USA v. Amaya

1:22-cr-00010 | New York Southern District Court

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Division Foley Square
Judge Judge Naomi Reice Buchwald
Filed Jan. 5, 2022
Case Flags ECF and PRIOR
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Filing Date # Docket Text
3/18/2025Order on Motion for Leave to Appeal In Forma Pauperis
3/14/2025Appeal In Forma Pauperis
2/12/2025Letter
1/28/2025Appeal Record Sent to USCA - Electronic File, Transmission of Notice of Appeal and Docket Sheet to USCA
1/28/2025Notice of Appeal - Final Judgment
1/22/2025Notice of Filing Transcript
1/22/2025Transcript
1/22/2025Notice to Attorney to Re-File Document - Deficient Docket Entry Error
1/22/2025Notice of Appeal - Final Judgment
1/17/2025 FILED JUDGMENT IN A CRIMINAL CASE as to Jesus Cabrera (2), Count(s) 1, 1s, 2s, Dismissed; Pleaded guilty to Count(s) 1ss, Count(s) 2ss, Imprisonment for a total term of 300 Months in custody for count one, plus the mandatory 5 years on count two to r un consecutively. The defendant should receive credit for the time serviced since his arrest on February 16, 2022. Supervised release for a term of 5 Years. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the Bureau of Prisons designate the defendant to a facility as close to NYC as possible to facilitate family visits. Special Assessment of $200 which is due immediately. (Signed by Judge Naomi Reice Buchwald on 1/17/25)(jw)
1/14/2025Sentencing
10/30/2024MEMO ENDORSEMENT as to Jesus Cabrera (2) granting 228 MOTION to Seal Document. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 10/30/2024) (ap)
9/30/2024 JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 9/26/2024. Defendant Michael Amaya (1) pleaded guilty to Count(s) 1sss; Conspiracy to Distribute and Possess with Intent to Distribute 400 Grams and More of Fentanyl. Count(s) underlying ar e dismissed on the motion of the United States. IMPRISONMENT: 192 months. The defendant should receive full credit for the time served since his arrest on December 21, 2021. - The court makes the following recommendations to the Bureau of Prisons: Th e Court recommends that the Bureau of Prisons designate the defendant to a facility as close to New York City as possible to facilitate family visits. The Court also recommends that the Bureau of Prisons enroll the defendant in any available and appr opriate program for alcohol and/or drug and mental health treatment. SUPERVISED RELEASE: 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 Naomi Reice Buchwald on 9/30/2024) (bw)
9/16/2024Sentencing Submission
7/31/2024 LETTER by Willie Harris addressed to Judge Naomi Reice Buchwald from Joan Loughnane dated July 31, 2024 re: designation of prison recommendation (Loughnane, Joan) (Entered: 07/31/2024)
7/29/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Willie Harris. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/9/2024 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: 07/29/2024)
7/29/2024TRANSCRIPT of Proceedings as to Willie Harris re: Sentence held on 7/9/2024 before Judge Naomi Reice Buchwald. 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 8/19/2024. Redacted Transcript Deadline set for 8/29/2024. Release of Transcript Restriction set for 10/28/2024. (McGuirk, Kelly) (Entered: 07/29/2024)
7/24/2024MEMO ENDORSEMENT as to Humberto Borges on re: 210 LETTER by USA as to Humberto Borges addressed to Judge Naomi Reice Buchwald from AUSA Matthew King dated July 23, 2024 re: Request for Exclusion of Time. ENDORSEMENT: Application granted. Speedy trial time is excluded through August 22, 2024 pursuant to 18 U.S.C. § 3161(h) (7)(A). (Signed by Judge Naomi Reice Buchwald on 7/24/2024) (ap) (Entered: 07/24/2024)
7/23/2024 LETTER by USA as to Humberto Borges addressed to Judge Naomi Reice Buchwald from AUSA Matthew King dated July 23, 2024 re: Request for Exclusion of Time Document filed by USA. (King, Matthew) (Entered: 07/23/2024)
7/9/2024JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 7/9/2024. Defendant Willie Harris (6) pleaded guilty to Count(s) 1s; Conspiracy to Distribute and Possess with intent to District 40 Grams and More of Fentanyl. Count(s) underlying are dismissed on the motion of the United States. IMPRISONMENT: 144 months. The defendant should receive full credit for the time served since his arrest on March 18, 2022. - The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the Bureau of Prisons enroll the defendant in any available and appropriate program for drug and mental health treatment. SUPERVISED RELEASE: 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 Naomi Reice Buchwald on 7/9/2024) (bw) (Entered: 07/09/2024)
7/9/2024DISMISSAL OF COUNTS on Government Motion as to Willie Harris (6) Count 1,2s. (bw) (Entered: 07/09/2024)
7/9/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jose Figueroa. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/25/2024 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: 07/09/2024)
7/9/2024TRANSCRIPT of Proceedings as to Jose Figueroa re: Sentence held on 6/25/2024 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Sonya Ketter Moore, (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 7/30/2024. Redacted Transcript Deadline set for 8/9/2024. Release of Transcript Restriction set for 10/7/2024. (McGuirk, Kelly) (Entered: 07/09/2024)
7/9/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jesus Cabrera. Notice is hereby given that an official transcript of a Plea proceeding held on 5/30/2024 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: 07/09/2024)
7/9/2024TRANSCRIPT of Proceedings as to Jesus Cabrera re: Plea held on 5/30/2024 before Judge Naomi Reice Buchwald. 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 7/30/2024. Redacted Transcript Deadline set for 8/9/2024. Release of Transcript Restriction set for 10/7/2024. (McGuirk, Kelly) (Entered: 07/09/2024)
7/9/2024Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Sentencing held on 7/9/2024 for Willie Harris (6) Count 1s. Present: AUSA David Robles for the Government; AUSA Kaylan Lasky for the Government; Joan Loughnane for Defendant Willie Harris; Cassandra Liu for Defendant Willie Harris; Defendant Willie Harris; Court Reporter. A sentencing hearing was held before Judge Buchwald in-person on July 9, 2024. The Court sentenced Defendant to 144 months; 5 years supervised release subject to mandatory, standard, and special conditions; and a $100 special assessment. (jbo) (Entered: 07/09/2024)
7/8/2024MEMO ENDORSEMENT as to Humberto Borges on 200 LETTER by USA as to Humberto Borges addressed to Judge Naomi Reice Buchwald from USA dated July 8, 2024 re: Exclusion of Time Under Speedy Trial Act. ENDORSEMENT: Application granted. Speedy trial time is excluded through August 13, 2024 pursuant to 18 U.S.C. § 3161(h)(7)(A). So ordered. (Time excluded from 7/8/2024 until 8/13/2024) (Signed by Judge Naomi Reice Buchwald on 7/8/2024) (lnl) (Entered: 07/08/2024)
7/8/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Amaya. Notice is hereby given that an official transcript of a Plea proceeding held on 5/30/2024 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: 07/08/2024)
7/8/2024TRANSCRIPT of Proceedings as to Michael Amaya re: Plea held on 5/30/2024 before Judge Naomi Reice Buchwald. 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 7/29/2024. Redacted Transcript Deadline set for 8/8/2024. Release of Transcript Restriction set for 10/7/2024. (McGuirk, Kelly) (Entered: 07/08/2024)
7/8/2024 LETTER by USA as to Humberto Borges addressed to Judge Naomi Reice Buchwald from USA dated July 8, 2024 re: Exclusion of Time Under Speedy Trial Act Document filed by USA. (Robles, David) (Entered: 07/08/2024)
6/25/2024FILED JUDGMENT IN A CRIMINAL CASE as to Jose Figueroa (8), Count(s) 1, 2s are dismissed on the motion of the US; Pleaded guilty to Count(s) 1s, Imprisonment for a total term of 120 Months. Supervised release for a term of 5 Years. Special Assessment of $100 which is due immediately. (Signed by Judge Naomi Reice Buchwald on 6/25/24)(jw) (Entered: 06/25/2024)
6/25/2024DISMISSAL OF COUNTS on Court or Defendant Motion as to Jose Figueroa (8) Count 1,2s. (jw) (Entered: 06/25/2024)
6/25/2024Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Sentencing held on 6/25/2024 for Jose Figueroa (8) Count 1s. Present: AUSA David Robles for the Government; AUSA Matthew King for the Government; Esere Onaodowan for Defendant; Defendant Jose Figueroa; Court Reporter; Translator. A sentencing hearing was held before Judge Buchwald in-person on June 25, 2024. The Court sentenced Defendant to 120 months; 5 years supervised release subject to mandatory, standard, and special conditions; and a $100 special assessment. (jbo) (Entered: 06/25/2024)
6/25/2024Set/Reset Deadlines/Hearings as to Willie Harris: Sentencing set for 7/9/2024 at 11:00 AM before Judge Naomi Reice Buchwald (jw) (Entered: 06/25/2024)
6/25/2024MEMO ENDORSEMENT 197 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Joan M. Loughnane dated June 24, 2024 re: Adjournment of June 25, 2024 Sentencing Hearing as to Willie Harris...ENDORSEMENT...Application granted. (Signed by Judge Naomi Reice Buchwald on 6/25/24) (jw) (Entered: 06/25/2024)
6/24/2024 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Joan M. Loughnane dated June 24, 2024 re: Adjournment of June 25, 2024 Sentencing Hearing . Document filed by Willie Harris. (Loughnane, Joan) (Entered: 06/24/2024)
6/21/2024SENTENCING SUBMISSION by USA as to Willie Harris. (Lasky, Kaylan) (Entered: 06/21/2024)
6/20/2024SENTENCING SUBMISSION by USA as to Jose Figueroa. (Robles, David) (Entered: 06/20/2024)
6/13/2024SENTENCING SUBMISSION by Willie Harris. (Attachments: # 1 Exhibit A - Clinical Consequences, # 2 Exhibit B - Sentencing Tr., US v. Davies, # 3 Exhibit C - Sentencing Tr., US v. Simon, # 4 Exhibit D - Sentencing Tr., US v. Starkes, # 5 Exhibit E - Sentencing Tr., US v. Days, # 6 Exhibit F - 2/29/24 Hearing Tr., US v. Harris, # 7 Exhibit G - Letter of Support)(Loughnane, Joan) (Entered: 06/13/2024)
6/11/2024SENTENCING SUBMISSION by Jose Figueroa. (Attachments: # 1 Exhibit C - Figueroa BOP Work Performance Ratings)(Onaodowan, Esereosonobrughue) (Entered: 06/11/2024)
5/30/2024Order of Referral to Probation for Presentence Investigation and Report as to Jesus Cabrera. (Signed by Judge Naomi Reice Buchwald on 5/30/24)(jbo) (Entered: 05/31/2024)
5/30/2024Change of Not Guilty Plea to Guilty Plea as to Jesus Cabrera (2) Count 1ss,2ss. (jbo) (Entered: 05/31/2024)
5/30/2024Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Change of Plea Hearing as to Jesus Cabrera held on 5/30/2024. Plea entered by Jesus Cabrera (2) Guilty as to Count 1ss,2ss. Present: AUSA David Robles; AUSA Matthew King; Dawn Florio for Defendant Jesus Cabrera; Declan Murray for Defendant Jesus Cabrera; Peter Guadagnino for Defendant Jesus Cabrera; Defendant Jesus Cabrera; Court Reporter. A change of plea hearing was held May 30, 2024 before Judge Buchwald in-person. Mr. Cabrera pleaded guilty to Counts One and Two of the Superseding Information. The sentencing hearing is scheduled for November 14, 2024 at 11:00 a.m. The PSR is due August 21, 2024, the defense submission is due October 21, 2024, and the Government's submission is due October 31, 2024. (Sentencing set for 11/14/2024 at 11:00 AM before Judge Naomi Reice Buchwald.) (jbo) (Entered: 05/31/2024)
5/30/2024Order of Referral to Probation for Presentence Investigation and Report as to Michael Amaya. (Signed by Judge Naomi Reice Buchwald on 5/30/24)(jbo) (Entered: 05/31/2024)
5/30/2024Change of Not Guilty Plea to Guilty Plea as to Michael Amaya (1) Count 1sss. (jbo) (Entered: 05/31/2024)
5/30/2024Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Change of Plea Hearing as to Michael Amaya held on 5/30/2024. Plea entered by Michael Amaya (1) Guilty as to Count 1sss. Present: AUSA David Robles; AUSA Kaylan Lasky; AUSA Matthew King; Javier Solano for Defendant Michael Amaya; Defendant Michael Amaya; Court Reporter. A change of plea hearing was held May 30, 2024 before Judge Buchwald in-person. Mr. Amaya pleaded guilty to Count One of the Superseding Information. The sentencing hearing is scheduled for September 26, 2024 at 12:30 p.m. The PSR is due August 21, 2024, the defense submission is due September 12, 2024, and the Government's submission is due September 19, 2024. (Sentencing set for 9/26/2024 at 12:30 PM before Judge Naomi Reice Buchwald.) (jbo) (Entered: 05/31/2024)
5/30/2024WAIVER OF INDICTMENT by Michael Amaya. (jm) (Entered: 05/31/2024)
5/30/2024(S8) SUPERSEDING INFORMATION (Felony) filed as to Michael Amaya (1) count(s) 1sss. (jm) (Entered: 05/31/2024)
5/30/2024WAIVER OF INDICTMENT by Jesus Cabrera. (jm) (Entered: 05/31/2024)
5/30/2024(S7) SUPERSEDING INFORMATION (Felony) filed as to Jesus Cabrera (2) count(s) 1ss, 2ss. (jm) (Entered: 05/31/2024)
5/21/2024 LETTER by USA as to Jesus Cabrera addressed to Judge Naomi Reice Buchwald from USA dated May 21, 2024 re: Update on Defendant's Medical Procedure Document filed by USA. (Robles, David) (Entered: 05/21/2024)
5/14/2024MEMO ENDORSEMENT as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa on re: 184 LETTER by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from USA dated May 13, 2024 re: Proposed One Week Adjournment to Motions in Limine Schedule. ENDORSEMENT: Application denied. (Signed by Judge Naomi Reice Buchwald on 5/14/2024) (ap) (Entered: 05/14/2024)
5/13/2024 LETTER by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from USA dated May 13, 2024 re: Proposed One Week Adjournment to Motions in Limine Schedule Document filed by USA. (Robles, David) (Entered: 05/13/2024)
5/10/2024MEMO ENDORSEMENT as to Jesus Cabrera on 182 LETTER by Jesus Cabrera addressed to Judge Naomi Reice Buchwald. ENDORSEMENT: The Courts direction that Mr. Cabrera should be examined within days of the Courts conference on May 7, 2024 continues to be the order of the Court. If the defense wishes to have Mr. Cabrera examined in connection with its application for a competency determination, that examination should occur no later than May 14, 2024. So ordered. (Signed by Judge Naomi Reice Buchwald on 5/10/2024) (lnl) (Entered: 05/10/2024)
5/10/2024 LETTER by Jesus Cabrera addressed to Judge Naomi Reice Buchwald (Guadagnino, Peter) (Entered: 05/10/2024)
5/7/2024Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Telephone Conference as to Jesus Cabrera held on 5/7/2024. Present: AUSA David Robles; AUSA Kaylan Lasky; Dawn Florio for Defendant Jesus Cabrera; Declan Murray for Defendant Jesus Cabrera; Peter Guadagnino for Defendant Jesus Cabrera; Court Reporter. A telephone conference was held before Judge Buchwald on May 7, 2024 resolving docket numbers 172, 173, and 179. (jbo) (Entered: 05/09/2024)
5/7/2024 LETTER by USA as to Jesus Cabrera addressed to Judge Naomi Reice Buchwald from USA dated May 7, 2024 re: Defendant's Medical Procedure Date Document filed by USA. (Robles, David) (Entered: 05/07/2024)
5/7/2024 REPLY TO RESPONSE to Motion by Jesus Cabrera re 172 FIRST MOTION for Order of Competency to Stand Trial .. (Attachments: # 1 Exhibit Dr. Bardey's CV, # 2 Exhibit Dr. Bardey's Opinion Letter for Jesus Cabrera)(Guadagnino, Peter) (Entered: 05/07/2024)
5/6/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Willie Harris. Notice is hereby given that an official transcript of a Conference proceeding held on 2/29/2024 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: 05/06/2024)
5/6/2024TRANSCRIPT of Proceedings as to Willie Harris re: Conference held on 2/29/2024 before Judge Naomi Reice Buchwald. 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 5/28/2024. Redacted Transcript Deadline set for 6/6/2024. Release of Transcript Restriction set for 8/5/2024. (McGuirk, Kelly) (Entered: 05/06/2024)
5/6/2024MEMO ENDORSEMENT as to Jesus Cabrera on 174 FIRST MOTION for Extension of Time to File Response/Reply as to 173 Response in Opposition to Motion. ENDORSEMENT: Defendant is directed to file his response by May 7, 2024 at 11:00 a.m. Counsel should hold themselves available for a possible conference call with the Court on May 7, 2024 at 3:00 p.m. (Responses due by 5/7/2024. Telephone Conference set for 5/7/2024 at 03:00 PM before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 5/6/2024) (lnl) (Entered: 05/06/2024)
5/6/2024FIRST MOTION for Extension of Time to File Response/Reply as to 173 Response in Opposition to Motion, . Document filed by Jesus Cabrera. (Guadagnino, Peter) (Entered: 05/06/2024)
5/6/2024LETTER RESPONSE in Opposition by USA as to Jesus Cabrera addressed to Judge Naomi Reice Buchwald from USA dated May 6, 2024 re: 172 FIRST MOTION for Order of Competency to Stand Trial .. (Attachments: # 1 Exhibit A - Dr. Paradis CV)(Robles, David) (Entered: 05/06/2024)
5/2/2024FIRST MOTION for Order of Competency to Stand Trial . Document filed by Jesus Cabrera. (Attachments: # 1 Exhibit Medical Records)(Guadagnino, Peter) (Entered: 05/02/2024)
4/5/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Willie Harris. Notice is hereby given that an official transcript of a Plea proceeding held on 3/12/2024 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: 04/05/2024)
4/5/2024TRANSCRIPT of Proceedings as to Willie Harris re: Plea held on 3/12/2024 before Judge Naomi Reice Buchwald. 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 4/26/2024. Redacted Transcript Deadline set for 5/6/2024. Release of Transcript Restriction set for 7/8/2024. (McGuirk, Kelly) (Entered: 04/05/2024)
3/19/2024NOTICE OF ATTORNEY APPEARANCE: Peter Joseph Guadagnino, JR appearing for Jesus Cabrera. Appearance Type: Retained. (Guadagnino, Peter) (Entered: 03/19/2024)
3/15/2024Set/Reset Hearings as to Willie Harris: Sentencing set for 6/25/2024 at 12:15 PM before Judge Naomi Reice Buchwald. (ap) (Entered: 03/15/2024)
3/15/2024Set/Reset Hearings as to Jose Figueroa: Sentencing set for 6/25/2024 at 11:00 AM before Judge Naomi Reice Buchwald. (ap) (Entered: 03/15/2024)
3/15/2024MEMO ENDORSEMENT as to Willie Harris, Jose Figueroa on re: 167 LETTER by USA as to Willie Harris, Jose Figueroa addressed to Judge Naomi Reice Buchwald from USA dated March 14, 2024 re: Sentencing Date. ENDORSEMENT: Sentencing for defendant Jose Figueroa is scheduled for June 25, 2024 at 11:00 am. Sentencing for defendant Willie Harris is scheduled for June 25, 2024 at 12:15 pm. Sentencing submissions from the defendants shall be filed by June 13, 2024. Sentencing submissions from the Government shall be filed by June 20, 2024. (Signed by Judge Naomi Reice Buchwald on 3/15/2024)(ap) (Entered: 03/15/2024)
3/14/2024 LETTER by USA as to Willie Harris, Jose Figueroa addressed to Judge Naomi Reice Buchwald from USA dated March 14, 2024 re: Sentencing Date Document filed by USA. (King, Matthew) (Entered: 03/14/2024)
3/12/2024Change of Not Guilty Plea to Guilty Plea as to Willie Harris (6) Count 1s. (job) (Entered: 03/12/2024)
3/12/2024Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Change of Plea Hearing as to Willie Harris held on 3/12/2024. Plea entered by Willie Harris (6) Guilty of Lesser Offense as to Count 1s. Present: AUSA David Robles for the Government; AUSA Matthew King for the Government; Joan Loughnane for Defendant Willie Harris; Cassandra Liu for Defendant Willie Harris; Defendant Willie Harris; Court Reporter. A change of plea hearing was held March 12, 2024 before Judge Buchwald in-person. Mr. Harris pleaded guilty to the lesser-included offense as to Count 1 of S4 of participating in a conspiracy to distribute and possess with intent to distribute 40 grams and more of mixtures and substances containing a detectable amount of fentanyl, in violation of Title 21, United States Code, Sections 846 and 841(b)(1)(B). Duration: 40 minutes (job) (Entered: 03/12/2024)
3/5/2024MEMORANDUM AND ORDER as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa: The motion is denied in all respects. The Clerk of Court is respectfully directed to terminate the motions pending at ECF Nos. 140 and 151. Counsel is reminded to adhere to the deadlines in the Court's January 9, 2024 Order addressing pretrial submissions. See ECF No. 141. (Signed by Judge Naomi Reice Buchwald on 3/5/2024) (See ORDER set forth) (ap) (Entered: 03/05/2024)
2/29/2024Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference as to Willie Harris held on 2/29/2024. Present: AUSA Matthew King; Joan Loughnane for Defendant Willie Harris; Cassandra Liu for Defendant Willie Harris; Defendant Willie Harris; Court Reporter. A status conference was held before Judge Buchwald in-person on February 29, 2024. The next conference is scheduled for March 12, 2024 at 12:30 pm. (Status Conference set for 3/12/2024 at 12:30 PM before Judge Naomi Reice Buchwald.) (jbo) (Entered: 02/29/2024)
2/15/2024Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference as to Willie Harris held on 2/15/2024. Present: AUSA Matthew King for the Government; Joan Loughnane for Defendant Willie Harris; Alexa Poletto for Defendant Willie Harris. A scheduling conference with counsel, where the defendant was not present, was held before Judge Buchwald telephonically on February 15, 2024. A conference was scheduled for February 29, 2024 at 12:30 p.m. (Status Conference set for 2/29/2024 at 12:30 PM before Judge Naomi Reice Buchwald) (lnl) (Entered: 02/15/2024)
2/9/2024FIRST REPLY MEMORANDUM OF LAW in Support as to Jesus Cabrera re: 140 FIRST MOTION to Dismiss Dawn M. Florio. . (Murray, Declan) (Entered: 02/09/2024)
2/9/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Frankie Capellan. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/30/2024 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: 02/09/2024)
2/9/2024TRANSCRIPT of Proceedings as to Frankie Capellan re: Sentence held on 1/30/2024 before Judge Naomi Reice Buchwald. 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 3/1/2024. Redacted Transcript Deadline set for 3/11/2024. Release of Transcript Restriction set for 5/9/2024. (McGuirk, Kelly) (Entered: 02/09/2024)
2/6/2024MEMO ENDORSEMENT as to Frankie Capellan (5) granting 161 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Richard H. Rosenberg dated February 5, 2024 re: Request to Approve Additional Hours for Associate Counsel Nunc Pro Tunc. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 2/6/2024) (lnl) (Entered: 02/07/2024)
2/5/2024 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Richard H. Rosenberg dated February 5, 2024 re: Request to Approve Additional Hours for Associate Counsel Nunc Pro Tunc . Document filed by Frankie Capellan. (Rosenberg, Richard) (Entered: 02/05/2024)
2/1/2024FILED JUDGMENT IN A CRIMINAL CASE as to Frankie Capellan (5), Count(s) 1, 2s, Dismissed; Pleaded guilty to Count(s) 1s, Imprisonment for a total term of 120 months. The defendant should receive full credit for the time served since his arrest on March 21, 2022. Supervised release for a term of 5 Years. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the Bureau of Prisons designate the defendant to a facility as close to New York City as possible to facilitate family visits. The Court also recommends that the Bureau of Prisons enroll the defendant in any available and appropriate program for drug and mental health treatment. Special Assessment of $100 which is due immediately. (Signed by Judge Naomi Reice Buchwald on 2/1/24)(jw) (Entered: 02/02/2024)
2/1/2024DISMISSAL OF COUNTS on Government Motion as to Frankie Capellan (5) Count 1,2s. (jw) (Entered: 02/02/2024)
1/31/2024MEMORANDUM in Opposition by USA as to Michael Amaya, Jesus Cabrera re 140 FIRST MOTION to Dismiss Dawn M. Florio.. (King, Matthew) (Entered: 01/31/2024)
1/30/2024Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Sentencing held on 1/30/2024 for Frankie Capellan (5) Count 1s. Present: AUSA Kaylan Lasky for the Government; Richard Rosenberg for Defendant; Clara Kalhous for Defendant; Defendant Frankie Capellan; Court Reporter. A sentencing hearing was held before Judge Buchwald in-person on January 30, 2024. The Court sentenced Defendant to 10 years; 5 years supervised release subject to mandatory, standard, and special conditions; and a $100 special assessment. (jbo) (Entered: 01/30/2024)
1/26/2024Sentencing Letter by Frankie Capellan addressed to Judge Buchwald from Richard H. Rosenberg dated January 26, 2024 re: Reply to the Government's Sentencing Memorandum. (Rosenberg, Richard) (Entered: 01/26/2024)
1/25/2024SENTENCING SUBMISSION by USA as to Frankie Capellan. (Lasky, Kaylan) (Entered: 01/25/2024)
1/25/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alberto Concepcion. Notice is hereby given that an official transcript of a Plea proceeding held on 12/27/23 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: 01/25/2024)
1/25/2024TRANSCRIPT of Proceedings as to Alberto Concepcion re: Plea held on 12/27/23 before Judge Naomi Reice Buchwald. 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 2/15/2024. Redacted Transcript Deadline set for 2/26/2024. Release of Transcript Restriction set for 4/24/2024. (Moya, Goretti) (Entered: 01/25/2024)
1/25/2024MEMO ENDORSEMENT 153 CONSENT LETTER MOTION addressed to Judge Naomi Reice Buchwald from USA dated 01/25/2024 re: Sentencing Submission Adjournment as to Frankie Capellan...ENDORSEMENT...Application granted. SO ORDERED (Signed by Judge Naomi Reice Buchwald on 1/25/2024) (jw) (Entered: 01/25/2024)
1/25/2024CONSENT LETTER MOTION addressed to Judge Naomi Reice Buchwald from USA dated 01/25/2024 re: Sentencing Submission Adjournment . Document filed by USA as to Frankie Capellan. (Lasky, Kaylan) (Entered: 01/25/2024)
1/23/2024MEMO ENDORSEMENT granting 151 LETTER MOTION re: 151 LETTER MOTION addressed to Judge Naomi Reice Buchwald from USA dated January 23, 2024 re: Request for Adjournment of Motion to Dismiss Opposition Deadline as to Jesus Cabrera...ENDORSEMENT...Application Granted. SO ORDERED (Signed by Judge Naomi Reice Buchwald on 1/23/24) (jw) (Entered: 01/24/2024)
1/23/2024 LETTER MOTION addressed to Judge Naomi Reice Buchwald from USA dated January 23, 2024 re: Request for Adjournment of Motion to Dismiss Opposition Deadline . Document filed by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa. (King, Matthew) (Entered: 01/23/2024)
1/23/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alberto Concepcion. Notice is hereby given that an official transcript of a Conference proceeding held on 12/7/23 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 Alberto Concepcion re: Conference held on 12/7/23 before Judge Naomi Reice Buchwald. 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 2/13/2024. Redacted Transcript Deadline set for 2/23/2024. Release of Transcript Restriction set for 4/22/2024. (Moya, Goretti) (Entered: 01/23/2024)
1/23/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Amaya, Jesus Cabrera, Humberto Borges. Notice is hereby given that an official transcript of a Conference proceeding held on 12/7/23 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 Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges re: Conference held on 12/7/23 before Judge Naomi Reice Buchwald. 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 2/13/2024. Redacted Transcript Deadline set for 2/23/2024. Release of Transcript Restriction set for 4/22/2024. (Moya, Goretti) (Entered: 01/23/2024)
1/19/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Amaya, Jesus Cabrera, Humberto Borges. Notice is hereby given that an official transcript of a Conference proceeding held on 1/4/2024 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: 01/19/2024)
1/19/2024TRANSCRIPT of Proceedings as to Michael Amaya, Jesus Cabrera, Humberto Borges re: Conference held on 1/4/2024 before Judge Naomi Reice Buchwald. 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 2/9/2024. Redacted Transcript Deadline set for 2/20/2024. Release of Transcript Restriction set for 4/18/2024. (McGuirk, Kelly) (Entered: 01/19/2024)
1/16/2024Sentencing Letter by Frankie Capellan addressed to Judge Naomi R. Buchwald from Richard H. Rosenberg, Esq. dated January 16, 2024 re: Sentencing of Frankie Capellan. (Attachments: # 1 Exhibit A - Letter from Samantha Capellan, # 2 Exhibit B - Letter from Francisco Santiago)(Rosenberg, Richard) (Entered: 01/16/2024)
1/10/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jose Figueroa. Notice is hereby given that an official transcript of a Plea proceeding held on 12/27/23 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: 01/10/2024)
1/10/2024TRANSCRIPT of Proceedings as to Jose Figueroa re: Plea held on 12/27/23 before Judge Naomi Reice Buchwald. 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 1/31/2024. Redacted Transcript Deadline set for 2/12/2024. Release of Transcript Restriction set for 4/9/2024. (Moya, Goretti) (Entered: 01/10/2024)
1/9/2024ORDER as to Michael Amaya, Jesus Cabrera, Humberto Borges, Willie Harris: Trial as to the remaining defendants in the above captioned case will begin on July 8, 2024. Trial will be held from 9:00am - 2:15 pm with a break from 11:15am 11:45am. This schedule does not apply during jury selection, jury deliberations, and summations. The following schedule will govern the briefing of the motion to dismiss the indictment filed on January 4, 2024, see ECF No. 140: The Governments opposition to the motion is due on January 26, 2024. Replies, if any, are due on February 9, 2024. The following schedule will govern the filing of motions in limine and proposed requests to charge and voir dire: Motions in limine to be filed no later than May 29, 2024, with oppositions due on June 5, 2024 and replies due on June 10, 2024. Requests to charge and voir dire to be filed no later than June 20, 2024. Speedy trial time is excluded until July 8, 2024, 18 USC §3161(h)(7)(A). Time excluded from 1/9/2024 until 7/8/2024. (Government's response due by 1/26/2024. Replies due by 2/9/2024. Motions in limine due by 5/29/2024. Responses due by 6/5/2024. Replies due by 6/10/2024. Jury Trial set for 7/8/2024 at 09:00 AM before Judge Naomi Reice Buchwald) (Signed by Judge Naomi Reice Buchwald on 1/9/2024)(ap) (Entered: 01/09/2024)
1/4/2024Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference as to Michael Amaya, Jesus Cabrera, Humberto Borges held on 1/4/2024. AUSA David Robles; Dawn Florio for Defendant Jesus Cabrera; Javier Solano for Defendant Michael Amaya; Carlos Santiago for Defendant Humberto Borges; Defendant Jesus Cabrera; Defendant Michael Amaya; Defendant Humberto Borges; Court Reporter. A status conference was held on January 4, 2024 before Judge Buchwald in person. Speedy trial time is excluded until July 8, 2024. (ap) (Entered: 01/09/2024)
1/4/2024FIRST MOTION to Dismiss Dawn M. Florio. Document filed by Jesus Cabrera. (Florio, Dawn) (Entered: 01/04/2024)
1/3/2024MEMO ENDORSEMENT as to Willie Harris (6) on 138 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Joan M. Loughnane dated January 2, 2024 re: Adjournment of the January 4, 2024 Status Conference. ENDORSEMENT: The conference is adjourned to February 15, 2024 at 11am. Speedy trial time excluded, 18 USC §3161(h)(7)(A). (Signed by Judge Naomi Reice Buchwald on 1/3/2024) (ap) (Entered: 01/03/2024)
1/2/2024 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Joan M. Loughnane dated January 2, 2024 re: Adjournment of the January 4, 2024 Status Conference . Document filed by Willie Harris. (Loughnane, Joan) (Entered: 01/02/2024)
12/27/2023Change of Not Guilty Plea to Guilty Plea as to Jose Figueroa (8) Count 1s. (jbo) (Entered: 12/28/2023)
12/27/2023Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Change of Plea Hearing as to Jose Figueroa held on 12/27/2023. Plea entered by Jose Figueroa (8) Guilty of Lesser Offense as to Count 1s. Present: AUSA Kaylan Lasky for the Government; Esere J. Onaodowan for Defendant Jose Figueroa; Defendant Jose Figueroa; Court Reporter; Translator. A change of plea hearing was held December 27, 2023 before Judge Buchwald in-person. Mr. Figueroa pleaded guilty to the lesser-included offense as to Count 1 of participating in a conspiracy to distribute and possess with intent to distribute 40 grams and more of mixtures and substances containing a detectable amount of fentanyl, in violation of Title 21, United States Code, Sections 846 and 841(b)(1)(B). (jbo) (Entered: 12/28/2023)
12/27/2023Change of Not Guilty Plea to Guilty Plea as to Alberto Concepcion (3) Count 1ss. (jbo) (Entered: 12/28/2023)
12/27/2023Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Change of Plea Hearing as to Alberto Concepcion held on 12/27/2023. Plea entered by Alberto Concepcion (3) Guilty of Lesser Offense as to Count 1ss. Present: AUSA Kaylan Lasky for the Government; Steven Brill for Defendant Alberto Concepcion; Defendant Alberto Concepcion; Court Reporter. A change of plea hearing was held December 27, 2023 before Judge Buchwald in-person. Mr. Concepcion pleaded guilty to the lesser-included offense as to Count 1 of participating in a conspiracy to distribute and possess with intent to distribute 40 grams and more of mixtures and substances containing a detectable amount of fentanyl, in violation of Title 21, United States Code, Sections 846 and 841(b)(1)(B). (jbo) (Entered: 12/28/2023)
12/27/2023WAIVER OF INDICTMENT by Alberto Concepcion. (jm) (Entered: 12/27/2023)
12/27/2023(S5) SUPERSEDING INFORMATION (Felony) filed as to Alberto Concepcion (3) count(s) 1ss. (jm) (Entered: 12/27/2023)
12/7/2023MEMO ENDORSEMENT as to Jose Figueroa (8) granting 132 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Esere J. Onaodowan dated 12/6/2023 re: Request to Excuse Jose Figueroa's Appearance from December 7 2023 Status Conference. ENDORSEMENT: Application granted. Speedy trial time excluded until the next conference now scheduled for January 4, 2023. So Ordered. (Signed by Judge Naomi Reice Buchwald on 12/7/2023) (ap) Modified on 12/8/2023 (ap). (Entered: 12/08/2023)
12/7/2023MEMO ENDORSEMENT as to Willie Harris (6) granting 131 MOTION adjournment of the December 7, 2023 status conference. ENDORSEMENT: So Ordered. Speedy Trial time excluded until January 4, 2024. 18 U.S.C. §3161(h)(7)(A). (Signed by Judge Naomi Reice Buchwald on 12/7/2023) (ap) (Entered: 12/08/2023)
12/7/2023Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference as to Alberto Concepcion held on 12/7/2023. AUSA Alexander Li for the Government; Steven Brill for Defendant Alberto Concepcion; Defendant Alberto Concepcion; Court Reporter. A status conference was held on December 7, 2023 before Judge Buchwald in person. A status conference was scheduled for January 4 at 11:00 a.m. Speedy trial time is excluded until then. (ap) (Entered: 12/07/2023)
12/7/2023Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges held on 12/7/2023. AUSA David Robles for the Government; Dawn Florio and Ivan Smith for Defendant Jesus Cabrera; Michael Kushner for Defendant Michael Amaya; Steven Brill for Defendants Alberto Concepcion and Humberto Borges; Defendant Jesus Cabrera; Defendant Michael Amaya; Defendant Alberto Concepcion; Defendant Humberto Borges; Court Reporter. A status conference was held on December 7, 2023 before Judge Buchwald in person. A status conference was scheduled for January 4 at 11:00 a.m. Speedy trial time is excluded until then. (Status Conference set for 1/4/2024 at 11:00 AM before Judge Naomi Reice Buchwald) (ap) (Entered: 12/07/2023)
12/6/2023 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Esere J. Onaodowan dated 12/6/2023 re: Request to Excuse Jose Figueroa's Appearance from December 7 2023 Status Conference. Document filed by Jose Figueroa. Return Date set for 12/7/2023 at 11:00 AM. (Onaodowan, Esereosonobrughue) (Entered: 12/06/2023)
12/6/2023 MOTION adjournment of the December 7, 2023 status conference . Document filed by Willie Harris. (Loughnane, Joan) (Entered: 12/06/2023)
11/17/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Frankie Capellan. Notice is hereby given that an official transcript of a Plea proceeding held on 10/3/2023 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: 11/17/2023)
11/17/2023TRANSCRIPT of Proceedings as to Frankie Capellan re: Plea held on 10/3/2023 before Judge Naomi Reice Buchwald. 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 12/8/2023. Redacted Transcript Deadline set for 12/18/2023. Release of Transcript Restriction set for 2/15/2024. (McGuirk, Kelly) (Entered: 11/17/2023)
11/15/2023MEMO ENDORSEMENT as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa on 126 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Joan M. Loughnane dated 11/15/2023 re: Adjournment of November 16, 2023 Status Conference. ENDORSEMENT: The conference is adjourned to December 7, 2023 at 11am. Speedy trial time excluded, 18 USC §3161(h)(7)(A). So ordered. (Status Conference set for 12/7/2023 at 11:00 AM before Judge Naomi Reice Buchwald) (Signed by Judge Naomi Reice Buchwald on 11/15/2023) (lnl) (Entered: 11/15/2023)
11/15/2023 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Joan M. Loughnane dated 11/15/2023 re: Adjournment of November 16, 2023 Status Conference . Document filed by Willie Harris as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa. (Loughnane, Joan) (Entered: 11/15/2023)
10/19/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jesus Cabrera. Notice is hereby given that an official transcript of a Conference proceeding held on 9/21/23 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: 10/19/2023)
10/19/2023TRANSCRIPT of Proceedings as to Jesus Cabrera re: Conference held on 9/21/23 before Judge Naomi Reice Buchwald. 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 11/9/2023. Redacted Transcript Deadline set for 11/20/2023. Release of Transcript Restriction set for 1/17/2024. (Moya, Goretti) (Entered: 10/19/2023)
10/3/2023Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Change of Plea Hearing as to Frankie Capellan held on 10/3/2023. Present: AUSA David Robles for the Government; Richard Rosenberg for Defendant Frankie Capellan; Clara Kalhous for Defendant Frankie Capellan; Defendant Frankie Capellan; Court Reporter. A change of plea hearing was held October 3, 2023 before Judge Buchwald in-person. Mr. Capellan pleaded guilty to the lesser-included offense of participating in a conspiracy to distribute and possess with intent to distribute 40 grams and more of mixtures and substances containing a detectable amount of fentanyl, in violation of Title 21, United States Code, Sections 846 and 841(b)(1)(B). The sentencing hearing is scheduled for January 30, 2024 at 11:45 a.m. The PSR is due December 25, 2023, the defense submission is due January 16, 2024, and the Government's submission is due January 23, 2024. (Sentencing set for 1/30/2024 at 11:45 AM before Judge Naomi Reice Buchwald) Plea entered by Frankie Capellan (5) Guilty of Lesser Offense as to Count 1s. (lnl) (Entered: 10/03/2023)
9/21/2023Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Willie Harris, Jose Figueroa held on 9/21/2023. AUSA Matthew King for the Government; Dawn Florio and Ivan Smith for Defendant Jesus Cabrera; Michael Kushner for Defendant Michael Amaya; Steven Brill for Defendant Alberto Concepcion; Carlos Santiago for Defendants Humberto Borges and Jose Figueroa; Joan Loughnane for Defendant Willie Harris; Defendant Jesus Cabrera; Defendant Michael Amaya; Defendant Alberto Concepcion; Defendant Humberto Borges; Defendant Willie Harris; Defendant Jose Figueroa; Spanish Translator; Court Reporter. A status conference was held on September 21, 2023 before Judge Buchwald in person. A status conference was scheduled for November 16, 2023 at 11:30 a.m. Speedy trial time is excluded until then. (Status Conference set for 11/16/2023 at 11:30 AM before Judge Naomi Reice Buchwald) (lnl) (Entered: 09/21/2023)
9/20/2023MEMO ENDORSEMENT as to Frankie Capellan on re: 122 LETTER by USA as to Frankie Capellan addressed to Judge Naomi Reice Buchwald from David J. Robles dated September 19, 2023 re: Request to Excuse Defendant Frankie Capellan from the Sept. 21, 2023 Conference. ENDORSEMENT: So Ordered * Speedy trial time for defendant Capellan is excluded until October 3, 2023 18 U.S.C. §3161(h)(7)(A). (Signed by Judge Naomi Reice Buchwald on 9/19/2023)(ap) (Entered: 09/20/2023)
9/19/2023 LETTER by USA as to Frankie Capellan addressed to Judge Naomi Reice Buchwald from David J. Robles dated September 19, 2023 re: Request to Excuse Defendant Frankie Capellan from the Sept. 21, 2023 Conference Document filed by USA. (Robles, David) (Entered: 09/19/2023)
8/30/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jesus Cabrera. Notice is hereby given that an official transcript of a Conference proceeding held on 7/27/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/30/2023)
8/30/2023TRANSCRIPT of Proceedings as to Jesus Cabrera re: Conference held on 7/27/2023 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Sonya Ketter Moore, (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 9/20/2023. Redacted Transcript Deadline set for 10/2/2023. Release of Transcript Restriction set for 11/28/2023. (McGuirk, Kelly) (Entered: 08/30/2023)
7/27/2023ORAL ORDER as to Michael Amaya (1), Jesus Cabrera (2), Alberto Concepcion (3), Humberto Borges (4), Frankie Capellan (5), Willie Harris (6), Jose Figueroa (8). Time excluded from 7/27/2023 until 9/21/2023. Status Conference set for 9/21/2023 at 12:00 PM before Judge Naomi Reice Buchwald. (bw) (Entered: 07/27/2023)
7/27/2023Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference as to Michael Amaya (1), Jesus Cabrera (2), Alberto Concepcion (3), Humberto Borges (4), Frankie Capellan (5), Willie Harris (6), Jose Figueroa (8) held on 7/27/2023. Present: AUSA David Robles, AUSA Kaylan Lasky, AUSA Matthew King for the Government; Dawn Florio and Declan Murray for Defendant Jesus Cabrera; Javier Solano for Defendant Michael Amaya; James Healy for Defendant Alberto Concepcion; Carlos Santiago for Defendant Humberto Borges; Richard Rosenberg for Defendant Frankie Capellan; Joan Loughnane for Defendant Willie Harris; Esere Onaodowan for Defendant Jose Figueroa; Defendant Jesus Cabrera; Defendant Michael Amaya; Defendant Alberto Concepcion; Defendant Humberto Borges; Defendant Frankie Capellan; Defendant Willie Harris; Defendant Jose Figueroa; Spanish Translator; Court Reporter. A status conference was held on July 27, 2023 before Judge Buchwald in person. A status conference was scheduled for September 21, 2023 at 12:00 p.m. Speedy trial time is excluded until then. (bw) (Entered: 07/27/2023)
7/12/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alberto Concepcion. Notice is hereby given that an official transcript of a Conference proceeding held on 6/29/23 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: 07/12/2023)
7/12/2023TRANSCRIPT of Proceedings as to Alberto Concepcion re: Conference held on 6/29/23 before Judge Naomi Reice Buchwald. 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 8/2/2023. Redacted Transcript Deadline set for 8/14/2023. Release of Transcript Restriction set for 10/10/2023. (Moya, Goretti) (Entered: 07/12/2023)
6/29/2023MEMORANDUM AND ORDER as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa. The fourth superseding indictment (the "S4 Indictment") charges seven defendants--Jesus Cabrera, a/k/a "Gee" ("Cabrera"); Michael Amaya, a/k/a "Miz" ("Amaya"); Alberto Concepcion, a/k/a "Chino" ("Concepcion"); Humberto Borges, a/k/a "Berto"; Frankie Capellan, a/k/a "Nitty"; Willie Harris, a/k/a "Light" ("Harris"); and Jose Figueroa, a/k/a "Chelo" (collectively, "defendants")--with conspiracy to distribute and possess with intent to distribute fentanyl and four of those seven defendants--Cabrera, Amaya, Concepcion, and Harris--with possession of and aiding and abetting the use, carrying, and possession of firearms in furtherance of that conspiracy. See ECF No. 69 ("S4 Ind.") Paragraphs 1-5. Presently before the Court are Cabrera, Amaya, and Harris's (collectively, "movants") pre-trial motions. The following is a list of those motions: (1) motions for severance by Cabrera, Amaya, and Harris; (2) a motion for a bill of particulars by Harris; (3) a motion to dismiss Count Two of the S4 Indictment by Harris; (4) motions for disclosure of witness identities and witness materials by Amaya and Harris; (5) a motion to suppress evidence based on warrantless searches by Amaya; (6) motions to controvert search warrants and suppress the fruits of those searches by Cabrera and Amaya; and (7) a motion for disclosure of Rule 404(b) evidence by Amaya.1 See ECF Nos. 80-83, 86, 96, 104. For the reasons stated below, each of the motions is denied....[*** See this Memorandum And Order ***]... CONCLUSION: For the foregoing reasons, each of the pre-trial motions is denied in its entirety. The Clerk of Court is respectfully directed to terminate the motions pending at ECF Nos. 80, 86, 96.(See Footnote 13 on this Memorandum And Order). SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/29/2023)(bw) (Entered: 06/30/2023)
6/29/2023Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference as to Alberto Concepcion held on 6/29/2023. AUSA Matthew King for the Government; Steven Brill for Defendant Alberto Concepcion; Court Reporter. A conference was held on June 29, 2023 before Judge Buchwald in-person. Defendant Concepcion withdrew his motion to suppress at ECF No. 84. (ap) (Entered: 06/29/2023)
6/26/2023ENDORSED LETTER as to (22-Cr-10-3) Alberto Concepcion addressed to Judge Naomi Reice Buchwald from AUSAs David Robles / Kaylan Lasky / Matthew King, dated June 26, 2023 re: The parties jointly write to request that the evidentiary hearing with respect to Mr. Concepcion's suppression motion, which is currently scheduled for June 29, 2023, be converted to a change-of-plea proceeding. ENDORSEMENT: Application granted. The change of plea hearing is scheduled for 11:30 am on June 29, 2023. SO ORDERED. ( Change of Plea Hearing set for 6/29/2023 at 11:30 AM before Judge Naomi Reice Buchwald. )(Signed by Judge Naomi Reice Buchwald on 6/26/2023)(bw) (Entered: 06/26/2023)
6/26/2023JOINT LETTER MOTION addressed to Judge Naomi Reice Buchwald from USA dated 06/26/2023 re: Converting Hearing to Change-of-Plea Proceeding . Document filed by USA as to Alberto Concepcion. (Lasky, Kaylan) (Entered: 06/26/2023)
6/23/2023 LETTER by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from the Government dated June 23, 2023 re: Bodycam Footage of Amaya Stop Document filed by USA. (King, Matthew) (Entered: 06/23/2023)
6/14/2023MEMO ENDORSEMENT as to Alberto Concepcion on re: 112 In connection with the upcoming evidentiary hearing with respect to Mr. Concepcion's suppression motion, which is scheduled for June 29, 2023, the Government writes to respectfully request that it be permitted to call one of its potential witnesses, who is unavailable on June 29, 2023, on July 6, 2023, should the Government in fact proceed with calling this witness...ENDORSEMENT...Application granted. The Government may call its witness on July 6, 2023at 12:30 p.m. (Signed by Judge Naomi Reice Buchwald on 6/14/2023)(jw) (Entered: 06/14/2023)
6/13/2023 LETTER by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from USA dated June 13, 2023 re: Suppression Hearing Date Document filed by USA. (King, Matthew) (Entered: 06/13/2023)
6/6/2023ORDER as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa. WHEREAS pre-trial motions were filed on February 17, 2023 and March 3, 2023 by defendants Jesus Cabrera, a/k/a "Gee"; Michael Amaya, a/k/a "Miz"; Alberto Concepcion, a/k/a "Chino"; and Willie Harris, a/k/a "Light", see ECF Nos. 80-86, 96; WHEREAS those pre-trial motions were fully briefed on May 15, 2023 and May 22, 2023, see ECF Nos. 109, 110; it is hereby ORDERED that an evidentiary hearing on Concepcion's motion to suppress, see ECF Nos. 84-85, will be held on June 29, 2023 at 10:30 a.m.; and ORDERED that the Government should bring a copy of and be prepared to play the Body Worn Camera footage of the November 21, 2020 stop of Amaya, referenced in the Government's letter of May 10, 2023, see ECF No. 106, at the June 29, 2023 evidentiary hearing on Concepcion's motion to suppress; and ORDERED that a status conference will be held on July 27, 2023 at 12:00 p.m. Speedy trial time is excluded as to all defendants until then. The Court finds that the ends of justice are served by the granting of this continuance and that the continuance outweighs the best interests of the public and defendants in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A). ( Evidentiary Hearing set for 6/29/2023 at 10:30 AM before Judge Naomi Reice Buchwald. Status Conference set for 7/27/2023 at 12:00 PM before Judge Naomi Reice Buchwald. ) (Signed by Judge Naomi Reice Buchwald on 6/6/2023)(bw) (Entered: 06/07/2023)
5/22/2023 REPLY MEMORANDUM OF LAW in Support as to Willie Harris re: 80 MOTION to Compel the Government to produce the identity of any confidential informants or witnesses, compel the Government to produce Giglio, Jencks material, and an exhibit list. MOTION to Dismiss Count Two of the Indictment. MOTION to Sever Defendant Harris's trial from that of his co-defendants. MOTION for Joinder any pre-trial motions of co-defendants that are relevant to Harris. . (Loughnane, Joan) (Entered: 05/22/2023)
5/15/2023LETTER REPLY TO RESPONSE to Motion by Jesus Cabrera addressed to Judge Naomi Reice Buchwald from Dawn M. Florio dated 5/15/2023 re 86 FIRST LETTER MOTION addressed to Judge Naomi Reice Buchwald from Dawn M. Florio dated 2/17/2023 re: Suppress .. Dawn M. Florio (Murray, Declan) (Entered: 05/15/2023)
5/12/2023MEMO ENDORSEMENT 107 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Joan Loughnane dated May 12, 2023 re: Extension of time to file reply in support of omnibus pretrial motion as to Willie Harris...ENDORSEMENT...Application granted. Speedy Trial time excluded until May 22, 2023 under 18 USC 3161(h)(1)(D) and (h)(7) (Signed by Judge Naomi Reice Buchwald on 5/12/2023) (jw) (Entered: 05/12/2023)
5/12/2023 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Joan Loughnane dated May 12, 2023 re: Extension of time to file reply in support of omnibus pretrial motion . Document filed by Willie Harris. (Loughnane, Joan) (Entered: 05/12/2023)
5/10/2023 RESPONSE in Opposition by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa re: 96 MOTION to Suppress and related pretrial relief.. (King, Matthew) (Entered: 05/10/2023)
5/3/2023DECLARATION of Michael P. Kushner in Support as to Michael Amaya re: 96 MOTION to Suppress and related pretrial relief.. (Kushner, Michael) (Entered: 05/03/2023)
5/3/2023MEMORANDUM in Support by Michael Amaya re 96 MOTION to Suppress and related pretrial relief.. (Kushner, Michael) (Entered: 05/03/2023)
5/2/2023NOTICE OF ATTORNEY APPEARANCE Matthew J. King appearing for USA. (King, Matthew) (Entered: 05/02/2023)
5/1/2023 LETTER by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from David J. Robles dated May 1, 2023 re: Government's Omnibus Response to the Defendants' Pretrial Motions Document filed by USA. (Robles, David) (Entered: 05/01/2023)
5/1/2023MEMORANDUM in Opposition by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa re 96 MOTION to Suppress and related pretrial relief., 84 FIRST MOTION to Suppress ., 80 MOTION to Compel the Government to produce the identity of any confidential informants or witnesses, compel the Government to produce Giglio, Jencks material, and an exhibit list. MOTION to Dismiss Count Two of the Indictment. MOTION to Sever Defendant Harris's trial from that of his co-defendants. MOTION for Joinder any pre-trial motions of co-defendants that are relevant to Harris., 86 FIRST LETTER MOTION addressed to Judge Naomi Reice Buchwald from Dawn M. Florio dated 2/17/2023 re: Suppress .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Robles, David) (Entered: 05/01/2023)
4/10/2023ENDORSED LETTER as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from AUSA David J. Robles / Kaylan E. Lasky dated April 7, 2023 re: The Government writes to respectfully request a two-week adjournment of the current motions schedule in the above-captioned case, such that the Governments opposition to the defendants' motions (currently due on April 17, 2023) be due on May 1, 2023, and the defendants' replies (currently due on May 1, 2023) be due on May 15, 2023. ENDORSEMENT: Application granted. Speedy trial time excluded until May 15, 2023 under 18 U.S.C. Section 3161(h)(1)(D) and (h)(7). SO ORDERED. ( Responses due by 5/1/2023. Replies due by 5/15/2023. )(Signed by Judge Naomi Reice Buchwald on 4/10/2023)(bw) (Entered: 04/10/2023)
4/7/2023 LETTER by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from David J. Robles dated April 7, 2023 re: Request for Adjournment of Motions Schedule Document filed by USA. (Robles, David) (Entered: 04/07/2023)
3/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Jose Figueroa. Notice is hereby given that an official transcript of a Conference proceeding held on 1/10/2023 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: 03/27/2023)
3/27/2023TRANSCRIPT of Proceedings as to Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Jose Figueroa re: Conference held on 1/10/2023 before Judge Naomi Reice Buchwald. 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 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)
3/3/2023 MOTION to Suppress and related pretrial relief. Document filed by Michael Amaya. (Attachments: # 1 Affidavit Affidavit of Defendant, # 2 Affidavit Declaration of Counsel, # 3 Exhibit Sealed Complaint, # 4 Exhibit S4 Indictment, # 5 Exhibit 12.09.2021 GPS Warrant, # 6 Exhibit 12.14.2021 iCloud Warrant, # 7 Exhibit 12.21.2021 Cellphones Warrant, # 8 Exhibit 1.6.2022 Instagram Warrant, # 9 Exhibit 1.10.2022 iCloud Warrant Expansion, # 10 Exhibit 11.21.2020 NYPD Arrest Paperwork, # 11 Exhibit 7.7.2021 NYPD Arrest Paperwork, # 12 Exhibit BWC Videos - via Mail, # 13 Affidavit Declaration of Service)(Kushner, Michael) (Entered: 03/03/2023)
2/27/2023NOTICE OF ATTORNEY APPEARANCE: Alexa Poletto appearing for Willie Harris. Appearance Type: Pro Bono. (Poletto, Alexa) (Entered: 02/27/2023)
2/27/2023NOTICE OF ATTORNEY APPEARANCE: Michael Alexander Levy appearing for Willie Harris. Appearance Type: Pro Bono. (Levy, Michael) (Entered: 02/27/2023)
2/27/2023NOTICE OF ATTORNEY APPEARANCE: Joan Loughnane appearing for Willie Harris. Appearance Type: CJA Appointment. (Loughnane, Joan) (Entered: 02/27/2023)
2/24/2023Attorney update in case as to Willie Harris. Attorney Joan Loughnane for Willie Harris added. Attorney Sarah Elizabeth Aberg terminated (jw) (Entered: 02/24/2023)
2/24/2023ORDER as to Willie Harris. Pursuant to the Criminal Justice Act, Joan M. Loughnane is assigned to represent defendant Willie Harris in substitution for Sarah E. Aberg, who has been relieved (Signed by Judge Naomi Reice Buchwald on 2/24/2023)(jw) (Entered: 02/24/2023)
2/24/2023Set/Reset Deadlines/Hearings as to Jesus Cabrera: Motions due by 3/3/2023. Defense Replies due by 5/1/2023. Government's Responses due by 4/17/2023. (jw) (Entered: 02/24/2023)
2/24/2023MEMO ENDORSEMENT as to Jesus Cabrera...ENDORSEMENT...Application granted. Speedy trial time excluded until May 1, 2023 under 18 USC 3161(h)(1)(D) and (h)(7). Time excluded from 2/24/23 until 5/1/2023. (Signed by Judge Naomi Reice Buchwald on 2/24/2023)(jw) (Entered: 02/24/2023)
2/24/2023 LETTER by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from David J. Robles dated February 24, 2023 re: Proposed Motions Schedule and Speedy Trial Act Exclusion Document filed by USA. (Robles, David) (Entered: 02/24/2023)
2/22/2023AFFIDAVIT of Sarah E. Aberg in Support as to Willie Harris re 88 MOTION for Sarah E Aberg to Withdraw as Attorney .. (Aberg, Sarah) (Entered: 02/22/2023)
2/22/2023 MOTION for Sarah E Aberg to Withdraw as Attorney . Document filed by Willie Harris. (Aberg, Sarah) (Entered: 02/22/2023)
2/21/2023MEMO ENDORSEMENT 83 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Sarah E. Aberg dated February 17, 2023 re: 81 Declaration in Support of Motion re: Leave to File Exhibit Under Seal as to Willie Harris...ENDORSEMENT...Application Granted. SO ORDERED (Signed by Judge Naomi Reice Buchwald on 2/21/2023) (jw) (Entered: 02/21/2023)
2/17/2023FIRST LETTER MOTION addressed to Judge Naomi Reice Buchwald from Dawn M. Florio dated 2/17/2023 re: Suppress . Document filed by Jesus Cabrera. (Attachments: # 1 Supplement Table of Contents, # 2 Supplement Cover Letter)(Murray, Declan) (Entered: 02/17/2023)
2/17/2023MEMORANDUM in Support by Alberto Concepcion re 84 FIRST MOTION to Suppress .. (Healy, James) (Entered: 02/17/2023)
2/17/2023FIRST MOTION to Suppress . Document filed by Alberto Concepcion. (Attachments: # 1 Exhibit Exhibit A Affidavit, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Healy, James) (Entered: 02/17/2023)
2/17/2023 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Sarah E. Aberg dated February 17, 2023 re: 81 Declaration in Support of Motion,,, re: Leave to File Exhibit Under Seal . Document filed by Willie Harris. (Aberg, Sarah) (Entered: 02/17/2023)
2/17/2023***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Willie Harris: Notice to Attorney Sarah Elizabeth Aberg to RE-FILE Document 79 MOTION to Seal Document /Exhibit to Accompanying Declaration.. ERROR(S): No signature or s/. (db) (Entered: 02/17/2023)
2/17/2023MEMORANDUM in Support by Willie Harris re 80 MOTION to Compel the Government to produce the identity of any confidential informants or witnesses, compel the Government to produce Giglio, Jencks material, and an exhibit list. MOTION to Dismiss Count Two of the Indictment. MOTION to Sever Defendant Harris's trial from that of his co-defendants. MOTION for Joinder any pre-trial motions of co-defendants that are relevant to Harris.. (Aberg, Sarah) (Entered: 02/17/2023)
2/17/2023DECLARATION of Sarah E. Aberg in Support as to Willie Harris re: 80 MOTION to Compel the Government to produce the identity of any confidential informants or witnesses, compel the Government to produce Giglio, Jencks material, and an exhibit list. MOTION to Dismiss Count Two of the Indictment. MOTION to Sever Defendant Harris's trial from that of his co-defendants. MOTION for Joinder any pre-trial motions of co-defendants that are relevant to Harris.. (Attachments: # 1 Exhibit A- Psychology Services Intake Screening by the Bureau of Prisons [redacted], # 2 Exhibit B- Agents Affidavit, # 3 Exhibit C- Discovery Letter, # 4 Exhibit D- Arrest Report, # 5 Exhibit E- AUSA Email, # 6 Exhibit F- Request to AUSA, # 7 Exhibit G- Email from AUSA)(Aberg, Sarah) (Entered: 02/17/2023)
2/17/2023 MOTION to Compel the Government to produce the identity of any confidential informants or witnesses, compel the Government to produce Giglio, Jencks material, and an exhibit list., MOTION to Dismiss Count Two of the Indictment., MOTION to Sever Defendant Harris's trial from that of his co-defendants., MOTION for Joinder any pre-trial motions of co-defendants that are relevant to Harris. Document filed by Willie Harris. (Aberg, Sarah) (Entered: 02/17/2023)
2/17/2023 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Seal Document /Exhibit to Accompanying Declaration. Document filed by Willie Harris. (Aberg, Sarah) Modified on 2/17/2023 (db). (Entered: 02/17/2023)
2/15/2023ENDORSED LETTER as to (22-Cr-10-1) Michael Amaya addressed to Judge Naomi Reice Buchwald from Michae P. Kushner, Esq. dated February 14, 2023 re: I am writing to respectfully request a two-week extension of time for the submission of Mr. Amaya's motions.... I am respectfully requesting that this date be extended to permit defense motions to be filed on or before March 3, 2023. I have conferred with AUSA Kaylan Lasky who has consented to this request. ENDORSEMENT: So Ordered. Speedy Trial time excluded. ( Motions due by 3/3/2023. )(Signed by Judge Naomi Reice Buchwald on 2/15/2023)(bw) (Entered: 02/15/2023)
2/14/2023 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Michael P. Kushner, Esq. dated February 14, 2023 re: Extension of Time to File Defense Motions . Document filed by Michael Amaya. (Kushner, Michael) (Entered: 02/14/2023)
2/14/2023NOTICE OF ATTORNEY APPEARANCE: Michael Peter Kushner appearing for Michael Amaya. Appearance Type: Retained. Additional Counsel (Kushner, Michael) (Entered: 02/14/2023)
2/9/2023ENDORSED LETTER as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from Attorney Steven Brill, Counsel to Alberto Concepcion, dated February 9, 2023 re: it is respectfully request that Court extend the time to file all defense motions for one week until Friday, February 17, 2023. ENDORSEMENT: So Ordered. ( Motions due by 2/17/2023. )(Signed by Judge Naomi Reice Buchwald on 2/9/2023)(bw) (Entered: 02/09/2023)
2/9/2023FIRST LETTER MOTION addressed to Judge Naomi Reice Buchwald from Steven Brill dated February 9, 2023 re: Request Extension of Defense Motion Schedule for one week. Document filed by Alberto Concepcion as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa. (Brill, Steven) (Entered: 02/09/2023)
2/2/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Amaya. Notice is hereby given that an official transcript of a Conference proceeding held on 1/12/23 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: 02/02/2023)
2/2/2023TRANSCRIPT of Proceedings as to Michael Amaya re: Conference held on 1/12/23 before Judge Naomi Reice Buchwald. 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 2/23/2023. Redacted Transcript Deadline set for 3/6/2023. Release of Transcript Restriction set for 5/3/2023. (Moya, Goretti) (Entered: 02/02/2023)
1/12/2023Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Plea entered by Michael Amaya (1) Count 1ss,2ss -- Not Guilty. (bw) (Entered: 01/12/2023)
1/12/2023Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Arraignment as to Michael Amaya (1) Count 1ss,2ss held on 1/12/2023. Present: AUSA Kaylan Lasky for the Government; Javier Solano for Defendant Michael Amaya; Defendant Michael Amaya; Court Reporter. An arraignment was held as to the S4 superseding indictment on January 12, 2023 before Judge Buchwald in person. Mr. Amaya pled not guilty. (bw) (Entered: 01/12/2023)
1/10/2023Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Arraignment as to Jesus Cabrera (2) Count 1s,2s and Alberto Concepcion (3) Count 1s,2s and Humberto Borges (4) Count 1s,2s and Frankie Capellan (5) Count 1s,2s and Willie Harris (6) Count 1s,2s and Jose Figueroa (8) Count 1s,2s held on 1/10/2023. Present: AUSA David Robles for the Government; Dawn Florio for Defendant Jesus Cabrera; Steven Brill for Defendant Alberto Concepcion; Carlos Santiago for Defendant Humberto Borges; Richard Rosenberg for Defendant Frankie Capellan and standing in for Sarah Aberg for Defendant Willie Harris; Esere Onaodowan for Defendant Jose Figueroa; Defendant Jesus Cabrera; Defendant Alberto Concepcion; Defendant Humberto Borges; Defendant Frankie Capellan; Defendant Willie Harris; Defendant Jose Figueroa; Spanish Translator; Court Reporter. An arraignment was held as to the S4 superseding indictment on January 10, 2023 before Judge Buchwald in person. ( Plea entered by Jesus Cabrera (2) Count 1s,2s and Alberto Concepcion (3) Count 1s,2s and Humberto Borges (4) Count 1s,2s and Frankie Capellan (5) Count 1s,2s and Willie Harris (6) Count 1s,2s and Jose Figueroa (8) Count 1s,2s --- Not Guilty. ) (bw) (Entered: 01/10/2023)
1/4/2023MEMO ENDORSEMENT as to Michael Amaya (1), Jesus Cabrera (2), Alberto Concepcion (3), Humberto Borges (4), Frankie Capellan (5), Willie Harris (6), Luis Ramirez (7), Jose Figueroa (8) granting 70 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Sarah E. Aberg dated January 3, 2023 re: Extension of time for Defendants to file their pre-trial motions. ENDORSEMENT: Application granted. Defendants' pre-trial motions are due on February 10, 2023. Speedy trial time is excluded through February 17, 2023 pursuant to 18 U.S.C. § 3161(h)(7)(A). SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/4/2023) (lnl) (Entered: 01/04/2023)
1/3/2023 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Sarah E. Aberg dated January 3, 2023 re: Extension of time for Defendants to file their pre-trial motions . Document filed by Willie Harris as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa. (Aberg, Sarah) (Entered: 01/03/2023)
12/16/2022(S4) SUPERSEDING INDICTMENT FILED as to Michael Amaya (1) count(s) 1ss, 2ss, Jesus Cabrera (2) count(s) 1s, 2s, Alberto Concepcion (3) count(s) 1s, 2s, Humberto Borges (4) count(s) 1s, 2s, Frankie Capellan (5) count(s) 1s, 2s, Willie Harris (6) count(s) 1s, 2s, Jose Figueroa (8) count(s) 1s, 2s. (jm) (Entered: 12/16/2022)
11/22/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Amaya. Notice is hereby given that an official transcript of a Conference proceeding held on 10/13/22 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.... (McGuirk, Kelly) (Entered: 11/22/2022)
11/22/2022TRANSCRIPT of Proceedings as to Michael Amaya re: Conference held on 10/13/22 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Paula Horovitz, (212) 805-0348, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/13/2022. Redacted Transcript Deadline set for 12/23/2022. Release of Transcript Restriction set for 2/20/2023. (McGuirk, Kelly) (Entered: 11/22/2022)
10/17/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Luis Ramirez. Notice is hereby given that an official transcript of a Conference proceeding held on 8/25/2022 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: 10/17/2022)
10/17/2022TRANSCRIPT of Proceedings as to Luis Ramirez re: Conference held on 8/25/2022 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Rose Prater, (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 11/7/2022. Redacted Transcript Deadline set for 11/17/2022. Release of Transcript Restriction set for 1/15/2023. (McGuirk, Kelly) (Entered: 10/17/2022)
10/13/2022Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa held on 10/13/2022. Present: AUSA Kaylan Lasky and AUSA David Robles for the Government; Javier Solano for Defendant Michael Amaya; Derrick Maswood for Defendant Jesus Cabrera; James Healy standing in for Steven Brill for Defendant Alberto Concepcion; Richard Rosenberg for Defendant Frankie Capellan; Sarah Aberg for Defendant Willie Harris; Telemachus Kasulis for Defendant Luis Ramirez; Esere Onaodowan for Defendant Jose Figueroa and standing in for Carlos Santiago for Defendant Humberto Borges; Defendant Michael Amaya; Defendant Jesus Cabrera; Defendant Alberto Concepcion; Defendant Humberto Borges; Defendant Frankie Capellan; Defendant Willie Harris; Defendant Jose Figueroa. A conference was held on October 13, 2022 before Judge Buchwald in person. Defendants motions are due January 11, 2023. Speedy trial time is excluded until January 18, 2023. (jbo) (Entered: 10/13/2022)
10/13/2022Arrest Warrant Returned Executed on 3/21/22 as to Frankie Capellan. (jbo) (Entered: 10/13/2022)
10/13/2022Arrest Warrant Returned Executed on 3/23/22 as to Willie Harris. (jbo) (Entered: 10/13/2022)
10/11/2022MEMO ENDORSEMENT as to Frankie Capellan (5) granting 61 FIRST LETTER MOTION addressed to Judge Naomi Reice Buchwald from Richard H. Rosenberg, Esq. dated 10/11/2022 re: appointment of associate counsel. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 10/11/2022) (ap) (Entered: 10/11/2022)
10/11/2022FIRST LETTER MOTION addressed to Judge Naomi Reice Buchwald from Richard H. Rosenberg, Esq. dated 10/11/2022 re: appointment of associate counsel . Document filed by Frankie Capellan. (Rosenberg, Richard) (Entered: 10/11/2022)
10/7/2022ORDER as to Frankie Capellan. Pursuant to the Criminal Justice Act, Richard Rosenberg is assigned to represent defendant Frankie Capellan in substitution for Avron Robin, who has been relieved. ***Added attorney Richard S Rosenberg for Frankie Capellan. Attorney Avrom Jerome Robin terminated in case as to Frankie Capellan. (Signed by Judge Naomi Reice Buchwald on 10/7/22)(jbo) (Entered: 10/07/2022)
10/6/2022NOTICE OF ATTORNEY APPEARANCE: James Lee Healy appearing for Alberto Concepcion. Appearance Type: CJA Appointment. (Healy, James) (Entered: 10/06/2022)
8/25/2022Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference as to Luis Ramirez held on 8/25/2022. AUSA Sarah Kushner for the Government; Richard Palma for Defendant; Defendant; Court Reporter. A change of counsel hearing for defendant Luis Ramirez was held today before Judge Buchwald. Richard Palma was relieved as counsel and CJA Telemachus Kasulis was appointed. Added attorney Telemachus Philip Kasulis for Luis Ramirez. Attorney Richard Palma terminated in case as to Luis Ramirez. (ap) (Entered: 08/25/2022)
8/3/2022LETTER by (22-Cr-10-7) Luis Ramirez addressed to Judge Naomi Reice Buchwald from Luis Ramirez dated 7-18-2022 re: Please received this letter as my request for the Court to assign me, new counsel. (bw) (Entered: 08/03/2022)
7/26/2022ENDORSED LETTER as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from AUSA Kaylan E. Lasky dated July 26, 2022 re: The Government writes in advance of the August 2, 2022 conference in the above-captioned case. The parties have conferred and respectfully request that the conference be adjourned for approximately 60 days... ENDORSEMENT: Application granted. The status conference is adjourned until October 13, 2022 at 2:00 p.m. SO ORDERED. ( Status Conference set for 10/13/2022 at 02:00 PM before Judge Naomi Reice Buchwald. )(Signed by Judge Naomi Reice Buchwald on 7/26/2022)(bw) (Entered: 07/26/2022)
7/26/2022JOINT LETTER MOTION addressed to Judge Naomi Reice Buchwald from USA dated 07/26/2022 re: Adjournment Request . Document filed by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa. (Lasky, Kaylan) (Entered: 07/26/2022)
6/8/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Amaya. Notice is hereby given that an official transcript of a Arraignment proceeding held on 2/24/2022 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.... (Moya, Goretti) (Entered: 06/08/2022)
6/8/2022TRANSCRIPT of Proceedings as to Michael Amaya re: Arraignment held on 2/24/2022 before Judge Naomi Reice Buchwald. 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)
5/24/2022ENDORSED LETTER as to Jesus Cabrera addressed to Judge Naomi Reice Buchwald from David J. Robles and Kaylan E. Lasky dated 5/24/2022 re: The Government writes in advance of the May 26, 2022 conference in the above-captioned case. The parties have conferred and respectfully request that the conference be adjourned for 60 days to allow the defense to continue reviewing the discovery that was previously produced, which is voluminous....ENDORSEMENT: Application granted. The conference is adjourned until August 2, 2022 at 11:00 am (Status Conference set for 8/2/2022 at 11:00 AM before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 5/24/22)(jw) (Entered: 05/25/2022)
5/24/2022 LETTER by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from David J. Robles dated May 24, 2022 re: Request to Adjourn May 24, 2022 Conference Document filed by USA. (Robles, David) (Entered: 05/24/2022)
5/24/2022RULE 5(F) ORDER as to Willie Harris. (Signed by Judge Naomi Reice Buchwald on 5/24/22)(jbo) (Entered: 05/24/2022)
5/17/2022MEMO ENDORSEMENT granting 49 LETTER MOTION as to Frankie Capellan (5), addressed to Judge Naomi Reice Buchwald from Avrom Robin, Esq. dated May 17, 2022 re: permission for stand in counsel. I write to request permission of the Court for CJA panel attorney Richard Palma to stand in for me on behalf of my client Frankie Capellan at the status conference on May 26, 2022 at 11 am. Mr. Palma has a client in this case also. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 5/17/2022) (bw) (Entered: 05/17/2022)
5/17/2022 LETTER MOTION addressed to Judge Naomi Reice Buchwald from Avrom Robin, Esq. dated May 17, 2022 re: permission for stand in counsel . Document filed by Frankie Capellan. (Robin, Avrom) (Entered: 05/17/2022)
4/28/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jesus Cabrera. Notice is hereby given that an official transcript of a Conference proceeding held on 3/15/22 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: 04/28/2022)
4/28/2022TRANSCRIPT of Proceedings as to Jesus Cabrera re: Conference held on 3/15/22 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Sonya Ketter Moore, (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 5/19/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/27/2022. (Moya, Goretti) (Entered: 04/28/2022)
3/28/2022RULE 5(F) ORDER as to Frankie Capellan (Signed by Magistrate Judge Barbara C. Moses on 3/25/22)(jw) (Entered: 03/28/2022)
3/25/2022Attorney update in case as to Frankie Capellan. Attorney Avrom Jerome Robin for Frankie Capellan added. (jw) (Entered: 03/28/2022)
3/25/202246CJA 23 Financial Affidavit by Frankie Capellan. (Signed by Magistrate Judge Barbara C. Moses) Attorney Avrom Robin (jw) (Entered: 03/28/2022)
3/25/202245 Medical Attention Form as to Frankie Capellan. (jw) (Entered: 03/28/2022)
3/25/2022Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Plea entered by Frankie Capellan (5) Count 1 Not Guilty. (jw) (Entered: 03/28/2022)
3/25/2022Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses:Arraignment on disposition sheet as to Frankie Capellan (5) Count 1 held on 3/25/2022. Defendant arraigned and pleads not guilty. Next conference set before District Judge on 5/26/22 (jw) (Entered: 03/28/2022)
3/25/2022Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses:Initial Appearance on disposition sheet as to Frankie Capellan held on 3/25/2022. Defense counsel Avrom Robin. AUSA Brandon Harper. Detention on consent without prejudice. (jw) (Entered: 03/28/2022)
3/25/2022Rule 5(c)(3) Documents Received as to Frankie Capellan from the United States District Court - Northern District of New York. (Attachments: # 1 docs, # 2 docs, # 3 docs)(jm) (Entered: 03/25/2022)
3/22/2022Arrest of Frankie Capellan in the United States District Court - Northern District of New York. (jm) (Entered: 03/25/2022)
3/22/2022 LETTER by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from USA dated 03/22/2022 re: Government's Position on Pretrial Detention for Defendant Capellan Document filed by USA. (Lasky, Kaylan) (Entered: 03/22/2022)
3/18/202240MEDICAL ATTENTION FORM: as to (22-Cr-10-6) Willie Harris. To the Wardens of the Metropolitan Correctional Center, the Metropolitan Detention Center, or any other detention facility: The above-named defendant has been remanded in lieu of bail at the time of his/her presentment before this Court. At that time, the following information requiring medical attention for the defendant was disclosed: (*** See this document for complete details. ***)(Signed by Magistrate Judge Robert W. Lehrburger on 3/18/2022) (bw) (Entered: 03/18/2022)
3/18/2022ORAL ORDER as to Willie Harris (6). Status Conference set for 5/26/2022 at 11:00 AM before Judge Naomi Reice Buchwald. (By Magistrate Judge Robert W. Lehrburger on 3/18/2022) (bw) (Entered: 03/18/2022)
3/18/2022Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Arraignment as to Willie Harris (6) Count 1 held on 3/18/2022. Plea entered by Willie Harris (6) Count 1 - Not Guilty. (bw) (Entered: 03/18/2022)
3/18/2022Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Appearance as to Willie Harris (6) held on 3/18/2022. Date of Arrest: 3/18/2022. AUSA Kaylan Lasky. Defense Counsel Sarah Aberg (CJA). Proceeding: Presentment. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 5/26/2022 11 am. (bw) (Entered: 03/18/2022)
3/18/2022Attorney update in case as to Willie Harris (6). Attorney Sarah Elizabeth Aberg for Willie Harris added. (bw) (Entered: 03/18/2022)
3/18/202238CJA 23 Financial Affidavit by (22-Cr-10-6) Willie Harris. APPROVED: (Signed by Magistrate Judge Robert W. Lehrburger on 3/18/2022); Attorney Sarah Aberg. (bw) (Entered: 03/18/2022)
3/18/2022Arrest of Willie Harris (6). (bw) (Entered: 03/18/2022)
3/18/2022 LETTER by USA as to Willie Harris addressed to Judge Naomi Reice Buchwald from USA dated 03/18/2022 re: Government's Position on Pretrial Detention for Defendant Harris Document filed by USA. (Lasky, Kaylan) (Entered: 03/18/2022)
3/15/2022Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference as to Jesus Cabrera, Alberto Concepcion, Humberto Borges, Luis Ramirez, Jose Figueroa held on 3/15/2022. A conference in U.S. v. Cabrera, et al. (22cr10) was held before Judge Buchwald in-person on March 15, 2022. Present: AUSA Kaylan Lasky for the Government; Steven Brill for defendant Alberto Concepcion; Esere Onaodowan for defendant Jose Figueroa; Richard Palma for defendant Luis Ramirez; Dawn Florio for defendant Jesus Cabrera; Carlos Santiago for defendant Humberto Borges; Spanish Interpreter; Court Reporter. (jbo) (Entered: 03/17/2022)
3/14/2022NOTICE OF ATTORNEY APPEARANCE: Dawn M Florio appearing for Jesus Cabrera. Appearance Type: Retained. Dawn M. Florio (Florio, Dawn) (Entered: 03/14/2022)
3/9/2022PROTECTIVE ORDER as to Jesus Cabrera...regarding procedures to be followed that shall govern the handling of confidential material...(Signed by Judge Naomi Reice Buchwald on 3/9/2022) (lnl) (Entered: 03/09/2022)
3/7/2022 LETTER by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from David J. Robles dated March 7, 2022 re: Proposed Protective Order Document filed by USA. (Robles, David) (Entered: 03/07/2022)
2/24/2022Set/Reset Deadlines/Hearings as to Michael Amaya: Pretrial Conference set for 5/26/2022 at 11:00 AM before Judge Naomi Reice Buchwald. (lnl) (Entered: 03/01/2022)
2/24/2022Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Arraignment and Initial Conference by Telephone as to Michael Amaya (1) Count 1s held on 2/24/2022. Mr. Amaya pleaded not guilty to Count One of the superseding indictment. The next conference is scheduled for May 26, 2022. Speedy Trial Time is excluded until May 26, 2022. Present: AUSA David Robles for the Government; Javier Solano for Defendant; Defendant; Court Reporter. Plea entered by Michael Amaya (1) Count 1s Not Guilty. (lnl) (Entered: 03/01/2022)
2/22/2022Rule 5(f) ORDER as to Michael Amaya. (Signed by Judge Naomi Reice Buchwald on 2/22/22)(jm) (Entered: 02/22/2022)
2/17/2022RULE 5(F) ORDER as to Jesus Cabrera, Alberto Concepcion, Humberto Borges, Luis Ramirez, Jose Figueroa (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/16/22)(jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Plea entered by Humberto Borges (4) Count 1 Not Guilty. (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Arraignment as to Humberto Borges (4) Count 1 held on 2/16/2022. Deft arraigned and pleads not guilty. (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Initial Appearance on disposition sheet as to Humberto Borges held on 2/16/2022. Defense counsel Carlos Santiago. AUSA Kaylan Lasky. Detention on consent without prejudice. Control date March 2, 2022 (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Plea entered by Luis Ramirez (7) Count 1 Not Guilty. (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Arraignment on disposition sheet as to Luis Ramirez (7) Count 1 held on 2/16/2022. Deft arraigned and pleads not guilty (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Initial Appearance on disposition sheet as to Luis Ramirez held on 2/16/2022. Defense counsel Richard Palma. AUSA Kaylan Lasky. Detention on consent without prejudice. (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Plea entered by Jose Figueroa (8) Count 1 Not Guilty. (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Arraignment on disposition sheet as to Jose Figueroa (8) Count 1 held on 2/16/2022. Deft arraigned and pleads not guilty (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Initial Appearance on disposition sheet as to Jose Figueroa held on 2/16/2022. Defense counsel Esere Onaodowan. AUSA Kaylan Lasky. Detention on consent without prejudice. Control date March 2, 2022. (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Plea entered by Alberto Concepcion (3) Count 1 Not Guilty. (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Arraignment on disposition sheet as to Alberto Concepcion (3) Count 1 held on 2/16/2022. Deft arraigned and pleads not guilty (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Initial Appearance on disposition sheet as to Alberto Concepcion held on 2/16/2022. Defense counsel Steven Brill. AUSA Kaylan Lasky. Detention on consent without prejudice. Control date March 2, 2022 (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Plea entered by Jesus Cabrera (2) Count 1 Not Guilty. (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Arraignment on disposition sheet as to Jesus Cabrera (2) Count 1 held on 2/16/2022. Defense counsel Dawn Florio. AUSA Kaylan Lasky. Defendant arraigned and pleads not guilty. (jw) (Entered: 02/18/2022)
2/16/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Initial Appearance on disposition sheet as to Jesus Cabrera held on 2/16/2022. Defense counsel Dawn Florio. AUSA Kaylan Lasky present. Detention on consent without prejudice. (jw) (Entered: 02/18/2022)
2/16/2022Attorney update in case as to Luis Ramirez. Attorney Richard Palma for Luis Ramirez added. (jw) (Entered: 02/17/2022)
2/16/202226CJA 23 Financial Affidavit by Luis Ramirez. (Signed by Magistrate Judge Gabriel W. Gorenstein) Attorney Richard Palma (jw) (Entered: 02/17/2022)
2/16/2022Attorney update in case as to Alberto Concepcion. Attorney Steven Gary Brill for Alberto Concepcion added. (jw) (Entered: 02/17/2022)
2/16/202225CJA 23 Financial Affidavit by Alberto Concepcion. (Signed by Magistrate Judge Gabriel W. Gorenstein) Attorney Steven Brill (jw) (Entered: 02/17/2022)
2/16/2022Attorney update in case as to Humberto Borges. Attorney Carlos Manuel Santiago, Jr for Humberto Borges added. (jw) (Entered: 02/17/2022)
2/16/202224CJA 23 Financial Affidavit by Humberto Borges. (Signed by Magistrate Judge Gabriel W. Gorenstein) Attorney Carlos Santiago (jw) (Entered: 02/17/2022)
2/16/2022Attorney update in case as to Jose Figueroa. Attorney Esereosonobrughue Joy Onaodowan for Jose Figueroa added. (jw) (Entered: 02/17/2022)
2/16/202223CJA 23 Financial Affidavit by Jose Figueroa. (Signed by Magistrate Judge Gabriel W. Gorenstein) Attorney Esere Onaodowan (jw) (Entered: 02/17/2022)
2/16/2022 LETTER by USA as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa addressed to Judge Naomi Reice Buchwald from David J. Robles dated February 16, 2022 re: Government's Position on Pretrial Detention for Defendants Arrested on February 16, 2022 Document filed by USA. (Robles, David) (Entered: 02/16/2022)
2/16/2022(S2) SUPERSEDING INDICTMENT FILED as to Michael Amaya (1) count(s) 1s, Jesus Cabrera (2) count(s) 1, Alberto Concepcion (3) count(s) 1, Humberto Borges (4) count(s) 1, Frankie Capellan (5) count(s) 1, Willie Harris (6) count(s) 1, Luis Ramirez (7) count(s) 1, Jose Figueroa (8) count(s) 1. (jm)(Originally filed under seal on 2/15/22) (Entered: 02/16/2022)
2/16/2022ORDER as to Michael Amaya, Jesus Cabrera, Alberto Concepcion, Humberto Borges, Frankie Capellan, Willie Harris, Luis Ramirez, Jose Figueroa unsealing the S(2) superseding indictment. (Signed by Magistrate Judge Robert W. Lehrburger on 2/16/22)(jm) (Entered: 02/16/2022)
2/1/2022Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Defendant is present via video with counsel Javier Solano; AUSA Lasky also participates.Arraignment as to Michael Amaya (1) Count 1-2 Michael Amaya (1) Count 1-2 held on 2/1/2022., Plea entered by Michael Amaya (1) Count 1-2 Michael Amaya (1) Count 1-2 Not Guilty. (jm) (Entered: 02/02/2022)
2/1/2022 Consent to Proceed via Teleconference as to Michael Amaya. (jm) (Entered: 02/02/2022)
2/1/2022 Brady Order as to Michael Amaya. (jm) (Entered: 02/02/2022)
1/18/2022MEMO ENDORSEMENT 9 LETTER MOTION re:Judge Naomi Reice Buchwald from USA dated 01/17/2022 re: Speedy Trial Request...ENDORSEMENT...For the reasons stated in this letter and with the defendant's consent speedy trial time is excluded until February 25, 2022. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/18/22) (jw) (Entered: 01/19/2022)
1/17/2022CONSENT LETTER MOTION addressed to Judge Naomi Reice Buchwald from USA dated 01/17/2022 re: Speedy Trial Request . Document filed by USA as to Michael Amaya. (Lasky, Kaylan) (Entered: 01/17/2022)
1/11/2022NOTICE OF ATTORNEY APPEARANCE: Javier Alberto Solano appearing for Michael Amaya. Appearance Type: Retained. (Solano, Javier) (Entered: 01/11/2022)
1/5/2022Case Designated ECF as to Michael Amaya. (jm) (Entered: 01/06/2022)
1/5/2022 INDICTMENT FILED as to Michael Amaya (1) count(s) 1-2. (jm) (Entered: 01/06/2022)
1/3/2022ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Michael Amaya. Time excluded from 1/3/22 until 1/10/22. Affirmation of Kaylan Lasky attached. (Signed by Magistrate Judge Robert W. Lehrburger on 1/3/22)(vb) [1:21-mj-12157-UA] (Entered: 01/04/2022)
12/21/2021ORDER OF DETENTION PENDING TRIAL as to Michael Amaya.. (Signed by Magistrate Judge Katharine H. Parker on 12/21/2021)(dif) [1:21-mj-12157-UA] (Entered: 12/22/2021)
12/21/2021Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to Michael Amaya held on 12/21/2021., Detention Hearing as to Michael Amaya held on 12/21/2021, Deft Appears with CJA Attorney Glenn Garber and AUSA David Robles for the government. Detention; See Transcript; ( Preliminary Hearing 1/14/2022 (dif) [1:21-mj-12157-UA] (Entered: 12/22/2021)
12/21/2021Attorney update in case as to Michael Amaya. Attorney Glenn Andrew Garber for Michael Amaya added.. (dif) [1:21-mj-12157-UA] (Entered: 12/22/2021)
12/21/20213CJA 23 Financial Affidavit by Michael Amaya. (Signed by Magistrate Judge Katharine H. Parker) (CJA Attorney Glenn Garber Appointed) (dif) [1:21-mj-12157-UA] (Entered: 12/22/2021)
12/21/2021Arrest of Michael Amaya. (dif) [1:21-mj-12157-UA] (Entered: 12/22/2021)
12/20/2021 COMPLAINT as to Michael Amaya (1). In Violation of 21 U.S.C. 841 (Signed by Judge Barrington D. Parker) (dif) [1:21-mj-12157-UA] (Entered: 12/22/2021)