USA v. DONE

1:22-cr-00192 | New York Southern District Court

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Division Foley Square
Judge Judge Jed S. Rakoff
Filed March 29, 2022
Case Flags ECF
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Filing Date # Docket Text
3/7/2025Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document
1/13/2025Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document
10/31/2024 ORDER as to Edwin Jimenez: Before the Court is defendant Edwin Jimenez's motion for retroactive application of Amendment 821 under 18 U.S.C. § 3582 (c) (2). On September 10, 2024, Jimenez mailed the Court a letter in which he moved for ret roactive application of Amendment 821 and stated that he was "not sure if CJA Counsel to represent [him] in this matter [wa]s needed." ECF No. 181. After receiving the letter on September 13, 2024, the Court assigned CJA Counsel Russell Cap one to the matter "for the purpose of litigating, if deemed appropriate, the prose motion." ECF No. 182. While Capone was reviewing the matter, Probation issued a supplemental Presentence Report. See ECF No. 186. Capone has now informed the Court that he has "since advised Mr. Jimenez that [he] do[es] not believe the issue can be litigated, principally for the reasons set forth in the Probation Department's Supplemental Presentence Report" and that "Mr. Jimenez indi cated that he understood." ECF No. 188. Capone further states that "this matter may be concluded from the perspective of [his] CJA appointment." Id. Under these circumstances, where Jimenez has indicated that he understands, pursuant t o the advice of counsel, that his motion is without merit, the Court denies Jimenez's motion and relieves Capone from his CJA appointment in this matter. Accordingly, the Clerk of Court is respectfully directed to close ECF No. 181. (Signed by Judge Jed S. Rakoff on 10/31/2024) (ap)
10/4/2024 ORDER as to Andrew Done: On August 30, 2024, defendant Andrew Done wrote to the Court stating that he had been extradited and claiming that the extradition treaty between the United States and the Dominican Republic precluded his sentence. This Cou rt construes Done's letter as a petition to vacate his sentence under 28 U.S.C. § 2255. The Court denies the Done's petition. Done was not extradited to the United States. And even if he were extradited, the extradition treaty does not preclude his sentence. Accordingly, the Court determines that Done's petition is frivolous and hereby denies it. In addition, because Done has not made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c) (2) ("A certificate of appealability may issue.. only if the applicant has made a substantial showing of the denial of a constitutional right."); Slack v. McDaniel, 529 U.S. 473, 484 (2000) (&quo t;[A] substantial showing of the denial of a constitutional right.. includes showing that reasonable jurists could debate whether... the petition should have been resolved a different manner."). (Signed by Judge Jed S. Rakoff on 10/4/2024) (ap)
9/17/2024 ORDER as to Edwin Jimenez: The representation of the defendant in the above-captioned matter is assigned to the C.J.A. Attorney on duty September 17, 2024, Russell Capone, for the purpose of litigating, if deemed appropriate, the prose motion received by the Court on September 13, 2024, see ECF No. 181. (Signed by Judge Jed S. Rakoff on 9/17/2024) (ap)
9/16/2024Reduce Sentence re Amendment 821
9/13/2024Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document
9/6/2024Letter
6/27/2024 ORDER 175 Motion to Reduce Sentence re Amendment 821 as to Joel Ortiz. Defendant Joel Ortiz has filed a motion for a sentence reduction based on a retroactively applicable recent amendment to the Federal Sentencing Guidelines. Accordingly, the Court hereby denies defendant's motion (Signed by Judge Jed S. Rakoff on 6/27/2024) (jw)
6/25/2024Reduce Sentence re Amendment 821
3/6/2024 JUDGMENT IN A CRIMINAL CASE as to Malvin Restituyo (8). THE DEFENDANT: pleaded guilty to count 1. Counts of the underlying indictments are dismissed on the motion of the United States. IMPRISONMENT: On count 1: Forty Two (42) months incarcer ation. The court makes the following recommendations to the Bureau of Prisons: Incarceration in FCI Fort Dix. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: On count 1 :Three (3) years. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $100.00 due immediately. (Signed by Judge Jed S. Rakoff on 8/16/2023) (ap)
8/16/2023 ORDER as to (22-Cr-192-1) Andrew Done. Andrew Done pleaded guilty to one count of racketeering conspiracy on November 17, 2022. See ECF No. 101. On February 22, 2023, the Court sentenced Done to, inter alia, 420 months' imprisonment. See ECF N o. 152. Done filed a notice of appeal of the criminal judgment on March 9, 2023, ECF No. 153, which remains pending. In July 2023, however, Done wrote to the Court claiming his guilty plea had been coerced and asking the Court to order discovery from his attorneys. See ECF No. 165. The Court construes Done's letter as a motion to withdraw his guilty plea, to which the Government submitted a response on August 2, 2023. ECF No. 166. Even if the Court were to credit the allegations in Done 9;s letter, the Court lacks jurisdiction to grant relief. In criminal and civil cases alike, "a notice of appeal confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved i n the appeal." United States v. Jacques, 6 F.4th 337, 343-44 (2d Cir. 2021).(See Footnote 1 on this Order). "It is not tolerable to have a district court and a court of appeals simultaneously analyzing the same judgment, i.e., to have situ ations in which district courts and courts of appeals would both have the power to modify the same judgment." Id. at 342. The Federal Rules of Criminal Procedure nevertheless allow the Court to deny a "motion... made for relief that the co urt lacks authority to grant because of an appeal that has been docketed and pending." Fed. R. Crim. P. 37(a)(2). The Court thus denies Dane's motion, ECF No. 165, without prejudice. See Green v. Dep't of Educ. of N.Y., 16 F.4th 1070, 1074 (2d Cir. 2021) ("When subject matter jurisdiction is lacking, the district court lacks the power to adjudicate the merits of the case."). Should Done wish, he may seek to set aside his plea on direct appeal. See Fed. R. Crim. P. 11(e). SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/16/2023)(bw)
8/10/2023Memorandum to the Docket Clerk
8/9/2023Sentencing Submission
8/8/2023Letter - Sentencing
8/4/20231 - Terminate Deadlines and Hearings, Pretrial Conference
7/5/2023Notice of Hearing
6/21/2023Status Conference
6/21/2023Arrest
5/11/2023Appeal Record Sent to USCA - Electronic File, Transmission of Notice of Appeal and Docket Sheet to USCA, Appeal Remark
5/11/2023Notice of Appeal - Final Judgment
5/5/2023Notice of Filing Transcript
5/5/2023Transcript
5/2/2023 JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 4/27/2023. Defendant Moises Fontanez (3) pleaded guilty to 14 and 15. Count(s) 1,2,3,4,5,6,7,8,9,10,12,13 are dismissed on the motion of the United States. IMPRISONMENT: On count 14: Forty Eight (48) months. On count 15: Eighty Four (84) months, consecutive to the sentence imposed on count 14. - The court makes the following recommendations to the Bureau of Prisons: Incarceration in the tristate area. - The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: On count 14: Three (3) years. On count 15: Three (3) years, all terms on all counts to run concurrent to each other. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $200.00, due immediately. (Signed by Judge Jed S. Rakoff on 4/30/2023)(bw)
5/2/2023Sentencing
4/26/2023~Util - Set/Reset Deadlines/Hearings, Status Conference
4/17/2023~Util - Set/Reset Hearings, Oral Order, Telephone Conference
4/11/2023Letter - Sentencing
4/10/2023Sentencing Submission
3/9/2023Notice of Appeal - Final Judgment
3/9/2023 JUDGMENT IN A CRIMINAL CASE as to Andrew Done (1). THE DEFENDANT: pleaded guilty to count 1. Counts 2,3,4,5,12,13,14,15 are dismissed on the motion of the United States. IMPRISONMENT: On count 1: Four Hundred Twenty (420) months. The court m akes the following recommendations to the Bureau of Prisons: Incarceration as close to the New York metropolitan area as possible. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: On count 1: Five (5) years. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $100.00 due immediately. (Signed by Judge Jed S. Rakoff on 3/6/2023)(ap)
3/9/2023Sentencing
3/6/2023 FILED JUDGMENT IN A CRIMINAL CASE as to Joel Ortiz (6), Count(s) 1, 12, 13, 14, Dismissed; Pleaded guilty to Count(s) 15, Imprisonment for a total term of Eighty Four (84) Months. Supervised Release for a term of Three Years. The court makes the fol lowing recommendations to the Bureau of Prisons: Incarceration as close as possible to the New York City metropolitan area. Special Assessment of $100 which is due immediately. The defendant shall participate in vocational and educational courses, to better prepare him for future employment opportunities (Signed by Judge Jed S. Rakoff on 3/6/2023)(jw)
3/8/2023Sentencing
3/7/2023Notice of Filing Transcript
3/7/2023Transcript
3/1/2023Notice of Filing Transcript
3/1/2023Transcript
3/1/2023Notice of Filing Transcript
3/1/2023Transcript
2/24/2023 JUDGMENT IN A CRIMINAL CASE as to Edwin Jimenez (7). THE DEFENDANT: pleaded guilty to count 14. Counts 1 and 15 are dismissed on the motion of the United States. IMPRISONMENT: On count 14: One Hundred Twenty (120) months. The court makes the fo llowing recommendations to the Bureau of Prisons: Incarceration as close to the metropolitan New York area as possible. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: On count 14: Five (5) years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Jed S. Rakoff on 2/22/2023) (ap)
2/27/2023Sentencing
2/24/2023Notice of Filing Transcript
2/24/2023Transcript
2/24/2023 ORDER as to (22-Cr-192-10) Joseph Rivera. WHEREAS, with the defendant's consent, his guilty plea allocution was made before a United States Magistrate Judge on October 21, 2022; WHEREAS, a transcript of the plea allocution was made and thereaf ter was transmitted to the District Court; WHEREAS, upon review of the transcript, this Court has determined that the defendant entered the guilty plea knowingly and voluntarily and that there was a factual basis for the guilty plea; IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED: (Signed by Judge Jed S. Rakoff on 2/23/2023)(bw)
2/23/2023 JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 2/10/2023. Defendant Frailyn Capellan (5) pleaded guilty to Count(s) 1. Count(s) 4,5,14,15 are dismissed on the motion of the United States. IMPRISONMENT: On count 1: Eighty Four (84) month s. - The court makes the following recommendations to the Bureau of Prisons: Incarceration in a facility as close as possible to the metropolitan New York City area as possible. - The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: On count 1: Three (3) years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Jed S. Rakoff on 2/18/2023)(bw)
2/23/2023Sentencing
2/23/2023 ORDER as to (22-Cr-192-6) Joel Ortiz. WHEREAS, with the defendant's consent, his guilty plea allocution was made before a United States Magistrate Judge on November 7, 2022; WHEREAS, a transcript of the allocution was made and thereafter was tr ansmitted to the District Court; and WHEREAS, upon review of that transcript, this Court has determined that the defendant entered the guilty plea knowingly and voluntarily and that there was a factual basis for the guilty plea; IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED: (Signed by Judge Jed S. Rakoff on 2/22/2023)(bw)
2/21/2023Sentencing Submission
2/21/2023Notice of Hearing, Notice of Hearing
2/17/2023Sentencing Submission
2/16/2023Sentencing Submission
2/16/2023Memorandum to the Docket Clerk, Memorandum to the Docket Clerk
2/14/2023Letter - Sentencing
2/11/2023Letter - Sentencing
2/10/2023 ORDER as to (22-Cr-192-5) Frailyn Capellan. WHEREAS, with the defendant's consent, his guilty plea allocution was made before a United States Magistrate Judge on November 9, 2022; WHEREAS, a transcript of the allocution was made and thereafter was transmitted to the District Court; and WHEREAS, upon review of that transcript, this Court has determined that the defendant entered the guilty plea knowingly and voluntarily and that there was a factual basis for the guilty plea; IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED: (Signed by Judge Jed S. Rakoff on 2/10/2023)(bw)
2/10/2023Sentencing Submission
2/10/2023 JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 2/3/2023. Defendant Joseph Rivera (10) pleaded guilty to Count(s) 14. Count(s) 15 is dismissed on the motion of the United States. IMPRISONMENT: On count 14: Forty Two (42) months, remanded . - The court makes the following recommendations to the Bureau of Prisons: The Court recommends this defendant be enrolled in the RDAP program. The Court recommends this defendant be incarcerated as close to the metropolitan New York area as possi ble. - The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: On count 14: Three (3) years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Jed S. Rakoff on 2/7/2023)(bw)
2/9/2023Notice of Filing Transcript
2/9/2023Transcript
2/7/2023Sentencing Submission
2/6/2023Sentencing
2/3/2023Letter - Sentencing
2/3/2023Sentencing Submission
1/30/2023Notice of Hearing
1/25/2023Sentencing Submission
1/23/2023Sentencing Submission
1/13/2023Notice of Filing Transcript
1/13/2023Transcript
1/9/2023 JUDGMENT as to Anderson Burdier (9). The defendant pleaded guilty to count 15. Counts 1 and 14 are dismissed on the motion of the United States. IMPRISONMENT: On count 15: Eighty Four (84) months jail, remanded. The court makes the following r ecommendations to the Bureau of Prisons: Incarceration as close to the New York metropolitan area as possible. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Three (3) years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Jed S. Rakoff on 1/7/2023) (lnl)
1/9/2023Sentencing, ~Util - Plea Entered
1/5/2023Notice of Hearing
12/30/2022 ORDER as to (22-Cr-192-7) Edwin Jimenez. WHEREAS, with the defendant's consent, his guilty plea allocution was made before a United States Magistrate Judge on November 9, 2022; WHEREAS, a transcript of the allocution was made and thereafter wa s transmitted to the District Court; and WHEREAS, upon review of that transcript, this Court has determined that the defendant entered the guilty plea knowingly and voluntarily and that there was a factual basis for the guilty plea; IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED: (Signed by Judge Jed S. Rakoff on 12/30/2022)(bw)
12/22/2022Notice of Hearing
12/15/2022Notice of Hearing
12/9/2022Notice of Filing Transcript
12/9/2022Transcript
12/9/2022Notice of Filing Transcript
12/9/2022Transcript
12/8/2022Letter - Sentencing
12/1/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Andrew Done. Notice is hereby given that an official transcript of a Plea proceeding held on 11/17/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 12/01/2022)
12/1/2022TRANSCRIPT of Proceedings as to Andrew Done re: Plea held on 11/17/22 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Amy Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/22/2022. Redacted Transcript Deadline set for 1/3/2023. Release of Transcript Restriction set for 3/1/2023. (Moya, Goretti) (Entered: 12/01/2022)
11/29/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Malvin Restituyo. Notice is hereby given that an official transcript of a Plea proceeding held on 11/3/2022 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: 11/29/2022)
11/29/2022TRANSCRIPT of Proceedings as to Malvin Restituyo re: Plea held on 11/3/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2022. Redacted Transcript Deadline set for 12/30/2022. Release of Transcript Restriction set for 2/27/2023. (McGuirk, Kelly) (Entered: 11/29/2022)
11/29/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Malvin Restituyo. Notice is hereby given that an official transcript of a Conference proceeding held on 11/3/2022 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: 11/29/2022)
11/29/2022TRANSCRIPT of Proceedings as to Malvin Restituyo re: Conference held on 11/3/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2022. Redacted Transcript Deadline set for 12/30/2022. Release of Transcript Restriction set for 2/27/2023. (McGuirk, Kelly) (Entered: 11/29/2022)
11/24/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Moises Fontanez. Notice is hereby given that an official transcript of a Plea proceeding held on 11/10/22 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: 11/24/2022)
11/24/2022TRANSCRIPT of Proceedings as to Moises Fontanez re: Plea held on 11/10/22 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/15/2022. Redacted Transcript Deadline set for 12/27/2022. Release of Transcript Restriction set for 2/22/2023. (Moya, Goretti) (Entered: 11/24/2022)
11/22/2022SENTENCING SUBMISSION by Anderson Burdier. (Attachments: # 1 Exhibit Character letter)(Gregory, Samuel) (Entered: 11/22/2022)
11/18/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Rivera. Notice is hereby given that an official transcript of a Plea proceeding held on 10/21/2022 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: 11/18/2022)
11/18/2022TRANSCRIPT of Proceedings as to Joseph Rivera re: Plea held on 10/21/2022 before Magistrate Judge Sarah Netburn. 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 12/9/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/16/2023. (McGuirk, Kelly) (Entered: 11/18/2022)
11/17/2022Order of Referral to Probation for Presentence Investigation and Report as to Andrew Done. (Signed by Judge Jed S. Rakoff on 11/17/22)(jbo) (Entered: 11/17/2022)
11/17/2022Change of Not Guilty Plea to Guilty Plea as to Andrew Done (1) Count 1. (jbo) (Entered: 11/17/2022)
11/17/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Andrew Done (1) Guilty as to Count 1. (jbo) (Entered: 11/17/2022)
11/17/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing as to Andrew Done held on 11/17/2022. Present were the defendant, Andrew Done, his counsel, Marc DeMarco, AUSA Dominic Gentile and AUSA Adam Hobson for the government a Spanish interpreter and a court report. The deft waives the public reading and pleads guilty to count 1. SENS 2/17/2023 at 4:00pm. PSI ref to Probation, Deft continued remanded. (Sentencing set for 2/17/2023 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 11/17/2022)
11/10/2022Oral Order of Referral to Probation for Presentence Investigation and Report as to Moises Fontanez. (Signed by Judge Jed S. Rakoff on 11/10/2022) (ap) (Entered: 11/17/2022)
11/10/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Moises Fontanez (3) Guilty as to Count 14,15. (ap) (Entered: 11/17/2022)
11/10/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing as to Moises Fontanez held on 11/10/2022. On Nov 10, 2022 Judge Rakoff held a change of plea hearing. Present were the deft and his counsel Evan Lipton, AUSA Dominic Gentile, a Spanish Interpreter and a court reporter. The deft withdraws his previously entered plea of not guilty and, after waiving the public reading, enters a plea of guilty to the lesser included offense in counts 14 & 15. PSI ref to Probation. SENS 3/14/2023 at 4:00pm. (Sentencing set for 3/14/2023 at 04:00 PM before Judge Jed S. Rakoff) (ap) (Entered: 11/17/2022)
11/10/2022Set/Reset Deadlines/Hearings as to Anderson Burdier: Sentencing set for 12/15/2022 at 04:30 PM before Judge Jed S. Rakoff (jw) (Entered: 11/10/2022)
11/10/2022MEMORANDUM TO THE DOCKET CLERK as to Anderson Burdier. Sentencing is adjourned to December 15, 2022 at 4:30pm (jw) (Entered: 11/10/2022)
11/9/2022CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Edwin Jimenez. (jw) (Entered: 11/09/2022)
11/9/2022Set/Reset Deadlines/Hearings as to Edwin Jimenez: Sentencing set for 2/15/2023 at 04:00 PM before Judge Jed S. Rakoff (jw) (Entered: 11/09/2022)
11/9/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Plea entered by Edwin Jimenez (7) Guilty as to Count 14. (jw) (Entered: 11/09/2022)
11/9/2022Change of Not Guilty Plea to Guilty Plea as to Edwin Jimenez (7) Count 14. (jw) (Entered: 11/09/2022)
11/9/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Change of Plea Hearing as to Edwin Jimenez held on 11/9/2022. Defendant present with Conor McNamara. A.U.S.A Dominic Gentile present for Government. Defendant enters a plea of guilty to Count Fourteen of the Indictment. Magistrate Judge Cave recommends that District Judge Rakoff accept the plea. Court Reporter present. Detention continued. Sentencing Date: February 15, 2023 at 4:00 pm (jw) (Entered: 11/09/2022)
11/9/2022CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Frailyn Capellan. (jw) (Entered: 11/09/2022)
11/9/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Plea entered by Frailyn Capellan (5) Guilty as to Count 1. (ap) (Entered: 11/09/2022)
11/9/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Change of Plea Hearing as to Frailyn Capellan held on 11/9/2022. Defendant present with John Francis Kaley. A.U.S.A Dominic Gentile present for Government. Defendant enters a plea of guilty to Count One of the Indictment. Magistrate Judge Cave recommends that District Judge Rakoff accept the plea. Court Reporter present. Spanish interpreter present. Detention continued. Sentencing Date: February 9, 2023 at 4:00 pm. (Sentencing set for 2/9/2023 at 04:00 PM before Judge Jed S. Rakoff) (ap) (Entered: 11/09/2022)
11/9/2022NOTICE OF HEARING as to Joseph Rivera: The sentencing for Mr. Rivera will be held on January 31, 2023 at 3pm. In courtroom 14B of 500 Pearl Street. **Sentencing set for 1/31/2023 at 03:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 11/09/2022)
11/9/2022MEMORANDUM TO THE DOCKET CLERK as to Frailyn Capellan: This change of plea hearing will occur before Mag.Judge Cave. (jbo) (Entered: 11/09/2022)
11/9/2022MEMORANDUM TO THE DOCKET CLERK as to Edwin Jimenez: This change of plea hearing will occur before Mag Judge Cave. (jbo) (Entered: 11/09/2022)
11/7/2022CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Joel Ortiz. (jw) (Entered: 11/07/2022)
11/7/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Plea entered by Joel Ortiz (6) Guilty as to Count 15. (ap) (Entered: 11/07/2022)
11/7/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Change of Plea Hearing as to Joel Ortiz held on 11/7/2022. Defendant present with Raoul Zaltzberg. A.U.S.A Dominic Gentile present for Government. Defendant enters a plea of guilty to Count Fifteen of the Indictment. Magistrate Judge Cave recommends that District Judge Rakoff accept the plea. Court Reporter present. Spanish interpreter present. Detention continued. Sentencing Date: 2/23/2023 at 4:00 pm. (Sentencing set for 2/23/2023 at 04:00 PM before Judge Jed S. Rakoff) (ap) (Entered: 11/07/2022)
11/3/2022Minute Entry for proceedings held before Judge Jed S. Rakoff as to Malvin Restituyo; Sentencing set for 3/7/2023 at 04:00 PM before Judge Jed S. Rakoff. (jw) (Entered: 11/10/2022)
11/3/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Malvin Restituyo (8) Guilty as to Count 1s. (jw) (Entered: 11/10/2022)
11/3/2022Change of Not Guilty Plea to Guilty Plea as to Malvin Restituyo (8) Count 1s. (jw) (Entered: 11/10/2022)
11/3/2022Minute Entry for proceedings held before Judge Jed S. Rakoff:Change of Plea Hearing as to Malvin Restituyo held on 11/3/2022. Present were the defendant and his counsel, Clay Kaminsky, AUSA Dominic Gentile for the government, Spanish interpreter Jill Hoskins and a court reporter. Deft withdraws his plea of not guilty and enters a plea of guilty as charged to the 3rd superseding information. PSI ref to Probation. SENS 3/7/2023 at 4:00pm. (jw) (Entered: 11/10/2022)
11/3/2022Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Defendant is present with attorney Clay Kaminsky; AUSA Gentile and Spanish Interpreter are also present. Defendant waives indictment. Arraignment as to Malvin Restituyo (8) Count 1s Malvin Restituyo (8) Count 1s held on 11/3/2022., Plea entered by Malvin Restituyo (8) Count 1s Malvin Restituyo (8) Count 1s Not Guilty. Defendant to proceed with lea before USDJ Rakoff at 5:00 PM. (jm) (Entered: 11/04/2022)
11/3/2022WAIVER OF INDICTMENT by Malvin Restituyo. (jm) (Entered: 11/04/2022)
11/3/2022(S3) SUPERSEDING INFORMATION (Felony) filed as to Malvin Restituyo (8) count(s) 1s. (jm) (Entered: 11/04/2022)
11/2/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Frailyn Capellan held on 11/2/2022. In the above-captioned case, a telephone conference was held 11-2-2022 without transcription or recording. AUSA Dominic Gentile for the Government and John Francis Kaley of Doar, Riek, Kaley a& Mack for defendant Frailyn Capellan were present. A change-of-plea hearing is set for Wednesday, November 9 at 2:15 PM at 500 Pearl St., Courtroom 14B. (Change of Plea Hearing set for 11/9/2022 at 02:15 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 11/02/2022)
10/31/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Malvin Restituyo held on 10/31/2022. AUSA Dominic Gentile for the Government and Clay Hubbard Kaminsky of the Federal Defenders for defendant Malvin Restituyo were present. A change-of-plea hearing is set for 11/3/22 at 3:00 PM at 500 Pearl St., Courtroom 14B. (Change of Plea Hearing set for 11/3/2022 at 03:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 10/31/2022)
10/27/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Moises Fontanez held on 10/27/2022. Present were Dominic Gentile for the Government and Evan Lipton for Moises Fontanez. A change of plea is hereby scheduled in the above-captioned case for November 10, 2022 at 3 pm in Courtroom 14B of 500 Pearl Street, New York, NY. (Change of Plea Hearing set for 11/10/2022 at 03:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 10/31/2022)
10/26/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Edwin Jimenez held on 10/26/2022. A telephone conference was held Oct. 26, 2020 without transcription or recording. AUSA Dominic Gentile for the Government and Conor McNamara for the Defendant were present. A change of plea proceeding in the above-captioned case will be held on November 9, 2022 at 3:30pm in Courtroom 14B of 500 Pearl Street, New York, NY. (Change of Plea Hearing set for 11/9/2022 at 03:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff) (ap) (Entered: 10/26/2022)
10/25/2022Minute Entry for proceedings held before Judge Jed S. Rakoff:Telephone Conference as to Joel Ortiz held on 10/25/2022 without transcription or recording. AUSA Dominic Gentile for the Government and Raoul Zaltzberg for the Defendant were present. A change of plea proceeding will be held on November 7, 2022 at 3pm in Courtroom 14B of 500 Pearl Street, New York, NY (Change of Plea Hearing set for 11/7/2022 at 03:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff) (jw) (Entered: 10/26/2022)
10/24/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Andrew Done held on 10/24/2022. A telephone conference was held 10-24-2022, without transcription or recording. AUSA Dominic Gentile for the Government and John Diaz of Diaz & Moskowitz PLLC for the Defendant were present. A change of plea proceeding for defendant Andrew Done is hereby scheduled for November 9 at 3:00pm in Courtroom 14B of 500 Pearl Street, New York, NY. (Change of Plea Hearing set for 11/9/2022 at 03:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff) (lnl) (Entered: 10/24/2022)
10/24/2022Set/Reset Deadlines/Hearings as to Edwin Jimenez: Defense Motions due by 11/4/2022 (jw) (Entered: 10/24/2022)
10/24/2022MEMORANDUM TO THE DOCKET CLERK: An opinion on the sole remaining defense motion filed by defendant Edwin Jimenez will be rendered by November 4, 2022 (jw) (Entered: 10/24/2022)
10/21/2022CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by (22-Cr-192-10) Joseph Rivera. Accepted by: (Signed by Magistrate Judge Sarah Netburn on 10/21/2022) (bw) (Entered: 10/24/2022)
10/21/2022Change of Not Guilty Plea to Guilty Plea as to Joseph Rivera (10) Count 14. (jbo) (Entered: 10/21/2022)
10/21/2022Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Plea entered by Joseph Rivera (10) Guilty as to Count 14. (jbo) (Entered: 10/21/2022)
10/21/2022Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Change of Plea Hearing as to Joseph Rivera held on 10/21/2022. Defendant present with Telemachus Philip Kasulis. AUSA Dominic A. Gentile present for the government. Court Reporter present. Defendant entered a change of plea. Defendant entered a guilty plea to Count Fourteen of the Indictment. Magistrate Judge Netburn recommends that District Judge Rakoff accept the plea. Control date set for 1/23/2023. (jbo) (Entered: 10/21/2022)
10/19/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Joseph Rivera held on 10/19/2022. AUSA Dominic Gentile for the Government and Telemachus Kasulis of Morvillo Abramowitz Grand Iason & Anello PC for the Defendant were present. A change of plea proceeding will be held on October 21, 2022 at 11:45am in Courtroom 14B of 500 Pearl Street, New York, NY 10007. (Change of Plea Hearing set for 10/21/2022 at 11:45 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 10/19/2022)
10/13/2022NOTICE OF ATTORNEY APPEARANCE James Alan Ligtenberg appearing for USA. (Ligtenberg, James) (Entered: 10/13/2022)
10/11/2022 REPLY MEMORANDUM OF LAW in Support as to Joseph Rivera re: 77 MOTION to Sever Defendant . . (Kasulis, Telemachus) (Entered: 10/11/2022)
10/3/2022MEMORANDUM in Opposition by USA as to Edwin Jimenez, Joseph Rivera re 79 MOTION to Sever Defendant and join in the motion to sever of co-counsel., 77 MOTION to Sever Defendant .. (Gentile, Dominic) (Entered: 10/03/2022)
9/30/2022ENDORSED LETTER as to Malvin Restituyo addressed to Judge Jed S. Rakoff, from Clay H. Kaminsky dated 9/29/2022 re: Defense counsel writes to request mental health treatment for defendant. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/29/2022) (ap) (Entered: 09/30/2022)
9/12/2022 MOTION to Sever Defendant and join in the motion to sever of co-counsel. Document filed by Edwin Jimenez. (McNamara, Conor) (Entered: 09/12/2022)
9/12/2022MEMORANDUM in Support by Joseph Rivera re 77 MOTION to Sever Defendant .. (Kasulis, Telemachus) (Entered: 09/12/2022)
9/12/2022 MOTION to Sever Defendant . Document filed by Joseph Rivera. (Kasulis, Telemachus) (Entered: 09/12/2022)
9/7/2022ENDORSED LETTER as to Moises Fontanez addressed to Judge Jed S. Rakoff dated August 25, 2022 re: I am counsel to Moises Fontanez in the above-referenced matter, appointed pursuant to the Criminal Justice Act on March 31, 2022. (ECF Do. No. 16.) I write to respectfully request authorization to submit interim vouchers in this ongoing matter, which is scheduled for trial on December 5, 2022. I make this application because I am a solo practitioner and awaiting case disposition for payment in this matter will be a financial hardship....ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/7/2022)(jw) (Entered: 09/07/2022)
8/26/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anderson Burdier. Notice is hereby given that an official transcript of a Plea proceeding held on 8/9/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/26/2022)
8/26/2022TRANSCRIPT of Proceedings as to Anderson Burdier re: Plea held on 8/9/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/16/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 11/25/2022. (McGuirk, Kelly) (Entered: 08/26/2022)
8/9/2022Oral Order of Referral to Probation for Presentence Investigation and Report as to Anderson Burdier. (Signed by Judge Jed S. Rakoff on 8/9/2022) (ap) (Entered: 09/02/2022)
8/9/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Anderson Burdier (9) Guilty of Lesser Offense as to Count 1. (ap) (Entered: 09/02/2022)
8/9/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Change of Plea Hearing as to Anderson Burdier held on 8/9/2022. On August 9, 2022 Judge Rakoff held a Change of Plea Hearing. Present were the defendant and his counsel, Samuel Gregory, AUSA Dominic Gentile for the Government and a court reporter. The defendant waives the public reading of the indictment, withdraws his plea of not guilty and pleads guilty to the lesser included offense in count 1. PSI ref to Probation, SENS 11/21/2022 at 11:00am. Deft cont'd remanded. (Sentencing set for 11/21/2022 at 11:00 AM before Judge Jed S. Rakoff) (ap) (Entered: 09/02/2022)
8/9/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Status Conference as to Anderson Burdier held on 8/9/2022. Judge Rakoff took the bench to preside over a change of plea hearing. The defendant was not produced. Court's decision: the plea is rescheduled to August 9, 2022 at 12:30 pm. (Change of Plea Hearing set for 8/9/2022 at 12:30 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 08/09/2022)
8/8/2022NOTICE OF HEARING as to Anderson Burdier: The plea has been rescheduled to 8/8/22 at 5:00pm. ***Change of Plea Hearing set for 8/8/2022 at 05:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 08/08/2022)
8/8/2022NOTICE OF HEARING as to Anderson Burdier: The change of plea proceeding for Burdier scheduled for 2:00pm August 8, 2022 is adjourned to 5:00pm August 9, 2022 in courtroom 14B. ***Change of Plea Hearing set for 8/9/2022 at 05:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 08/08/2022)
8/2/2022NOTICE OF HEARING as to Anderson Burdier: The change pf plea set for 4:30pm August 2, 2022 is adjourned to this Friday, 8/5 at 4:30pm. **Change of Plea Hearing set for 8/5/2022 at 04:30 PM before Judge Jed S. Rakoff. (jbo) (Entered: 08/02/2022)
7/28/2022ORDER as to Andrew Done, Victor Almonte, Moises Fontanez, Olbeny Diaz, Frailyn Capellan, Joel Ortiz, Edwin Jimenez, Malvin Restituyo, Anderson Burdier, Joseph Rivera: the Court hereby grants defendants' request, subject to the following provisos: First, all defense motions must be filed by no later than September 12, 2022. Defense counsel will coordinate so that all such motions, including motions made by any individual defendant as well as motions made by two or more defendants, will collectively comprise no more than 100 double-spaced pages in 12-point font. Second (and in place of the in-court conference on such matters previously scheduled for August 4, 2022), the Government must file by October 3, 2022 a written response to each and every motion made by defendants. Such response must also be limited to 100 double-spaced pages in 12-point font. Third, the defendants, jointly and individually, may respond to the Government's answering papers with reply papers by October 11, 2022. Such papers are collectively limited to 50 double-spaced pages in 12-point font. Fourth, except where a suppression or other evidentiary hearing is required, no oral argument will be held on the motions, but the Court will resolve them in an opinion to be rendered by October 24, 2022. Fifth, in the event the Court determines that an evidentiary hearing is required on any defense motions, the Court will so notify the parties in writing by no later than October 13, 2022. Any such hearing will be held on October 18, 2022 at 4:00pm. Sixth, none of the foregoing dates and requirements is subject to any change whatsoever, and no request for a change to any of the foregoing dates will be permitted to be filed, except with respect to the evidentiary hearing date. With respect to the date and time of the October 18, 2022 evidentiary hearing, any objections to that date and time must be filed in writing by August 4, 2022. (Motions due by 9/12/2022. Responses due by 10/3/2022. Replies due by 10/12/2022. Evidentiary Hearing set for 10/18/2022 at 04:00 PM before Judge Jed S. Rakoff) (Signed by Judge Jed S. Rakoff on 7/28/2022) (See ORDER set forth) (ap) (Entered: 07/29/2022)
7/14/2022NOTICE OF ATTORNEY APPEARANCE: Conor McNamara appearing for Edwin Jimenez. Appearance Type: Retained. (McNamara, Conor) (Entered: 07/14/2022)
7/11/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Olbeny Diaz. Notice is hereby given that an official transcript of a Conference proceeding held on 6/24/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/11/2022)
7/11/2022TRANSCRIPT of Proceedings as to Olbeny Diaz re: Conference held on 6/24/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2022. Redacted Transcript Deadline set for 8/11/2022. Release of Transcript Restriction set for 10/11/2022. (McGuirk, Kelly) (Entered: 07/11/2022)
7/8/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Victor Almonte. Notice is hereby given that an official transcript of a Conference proceeding held on 6/16/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/08/2022)
7/8/2022TRANSCRIPT of Proceedings as to Victor Almonte re: Conference held on 6/16/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/29/2022. Redacted Transcript Deadline set for 8/8/2022. Release of Transcript Restriction set for 10/6/2022. (McGuirk, Kelly) (Entered: 07/08/2022)
7/1/2022ORDER GRANTING SUBSTITUTION OF ATTORNEY FOR DEFENDANT as to (22-Cr-192-04) Olbeny Diaz. At a conference call on June 29, 2022, the Court was notified that defendant Olbeny Diaz wished to substitute counsel from Richard Palma to Evans D. Prieston, Esq. Mr. Prieston has duly filed a motion to be substituted along with a notice of appearance. The substitution is hereby approved and SO ORDERED. (Signed by Judge Jed S. Rakoff on 6/30/2022)(bw) (Entered: 07/01/2022)
6/29/2022 MOTION to Substitute Attorney. Old Attorney: Richard Palma, New Attorney: Evans D. Prieston . Document filed by Olbeny Diaz. (Attachments: # 1 Text of Proposed Order proposed order of substitution)(Prieston, Evans) (Entered: 06/29/2022)
6/29/2022 MOTION to Substitute Attorney. Old Attorney: Richard Palma, New Attorney: Evans D. Prieston . Document filed by Olbeny Diaz. (Prieston, Evans) (Entered: 06/29/2022)
6/29/2022NOTICE OF ATTORNEY APPEARANCE: Evans D. Prieston appearing for Olbeny Diaz. Appearance Type: Retained. (Prieston, Evans) (Entered: 06/29/2022)
6/24/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Bond Hearing as to Olbeny Diaz held on 6/24/2022. Present were the defendant and his counsel Richard Palma, AUSA Dominic Gentile for the Government, Pretrial Services Officer Christina Venable, a Spanish Interpreter and a court reporter. The defendant's application for bail denied. (jbo) (Entered: 06/24/2022)
6/22/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Anderson Burdier held on 6/22/2022. A telephone conference was held 6/22/2022, without transcription or recording. AUSA Dominic Gentile for the Government and Samuel Gregory for the Defendant were present. A change of plea proceeding is set for August 2, 2022 at 12:15PM at Courtroom 14B, 500 Pearl Street, New York, NY 10007. (Change of Plea Hearing set for 8/2/2022 at 12:15 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff) (ap) (Entered: 06/23/2022)
6/16/2022Minute Entry for proceedings held before Judge Jed S. Rakoff:Bail Application Hearing as to Victor Almonte held on 6/16/2022. Present were Dominic Gentile, AUSA for the Government, the defendant and his counsel, Gary Kaufman, Spanish Interpreter, Erika de los Rios, Marlon Ovalles, Pretrial Services Officer. and a court reporter. Courts decision: Motion for bail denied. The defendant is continued remanded. (jw) (Entered: 06/17/2022)
6/16/2022 MOTION for Bond Letters from Family. Document filed by Victor Almonte. Return Date set for 6/16/2022 at 03:00 PM. (Kaufman, Gary) (Entered: 06/16/2022)
6/9/2022MEMORANDUM in Opposition by USA as to Olbeny Diaz re 58 FIRST MOTION for Bond under 18 USC 3142.. (Gentile, Dominic) (Entered: 06/09/2022)
6/9/2022MEMORANDUM in Opposition by USA as to Victor Almonte re 60 MOTION for Bond .. (Gentile, Dominic) (Entered: 06/09/2022)
6/9/2022 MOTION for Bond . Document filed by Victor Almonte. Return Date set for 6/16/2022 at 03:00 PM. (Kaufman, Gary) (Entered: 06/09/2022)
6/8/2022ORAL ORDER as to (22-Cr-192-4) Olbeny Diaz. Bond Hearing set for 6/24/2022 at 03:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (bw) (Entered: 06/08/2022)
6/8/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to (22-Cr-192-4) Olbeny Diaz held on 6/8/2022. A telephone conference was held 6-08-22 without transcription or recording. Present were Dominic Gentile for the Government and Richard Palma for Olbeny Diaz. The bail hearing previously scheduled for June 13 at 9:30 a.m. is hereby rescheduled for Friday, June 24, at 3:00 p.m. in courtroom 14B. (bw) (Entered: 06/08/2022)
6/8/2022ORAL ORDER as to (22-Cr-192-2) Victor Almonte. Bond Hearing set for 6/16/2022 at 03:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (bw) (Entered: 06/08/2022)
6/8/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to (22-Cr-192-2) Victor Almonte held on 6/8/2022. A telephone conference was held 6-8-22 without transcription or recording. Present were Dominic Gentile for the Government and Gary Kaufman for Victor Almonte. The bail hearing previously scheduled for June 13 at 10:00 a.m. is hereby rescheduled for Thursday, June 16, at 3:00 p.m. in Courtroom 14B. (bw) (Entered: 06/08/2022)
6/7/2022NOTICE OF ATTORNEY APPEARANCE: Yusuf A. El Ashmawy appearing for Frailyn Capellan. Appearance Type: CJA Appointment. Mentee (El Ashmawy, Yusuf) (Entered: 06/07/2022)
6/6/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to (22-Cr-192-4) Olbeny Diaz held on 6/6/2022. A telephone conference was held 6-6-22 without transcription or recording. Present were Dominic Gentile for the Government and Richard Palma for Olbeny Diaz. The Court grants the Government's request to file a redacted version of its bail submission to redact various personally identifying information of the defendant. (bw) (Entered: 06/06/2022)
6/6/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to (22-Cr-192-2) Victor Almonte held on 6/6/2022. A telephone conference was held 6-6-22 without transcription or recording. Present were Dominic Gentile for the Government and Gary Kaufman for Victor Almonte. The Court grants the Government's request to file a redacted version of its bail submission to redact various personally identifying information of the defendant; the Court also grants the defense request to file a redacted version of its bail submission to redact financial information from any suretors. (bw) (Entered: 06/06/2022)
6/6/2022NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Olbeny Diaz: Notice to Attorney Richard Palma to RE-FILE Document 58 FIRST MOTION for Bond under 18 USC 3142. Use the event type Letter found under the event list Other Documents. (db) (Entered: 06/06/2022)
6/6/2022 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Bond under 18 USC 3142. Document filed by Olbeny Diaz. (Attachments: # 1 Exhibit Letter from Bail Bond Company)(Palma, Richard) Modified on 6/6/2022 (db). (Entered: 06/06/2022)
5/31/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Olbeny Diaz held on 5/31/2022. Present were Dominic Gentile for the Government and Richard Palma for Olbeny Diaz. The Court grants the defense request to schedule a bail hearing, which is hereby set for Monday, June 13, 2022 at 9:30 a.m. in Courtroom 14B at 500 Pearl Street. The defense submission should be filed by Tuesday, June 7; the Government's submission should be filed with the Court no later than Thursday, June 9. (Bond Hearing set for 6/13/2022 at 09:30 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 05/31/2022)
5/27/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Victor Almonte held on 5/27/2022. Present were Dominic Gentile, AUSA for the Government and Gary Kaufman for Victor Almonte. The Court grants the defense request to schedule a bail hearing for Mr. Almonte, which is hereby set for Monday, June 13, 2022 at 10:00 a.m. in Courtroom 14B at 500 Pearl Street. Any written submissions should be filed with the Court no later than Thursday, June 9. (Bond Hearing set for 6/13/2022 at 10:00 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 05/27/2022)
5/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Rivera. Notice is hereby given that an official transcript of a Conference proceeding held on 5/4/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022TRANSCRIPT of Proceedings as to Joseph Rivera re: Conference held on 5/4/22 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/18/2022. (Moya, Goretti) (Entered: 05/20/2022)
5/18/2022RULE 5(F) ORDER as to Victor Almonte. (Signed by Magistrate Judge Sarah Netburn on 5/16/2022) (ap) (Entered: 05/18/2022)
5/16/2022Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Arraignment as to Victor Almonte (2) Count 1,4,5,14,15 held on 5/16/2022. Plea entered by Victor Almonte (2) Count 1,4,5,14,15 -- Not Guilty. (bw) (Entered: 05/16/2022)
5/16/2022Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Initial Appearance as to Victor Almonte (2) held on 5/16/2022. Detention Hearing as to Victor Almonte held on 5/16/2022. Date of Arrest: 5/14/2022. AUSA Dominic Gentile. Defense Counsel Gary Kaufman (CJA). Spanish Interpreter needed. Defendant waives pretrial report. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 8/4/2022. (bw) (Entered: 05/16/2022)
5/16/2022Attorney update in case as to Victor Almonte (2). Attorney Gary Matthew Kaufman for Victor Almonte added. (bw) (Entered: 05/16/2022)
5/16/202253CJA 23 Financial Affidavit by (22-Cr-192-2) Victor Almonte. APPROVED: (Signed by Magistrate Judge Sarah Netburn on 5/16/2022); Attorney Gary Kaufman. (bw) (Entered: 05/16/2022)
5/14/2022Arrest of Victor Almonte (2). [*** Refer to Disposition Sheet/Minute Entry filed on 5/16/2022. ***] (bw) (Entered: 05/16/2022)
5/13/2022 LETTER addressed to Judge Jed S. Rakoff from Dominic A. Gentile, Adam S. Hobson and James Ligtenberg dated 5/13/22 re: The Government writes to inform the Court and counsel for defendant, Andrew Done, that the Attorney Generals Review Committee for Capital Cases has authorized and directed the Office of the United States Attorney for the Southern District of New York not to seek the death penalty against defendant Andrew Done (jw) (Entered: 05/13/2022)
5/5/2022PROTECTIVE ORDER as to Andrew Done, Victor Almonte, Moises Fontanez, Olbeny Diaz, Frailyn Capellan, Joel Ortiz, Edwin Jimenez, Malvin Restituyo, Anderson Burdier, Joseph Rivera...regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED: (Signed by Judge Jed S. Rakoff on 5/5/2022)(bw) (Entered: 05/05/2022)
5/4/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Bond Hearing as to Joseph Rivera held on 5/4/2022. A Violation of Supervised Release Hearing. Present were the defendant and his counsel Telemachus Kasulis, Jorja Knauer, AUSA Dominic Gentile for the government, court reporter Kristen Carranante and Joshua Rothman, Pretrial Services Officer. Court's decision: the defendant is remanded but the remand is stayed until 11:30am on May 5, 2022, in order for the defendant to make arrangements for his mother's care. The defendant is ordered to surrender to the Marshal Service for the SDNY at 11:30am on May 5, 2022. (jbo) (Entered: 05/04/2022)
4/27/2022ENDORSED LETTER as to (22-Cr-192-1) Andrew Done addressed to Judge Jed S. Rakoff from David E. Patton, Executive Director, Federal Defenders of New York, Inc., dated April 27, 2022 re: I write pursuant to 18 U.S.C. § 3005 to offer my recommendation to the Court for the appointment of learned counsel in the above-captioned capital case for Andrew Done, who is represented by John Diaz as lead counsel. I recommend the appointment of Mark DeMarco. He is a member of the SDNY Capital Panel and has frequently been found learned in the law of capital cases. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/27/2022)(bw) (Entered: 04/28/2022)
4/27/2022NOTICE OF ATTORNEY APPEARANCE: Mark Steven DeMarco appearing for Andrew Done. Appearance Type: CJA Appointment. (DeMarco, Mark) (Entered: 04/27/2022)
4/27/2022Memorandum to the Docket Clerk as to Joseph Rivera: A bail review hearing is set for May 4, 2022 at 11:00 a.m. in courtroom 14B of 500 Pearl Street. (Bond Hearing set for 5/4/2022 at 11:00 AM before Judge Jed S. Rakoff.) (jbo) (Entered: 04/27/2022)
4/21/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Joseph Rivera held on 4/21/2022. Present were Dominic Gentile for the Government and Tim Kasulis for Joseph Rivera. The Court grants the defense request, unopposed by the Government and Pretrial Services, to reduce the co-signer requirement on Mr. Rivera's bond from two signers to one. (jbo) (Entered: 04/21/2022)
4/21/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Andrew Done. Notice is hereby given that an official transcript of a Conference proceeding held on 4/8/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 04/21/2022)
4/21/2022TRANSCRIPT of Proceedings as to Andrew Done re: Conference held on 4/8/22 before Judge Jed S. Rakoff. 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 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022. (Moya, Goretti) (Entered: 04/21/2022)
4/15/2022ORDER APPOINTING JULIE DE ALMEIDA AS COORDINATING DISCOVERY ATTORNEY as to Andrew Done, Victor Almonte, Moises Fontanez, Olbeny Diaz, Frailyn Capellan, Joel Ortiz, Edwin Jimenez, Malvin Restituyo, Anderson Burdier, Joseph Rivera. It is hereby ORDERED that Julie de Almeida is appointed as Coordinating Discovery Attorney for court-appointed defense counsel. The Coordinating Discovery Attorney shall oversee any discovery issues that are common to all of the defendants. (Signed by Judge Jed S. Rakoff on 4/15/22)(jw) (Entered: 04/15/2022)
4/14/2022ENDORSED LETTER addressed to Judge Jed S. Rakoff from Telemachus P. Kasulis, Jorja Knauer dated 4/14/2022 re: We represent Joseph Rivera in the above-captioned case and seek a one-week extension of the date by which Mr. Rivera must satisfy his outstanding bail conditions. The government consents to this request...ENDORSEMENT: The Court grants the one week extension requested above. (Signed by Judge Jed S. Rakoff on 4/14/22)(jw) (Entered: 04/14/2022)
4/12/2022NOTICE OF ATTORNEY APPEARANCE: Jorja Nicole Knauer appearing for Joseph Rivera. Appearance Type: CJA Appointment. (Knauer, Jorja) (Entered: 04/12/2022)
4/11/202241 Medical Attention Form as to Andrew Done. (jw) (Entered: 04/12/2022)
4/11/2022CONSENT TO PROCEED BY TELE CONFERENCE as to Andrew Done re: Initial Appearance Before a Judicial Officer and Arraignment (Signed by Magistrate Judge Ona T. Wang on 4/11/22)(jw) (Entered: 04/12/2022)
4/11/2022RULE 5(F) ORDER as to Andrew Done (Signed by Magistrate Judge Ona T. Wang on 4/11/2022)(jw) (Entered: 04/12/2022)
4/11/2022Attorney update in case as to Andrew Done. Attorney John Anthony Diaz for Andrew Done added. (jw) (Entered: 04/12/2022)
4/11/202236CJA 23 Financial Affidavit by Andrew Done. (Signed by Magistrate Judge Ona T. Wang) Attorney John Diaz (jw) (Entered: 04/11/2022)
4/11/2022Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Plea entered by Andrew Done (1) Count 1,2,3,4,5,12,13,14,15 Not Guilty. (jw) (Entered: 04/11/2022)
4/11/2022Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Arraignment on disposition sheet as to Andrew Done (1) Count 1,2,3,4,5,12,13,14,15 held on 4/11/2022. Defense counsel Joh A. Diaz. AUSA Dominic Gentile. Deft arraigned and pleads not guilty. Speedy Trial time excluded under 18 USC 3161(h)(7) until 5/11/22 (jw) (Entered: 04/11/2022)
4/11/2022Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Initial Appearance on disposition sheet as to Andrew Done held on 4/11/2022. Defense counsel John A. Diaz. AUSA Dominic Gentile. Detention on consent without prejudice. Control date set for 5/11/22. Medical needs order granted. Mental health evaluation necessary, evaluate for risk of self-harm. (jw) (Entered: 04/11/2022)
4/8/2022Appearance Bond as to Malvin Restituyo in amount of $75,000.00 Personal Recognizance Bond; To be cosigned by two financially responsible persons; Additional conditions.... (jw) (Main Document 44 replaced on 6/9/2022) (jbo). (Entered: 04/14/2022)
4/8/2022Rule 5(c)(3) Documents Received as to Frailyn Capellan from the United States District Court - Eastern District of Pennsylvania. (jm) (Entered: 04/08/2022)
4/8/2022Minute Entry for proceedings held before Judge Jed S. Rakoff:Pretrial Conference as to Moises Fontanez, Olbeny Diaz, Frailyn Capellan, Joel Ortiz, Edwin Jimenez, Malvin Restituyo, Anderson Burdier, Joseph Rivera held on 4/8/2022. Present were the government by Dominic Gentile, AUSA, Spanish interpreter Gabriel Mitre, court reporter Sonya Moore, Deft 3 Moises Fontanez by Evan Lipton, deft 4 Olbeni Diaz by Richard Palma, deft 5 Frailyn Capellan by John Kaley, Deft 6 Joel Ortiz, deft 7 Edwin Jimenez by Joseph Caldarera, deft 8 Malvin Restituyo by Clay Kaminsky, deft 9 Anderson Budier by Sam Gregory, deft 10 Joseph Rivera by Tim Kasulis. Close discovery 4/29/2022, defense motions by 7/29/2022, next appearance, in court PTC 8/4/2022 at 11:00am, TDS 12/5/2022 at 9:30am. Time is excluded until this trial date in the interest of justice, pursuant to Section 3161 of Title 18. (Discovery due by 4/29/2022., Defense Motions due by 7/29/2022., Trial Set Date set for 12/5/2022 at 09:30 AM before Judge Jed S. Rakoff., Pretrial Conference set for 8/4/2022 at 11:00 AM before Judge Jed S. Rakoff.) (jw) (Entered: 04/08/2022)
4/8/2022RULE 5(F) ORDER as to Frailyn Capellan. (Signed by Magistrate Judge Jennifer E Willis on 4/8/2022) (ap) (Entered: 04/08/2022)
4/7/2022Minute Entry for proceedings held before Magistrate Judge Jennifer E. Willis: Arraignment as to Frailyn Capellan (5) Count 1,4,5,14,15 held on 4/7/2022. Plea entered by Frailyn Capellan (5) Count 1,4,5,14,15 -- Not Guilty. (bw) (Entered: 04/12/2022)
4/7/2022Minute Entry for proceedings held before Magistrate Judge Jennifer E. Willis: Initial Appearance as to Frailyn Capellan (5) held on 4/7/2022. Proceeding via In Person. Date of Arrest: 3/31/2022. AUSA Dominic A. Gentile. Defense Counsel John Kaley (CJA). Spanish Interpreter needed. Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 4/8/2022. (bw) (Entered: 04/12/2022)
4/7/2022Attorney update in case as to Frailyn Capellan (5). Attorney John Francis Kaley for Frailyn Capellan added. (bw) (Entered: 04/12/2022)
4/7/202237CJA 23 Financial Affidavit by (22-Cr-192-5) Frailyn Capellan. APPROVED: (Signed by Magistrate Judge Jennifer E. Willis on 4/7/2022); Attorney John Kaley. (bw) (Entered: 04/12/2022)
4/7/2022NOTICE OF ATTORNEY APPEARANCE: Joseph Matthew Caldarera appearing for Edwin Jimenez. Appearance Type: Retained. (Caldarera, Joseph) (Entered: 04/07/2022)
4/4/2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Moises Fontanez, Olbeny Diaz, Joel Ortiz, Edwin Jimenez, Malvin Restituyo, Joseph Rivera held on 4/4/2022. A telephone conference was held 4-4-22 without transcription or recording. Present were Dominic Gentile for the Government, Telemachus Kasulis for Joseph Rivera, Raoul Zaltzberg for Joel Ortiz and on behalf of Evan Lipton for Moises Fontanez, Thomas Ambrosio for Edwin Jimenez, Clay Kaminsky for Malvin Restituyo, and Richard Palma for Olbeni Diaz. An initial conference in this case is scheduled for Friday, April 8, 2022 at 12:00 noon before Judge Jed S. Rakoff in Courtroom 14B. (Pretrial Conference set for 4/8/2022 at 12:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff) (lnl) (Entered: 04/04/2022)
4/4/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Malvin Restituyo. Notice is hereby given that an official transcript of a Hearing proceeding held on 3/31/2022 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.... (js) (Entered: 04/04/2022)
4/4/2022TRANSCRIPT of Proceedings as to Malvin Restituyo re: Hearing held on 3/31/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771, 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 4/25/2022. Redacted Transcript Deadline set for 5/5/2022. Release of Transcript Restriction set for 7/5/2022. (js) (Entered: 04/04/2022)
4/1/2022ORAL ORDER as to Anderson Burdier (9). Time excluded from 4/1/2022 until 5/2/2022. (By Magistrate Judge Sarah L. Cave on 4/1/2022) (bw) (Entered: 04/01/2022)
4/1/2022Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Arraignment as to Anderson Burdier (9) Count 1,14,15 held on 4/1/2022. Plea entered by Anderson Burdier (9) Count 1,14,15 -- Not Guilty. (bw) (Entered: 04/01/2022)
4/1/2022Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Initial Appearance as to Anderson Burdier (9) held on 4/1/2022. Date of Arrest: 3/31/2022. AUSA Dominic Gentile. Defense Counsel Samuel Gregory (CJA). Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on: TBD. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 5/2/2022. (bw) (Entered: 04/01/2022)
4/1/2022Attorney update in case as to Anderson Burdier (9). Attorney Samuel Gregory for Anderson Burdier added. (bw) (Entered: 04/01/2022)
4/1/202227CJA 23 Financial Affidavit by (22-Cr-192-9) Anderson Burdier. APPROVED: (Signed by Magistrate Judge Sarah L. Cave on 4/1/2022); Attorney Samuel Gregory. (bw) (Entered: 04/01/2022)
3/31/2022Arrest of Frailyn Capellan (5). [*** NOTE: Refer to Disposition Sheet filed on 4/7/2022. ***] (bw) (Entered: 04/12/2022)
3/31/2022Attorney update in case as to Joel Ortiz. Attorney Raoul Zaltzberg for Joel Ortiz added. (jw) (Entered: 04/04/2022)
3/31/202229CJA 23 Financial Affidavit by Joel Ortiz. (Signed by Magistrate Judge Sarah L Cave) Attorney Raoul Zaltzberg (jw) (Entered: 04/04/2022)
3/31/2022Arrest of Anderson Burdier (9). (bw) (Entered: 04/01/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Plea entered by Joel Ortiz (6) Count 1,12,13,14,15 Not Guilty. (jw) (Entered: 04/01/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Arraignment on disposition sheet as to Joel Ortiz (6) Count 1,12,13,14,15 held on 3/31/2022. Deft arraigned and pleads not guilty. Speedy trial time excluded under 18 USC 3161(h)(7) until 5/2/2022. (jw) (Entered: 04/01/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Initial Appearance on disposition sheet as to Joel Ortiz held on 3/31/2022. Defense counsel Raoul Zaltzberg. AUSA present. Detention on consent without prejudice. (jw) (Entered: 04/01/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Plea entered by Edwin Jimenez (7) Count 1,14,15 Not Guilty. (jw) (Entered: 04/01/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Arraignment on disposition sheet as to Edwin Jimenez (7) Count 1,14,15 held on 3/31/2022. Defendant arraigned and pleads not guilty. Next conference set before District Judge on 4/7 or 8/2022. Speedy Trial Time excluded under 18 USC 3161(h)(7) until 5/2/2022. (jw) (Entered: 04/01/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Initial Appearance on disposition sheet as to Edwin Jimenez held on 3/31/2022. Defense counsel Thomas Ambrosio. AUSA Dominic Gentile. Detention on consent without prejudice. (jw) (Entered: 04/01/2022)
3/31/2022Appearance Bond Entered as to (22-Cr-192-10) Joseph Rivera in amount of $75,000.00. $75,000 PRB to be co-signed by 2 financial responsible persons; Travel limited to SDNY/EDNY; Surrender travel documents (& no new applications); Pretrial supervision as directed by PTS; Drug testing/treatment as directed by PTS; Defendant to submit to urinalysis, if positive, add condition of drug testing/treatment; Home incarceration; Location monitoring technology as directed by PTS; Defendant not to possess firearm/destructive device/other weapon; Defendant to be released on own signature; Remaining conditions to be met by 4/14/2022; (1) Defendant to report to PTS at 9 AM on 4/1/2022 for bracelet installation; (2) Defendant to refrain from contact with co-defendants, victims, or witnesses in this case unless in the presence of counsel; (3) Defendant to be allowed to leave home to go to Montefiore for methadone treatment. (bw) (Entered: 04/01/2022)
3/31/2022ORAL ORDER as to Joseph Rivera (10). Time excluded from 3/31/2022 until 5/2/2022. (By Magistrate Judge Sarah L. Cave on 3/31/2022) (bw) (Entered: 04/01/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Arraignment as to Joseph Rivera (10) Count 14,15 held on 3/31/2022. Plea entered by Joseph Rivera (10) Count 14,15 -- Not Guilty. (bw) (Entered: 04/01/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Initial Appearance as to Joseph Rivera (10) held on 3/31/2022. Proceeding via In Person. Date of Arrest: 3/31/2022. AUSA Dominic Gentile. Defense Counsel Telemachus Kasulis by Valerie Gotlib (CJA). Proceeding: Rule 9. BAIL DISPOSITION: $75,000 PRB; 2 FRP; Travel restricted to SDNY/EDNY; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Drug testing/treatment as directed by PTS; Defendant to submit to urinalysis; If positive, add condition of drug testing/treatment; Home incarceration; Location monitoring technology as directed by PTS; Defendant not to possess firearm/destructive device/other weapon; Defendant to be released on own signature; Remaining conditions to be met by 4/14/2022. 1. Defendant to report to PTS at 9am on 4/1/2022 for bracelet installation. 2. Defendant to refrain from contact with Co-Defendants, victims or witnesses in this case unless in the presence of counsel. 3. Defendant to be allowed to leave home to go to Montefiore for methadone treatment. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 5/2/2022. (bw) (Entered: 04/01/2022)
3/31/2022Attorney update in case as to Joseph Rivera (10). Attorney Telemachus Philip Kasulis for Joseph Rivera added. (bw) (Entered: 04/01/2022)
3/31/202222CJA 23 Financial Affidavit by (22-Cr-192-10) Joseph Rivera. APPROVED: (Signed by Magistrate Judge Sarah L Cave on 3/31/2022); Attorney Telemachus Kasulis (by Valerie Gotlib). (bw) (Entered: 04/01/2022)
3/31/2022Arrest of Joseph Rivera (10). (bw) (Entered: 04/01/2022)
3/31/2022ORAL ORDER as to Malvin Restituyo (8). Time excluded from 3/31/2022 until 5/2/2022. (By Magistrate Judge Sarah L. Cave on 3/31/2022) (bw) (Entered: 04/01/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Arraignment as to Malvin Restituyo (8) Count 1,8,9 held on 3/31/2022. Plea entered by Malvin Restituyo (8) Count 1,8,9 -- Not Guilty. (bw) (Entered: 04/01/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Initial Appearance as to Malvin Restituyo (8) held on 3/31/2022. Proceeding via In Person. Date of Arrest: 3/31/2022. AUSA Dominic Gentile. Defense Counsel Clay Kaminsky by Jonathan Marvinny (Federal Defenders). Spanish Interpreter needed. Proceeding: Rule 9. Proceeding: Arraignment, Bail Hearing. BAIL DISPOSITION: $75,000 PRB; 2 FRP; Travel restricted to SDNY/EDNY; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Drug testing/treatment as directed by PTS; Home incarceration; Location monitoring technology as directed by PTS; Defendant not to possess firearm/destructive device/other weapon; Defendant to be released on own signature; Remaining conditions to be met by two weeks. 1. Defendant to be detained until (a) bracelet installed; (b) 1 FRP co-signs; (c) expired DR passport is surrendered. 2. Defendant must refrain from contact with Co-Defendants, victims, witnesses directly or indirectly unless in presence of counsel. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 5/2/2022. (bw) (Entered: 04/01/2022)
3/31/2022Attorney update in case as to Malvin Restituyo (8). Attorney Clay Hubbard Kaminsky for Malvin Restituyo added. (bw) (Entered: 04/01/2022)
3/31/202220CJA 23 Financial Affidavit by (22-Cr-192-8) Malvin Restituyo. APPROVED: (Signed by Magistrate Judge Sarah L. Cave on 3/31/2022); Attorney Clay Kaminsky. (bw) (Entered: 04/01/2022)
3/31/2022Arrest of Malvin Restituyo (8). (bw) (Entered: 04/01/2022)
3/31/2022Attorney update in case as to Edwin Jimenez. Attorney Thomas Ambrosio for Edwin Jimenez added. (jw) (Entered: 03/31/2022)
3/31/202219CJA 23 Financial Affidavit by Edwin Jimenez. (Signed by Magistrate Judge Sarah L Cave) Attorney Thomas Ambrosio (jw) (Entered: 03/31/2022)
3/31/2022Attorney update in case as to Moises Fontanez. Attorney Evan Loren Lipton for Moises Fontanez added. (jw) (Entered: 03/31/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Detention Hearing as to Olbeny Diaz held on 3/31/2022. (jbo) (Entered: 03/31/2022)
3/31/202218CJA 23 Financial Affidavit by Moises Fontanez. (Signed by Magistrate Judge Sarah L Cave) Attorney Evan Lipton (jw) (Entered: 03/31/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Plea entered by Moises Fontanez (3) Count 1,10,11,12,13,14,15 Not Guilty. (jw) (Entered: 03/31/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Arraignment on disposition sheet as to Moises Fontanez (3) Count 1,10,11,12,13,14,15 held on 3/31/2022. Defendant arraigned and pleads not guilty. Speedy Trial time excluded under 18 USC 3161(h)(7) until 5/2/2022. Conference set before District Judge on 4/7/ or 8/2022. Speedy Trial time excluded under 18 USC 18 USC 3161(h)(7) until 5/2/2022 (jw) (Entered: 03/31/2022)
3/31/2022Attorney update in case as to Olbeny Diaz. Attorney Richard Palma for Olbeny Diaz added. (jbo) (Entered: 03/31/2022)
3/31/202217CJA 23 Financial Affidavit by Olbeny Diaz. CJA Richard Palma appointed counsel. APPROVED. (Signed by Judge Paul A. Crotty) (jbo) (Entered: 03/31/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Arraignment as to Olbeny Diaz (4) Count 1,6,7,12,13,14,15 held on 3/31/2022. Plea entered by Olbeny Diaz Not Guilty. (jbo) (Entered: 03/31/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Initial Appearance on disposition sheet as to Moises Fontanez held on 3/31/2022. Defense counsel Evan Lipton. AUSA Dominic Gentile. Detention on consent without prejudice. (jw) (Entered: 03/31/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Initial Appearance as to Olbeny Diaz held on 3/31/2022. Defendant present with CJA counsel Richard Palma. AUSA Dominic Gentile present for the Government. BAIL DISPOSITION: DETENTION ON CONSENT WITHOUT PREJUDICE. Defendant arraigned and pleads Not Guilty. Speedy trial time excluded until 5/2/22. (jbo) (Entered: 03/31/2022)
3/31/2022Arrest of Olbeny Diaz. (jbo) (Entered: 03/31/2022)
3/31/2022RULE 5(F) ORDER as to Andrew Done, Victor Almonte, Moises Fontanez, Olbeny Diaz, Frailyn Capellan, Joel Ortiz, Edwin Jimenez, Malvin Restituyo, Anderson Burdier, Joseph Rivera (Signed by Magistrate Judge Sarah L Cave on 3/31/22)(jw) (Entered: 03/31/2022)
3/31/2022Attorney update in case as to Andrew Done, Victor Almonte, Moises Fontanez, Olbeny Diaz, Frailyn Capellan, Joel Ortiz, Edwin Jimenez, Malvin Restituyo, Anderson Burdier, Joseph Rivera. Attorney Dominic A. Gentile for USA added. (jm) (Entered: 03/31/2022)
3/31/2022Case as to Andrew Done, Victor Almonte, Moises Fontanez, Olbeny Diaz, Frailyn Capellan, Joel Ortiz, Edwin Jimenez, Malvin Restituyo, Anderson Burdier, Joseph Rivera ASSIGNED to Judge Jed S. Rakoff. (jm) (Entered: 03/31/2022)
3/31/2022Case Designated ECF as to Andrew Done, Victor Almonte, Moises Fontanez, Olbeny Diaz, Frailyn Capellan, Joel Ortiz, Edwin Jimenez, Malvin Restituyo, Anderson Burdier, Joseph Rivera. (jm) (Entered: 03/31/2022)
3/31/2022INDICTMENT UNSEALED as to Andrew Done, Victor Almonte, Moises Fontanez, Olbeny Diaz, Frailyn Capellan, Joel Ortiz, Edwin Jimenez, Malvin Restituyo, Anderson Burdier, Joseph Rivera. (jm) (Entered: 03/31/2022)
3/31/2022Order to Unseal Indictment as to Sealed Defendant Andrew Done, Sealed Defendant Victor Almonte, Sealed Defendant Moises Fontanez, Sealed Defendant Olbeny Diaz, Sealed Defendnat Frailyn Capellan, Sealed Defendant Joel Ortiz, Sealed Defendant Edwin Jimenez, Sealed Defendant Malvin Restituyo, sealed Defendant Anderson Burdier, Sealed Defendant Joseph Rivera. (Signed by Magistrate Judge Sarah L Cave on 3/31/22)(jm) (Entered: 03/31/2022)
3/30/20221SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/30/2022)
3/29/2022SEALED INDICTMENT as to Sealed Defendant Andrew Done (1) count(s) 1, 2, 3, 4, 5, 12, 13, 14, 15, Sealed Defendant Victor Almonte (2) count(s) 1, 4, 5, 14, 15, Sealed Defendant Moises Fontanez (3) count(s) 1, 10, 11, 12, 13, 14, 15, Sealed Defendant Olbeny Diaz (4) count(s) 1, 6, 7, 12, 13, 14, 15, Sealed Defendnat Frailyn Capellan (5) count(s) 1, 4, 5, 14, 15, Sealed Defendant Joel Ortiz (6) count(s) 1, 12, 13, 14, 15, Sealed Defendant Edwin Jimenez (7) count(s) 1, 14, 15, Sealed Defendant Malvin Restituyo (8) count(s) 1, 8, 9, sealed Defendant Anderson Burdier (9) count(s) 1, 14, 15, Sealed Defendant Joseph Rivera (10) count(s) 14, 15. (jm) (Entered: 03/31/2022)