 8 Exhibit H - Defendant Letter, # 9 Exhibit I - R. McCallum Letter, # 10 Exhibit J - P. Carraway Letter, # 11 Exhibit K - E. Carraway Letter, # 12 Exhibit L - J. Morgan Letter)(Ingoglia, Eugene) (Entered: 10/10/2024)
10/10/2024JUDGMENT In A Criminal Case (S5 21-Cr-570-07). Date of Imposition of Judgment: 10/9/2024. Defendant Roberto Espinosa (7) pleaded guilty to Count(s) 1s, 2s; of the S5 Superseding Information. Count(s) all open counts are dismissed on the motion of the United States. IMPRISONMENT: 240 months on Count One and 96 months on Count Two, to run consecutively, for a total term of 336 months' imprisonment. This term of 336 months' imprisonment shall be adjusted by 68 months served in the defendant's Bronx County Case No. 00384-2019, pursuant to U.S.S.G. § 5G1.3(b), for a resulting federal sentence of 268 months' imprisonment to be served concurrent to the undischarged portion of the state sentence. - The court makes the following recommendations to the Bureau of Prisons: The Court recommends the defendant be housed in a state facility with access to vocational training and drug and mental health treatment. - The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 years on each count, to run concurrently. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $200.00, due immediately. (Signed by Judge Mary Kay Vyskocil on 10/9/2024) (bw) (Entered: 10/10/2024)
10/9/2024DISMISSAL OF COUNTS on Government Motion as to Roberto Espinosa (7) Count 1,2,3. (bw) (Entered: 10/10/2024)
10/9/2024Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Sentencing held on 10/9/2024 for Roberto Espinosa (7) Count 1s,2s. Sentencing held. Megan Wall-Wolff appeared for the defendant. AUSA Courtney Heavey appeared for the government. Defendant was sentenced to 336 months imprisonment and 3 years supervised release. [SEE J&C and TRANSCRIPT FOR DETAILS]. Court Reporter Lisa O'Brien. (bw) (Entered: 10/10/2024)
10/8/2024342SEALED DOCUMENT placed in vault. (jus) (Entered: 10/08/2024)
10/2/2024ORDER as to Roberto Espinosa: IT IS HEREBY ORDERED that the sentencing of Defendant Roberto Espinosa, previously scheduled for October 2, 2024 at 11:30 AM, is ADJOURNED to October 9, 2024 at 11:00 AM. SO ORDERED. (Sentencing set for 10/9/2024 at 11:00 AM before Judge Mary Kay Vyskocil) (Signed by Judge Mary Kay Vyskocil on 10/2/2024) (lnl) (Entered: 10/02/2024)
10/1/2024 LETTER by USA as to Roberto Espinosa addressed to Judge Mary Kay Vyskocil from United States of America dated 10/01/24 re: Adjournment Request Document filed by USA. (Heavey, Courtney) (Entered: 10/01/2024)
9/25/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jamie Wilkins. Notice is hereby given that an official transcript of a Sentence proceeding held on 8/20/24 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 09/25/2024)
9/25/2024TRANSCRIPT of Proceedings as to Jamie Wilkins re: Sentence held on 8/20/24 before Judge Mary Kay Vyskocil. 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 10/16/2024. Redacted Transcript Deadline set for 10/28/2024. Release of Transcript Restriction set for 12/26/2024. (Moya, Goretti) (Entered: 09/25/2024)
9/24/2024NOTICE of Change of Address as to Daivon Morgan. New Address: Allen Overy Shearman Sterling US LLP, 599 Lexington Avenue, New York, New York, USA 10022, 212-848-4000. (Ingoglia, Eugene) (Entered: 09/24/2024)
9/23/2024336SEALED DOCUMENT placed in vault. (nmo) (Entered: 09/23/2024)
9/20/2024Set/Reset Hearings as to Roberto Espinosa: Sentencing set for 10/2/2024 at 11:30 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil.. (rz) (Entered: 09/20/2024)
9/20/2024335NOTICE as to Roberto Espinosa sentencing in this matter has been ADJOURNED to October 2nd at 11:30am. (rz) (Entered: 09/20/2024)
9/20/2024ADJOURNMENT ORDER as to (21-Cr-570-6) Daivon Morgan. IT IS HEREBY ORDERED that the sentencing of Defendant Daivon Morgan, previously scheduled for October 8, 2024 at 2:00 PM, is ADJOURNED to October 24, 2024 at 11:00 AM. The Clerk of Court respectfully is requested to terminate the letter motion pending at ECF No. 333. SO ORDERED. ( Sentencing set for 10/24/2024 at 11:00 AM before Judge Mary Kay Vyskocil. )(Signed by Judge Mary Kay Vyskocil on 9/20/2024) (bw) (Entered: 09/20/2024)
9/19/2024CONSENT LETTER MOTION addressed to Judge Mary Kay Vyskocil from Eugene Ingoglia dated September 19, 2024 re: Adjournment of sentencing currently scheduled for October 8, 2024 . Document filed by Daivon Morgan. (Ingoglia, Eugene) (Entered: 09/19/2024)
9/19/2024SENTENCING SUBMISSION by USA as to Roberto Espinosa. (Heavey, Courtney) (Entered: 09/19/2024)
9/17/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Davion Trusty. Notice is hereby given that an official transcript of a Sentence proceeding held on 8/13/2024 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: 09/17/2024)
9/17/2024TRANSCRIPT of Proceedings as to Davion Trusty re: Sentence held on 8/13/2024 before Judge Mary Kay Vyskocil. 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 10/8/2024. Redacted Transcript Deadline set for 10/18/2024. Release of Transcript Restriction set for 12/16/2024. (McGuirk, Kelly) (Entered: 09/17/2024)
9/12/2024329SEALED DOCUMENT placed in vault. (nmo) (Entered: 09/12/2024)
9/11/2024NOTICE of Change of Address as to Daivon Morgan. New Address: Allen Overy Shearman Sterling US LLP, 599 Lexington Avenue, New York, New York, USA 10022, 212-848-4000. (Sykes, Brigitte) (Entered: 09/11/2024)
9/10/2024SENTENCING SUBMISSION by Roberto Espinosa. (Attachments: # 1 Exhibit Mitigation Report, # 2 Exhibit Forensic Psychological Report, # 3 Exhibit Sentencing Letters, # 4 Exhibit Horizon Certificates, # 5 Exhibit GED, # 6 Exhibit Rikers Certificates, # 7 Exhibit MDC Certificates)(Wall-Wolff, Megan) (Entered: 09/10/2024)
9/4/2024ADJOURNMENT ORDER as to Roberto Espinosa. IT IS HEREBY ORDERED that the sentencing of Defendant Roberto Espinosa, previously scheduled for September 17, 2024 at 11:00 AM, is ADJOURNED to September 24, 2024 at 11:00 AM. (Sentencing set for 9/24/2024 at 11:00 AM before Judge Mary Kay Vyskocil) (Signed by Judge Mary Kay Vyskocil on 9/4/2024) (ap) (Entered: 09/04/2024)
9/3/2024 LETTER by USA as to Roberto Espinosa addressed to Judge Mary Kay Vyskocil from United States of America dated 09/03/24 re: Adjournment Request Document filed by USA. (Heavey, Courtney) (Entered: 09/03/2024)
8/21/2024JUDGMENT IN A CRIMINAL CASE as to Jamie Wilkins (5). The defendant pleaded guilty to lesser included offense in count 3 of the S2 indictment. Counts 1, 2, 12 & 13 and all open counts are dismissed on the motion of the United States. Count(s) 1, 12s, 13s, 1s, 2, 2s, Dismissed; Count(s) 3s, IMPRISONMENT: 78 months. The Court recommends the defendant be housed as close as possible to the NYC metropolitan area to facilitate family visits. More importantly, the Court recommends the defendant be sent to a facility that provides educational programs and drug treatment. The Court would like the defendant evaluated for eligibility in R-DAP and any other programs. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 5 years. ASSESSMENT: $100.00 due immediately.. (Signed by Judge Mary Kay Vyskocil on 8/20/2024) (lnl) (Entered: 08/21/2024)
8/21/2024DISMISSAL OF COUNTS on Government Motion as to Jamie Wilkins (5) Count 1,1s,2,2s,12s,13s. (lnl) (Entered: 08/21/2024)
8/20/2024Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Sentencing held on 8/20/2024 for Jamie Wilkins (5) Count 3s. Donald Yanella appeared for the defendant. AUSA Courtney Heavey appeared for the government. Defendant was sentenced to 78 months in prison and 5 years of supervised release. [SEE TRANSCRIPT FOR DETAILS]. Court Reporter Pam Utter. (lnl) (Entered: 08/21/2024)
One moment please. Additional information is being loaded. throbber