USA v. Nunez et al

1:22-cr-00293 | New York Southern District Court

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Division Foley Square
Judge Judge J. Paul Oetken
Filed May 19, 2022
Case Flags ECF and PRIOR
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4 Days
  • 4/7/2025
IT IS FURTHER ORDERED that the defendant be perm itted to wear the clothing pursuant to this Order during every court appearance from April 7, 2025 )jury selection) until the trial is concluded.
will be permitted to receive non-prison clothing at the Metropolitan Detention Center Brooklyn to wear for his trial sch eduled to begin on April 7, 2025.
will be permitted to receive non-prison clothing at Hudson County Correctional Center to wear for his trial scheduled to begin on April 7, 2025.
Brian Hernandez, and Iyaury Rodriguez- Rosario,1 is scheduled to begin on April 7, 2025.
The first trial is scheduled to begin on April 7, 2025.
Brian Hernandez, and Iyaury Rodriguez- Rosario is scheduled to begin on April 7, 2025.
) (Jury Trial set for 4/7/2025 at 10:00 AM before Judge J. Paul Oetken.
Trial set for April 7, 2025 at 10am. The next status conference is scheduled for 12/15/2023 at 10:00am.
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5 Months
  • 9/5/2025
Zapata and Lloret’s motion is thus granted, and the Government is directed make such disclosures on or before September 5, 2025.
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6 Months
  • 10/6/2025
) Currently, Zapata and Lloret are scheduled to stand trial in group two, and their trial is scheduled to begin October 6, 2025.
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Filing Date # Docket Text
4/3/2025Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript
4/3/2025Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript, Transcript
4/3/2025 ORDER as to Jowenky Nunez, Jr.: IT IS HEREBY ORDERED that the attorneys for the defendant and/or paralegal, Meusette Gonzalez, may provide trial clothes to the defendant tat the United State Federal Courthouse in the SDNY or at the Metropolitan Dete ntion Center (MDC) and that family members for the defendant may provide additional trial clothes to the defendant at MDC. Please find an itemized list of the clothing below: 1. (2) Suit jackets; 2. (4) Pairs Dress Slacks; 3. (4) Button-down Dress Sh irts; 4. (5) Short-sleeve Undershirts, white; 5. (5) Sleeveless Undershirts, white; 6. (5) Pairs Socks; 7. (3) Pairs Boxer-briefs, white; 8. (4) Ties; 9. (1) Belt; 10. (1) Pair of New Balance Sneakers. IT IS FURTHER ORDERED that the defendant be perm itted to wear the clothing pursuant to this Order during every court appearance from April 7, 2025 )jury selection) until the trial is concluded. The trial is scheduled to last approximately seven (7) weeks. (Signed by Judge J. Paul Oetken on 4/3/2025) (ap)
4/3/2025Letter Motion
4/3/2025Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion
4/3/2025 ORDER as to Iyaury Rodriguez-Rosario: IT IS HEREBY ORDERED, that the defendant Iyaury Rodriguez-Rosario, Inmate No. 08020-509, will be permitted to receive non-prison clothing at the Metropolitan Detention Center Brooklyn to wear for his trial sch eduled to begin on April 7, 2025. He is permitted to have up to three pairs of pants, on blazer, four pairs of socks, four shirts, two ties, one belt, one pair of shoes and one sweater to wear to Court. (Signed by Judge J. Paul Oetken on 4/3/2025) (ap)
4/3/2025 ORDER as to Brian Hernandez: IT IS HEREBY ORDERED that the defendant Brian Hernandez, Inmate No. 368984, will be permitted to receive non-prison clothing at Hudson County Correctional Center to wear for his trial scheduled to begin on April 7, 2025. He is permitted to have up to three pairs of pants, one blazer, four pairs of socks, four shirts, four undershirts, two ties, one belt, one pair of shoes and one sweater to wear to Court. (Signed by Judge J. Paul Oetken on 4/2/2025) (ap)
4/2/2025Letter Motion
3/31/2025Letter Motion
3/28/2025Proposed Voir Dire Questions, Proposed Voir Dire Questions, Proposed Voir Dire Questions
3/28/2025Proposed Jury Instructions, Proposed Jury Instructions, Proposed Jury Instructions
3/28/2025Request to Charge, Request to Charge, Request to Charge
3/28/2025Proposed Examination of Jurors, Proposed Examination of Jurors, Proposed Examination of Jurors
3/27/2025Docket Annotation
3/26/2025Letter Motion, Letter Motion, Letter Motion
3/26/2025Letter - Sentencing
3/26/2025Docket Annotation
3/25/2025Reply Memorandum of Law in Support of Motion, Reply Memorandum of Law in Support of Motion, Reply Memorandum of Law in Support of Motion
3/25/2025Notice of Filing Transcript
3/25/2025Transcript
3/25/2025 ORDER as to Jowenky Nunez, Jr, Brian Hernandez, Iyaury Rodriguez-Rosario: The final pretrial conference scheduled for March 31, 2025 at 2:00 p.m. will take place in Courtroom 318 in the Thurgood Marshall Courthouse, 40 Foley Square, as will the trial. The Court intends to sit for trial from 9:30 a.m. to 5:00 p.m. Monday through Thursday of each week, and not sit on Fridays, for the duration of the trial until deliberations begin. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/25/2025) (lnl)
3/24/2025 ORDER as to Jowenky Nunez, Jr.: Esere J. Onaodowan, Esq., counsel for Jowenky Nunez, is appointed to represent Mr. Nunez under the Criminal Justice Act, 18 U.S.C § 3006A ("CJA"), seeks approval for the use of CJA funds to purchase a laptop to enable this client who is detained to review discovery materials produced by the Government. Defense counsel represents that without a laptop the defendant will be unable to effectively review the voluminous discovery material that the Government has produced and continues to produce in this case. (Signed by Judge J. Paul Oetken on 3/24/2025) (See ORDER as set forth) (lnl)
3/24/2025Docket Annotation, Docket Annotation, Docket Annotation
3/22/2025Response in Opposition to Motion
3/21/2025Memorandum in Opposition to Motion
3/21/2025Response to Motion
3/21/2025Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter, ~Util - Set/Reset Deadlines/Hearings
3/20/2025Letter Motion, Letter Motion, Letter Motion
3/19/2025Docket Annotation
3/19/2025Letter Motion
3/18/2025Sentencing Submission
3/11/2025Notice of Filing Transcript
3/11/2025Transcript
3/8/2025In Limine
3/7/2025In Limine, In Limine, In Limine
2/24/2025Notice of Filing Transcript
2/24/2025Transcript
2/19/2025 OPINION AND ORDER Jowenky Nunez, Jr, et al. For the foregoing reasons, the pretrial motions filed by defendants Nunez Jr., Hernandez, Rodriguez, Jesus Zapata, and Lloret are denied. The Clerk of Court is directed to close the motions at Docket Numbers 429, 432, 436, 438, and 471. (Signed by Judge J. Paul Oetken on 2/18/25)(jw)
2/12/2025Notice of Filing Transcript
2/12/2025Transcript
2/12/2025Notice of Filing Transcript
2/12/2025Transcript
2/7/2025Notice of Attorney Appearance - Defendant
2/7/2025~Util - Set/Reset Deadlines/Hearings, Oral Order, ~Util - Set/Reset Deadlines/Hearings, Oral Order, Oral Order, ~Util - Set/Reset Deadlines/Hearings, ~Util - Set/Reset Deadlines/Hearings, Oral Order, ~Util - Set/Reset Deadlines/Hearings, Oral Order, Pretrial Conference, Pretrial Conference, Pretrial Conference, Pretrial Conference
2/5/2025Docket Annotation
2/4/2025Continue
2/3/2025Order of Referral to Probation for Presentence Investigation and Report, Change of Not Guilty Plea, ~Util - Plea Entered, ~Util - Set/Reset Hearings, Change of Plea Hearing
1/31/2025Docket Annotation, Docket Annotation, Docket Annotation, Docket Annotation
1/28/2025Docket Annotation
1/28/2025Letter Motion
1/28/2025Notice of Attorney Appearance - Defendant
1/22/2025Docket Annotation
1/21/2025 JUDGMENT IN A CRIMINAL CASE as to Wilson Mendez (5). THE DEFENDANT: pleaded guilty to counts One (1), Fourteen (14), Fifteen (15), Thirty Six (36), Forty (40), Forty Four (44). Counts All Open are dismissed on the motion of the United States. IM PRISONMENT: 60 months on counts 1,14,36,40, & 44 to run concurrent with each other, and 84 months on count 15 to run consecutive to all other counts; for a total of 144 months. court makes the following recommendations to the Bureau of Prisons: 1- The Court recommends that the defendant be housed at a medical facility that can evaluate and treat any physical and mental health issues. 2- The Court recommends that the defendant be housed in a facility as close as possible to the New York Ci ty metropolitan area in order to facilitate familial visits. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 5 years on all counts to run concurrently. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $600.00 due immediately. The defendant shall forfeit the defendant's interest in the following property to the United States: $53,500.00. (Signed by Judge J. Paul Oetken on 1/17/2025) (ap)
1/17/2025Sentencing
1/16/2025 ORDER as to Jowenky Nunez, Jr, Brian Hernandez, Iyaury Rodriguez-Rosario. Trial as to Defendants Jowenky Nunez, Jr., Brian Hernandez, and Iyaury Rodriguez- Rosario is scheduled to begin on April 7, 2025. As discussed during the conference held on January 16, 2025, the parties scheduled for trial shall comply with the following schedule: Jan. 27: The Government shall provide Rule 404(b) notice and initial information regarding experts, including their identities and the subjects of t heir testimony. Feb. 17: The Government shall provide formal expert notice. March 7: The parties shall file any motions in limine, after conferring at least one week in advance. March 10: Defendants shall provide formal expert notice . March 10: The Government shall provide 3500 material on attorney-eyes-only (AEO) basis for witnesses as to whom it does not have security concerns. March 17: The Government shall provide 3500 material on AEO basis for witnesses as to whom it has security concerns. March 21: The parties shall file motion in limine oppositions. March 24: 3500 material shall be redesignated attorney-possession-only. March 26: The parties shall file motion in limine replies. March 28: T he Government shall produce trial exhibits and summary charts. March 31: The parties & counsel shall appear for final pretrial conference at 2:00 pm. The Clerk of Court is directed to terminate the motions at ECF No. 505 & 506. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/16/25)(jbo)
1/16/2025~Util - Set/Reset Deadlines/Hearings, Oral Order, ~Util - Set/Reset Deadlines/Hearings, Oral Order, Oral Order, ~Util - Set/Reset Deadlines/Hearings, Pretrial Conference, Pretrial Conference, Pretrial Conference, Order on Letter Motion
1/16/2025Notice of Attorney Appearance - Defendant
1/16/2025Letter Motion
1/15/2025Notice of Attorney Appearance - Defendant
1/15/2025~Util - Add and Terminate Attorneys, Attorney Appointment Hearing
1/15/2025 ORDER as to (S7 22-Cr-293-17) Jowenky Nunez, Sr. The C.J.A. attorney previously appointed in this case, Calvin Scholar, is hereby relieved as counsel and C.J.A. attorney Grainne O'Neill is hereby appointed to represent the defendant. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/15/2025) (bw)
1/14/2025Letter
1/14/2025Withdraw as Attorney
1/10/2025Letter - Sentencing
1/10/2025Notice of Attorney Appearance - Defendant
1/10/2025Docket Annotation, Docket Annotation, Docket Annotation
1/8/2025~Util - Plea Entered, ~Util - Set/Reset Hearings, Change of Plea Hearing
1/4/2025Sentencing Submission
12/19/2024PROTECTIVE ORDER MODIFICATION as to (22-Cr-293-1) Jowenky Nunez, Jr...regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED: (Signed by Judge J. Paul Oetken on 12/19/2024) (bw)
12/13/2024MEMO ENDORSEMENT 493 LETTER MOTION as to Jesus Zapata (23)....ENDORSEMENT...Granted. SO ORDERED (Signed by Judge J. Paul Oetken on 12/12/24) (jw)
12/5/2024ORDER as to Jerrin Pena: IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. (Signed by Judge J. Paul Oetken on 12/4/2024) (ap)
11/22/2024Docket Annotation
11/20/2024Docket Annotation
11/20/2024Letter
10/29/2024 JUDGMENT IN A CRIMINAL CASE as to Mayovanex Rodriguez (12). The defendant pleaded guilty to counts One (1), Seven (7) and Forty-Four (44). All open counts are dismissed on the motion of the United States. IMPRISONMENT: 300 months on counts 1, 7 and 44, to run concurrent with each other. The Court recommends that the Defendant be housed in a facility near the New York metropolitan area in order to facilitate familial visits. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 5 years on each count to run concurrently. ASSESSMENT: $300.00 due immediately. (Signed by Judge J. Paul Oetken on 10/28/2024) (lnl)
10/22/2024Letter - Sentencing
9/20/2024Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion, Memorandum in Support of Motion
9/20/2024Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure, Disclosure
9/20/2024 Memo Endorsed granting 469 LETTER MOTION Request to adjourn deadline to file pre-trial motion for severance as to Jesus Zapata (23), Brayan Lloret (24)... Endorsement: Granted. So Ordered. (Signed by Judge J. Paul Oetken on 9/20/24) (jbo)
9/20/2024Pretrial Conference, Pretrial Conference, Pretrial Conference, Pretrial Conference, Pretrial Conference, Pretrial Conference, Pretrial Conference, Pretrial Conference, Pretrial Conference, Pretrial Conference, Pretrial Conference, Pretrial Conference
9/20/2024Letter Motion, Letter Motion
9/18/2024MEMO ENDORSEMENT 466 LETTER MOTION as to Iyaury Rodriguez-Rosario...ENDORSEMENT...Granted. SO ORDERED (Signed by Judge J. Paul Oetken on 9/17/2024) (jw)
9/17/2024Letter Motion
9/17/2024Letter Motion
9/17/2024 MEMO ENDORSEMENT as to Argenis Tavarez (9) granting 464 FIRST LETTER MOTION addressed to Judge J. Paul Oetken from Thomas Francis Dunn dated September 17, 2024 re: request for co-counsel to stand up for client Argenis Tavarez. ENDORSEMENT: Granted. (Signed by Judge J. Paul Oetken on 9/17/2024) (ap)
9/17/2024Letter Motion
9/17/2024Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant, Notice of Attorney Appearance - Defendant
9/11/2024NOTICE OF ATTORNEY APPEARANCE Alexandra S. Messiter appearing for USA. (Messiter, Alexandra) (Entered: 09/11/2024)
9/11/2024ENDORSED LETTER as to (22-Cr-293-23) Jesus Zapata addressed to Judge J. Paul Oetken from Andrew M. J. Bernstein, Esq. re: As the Court is aware I am CJA-appointed counsel for defendant Jesus Zapata in the above-captioned matter. A status conference in this matter is scheduled for September 18, 2024, at which time I will be traveling out of state. I write to request that Jill Shellow, Esq.1, who represents Brayan Lloret, stand in for me at that conference. I have conferred with Ms. Shellow and she has agreed to stand in for me at the conference. Mr. Zapata consents to having Ms. Shellow cover for me. Accordingly, I respectfully request that Your Honor excuse me from having to attend the September 18, 2024 conference and permit Ms. Shellow to stand in for me. ENDORSEMENT: Granted. So ordered: (Signed by Judge J. Paul Oetken on 9/11/2024) (bw) (Entered: 09/11/2024)
9/10/2024 LETTER MOTION addressed to Judge J. Paul Oetken from Andrew Bernstein on behalf of Jesus Zapata dated 2024/09/10 re: Request to be excused from September 18, 2024 conference and permit Jill Shellow to stand in for me. . Document filed by Jesus Zapata. (Bernstein, Andrew) (Entered: 09/10/2024)
9/3/2024 PROTECTIVE ORDER MODIFICATION as to Jowenky Nunez, Sr...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge J. Paul Oetken on 9/3/2024) (ap) (Entered: 09/03/2024)
8/30/2024MEMO ENDORSEMENT granting 457 LETTER MOTION filed by Elvis Trejo (14), addressed to Judge J. Paul Oetken from Attorney Patricia A. Pileggi dated August 28, 2024 re: Request to be excused from September 18, 2024 conference and have Jill R. Shellow cover. ENDORSEMENT: Granted. So ordered. (Signed by Judge J. Paul Oetken on 8/30/2024) (bw) (Entered: 08/30/2024)
8/29/2024NOTICE: The September 18, 2024 pretrial conference will be held in Courtroom 110 of 40 Foley Square. (bh) (Entered: 08/29/2024)
8/28/2024 LETTER MOTION addressed to Judge J. Paul Oetken from Patricia A. Pileggi dated August 28, 2024 re: Request to be excused from September 18, 2024 conference and have Jill R. Shellow cover . Document filed by Elvis Trejo. (Pileggi, Patricia) (Entered: 08/28/2024)
8/28/2024NOTICE as to Mayovanex Rodriguez: Sentencing is adjourned to October 28, 2024 at 2:30 PM. (bh) (Entered: 08/28/2024)
8/28/2024NOTICE as to Mayovanex Rodriguez: Sentencing is adjourned to October 17, 2024 at 2:30 PM. (bh) (Entered: 08/28/2024)
8/28/2024CONSENT LETTER MOTION addressed to Judge J. Paul Oetken from Kevin Mead dated August 28, 2024 re: Adjournment of Sentencing . Document filed by USA as to Mayovanex Rodriguez. (Mead, Kevin) (Entered: 08/28/2024)
8/27/2024Attorney update in case as to Jowenky Nunez, Sr. Attorney Calvin Harold Scholar for Jowenky Nunez, Sr added. (jw) (Entered: 08/27/2024)
8/27/2024ORDER as to Jowenky Nunez, Sr. The C.J.A. attorneys previously appointed in this case, Sabrina P. Shroff and John A. Diaz, and Pro Bono counsel Luca Marzorati and Mari Grace, are hereby relieved as counsel. C.J.A. attorney Calvin Scholar is hereby appointed to represent the defendant. (Signed by Judge J. Paul Oetken on 8/26/24)(jw) (Entered: 08/27/2024)
8/26/2024Minute Entry for proceedings held before Judge J. Paul Oetken: Status Conference as to Jowenky Nunez, Sr held on 8/26/2024. Defendant Jowenky Nunez, Sr. present with attorney Sabrina Shroff; CJA attorney Calvin Scholar present; Spanish Interpreter present; Court Reporter present. Substitution of counsel hearing held: CJA attorneys Sabrina Shroff and John Diaz are removed as counsel. Pro Bono attorneys Luca Marzorati and Mari Grace are also removed as counsel. CJA attorney Calvin Scholar is appointed. Detention continued. (See transcript for complete details). Added attorney Calvin Harold Scholar for Jowenky Nunez, Sr. Attorney Luca Marzorati; Sabrina P. Shroff; John Anthony Diaz and Mari Grace terminated in case as to Jowenky Nunez, Sr. (ap) (Entered: 08/27/2024)
8/19/2024NOTICE as to Mayovanex Rodriguez: The August 19, 2024 sentencing hearing is adjourned to August 28, 2024 at 2:30 PM. (bh) (Entered: 08/19/2024)
8/15/2024NOTICE as to Jowenky Nunez, Sr: A substitution of counsel hearing is scheduled for August 26, 2024 at 12:30 pm in Courtroom 706 of 40 Foley Square. Counsel for the government is not required to be in attendance. (BH) (Entered: 08/15/2024)
8/13/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Wilson Mendez. Notice is hereby given that an official transcript of a Plea proceeding held on 7/26/2024 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: 08/13/2024)
8/13/2024TRANSCRIPT of Proceedings as to Wilson Mendez re: Plea held on 7/26/2024 before Judge J. Paul Oetken. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/3/2024. Redacted Transcript Deadline set for 9/13/2024. Release of Transcript Restriction set for 11/12/2024. (McGuirk, Kelly) (Entered: 08/13/2024)
8/6/2024Attorney update in case as to Daniel Vegas (19). Attorney Lorraine Gauli-Rufo terminated. (bw) (Entered: 08/06/2024)
8/6/2024ENDORSED LETTER as to (22-Cr-293-19) Daniel Vegas addressed to Judge J. Paul Oetken from Lorraine Gauli-Rufo, Esq. dated August 2, 2024 re: I was appointed under the Criminal Justice Act ("CJA") as attorney for Daniel Vegas in the above captioned matter. We have concluded our representation of Mr. Vegas; therefore, I am respectfully requesting to be removed from notifications in this case. Your Honor's time and consideration of this request is greatly appreciated. ENDORSEMENT: Granted. So ordered. (Signed by Judge J. Paul Oetken on 8/6/2024) (bw) (Entered: 08/06/2024)
8/5/2024PROTECTIVE ORDER MODIFICATION as to (22-Cr-293-6) Brian Hernandez. Upon the application of the United States of America, with the consent of the undersigned counsel, and the defendant having requested discovery under Fed. R. Crim. P. 16, the Court hereby finds and orders as follows: 1. On July 26, 2022, the Court entered a Protective Order (the "Protective Order") (Dkt. 77) to govern discovery materials in this matter that was signed by all parties then in the case. On July 29, 2022, the Court amended the Protective Order (Dkt. 80) to explicitly allow disclosure of discovery materials to the Coordinating Discovery Attorney. A copy of the Protective Order as amended is attached here as Exhibit A. 2. Defendant Brian Hernandez, through initial counsel, previously signed the Protective Order. 3. On or about June 15, 2023, the Court, at the request of defendant Brian Hernandez, replaced and appointed new counsel ("Second Counsel") for him. 4. Second Counsel agreed to be bound by the terms of the Protective Order, and, on or about June 27, 2023, the Court so ordered that the Protective Order binds Second Counsel. 5. On or about July 26, 2024, Leo Aldridge, Esq., was appointed new counsel for Hernandez. 6. Counsel for Hernandez, Leo Aldridge, Esq., agrees to be bound by the terms of the Protective Order. SO ORDERED: (Signed by Judge J. Paul Oetken on 8/5/2024) (bw) (Entered: 08/05/2024)
8/2/2024 LETTER MOTION addressed to Judge J. Paul Oetken from Lorraine Gauli-Rufo dated 08/02/2024 re: Request to be removed from ECF notifications . Document filed by Daniel Vegas. (Gauli-Rufo, Lorraine) (Entered: 08/02/2024)
7/30/2024NOTICE as to Jowenky Nunez, Sr: Counsel is directed to file a response to defendant's July 12, 2024 letter by August 12, 2024. (bh) (Entered: 07/30/2024)
7/29/2024 REPLY TO RESPONSE to Motion by Jowenky Nunez, Jr re 436 MOTION Omnibus relief .. (Barrett, Jean) (Entered: 07/29/2024)
7/29/2024 REPLY TO RESPONSE to Motion by Hugo Rodriguez re 432 MOTION for Bill of Particulars . LETTER MOTION addressed to Judge J. Paul Oetken from Sarah M. Sacks and Bennett M. Epstein dated June 14, 2024 re: Motion for Bill of Particulars .. (Sacks, Sarah) (Entered: 07/29/2024)
7/29/2024NOTICE as to Mayovanex Rodriguez: At the request of defense counsel, sentencing is adjourned to August 19, 2024 at 2:30 pm. (bh) (Entered: 07/29/2024)
7/28/2024 REPLY TO RESPONSE to Motion by Jerrin Pena re 433 MOTION to Dismiss for Lack of Jurisdiction . MOTION to Sever Defendant . MOTION for Release of Brady Materials .. (Kaufman, Gary) (Entered: 07/28/2024)
7/26/2024LETTER by (22-Cr-293-17) Jowenky Nunez, Sr. addressed to Judge J. Paul Oetken dated July 12, 2024. (bw) (Entered: 07/26/2024)
7/26/2024Minute Entry for proceedings held before Judge J. Paul Oetken: Attorney Appointment Hearing as to Brian Hernandez held on 7/26/2024. Defendant present with attorney Michael Hueston; AUSA Christopher Brumwell present. Court Reporter present. Substitution of counsel hearing held: CJA attorneys Michael Hueston and Gilbert Bayonne are relieved and CJA attorney Leo Aldridge is appointed. The reply in support of defendant Hernandez's pretrial motions is due by September 6, 2024. Defendant Detained. ***Added attorney Leonardo M Aldridge for Brian Hernandez. Attorney Gilbert S Bayonne and Michael Oliver Hueston terminated in case as to Brian Hernandez. (jbo) (Entered: 07/26/2024)
7/26/2024CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to (S2 22-Cr-293-5) Wilson Mendez. SO ORDERED: (Signed by Judge J. Paul Oetken on 7/26/2024) [*** NOTE: See this Order as set forth. ***] (bw) (Entered: 07/26/2024)
7/26/2024Oral Order of Referral to Probation for Presentence Investigation and Report as to Wilson Mendez. (Signed by Judge J. Paul Oetken on 7/26/2024) (ap) (Entered: 07/26/2024)
7/26/2024Minute Entry for proceedings held before Judge J. Paul Oetken: Plea entered by Wilson Mendez (5) Guilty as to Count 1sss,14sss,15sss,36sss,40sss,44sss. (ap) (Entered: 07/26/2024)
7/26/2024Minute Entry for proceedings held before Judge J. Paul Oetken: Change of Plea Hearing as to Wilson Mendez held on 7/26/2024. Defendant present with attorney Dawn Florio; AUSA Sarah Kushner, Kevin Mead and Ashley Nicolas present; Court Reporter present. Change of Plea Hearing held. Defendant sworn and the Court accepts the defendant's change of plea to Guilty as to counts 1,14,15,36,40 and 44. The sentencing date is set for November 1, 2024 at 11:30 pm. The defendant's sentencing submission is due by October 18, 2024 and the Government's submission is due October 25, 2024. The PSR was ordered and detention is continued. (See transcript) (Sentencing set for 11/1/2024 at 11:30 AM before Judge J. Paul Oetken) (ap) (Entered: 07/26/2024)
7/24/2024Sentencing Letter by USA as to Mayovanex Rodriguez addressed to Hon. J. Paul Oetken from Kevin Mead dated July 24, 2024 re: July 31 Sentencing of Defendant Mayovanex Rodriguez. (Mead, Kevin) (Entered: 07/24/2024)
7/22/2024NOTICE as to Brian Hernandez: A hearing on the request for substitution of counsel is scheduled for July 29, 2024 at 11:30 am, and will be held in Courtroom 706 of 40 Foley Square. (bh) (Entered: 07/22/2024)
7/22/2024 LETTER MOTION addressed to Judge J. Paul Oetken from Michael Hueston, Esq. dated July 22, 2024 re: 442 LETTER MOTION addressed to Judge J. Paul Oetken from Michael Hueston, Esq. dated July 22, 2024 re: request to be relieved as counsel for Mr. Hernandez and to have substitute counsel appointed. . re: request to be relieved as counsel for Mr. Hernandez and to have substitute counsel appointed. . Document filed by Brian Hernandez. (Hueston, Michael) (Entered: 07/22/2024)
7/22/2024 LETTER MOTION addressed to Judge J. Paul Oetken from Michael Hueston, Esq. dated July 22, 2024 re: request to be relieved as counsel for Mr. Hernandez and to have substitute counsel appointed. . Document filed by Brian Hernandez. (Hueston, Michael) (Entered: 07/22/2024)
7/17/2024SENTENCING SUBMISSION by Mayovanex Rodriguez. (Attachments: # 1 Exhibit Dr. Drob Report, # 2 Exhibit Defendant's letter to Court, # 3 Exhibit Defendant's certificates)(Moskowitz, Avraham) (Entered: 07/17/2024)
7/15/2024MEMORANDUM in Opposition by USA as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier, Jesus Zapata, Brayan Lloret re 433 MOTION to Dismiss for Lack of Jurisdiction . MOTION to Sever Defendant . MOTION for Release of Brady Materials ., 438 LETTER MOTION addressed to Judge J. Paul Oetken from Michael Hueston, Esq. dated July 8, 2024 re: 431 Memorandum in Support of Motion re: to correct page 6 of Mr. Hernandezs Memorandum of Law in Support of his Pretrial Motions at ECF 431. . MOTION for Release of Brady Materials ., 436 MOTION Omnibus relief ., 432 MOTION for Bill of Particulars . LETTER MOTION addressed to Judge J. Paul Oetken from Sarah M. Sacks and Bennett M. Epstein dated June 14, 2024 re: Motion for Bill of Particulars .. (Kushner, Sarah) (Entered: 07/15/2024)
7/8/2024 LETTER MOTION addressed to Judge J. Paul Oetken from Michael Hueston, Esq. dated July 8, 2024 re: 431 Memorandum in Support of Motion re: to correct page 6 of Mr. Hernandezs Memorandum of Law in Support of his Pretrial Motions at ECF 431. . Document filed by Brian Hernandez. (Hueston, Michael) (Entered: 07/08/2024)
7/3/2024MOTION to obtain Sentencing Transcripts, Docket Sheet, Judgment of Commitment, and Plea Agreement. Document filed by (22-Cr-293-18) Jesus Gonzalez. Dated: June 26, 2024. (bw) (Entered: 07/03/2024)
6/21/2024 MOTION Omnibus relief . Document filed by Jowenky Nunez, Jr. (Attachments: # 1 Supplement Memorandum)(Barrett, Jean) (Entered: 06/21/2024)
6/17/2024MEMO ENDORSEMENT 424 Motion for Extension of Time as to Elvis Trejo...ENDORSEMENT...Granted. SO ORDERED (Signed by Judge J. Paul Oetken on 6/17/24) (jw) (Entered: 06/17/2024)
6/17/2024MEMO ENDORSEMENT 423 FIRST LETTER MOTION addressed to Judge J. Paul Oetken from Jesus Zapata and Brayan Lloret dated 2024-05-27 re: Request for an adjournment of the pretrial motion schedule as it relates only to Messrs. Zapata and Lloret as to Jesus Zapata...ENDORSEMENT...Granted in part. Pretrial Motions on behalf of defendants Jesus Zapta and Brayan Lloret shall be filed by September 20, 2024 (Signed by Judge J. Paul Oetken on 6/17/24) (jw) (Entered: 06/17/2024)
6/14/2024 MOTION to Dismiss for Lack of Jurisdiction ., MOTION to Sever Defendant ., MOTION for Release of Brady Materials . Document filed by Jerrin Pena. Return Date set for 9/18/2024 at 11:00 AM. (Attachments: # 1 Affidavit of Gary M. Kaufman, # 2 Exhibit Exhibit A - Proof of Birthdate, # 3 Exhibit Exhibit B - Detention Memo for Chronology, # 4 Exhibit Exhibit C - Police Report with Redacted Brady Material, # 5 Exhibit Exhibit D - Brady Letter - Defense, # 6 Exhibit Exhibit E - Brady Letter Response - Government)(Kaufman, Gary) (Entered: 06/14/2024)
6/14/2024 MOTION for Bill of Particulars ., LETTER MOTION addressed to Judge J. Paul Oetken from Sarah M. Sacks and Bennett M. Epstein dated June 14, 2024 re: Motion for Bill of Particulars . Document filed by Hugo Rodriguez. (Sacks, Sarah) (Entered: 06/14/2024)
6/14/2024MEMORANDUM in Support by Brian Hernandez re 429 MOTION to Sever Defendant . MOTION for Release of Brady Materials .. (Hueston, Michael) (Entered: 06/14/2024)
6/14/2024DECLARATION of Michael Hueston, Esq. in Support as to Brian Hernandez re: 429 MOTION to Sever Defendant . MOTION for Release of Brady Materials .. (Hueston, Michael) (Entered: 06/14/2024)
6/14/2024 MOTION to Sever Defendant ., MOTION for Release of Brady Materials . Document filed by Brian Hernandez. (Hueston, Michael) (Entered: 06/14/2024)
6/13/2024MEMO ENDORSEMENT as to Jowenky Nunez, Jr. granting 427 LETTER MOTION addressed to Judge J. Paul Oetken from Jeffrey Pittell dated 6.12.2024 re: Extension of date to file motions. ENDORSEMENT: Granted. So Ordered. (Motions due by 6/21/2024) (Signed by Judge J. Paul Oetken on 6/13/2024) (lnl) (Entered: 06/13/2024)
6/12/2024 LETTER MOTION addressed to Judge J. Paul Oetken from Jeffrey Pittell dated 6.12.2024 re: Extension of date to file motions . Document filed by Jowenky Nunez, Jr. (Pittell, Jeffrey) (Entered: 06/12/2024)
6/11/2024 LETTER by USA as to Wilson Mendez addressed to Judge J. Paul Oetken from Kevin Mead dated June 11, 2024 re: Report Finding Defendant Wilson Mendez Mentally Competent Document filed by USA. (Mead, Kevin) (Entered: 06/11/2024)
6/3/2024MEMO ENDORSEMENT 422 LETTER MOTION addressed to Judge J. Paul Oetken from Sarah M. Sacks dated May 21, 2024 re: request for co-defendant meeting as to Hugo Rodriguez....ENDORSEMENT... Granted. Defendant's Hugo Rodriguez, Jerrin Pena, Justin Deaza, Brian Hernandez, Iyaury Rodriguez-Rosario, Brayan Lloret, and Jowenky Nunez, Sr. shall be produced to the cell block of Courtroom 21C of the Daniel Patrick Moynihan United States Courthouse at 500 Pearl street on June 7, 2024 at 11:00 a.m. for a co-defendants meeting. The U.S. Marshals have allotted one hour for the meeting and will allow only counsel and interpreters to enter the cell block area (Signed by Judge J. Paul Oetken on 6/3/2024) (jw) (Entered: 06/03/2024)
6/3/2024FIRST MOTION for Extension of Time to file pre-trial motions. Document filed by Elvis Trejo. (Pileggi, Patricia) (Entered: 06/03/2024)
5/27/2024FIRST LETTER MOTION addressed to Judge J. Paul Oetken from Jesus Zapata and Brayan Lloret dated 2024-05-27 re: Request for an adjournment of the pre-trial motion schedule as it relates only to Messrs. Zapata and Lloret. . Document filed by Jesus Zapata as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier, Jesus Zapata, Brayan Lloret. (Bernstein, Andrew) (Entered: 05/27/2024)
5/21/2024 LETTER MOTION addressed to Judge J. Paul Oetken from Sarah M. Sacks dated May 21, 2024 re: request for co-defendant meeting . Document filed by Hugo Rodriguez as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier, Jesus Zapata, Brayan Lloret. (Sacks, Sarah) (Entered: 05/21/2024)
5/21/2024ENDORSED LETTER as to (22-Cr-293-12) Mayovanex Rodriguez addressed to Judge J. Paul Oetken from Attorney Avraham C. Moskowitz dated May 17, 2024 re: Mr. Rodriguez is currently scheduled to be sentenced before Your Honor on May 30, 2024. This letter is respectfully submitted to request a sixty-day adjournment of the sentencing.... ENDORSEMENT: Granted. Sentencing as to Mayovanex Rodriguez is hereby adjourned to July 31, 2024, at 11:30 a.m. Defendant's sentencing submission shall be filed by July 17, 2024. The Government's sentencing submission shall be filed by July 24, 2024. So ordered: ( Brief due by 7/17/2024. Responses to Brief due by 7/24/2024. Sentencing set for 7/31/2024 at 11:30 AM before Judge J. Paul Oetken. )(Signed by Judge J. Paul Oetken on 5/21/2024) (bw) (Entered: 05/21/2024)
5/17/2024 MOTION to Postpone Sentencing . Document filed by Mayovanex Rodriguez. (Moskowitz, Avraham) (Entered: 05/17/2024)
5/8/2024NOTICE of Change of Address as to Jesus Zapata. New Address: Fox Rothschild LLP, 101 Park Avenue, 17th Floor, New York, NY, United States 10178, 212-450-9843. (Bernstein, Andrew) (Entered: 05/08/2024)
5/7/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Elvis Trejo. Notice is hereby given that an official transcript of a Conference proceeding held on 3/15/2024 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: 05/07/2024)
5/7/2024TRANSCRIPT of Proceedings as to Elvis Trejo re: Conference held on 3/15/2024 before Judge J. Paul Oetken. Court Reporter/Transcriber: Dana Holland, (212) 805-0320, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/28/2024. Redacted Transcript Deadline set for 6/7/2024. Release of Transcript Restriction set for 8/5/2024. (McGuirk, Kelly) (Entered: 05/07/2024)
5/7/2024NOTICE OF ATTORNEY APPEARANCE: John Anthony Diaz appearing for Jowenky Nunez, Sr. Appearance Type: CJA Appointment. (Diaz, John) (Entered: 05/07/2024)
5/2/2024LETTER by (22-Cr-293-17) Jowenky Nunez, Sr. addressed to Judge J. Paul Oetken from Jowenky Nunez, Sr. dated April 14, 2024 re: I WOULD LIKE TO REQUEST THAT YOU PLEASE ASSIGN TO ME A NEW ATTORNEY I DO NOT HAVE ACCEPTABLE COMMUNICATION WITH THE ATTORNEY SABRINA P. SHROFF ESQ. COMMUNICATION HAS BROKEN DOWN TO POINT WHERE WE CANNOT CONTINUE THIS CASE TOGETHR. I ALSO DO NOT TRUST THAT SHE HAS MY BEST INTEREST AT HEART. (bw) (Entered: 05/02/2024)
4/29/2024ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 USC 3582(c)(2) as to Jesus Gonzalez (18), Count(s) 1. It is ORDERED that the motion is DENIED (Signed by Judge J. Paul Oetken on 4/29/24)(jw) (Entered: 04/29/2024)
4/29/2024ORDER 401 Motion to Reduce Sentence re Amendment 821 as to Jesus Gonzalez. On March 11, 2024, Defendant Jesus Gonzalez, proceeding pro se, filed a motion, pursuant to 18 U.S.C. § 3582(c)(2), for a reduction of his sentence pursuant to Amendment 821 to the United States Sentencing Guidelines, which went into effect on November 1, 2023, and applies retroactively. (ECF No. 401.) The Government filed an opposition to Gonzalez's motion on March 16, 2024. (ECF No. 406.). For the foregoing reasons, Gonzalez's motion is denied. The Clerk of Court is directed to close the motion at ECF No. 401 and to mail a copy of this Order to: Jesus Gonzalez, Register No. 18100-510, FCI Allenwood Medium, Federal Correctional Institution, P.O. Box 2000, White Deer, PA 17887. [**The Clerk has mailed this Order to defendant Jesus Gonzalez on 4/29/2024 to the address listed on this Order above**] (Signed by Judge J. Paul Oetken on 4/29/24) (jw) (Entered: 04/29/2024)
4/29/2024 PROTECTIVE ORDER MODIFICATION as to Elvis Trejo...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge J. Paul Oetken on 4/29/24)(jw) (Entered: 04/29/2024)
4/23/2024ORDER as to Elvis Trejo. The CJA attorney previously appointed in this case, Kenneth Montgomery, is hereby relieved as counsel, and CJ.A. attorney Patricia Pileggi is hereby appointed to represent the defendant. SO ORDERED (Signed by Judge J. Paul Oetken on 4/23/24) (jw) (Entered: 04/23/2024)
4/23/2024Minute Entry for proceedings held before Judge J. Paul Oetken: Attorney Appointment Hearing as to Elvis Trejo held on 4/23/2024. Defendant Elvis Trejo present with attorney Kenneth Montgomery; CJA attorney Patricia Pileggi, The Government is not present; Court Reporter present. Substitution of counsel held: Kenneth Montgomery is relieved as counsel and CJA attorney Patricia Pileggi is substituted as counsel. (See transcript for complete details) Asthma Pump and ear infection. ***Added attorney Patricia A. Pileggi for Elvis Trejo. Attorney Kenneth Jamal Montgomery terminated in case as to Elvis Trejo. (jbo) (Entered: 04/23/2024)
4/1/2024ORDER as to Elvis Trejo: Defendant Elvis Trejo stated at the March 15, 2024 conference that he wished to have a new lawyer appointed, and his CJA lawyer has moved to withdraw as counsel for Mr. Trejo. (ECF No. 407.) The Court scheduled a conference on March 29, 2024, to address the request for a change of counsel, but the Court understands from the Marshals Service that Defendant declined to leave his cell to attend that conference. The Court will reschedule the conference to address the request. Accordingly, a conference with Mr. Trejo, his CJA counsel, and the Government will be held on April 23, 2024, at 2:30 p.m. in Courtroom 706 at the United States Courthouse, 40 Foley Square, New York, New York. The Clerk of Court is directed to mail a copy of this order to Mr. Trejo at MDC Brooklyn. SO ORDERED. (Attorney Appointment Hearing set for 4/23/2024 at 02:30 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken) (Signed by Judge J. Paul Oetken on 4/1/2024) (A copy of this ORDER was mailed by the Clerk's Office on 4/2/2024 to Elvis Trejo, MDC Brooklyn, P.O. Box 329002, Brooklyn, NY 11232) (lnl) (Entered: 04/02/2024)
3/26/2024NOTICE as to Elvis Trejo: A pretrial conference as to defendant Elvis Trejo is scheduled for March 29, 2024 at 3:00 pm in Courtroom 706 of 40 Foley Square. (bh) (Entered: 03/26/2024)
3/21/2024AMENDED JUDGMENT In A Criminal Case. (FOR REVOCATION OF PROBATION OR SUPERVISED RELEASE). Date of Imposition of Judgment: 01/04/2024. Defendant Yorkis Chevalier (22) admitted guilt to violation of condition(s) Seven (7) of the term of supervision. The defendant has not violated condition(s) 1-6 and is discharged as to such violation(s) condition. IMPRISONMENT: 3 months. - The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision: You will submit your person, residence, place of business, vehicle, and any property or electronic devices under your control to a search, on the basis that the Probation Officer has reasonable suspicion that contraband or evidence of a violation may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be grounds for revocation. You shall warn any other residents that the premises may be subject to searches pursuant to this condition. - You shall participate in an outpatient substance abuse treatment program approved by the Probation Office, which may include testing to determine whether you have reverted to using drugs or alcohol. I authorize the release of available drug treatment evaluations and reports, including the presentence report, to the substance abuse treatment provider. - You shall report to the nearest Probation Office within 72 hours. - You shall be supervised by the District of your residence. - You shall not associate or interact, including through social media, with any gang members, including OED or other Trinitarios gang members. *You shall participate in an anger management counseling program as approved by the Probation Department. (Signed by Judge J. Paul Oetken on 3/21/2024) (bw) (Entered: 03/21/2024)
3/21/2024 MOTION for Kenneth J. Montgomery to Withdraw as Attorney . Document filed by Elvis Trejo. (Montgomery, Kenneth) (Entered: 03/21/2024)
3/16/2024MEMORANDUM in Opposition by USA as to Jesus Gonzalez re 401 MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Jesus Gonzalez (18) re Count 1 filed.. (Mead, Kevin) (Entered: 03/16/2024)
3/15/2024Set/Reset Deadlines/Hearings as to Jerrin Pena, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Argenis Tavarez, Hugo Rodriguez, Johann Zapata, Elvis Trejo, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Zapata, Brayan Lloret: Motions due by 6/14/2024. Replies due by 7/29/2024. Responses due by 7/15/2024. (job) (Entered: 03/15/2024)
3/15/2024Minute Entry for proceedings held before Judge J. Paul Oetken: Pretrial Conference as to Jerrin Pena, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Argenis Tavarez, Hugo Rodriguez, Johann Zapata, Elvis Trejo, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Zapata, Brayan Lloret held on 3/15/2024. Defendant Jowenky Nunez present with attorney Jeffrey Pittell & Jean Barret; Defendant Jerrin Pena present with attorney Gary Kaufman; Defendant Justin Deaza present with attorney Valerie Gotlib; Defendant Wilson Mendez present with attorney Declan Murray; Defendant Brian Hernandez present with attorney Michael Hueston; Defendant Argenis Tavarez present with attorney Thomas Dunn; Defendant Hugo Rodriguez present with attorney Sarah Sacks; Defendant Johann Zapata present with attorney Donald J. Yannella; Defendant Elvis Trejo present with attorney Kenneth Montgomery by Elizabeth Macedonio; Defendant Iyaury Rodriguez-Rosario present with attorney Elizabeth Macedonio; Defendant Jowenky Nunez, Sr. present with attorney Sabrina Shroff by Michael Hueston; Defendant Jesus Zapata present with attorney Andrew Berstein; Defendant Brayan Lloret present with attorney Jill Shellow; Coordinating Discovery Attorney Emma Greenwood present via telephone; AUSA Ashley Nicolas and Kevin Meade present; Spanish Interpreter for defendant Jowenky Nunez, Sr. present; Court Reporter present. Pretrial conference held: Defense motions due by 6/14/2024, responses by 7/15/2024, replies by 7/29/2024. Defendants Jesus Zapata and Brayan Lloret are granted permission to request additional time to file motions. The next conference is set for 9/18/2024 at 11:00 am. Time is excluded to 9/18/2024. Bail continued as to defendant Johann Zapata, detention continued as to all other defendants. (See transcript for complete details.) (Pretrial Conference set for 9/18/2024 at 11:00 AM before Judge J. Paul Oetken.) (job) (Entered: 03/15/2024)
3/14/2024405ORDER granting 404 LETTER MOTION re: 404 LETTER MOTION addressed to Judge J. Paul Oetken from Kenneth J.Montgomery esq dated March 13, 2024 re: Request to have stand in counsel, as to Elvis Trejo (14). GRANTED. So ordered. (Signed by Judge J. Paul Oetken on 3/14/2024) (bh) (Entered: 03/14/2024)
3/13/2024 LETTER MOTION addressed to Judge J. Paul Oetken from Kenneth J.Montgomery esq dated March 13, 2024 re: Request to have stand in counsel . Document filed by Elvis Trejo. (Montgomery, Kenneth) (Entered: 03/13/2024)
3/13/2024403ORDER granting 402 LETTER MOTION re: 402 LETTER MOTION addressed to Judge J. Paul Oetken from Jill R. Shellow dated 3/12/2024 re: Request to be excused from 3/15/24 conference and to have Valierie Gotlib cover. As to Brayan Lloret (24). GRANTED. So ordered. (Signed by Judge J. Paul Oetken on 3/13/2024) (bh) (Entered: 03/13/2024)
3/12/2024 LETTER MOTION addressed to Judge J. Paul Oetken from Jill R. Shellow dated 3/12/2024 re: Request to be excused from 3/15/24 conference and to have Valierie Gotlib cover . Document filed by Brayan Lloret. (Shellow, Jill) (Entered: 03/12/2024)
3/11/2024MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Jesus Gonzalez (18) re Count 1 filed. Document filed by (22-Cr-293-18) Jesus Gonzalez. [*** NOTE: Document entitled "Motion For A Reduction Of Sentence Pursuant To 3582(c)(2) And Amendment 821." ***] (bw) (Entered: 03/11/2024)
3/6/2024ORDER as to Mayovanex Rodriguez: IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/5/2024) (lnl) (Entered: 03/06/2024)
2/28/2024ORDER as to Argenis Tavarez, Jowenky Nunez, Sr.: IT IS HEREBY ORDERED that the status conference previously scheduled for February 29, 2024, is rescheduled to March 15, 2024, at 10:30 a.m. and will be held in Courtroom 318 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The Court hereby excludes time through March 15, 2024, under the Speedy Trial Act, 18 USC 3161(h) (7)(A), finding that the ends of justice outweigh the interests of the public and the defendants in a speedy trial. Time excluded from 2/28/2024 until 3/28/2024. (Pretrial Conference set for 3/15/2024 at 10:30 AM in Courtroom 318, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken) (Signed by Judge J. Paul Oetken on 2/28/2024) (ap) (Entered: 02/28/2024)
2/28/2024 LETTER MOTION addressed to Judge J. Paul Oetken from Kevin Mead dated February 28, 2024 re: Acceptance of Plea . Document filed by USA as to Mayovanex Rodriguez. (Attachments: # 1 Exhibit Plea Transcript, # 2 Proposed Order Plea Approval, # 3 Exhibit Signed Plea Agreement)(Mead, Kevin) (Entered: 02/28/2024)
2/27/2024CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Mayovanex Rodriguez. (jm) (Entered: 02/28/2024)
2/27/2024Minute Entry for proceedings held before Judge J. Paul Oetken: Bond Hearing as to Jowenky Nunez, Sr held on 2/27/2024. Defendant Jowenky Nunez, Sr. present with attorney Sabrina Shroff and Luca Marzorati; AUSA Ashley Nicolas and Sarah Kushner present; Spanish Interpreter present; Court Reporter present. Bail hearing held: Detention continued. (See transcript for complete details) (ap) (Entered: 02/27/2024)
2/27/2024Change of Not Guilty Plea to Guilty Plea as to Mayovanex Rodriguez (12) Count 1ss,7ss,44ss. (jbo) (Entered: 02/27/2024)
2/27/2024Minute Entry for proceedings held before Magistrate Judge Gary Stein: Change of Plea Hearing as to Mayovanex Rodriguez held on 2/27/2024. Plea entered by Mayovanex Rodriguez (12) Guilty as to Count 1ss,7ss,44ss. Defendant present with counsel by Andrew Patel. A.U.S.A. Kevin Mead present for the Government. Defendant enters a plea of Guilty to Counts # 1, 7 and 44 of the S7 indictment. Court reporter Khris Sellin present. Detention continued. PSI ordered. Sentencing date: May 30, 2024 at 2:30 p.m. (Sentencing set for 5/30/2024 at 02:30 PM before Judge J. Paul Oetken.) (jbo) (Entered: 02/27/2024)
2/27/2024396Notice as to Jowenky Nunez, Sr: The time of the February 27, 2024 bail hearing is moved to 4:00 pm. (bh) (Entered: 02/27/2024)
2/23/2024Notice as to Jowenky Nunez, Sr: A bail hearing is scheduled for February 27, 2024 at 12:15pm in Courtroom 706 of 40 Foley Square. (bh) (Entered: 02/23/2024)
2/12/2024MEMO ENDORSEMENT 393 Motion re: 393 MOTION Permanently Return US Passport as to Victor Colon...ENDORSEMENT...Granted. Pretrial Services is hereby directed to release custody of Mr. Colon's passport and return it to his father, Carlos Colon. SO ORDERED (Signed by Judge J. Paul Oetken on 2/12/2024) (jw) (Entered: 02/12/2024)
2/8/2024ENDORSED LETTER as to (22-Cr-293-23) Jesus Zapata addressed to Judge J. Paul Oetken from Attorney Andrew M. J. Bernstein dated December 19, 2023 re: As the Court is aware I am the CJA-appointed counsel to the defendant Jesus Zapata in the above-referenced matter. I write the Court to sign the attached Order allowing my firm to purchase a laptop computer for Mr. Zapata, which will then be provided to Data Mill, Inc., and the Government in order for Mr. Zapata to review the voluminous discovery in this matter, which amounts to approximately 1.5 TB. I am further asking the Court to order Metropolitan Detention Center ("MDC") and any other facility where Mr. Zapata may be held to provide him with sufficient time to review the discovery in this case.... ENDORSEMENT: The request for purchase of a laptop is granted, provided that counsel for Defendant shall contact Alan Nelson, CJA Case Budgeting Attorney, to discuss logistics. MDC and any other detention facility housing Defendant is directed to provide Mr. Zapata with sufficient time to review discovery. So ordered. (Signed by Judge J. Paul Oetken on 2/8/2024)(bw) (Entered: 02/08/2024)
2/7/2024Minute Entry for proceedings held before Judge J. Paul Oetken: Substitution of counsel hearing as to Jowenky Nunez, Sr held on 2/7/2024. Defendant Jowenky Nunez, Sr. present with attorney Sabrina Shroff; AUSA Kevin Meade present; Spanish Interpreter present; Court Reporter present. CJA attorney Sabrina Shroff will remain as counsel for defendant. Detention continues. (See transcript for complete details) (lnl) (Entered: 02/08/2024)
2/6/2024 MOTION Permanently Return US Passport . Document filed by Victor Colon. (Booth, Christopher) (Entered: 02/06/2024)
1/31/2024NOTICE as to Jowenky Nunez, Sr: A status conference as to Mr. Nunez, Sr. only is scheduled for February 7, 2024 at 12:00 pm in courtroom 706 of 40 Foley Square. (bh) (Entered: 01/31/2024)
1/30/2024 LETTER addressed to Judge J. Paul Oetken from Jowenky Nunez Sr dated 1/24/24 re: To request that you please assign to me a new attorney I do not have acceptable communication with the attorney Sabrina Shroff. (jw) (Entered: 01/30/2024)
1/22/2024MEMO ENDORSEMENT as to (22-Cr-293-18) Jesus Gonzalez on "Memorandum of Law: Motion to obtain Sentencing Transcripts, Docket Sheet, Judgment of Commitment, and Plea Agreement" filed by Jesus Gonzalez dated Jan. 2, 2024. ENDORSEMENT: Granted. Counsel for Defendant Jesus Gonzalez is directed to provide a copy of the sentencing transcript, docket sheet, plea agreement, and judgment to Mr. Gonzalez. Costs will be reimbursed with CJA funds. So ordered: (Signed by Judge J. Paul Oetken on 1/22/2024)(bw) (Entered: 01/22/2024)
1/22/2024PROTECTIVE ORDER MODIFICATION as to Argenis Tavarez. Upon the application of the United States of America, with the consent of the undersigned counsel, and the defendants having requested discovery under Fed. R. Crim. P. 16, the Court hereby finds and orders as follows: 1. On July 26, 2022, the Court entered a Protective Order (the "Protective Order") (Dkt. 77) to govern discovery materials in this matter that was signed by all parties then in the case. On July 29, 2022, the Court amended the Protective Order (Dkt. 80) to explicitly allow disclosure of discovery materials to the Coordinating Discovery Attorney. A copy of the Protective Order as amended is attached here as Exhibit A. 2. Defendants Argenis Tavarez was arrested on or about January 9, 2024. The same day, Thomas Dunn, Esq. was appointed to represent Tavarez. 3. Counsel for Tavarez, Thomas Dunn, Esq., agrees to be bound by the terms of the Protective Order. SO ORDERED: (Signed by Judge J. Paul Oetken on 1/22/2024)(bw) (Entered: 01/22/2024)
1/22/2024ORDER as to (S7 22-Cr-293-5) Wilson Mendez. WHEREAS, the defendant Wilson Mendez has moved under 18 U.S.C. § 4241(a) for an examination to determine the mental competency of the defendant; WHEREAS, the parties request that the Court designate an examiner, to be retained by the Government, to conduct an examination pursuant to 18 U.S.C. § 4247 at the Metropolitan Detention Center where the defendant is presently detained; IT IS HEREBY ORDERED that (i) the defendant shall be examined by a licensed or certified psychiatrist or psychologist, to be retained by the Government, to conduct a psychiatric or psychological examination and to issue a report on the defendants competence, (ii) that the defendant shall submit to examination(s) by the examiner, as needed by the examiner, (iii) that the examiner's evaluation shall include a determination as to whether the defendant is malingering; (iv) that the defendant shall provide to the examiner any records necessary for the examination or the preparation of the report; and (v) that the if the examiner believes a CAT scan and/or MRI is necessary, the examiner shall note such recommendation in the examiner's report so that the parties can request that the Court authorize such a scan. SO ORDERED: (Signed by Judge J. Paul Oetken on 1/22/2024)(bw) (Entered: 01/22/2024)
1/22/2024 MOTION for Protective Order . Document filed by USA as to Argenis Tavarez. (Nicolas, Ashley) (Entered: 01/22/2024)
1/22/2024JOINT LETTER MOTION addressed to Judge J. Paul Oetken from Kevin Mead dated January 22, 2024 re: Competency Evaluation . Document filed by USA as to Wilson Mendez. (Attachments: # 1 Proposed Order Competency Evaluation)(Mead, Kevin) (Entered: 01/22/2024)
1/18/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Steven Joaquin. Notice is hereby given that an official transcript of a Sentence proceeding held on 12/18/23 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 01/18/2024)
1/18/2024TRANSCRIPT of Proceedings as to Steven Joaquin re: Sentence held on 12/18/23 before Judge J. Paul Oetken. 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 2/8/2024. Redacted Transcript Deadline set for 2/20/2024. Release of Transcript Restriction set for 4/17/2024. (Moya, Goretti) (Entered: 01/18/2024)
1/16/2024MEMO ENDORSEMENT granting 377 FIRST MOTION filed by Yorkis Chevalier (22), to Appoint Counsel for VOSR proceedings re: The CJA office is requiring a new order appointing me and Clara Kalhous as associate counsel in order to submit an e-voucher for services rendered during the recently concluded VOSR representation. Since the hours approved for Ms. Kalhous for the underlying case have been mostly expended it has been suggested by CJA office to request authorization for additional hours for Ms. Kalhous. In that regard I respectfully request that Ms. Kalhous be approved for payment for the VOSR representation at the rate of $110.00 per hour for a period of 37.0 hours. ENDORSEMENT: Granted. So ordered. (Signed by Judge J. Paul Oetken on 1/16/2024) (bw) (Entered: 01/17/2024)
1/16/2024MEMO ENDORSEMENT granting 381 FIRST MOTION filed by Victor Colon (7), to Continue Designation re: It has just come to my attention that Mr. Colon has not received a designation on where and what to time to report to commence serving his sentence. You Honor ordered commencement of the sentence on January 15, 2024 which is this Monday and is also the Martin Luther King Jr. holiday. As it is Friday evening at this moment, I am requesting an extension of the date on which Mr. Colon has to start serving his time and that he do so upon receipt of a US BOP designation. In part, Your Honor is aware of the troubled conditions of the local federal facilities and it would inure to Mr. Colon's detriment to "walk into" one of same on Monday's holiday. Accordingly, it is respectfully requested that the Court set a new date in approximately three or more weeks for the commencement of sentence and upon designation by the US BOP. ENDORSEMENT: Granted. Defendant's surrender date is hereby adjourned to February 5, 2024. So ordered. (Signed by Judge J. Paul Oetken on 1/16/2024) (bw) (Entered: 01/16/2024)
1/12/2024(MOTION) Memorandum of Law: Motion to obtain Sentencing Transcripts, Docket Sheet, Judgment of Commitment, and Plea Agreement. Document filed by (S4 22-Cr-293-18) Jesus Gonzalez. Dated: Jan. 2, 2024. (bw) (Entered: 01/16/2024)
1/12/2024FIRST MOTION to Continue Designation. Document filed by Victor Colon. (Booth, Christopher) (Entered: 01/12/2024)
1/9/2024Minute Entry for proceedings held before Magistrate Judge Robyn F. Tarnofsky: Initial Appearance as to Argenis Tavarez held on 1/9/2024. Detention Hearing as to Argenis Tavarez held on 1/9/2024. Arraignment as to Argenis Tavarez (9) Count 1,1s,1ss,1sss,8s,8ss,8sss,9s,9ss,9sss,10s,10ss,10sss,11s,11ss,11sss,40s,41s,44ss, 44sss,45ss,45sss held on 1/9/2024. Plea entered by Argenis Tavarez (9) Count 1,1s,1ss,1sss,8s,8ss,8sss,9s,9ss,9sss,10s,10ss,10sss,11s,11ss,11sss,40s,41s,44ss, 44sss,45ss,45sss Not Guilty. AUSA Ashley Nicolas present for the Government. Defendant present with CJA attorney Thomas Dunn. BAIL DISPOSITION: Detention on consent w/o prejudice. ( Pretrial Conference set for 2/29/2024 at 02:30 PM before Judge J. Paul Oetken.) (job) (Main Document 379 replaced on 1/10/2024) (job). (Entered: 01/10/2024)
1/9/2024Arrest of Argenis Tavarez. (job) (Entered: 01/10/2024)
1/9/2024Attorney update in case as to Argenis Tavarez. Attorney Thomas Francis Dunn for Argenis Tavarez added. (job) (Entered: 01/10/2024)
1/9/2024378CJA 23 Financial Affidavit by Argenis Tavarez. CJA attorney Thomas Dunn appointed counsel. Approved. (Signed by Magistrate Judge Robyn F. Tarnofsky) (job) (Entered: 01/10/2024)
1/9/2024FIRST MOTION to Appoint Counsel for VOSR proceedings. Document filed by Yorkis Chevalier. (Rosenberg, Richard) (Entered: 01/09/2024)
1/8/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Victor Colon. Notice is hereby given that an official transcript of a Sentence proceeding held on 11/20/2023 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: 01/08/2024)
1/8/2024TRANSCRIPT of Proceedings as to Victor Colon re: Sentence held on 11/20/2023 before Judge J. Paul Oetken. 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 1/29/2024. Redacted Transcript Deadline set for 2/8/2024. Release of Transcript Restriction set for 4/8/2024. (McGuirk, Kelly) (Entered: 01/08/2024)
1/4/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Wilson Mendez. Notice is hereby given that an official transcript of a Conference proceeding held on 12/20/23 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 01/04/2024)
1/4/2024TRANSCRIPT of Proceedings as to Wilson Mendez re: Conference held on 12/20/23 before Judge J. Paul Oetken. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/25/2024. Redacted Transcript Deadline set for 2/5/2024. Release of Transcript Restriction set for 4/3/2024. (Moya, Goretti) (Entered: 01/04/2024)
1/4/2024Judgment in a Criminal Case (For Revocation of Probation or Supervised Release) as to Yorkis Chevalier (22). Date of Imposition of Judgment: 01/04/2024. The defendant admitted guilt to violation of condition(s) Seven (7) of the term of supervision. The defendant has not violated conditions 1-6 and is discharged as to such violations condition. IMPRISONMENT: Three (3) months. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Three (3) years. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). (Signed by Judge J. Paul Oetken on 1/4/2024) (jbo); (Main Document 372 replaced on 1/9/2024) (bw). Modified on 1/9/2024 (bw). (Entered: 01/04/2024)
1/4/2024Minute Entry for proceedings held before Judge J. Paul Oetken: Final Hearing re Revocation of Supervised Release as to Yorkis Chevalier held on 1/4/2024. Sentencing onViolation of Supervised Release held: Defendant's previous term of supervision is revoked and a new term of 3 months imprisonment with 3 years supervised release is imposed. All the original terms of supervised release are reimposed with the addition of participation in an anger management counseling program. (See transcript for complete details.) (jbo) (Entered: 01/04/2024)
1/3/2024SENTENCING SUBMISSION by USA as to Yorkis Chevalier. (Kushner, Sarah) (Entered: 01/03/2024)
12/29/2023Sentencing Letter by Yorkis Chevalier addressed to Judge J. Paul Oetken from Richard H. Rosenberg dated December 29, 2023 re: Violation Sentencing of Yorkis Chevalier. (Attachments: # 1 Exhibit A - Letter from Yorkis Chevalier, # 2 Exhibit B - Letter from Genesis Ventura)(Rosenberg, Richard) (Entered: 12/29/2023)
12/22/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yorkis Chevalier. Notice is hereby given that an official transcript of a Conference proceeding held on 11/20/2023 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: 12/22/2023)
12/22/2023TRANSCRIPT of Proceedings as to Yorkis Chevalier re: Conference held on 11/20/2023 before Judge J. Paul Oetken. 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 1/12/2024. Redacted Transcript Deadline set for 1/22/2024. Release of Transcript Restriction set for 3/21/2024. (McGuirk, Kelly) (Entered: 12/22/2023)
12/21/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Status Conference as to Wilson Mendez held on 12/21/2023. Defendant Wilson Mendez NOT present. Attorney Dawn Florio and Declan Murray present; AUSA Sarah Kushner and Kevin Meade present; Court Reporter present. Telephonic status conference held: The parties will discuss defendant's motion for a medical exam and file a proposed order. (See transcript for complete details.) (ap) (Entered: 12/21/2023)
12/20/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yorkis Chevalier. Notice is hereby given that an official transcript of a Conference proceeding held on 12/11/23 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: 12/20/2023)
12/20/2023TRANSCRIPT of Proceedings as to Yorkis Chevalier re: Conference held on 12/11/23 before Judge J. Paul Oetken. 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 1/10/2024. Redacted Transcript Deadline set for 1/22/2024. Release of Transcript Restriction set for 3/19/2024. (Moya, Goretti) (Entered: 12/20/2023)
12/20/2023JUDGMENT IN A CRIMINAL CASE as to Steven Joaquin (15). The defendant pleaded guilty to count One (1). All open counts are dismissed on the motion of the United States. IMPRISONMENT: 36 months, with time to begin running from August 9, 2023. The court makes the following recommendations to the Bureau of Prisons: 1-The Court recommends that the defendant be housed at the FCI Danbury in order to facilitate familial visits. 2-The Court recommends that the defendant be placed in the Residential Drug Abuse Program (RDAP) or other appropriate substance abuse treatment program. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 years supervised release. ASSESSMENT: $100.00 due immediately. (Signed by Judge J. Paul Oetken on 12/18/2023) (lnl) (Entered: 12/20/2023)
12/20/2023DISMISSAL OF COUNTS on Government Motion as to Steven Joaquin (15) Count 1,1s,18,19,30,31,40,41,44s,44ss,45s,45ss. (lnl) (Entered: 12/20/2023)
12/20/2023NOTICE as to Wilson Mendez: A telephone conference regarding defendant's motion for a medical exam is scheduled for December 20, 2023 at 11:00am. Counsel are directed to dial (888) 557-8511; access code: 9300838 at the time of the conference. (bh) (Entered: 12/20/2023)
12/19/2023 MOTION Laptop for Mr. Jesus Zapata to review discovery . Document filed by Jesus Zapata. (Attachments: # 1 Proposed Order To Allow Purchase of Laptop)(Bernstein, Andrew) (Entered: 12/19/2023)
12/18/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Sentencing held on 12/18/2023 for Steven Joaquin (15) Count 1ss. Defendant present with attorney Zachary Margulis-Ohnuma and Tess Cohen; AUSA Sarah Kushner present; Court Reporter present. Sentencing held: Defendant is sentenced to 36 months with 3 years of supervised release. Defendant is to pay a special assessment of $100. (See transcript for complete details.) (ap) (Entered: 12/19/2023)
12/13/2023Sentencing Letter by USA as to Steven Joaquin addressed to Hon. J. Paul Oetken from Kevin Mead dated December 13, 2023 re: Sentencing of Defendant Steven Joaquin. (Mead, Kevin) (Entered: 12/13/2023)
12/13/2023FIRST MOTION for Medical Exam Dawn M. Florio. Document filed by Wilson Mendez. (Florio, Dawn) (Entered: 12/13/2023)
12/11/2023MEMO ENDORSEMENT 359 Motion to Continue as to Jowenky Nunez Sr (17)....ENDORSEMENT...Granted. The December 15, 2023 pretrial conference is adjourned to February 29, 2024 at 2:30 pm. The Court hereby excludes time through February 29, 2024, under the Speedy Trial Act, 18 USC 3161(h)(7)(A), finding that the ends of justice outweigh the interests of the public and the defendants in a speedy trial. (Signed by Judge J. Paul Oetken on 12/11/2023) (jw) (Entered: 12/11/2023)
12/11/2023ORAL ORDER as to (22-Cr-293-22) Yorkis Chevalier. Brief due by 12/29/2023. Responses to Brief due by 1/3/2024. Sentencing set for 1/4/2024 at 11:00 AM before Judge J. Paul Oetken. (bw) (Entered: 12/11/2023)
12/11/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Final Hearing re Revocation of Supervised Release as to (22-Cr-293-22) Yorkis Chevalier held on 12/11/2023. Sentencing on Violation of Supervised Release held: Defendant enters a plea of guilty to specification 7. Sentencing set for 1/4/2024 at 11:00 am. Defendant's submission is due by 12/29/2023, and the government submission is due by 1/3/2024. Detention is continued. (See transcript for complete details.) (bw) (Entered: 12/11/2023)
12/8/2023SENTENCING SUBMISSION by Steven Joaquin as to Jowenky Nunez, Jr, Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier, Jesus Zapata, Brayan Lloret. (Attachments: # 1 Exhibit K Hilda Agramonte Letter, # 2 Exhibit L Whilda Cruz Letter)(Cohen, Tess) (Entered: 12/08/2023)
12/8/2023 MOTION to Continue the December 15, 2023 status conference. Document filed by Jowenky Nunez, Sr. (Shroff, Sabrina) (Entered: 12/08/2023)
12/7/2023SENTENCING SUBMISSION by Steven Joaquin. (Attachments: # 1 Exhibit A Mitigation Report, # 2 Exhibit B Aizha Noguera Letter, # 3 Exhibit C Emily Lloret Letter, # 4 Exhibit D Dennys Cappellan Letter, # 5 Exhibit E Gissel Lloret Letter, # 6 Exhibit F Karina Jimenez Letter, # 7 Exhibit G Counselor Blanks Letter, # 8 Exhibit H Counselor Pakatar Letter, # 9 Exhibit I Exodus ATI Admission, # 10 Exhibit J Exodus ATI Program Description)(Cohen, Tess) (Entered: 12/07/2023)
12/6/2023NOTICE as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier, Jesus Zapata, Brayan Lloret: The next pretrial conference scheduled for December 15, 2023 at 10:00 AM will take place in Courtroom 23B of The Daniel Patrick Moynihan United States Courthouse located at 500 Pearl Street, New York New York, 10007. (bh) (Entered: 12/06/2023)
12/5/2023MEMO ENDORSEMENT as to Steven Joaquin (15) granting 355 LETTER MOTION addressed to Judge J. Paul Oetken from Tess Cohen dated 12/4/23 re: extension on time to file sentencing memorandum. ENDORSEMENT: Granted. So ordered. (Signed by Judge J. Paul Oetken on 12/4/2023) (lnl) (Entered: 12/05/2023)
12/4/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Tess Cohen dated 12/4/23 re: extension on time to file sentencing memorandum . Document filed by Steven Joaquin. (Cohen, Tess) (Entered: 12/04/2023)
12/1/2023 LETTER MOTION addressed to Judge J. Paul Oetken from sabrina p. shroff dated December 1, 2023 re: 344 Letter, re: Docket Entry 344 . Document filed by Jowenky Nunez, Sr. (Shroff, Sabrina) (Entered: 12/01/2023)
11/30/2023MEMO ENDORSEMENT granting 352 LETTER MOTION filed by Johann Zapata (13), addressed to Judge J. Paul Oetken from Attorney Donald Yannella dated 11/29/2023 re: amend conditions of release.... I respectfully request that the condition of Home Detention be changed to a curfew. United States Pretrial Services Officer Francesca Piperato informs me that she has no objection to this application, upon condition that the hours be set by Pretrial Services. ENDORSEMENT: Granted. The bail condition of home confinement is hereby terminated and replaced with the condition of a curfew as directed by pretrial services. So ordered. (Signed by Judge J. Paul Oetken on 11/30/2023) (bw) (Entered: 11/30/2023)
11/29/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Donald Yannella dated 11/29/2023 re: amend conditions of release . Document filed by Johann Zapata. (Yannella, Donald) (Entered: 11/29/2023)
11/21/2023FILED JUDGMENT IN A CRIMINAL CASE as to Victor Colon (7), Count(s) 1, 41s, Dismissed; Pleaded guilty to Count(s) 40s, Imprisonment for a total term of 12 Months Plus 1 Day. Supervised release for a term of 3 Years. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be housed in a facility near the NY Metropolitan area. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2pm on 1/15/2024. Special Assessment of $100 which is due immediately. (Signed by Judge J. Paul Oetken on 11/21/23)(jw) (Entered: 11/21/2023)
11/21/2023DISMISSAL OF COUNTS on Government Motion as to Victor Colon (7) Count 1,41s. (jw) (Entered: 11/21/2023)
11/20/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Preliminary Revocation Hearing re: Supervised Release as to Yorkis Chevalier held on 11/20/2023. Defendant present with attorney Richard Rosenberg and Clara Kalhous; AUSA Richard Rosenberg present; Court Reporter present. VOSR held: Hearing on the VOSR set for December 11, 2023 at 10:30am. Defendant detained. (Status Conference set for 12/11/2023 at 10:30 AM before Judge J. Paul Oetken) (ap) (Entered: 11/21/2023)
11/20/2023Minute Entry for proceedings held before Judge J. Paul Oetken:Sentencing held on 11/20/2023 for Victor Colon (7) Count 40s. Defendant present with attorney Christopher Booth; AUSA Sarah Kushner present; Court Reporter present. Defendant is sentenced to 12 months and 1 day on count 40 with 3 years of supervised release. Defendant is to pay a special assessment of $100. Defendant is to surrender on January 15, 2024. (See transcript for complete details) (jw) (Entered: 11/20/2023)
11/16/2023SENTENCING SUBMISSION by USA as to Victor Colon. (Kushner, Sarah) (Entered: 11/16/2023)
11/7/2023SENTENCING SUBMISSION by Victor Colon. (Attachments: # 1 Exhibit Letters of Support Redacted, # 2 Exhibit Mitigation Report Redacted)(Booth, Christopher) (Entered: 11/07/2023)
10/30/2023 LETTER by USA as to Jowenky Nunez, Jr addressed to Judge J. Paul Oetken from Kevin Mead dated October 30, 2023 re: Decision by the Department of Justice NOT to Seek the Death Penalty Document filed by USA. (Mead, Kevin) (Entered: 10/30/2023)
10/25/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jesus Zapata. Notice is hereby given that an official transcript of a Conference proceeding held on 9/20/23 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: 10/25/2023)
10/25/2023TRANSCRIPT of Proceedings as to Jesus Zapata re: Conference held on 9/20/23 before Judge J. Paul Oetken. 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 11/15/2023. Redacted Transcript Deadline set for 11/27/2023. Release of Transcript Restriction set for 1/23/2024. (Moya, Goretti) (Entered: 10/25/2023)
10/25/2023 LETTER addressed to Judge J. Paul Oetken from Jowensky Nunez, Sr dated 10/10/23 re: I would like to request that you please assign to me a new attorney. I do not have acceptable communication with the attorney Sabrina Shroff Esq. The communication has broken down to the point where we cannot continue this case together. I also do not trust that she has my best interests at heart (jw) (Entered: 10/25/2023)
10/13/2023MEMO ENDORSEMENT granting 342 LETTER MOTION filed by Johann Zapata (13), addressed to Judge J. Paul Oetken from Attorney Donald Yannella dated 10/13/2023 re: temporary amendment of home detention.... I respectfully request that his travel restrictions be temporarily amended to permit Mr. Zapata to leave home at 4:30 PM on October 14, 2023, to attend a funeral for a relative, Anthony Rodriguez. ENDORSEMENT: Granted. So ordered. (Signed by Judge J. Paul Oetken on 10/13/2023) (bw) (Entered: 10/13/2023)
10/13/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Donald Yannella dated 10/13/2023 re: temporary amendment of home detention . Document filed by Johann Zapata. (Yannella, Donald) (Entered: 10/13/2023)
9/29/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jowenky Nunez, Jr. Notice is hereby given that an official transcript of a Conference proceeding held on 9/15/2023 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: 09/29/2023)
9/29/2023TRANSCRIPT of Proceedings as to Jowenky Nunez, Jr re: Conference held on 9/15/2023 before Judge J. Paul Oetken. Court Reporter/Transcriber: George Malinowski, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/20/2023. Redacted Transcript Deadline set for 10/30/2023. Release of Transcript Restriction set for 12/28/2023. (McGuirk, Kelly) (Entered: 09/29/2023)
9/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jesus Gonzalez. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/18/23 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 09/27/2023)
9/27/2023TRANSCRIPT of Proceedings as to Jesus Gonzalez re: Sentence held on 9/18/23 before Judge J. Paul Oetken. 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 10/18/2023. Redacted Transcript Deadline set for 10/30/2023. Release of Transcript Restriction set for 12/26/2023. (Moya, Goretti) (Entered: 09/27/2023)
9/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Steven Joaquin. Notice is hereby given that an official transcript of a Plea proceeding held on 9/18/23 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 09/27/2023)
9/27/2023TRANSCRIPT of Proceedings as to Steven Joaquin re: Plea held on 9/18/23 before Judge J. Paul Oetken. 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 10/18/2023. Redacted Transcript Deadline set for 10/30/2023. Release of Transcript Restriction set for 12/26/2023. (Moya, Goretti) (Entered: 09/27/2023)
9/20/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Detention Hearing as to Jesus Zapata held on 9/20/2023. Defendant present with attorney Andrew Bernstein; AUSA Ashley Nicolas present; pretrial officer present; Court Reporter present. Detention continued (See Transcript). (lnl) (Entered: 09/20/2023)
9/20/2023JUDGMENT In A Criminal Case (S4 22-Cr-293-18). Date of Imposition of Judgment: 9/18/2023. Defendant Jesus Gonzalez (18) pleaded guilty to Count(s) 1. Count(s) all open are dismissed on the motion of the United States. IMPRISONMENT: 84 months. - The court makes the following recommendations to the Bureau of Prisons: 1. The Court recommends defendant be placed in the Residential Drug Abuse Program (RDAP). 2. The Court recommends that the defendant be housed near the New York City area. - The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 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 J. Paul Oetken on 9/18/2023)(bw) (Entered: 09/20/2023)
9/18/2023Order of Referral to Probation for Presentence Investigation and Report as to Steven Joaquin. (Signed by Judge J. Paul Oetken on 9/18/23)(jbo) (Entered: 09/18/2023)
9/18/2023Change of Not Guilty Plea to Guilty Plea as to Steven Joaquin (15) Count 1ss. (jbo) (Entered: 09/18/2023)
9/18/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Change of Plea Hearing as to Steven Joaquin held on 9/18/2023. Plea entered by Steven Joaquin (15) Guilty as to Count 1ss. Defendant present with attorney Zachary Margulis-Ohnuma; AUSA Kevin Meade present; Court Reporter present. Change of Plea Hearing held. Defendant sworn and the Court accepts the defendant's change of plea to Guilty as to count 1. The sentencing date is set for December 18, 2023 at 12:00 pm. The defendant's sentencing submission is due by December 4, 2023 and the Government's submission is due December 11, 2023. The PSR was ordered and detention is continued. (See transcript) (Sentencing set for 12/18/2023 at 12:00 PM before Judge J. Paul Oetken.) (jbo) (Entered: 09/18/2023)
9/18/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Sentencing held on 9/18/2023 for Jesus Gonzalez (18) Count 1. Defendant present with attorney Meredith Heller; AUSA Ashley Nicholas and Kevin Meade present; Court Reporter present. Sentencing held: Defendant is sentenced to 84 months on count 1 with 3 year of supervised release. Defendant is to pay a special assessment of $100. (See transcript for complete details.) (jbo) (Entered: 09/18/2023)
9/18/2023NOTICE as to Jesus Zapata: A Bail Hearing before Judge Oetken is scheduled for September 20, 2023 at 3:00 pm. (bh) (Entered: 09/18/2023)
9/15/2023334Minute Entry for proceedings held before Judge J. Paul Oetken: Pretrial Conference as to Jerrin Pena, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Zapata, Brayan Lloret held on 9/15/2023. Defendant Jowenky Nunez present with attorney Jean Barret; Defendant Jerrin Pena present with attorney Gary Kaufman; Defendant Justin Deaza present with attorney Valerie Gotlib; Defendant Wilson Mendez present with attorney Dawn Florio; Defendant Brian Hernandez present with attorney Michael Hueston; Defendant Hugo Rodriguez present with attorney Bennett Epstein; Defendant Mayovanex Rodriguez present with attorney Andrew G. Patel; Defendant Johann Zapata present with attorney Donald J. Yannella; Defendant Elvis Trejo present withattorney Kenneth Montgomery; Defendant Steven Joaquin present with attorney Zachary Margolis-Ohnuma; Defendant Iyaury Rodriguez-Rosario present with attorney Elizabeth Macedonio; Defendant Jowenky Nunez, Sr. present with attorney Sabrina Shroff and Luca Mazorati; Defendant Jesus Zapata present with attorney Andrew Berstein; Defendant Brayan Lloret present with attorney Jill Shellow; AUSA Ashley Nicolas and Kevin Meade present; Spanish Interpreter for defendant Jowenky Nunez, Sr. present; Court Reporter present. Trial set for April 7, 2025 at 10am. The next status conference is scheduled for 12/15/2023 at 10:00am. Time is excluded to 12/15/2023. Bail continued as to defendant Johann Zapata, detention continued as to all other defendants. (See transcript for complete details.) (Jury Trial set for 4/7/2025 at 10:00 AM before Judge J. Paul Oetken. Status Conference set for 12/15/2023 at 10:00 AM before Judge J. Paul Oetken.) (lnl) Modified on 12/5/2023 to reflect the correct time of the next pretrial conference (bh). (Entered: 09/18/2023)
9/15/2023RULE 5(F) ORDER as to Brayan Lloret. (Signed by Magistrate Judge Sarah L Cave on 9/15/2023) (ap) (Entered: 09/15/2023)
9/15/2023Notice as to Steven Joaquin: A change of plea hearing is scheduled for September 18, 2023 at 3:00pm in courtroom 706 of 40 Foley Square. (bh) (Entered: 09/15/2023)
9/15/2023Notice as to Victor Colon: Sentencing is adjourned to November 20, 2023 at 3:00pm. Defendant's sentencing submission is due by November 6, 2023, and the government's by November 16, 2023. (bh) (Entered: 09/15/2023)
9/15/2023NOTICE OF ATTORNEY APPEARANCE: Jill R. Shellow appearing for Brayan Lloret. Appearance Type: CJA Appointment. (Shellow, Jill) (Entered: 09/15/2023)
9/14/2023Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Defendant appears with counsel Ms Shellow; AUSAs Nicolas and Mead are also present. Arraignment as to Brayan Lloret (24) Count 1s,31s,32s,44s,45s Brayan Lloret (24) Count 1s,31s,32s,44s,45s held on 9/14/2023., Plea entered by Brayan Lloret (24) Count 1s,31s,32s,44s,45s Brayan Lloret (24) Count 1s,31s,32s,44s,45s Not Guilty., As to Brayan Lloret( Status Conference set for 9/15/2023 at 10:30 AM before Judge J. Paul Oetken.) (jm) (Entered: 09/15/2023)
9/14/2023Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Initial Appearance as to Brayan Lloret held on 9/14/2023. Defendant appears with counsel Jill R. Shellow; AUSAs Nicolas and Mead are also present. Defendant is detained on consent without prejudice. (jm) (Entered: 09/15/2023)
9/14/2023Attorney update in case as to Brayan Lloret. Attorney Jill R. Shellow for Brayan Lloret added. (jm) (Entered: 09/15/2023)
9/14/2023331CJA 23 Financial Affidavit by Brayan Lloret appointing cja attorney Jill R. Shellow. (Signed by Magistrate Judge Sarah L Cave) (jm) (Entered: 09/15/2023)
9/14/2023Arrest of Brayan Lloret. (jm) (Entered: 09/15/2023)
9/14/2023FIRST LETTER MOTION addressed to Judge J. Paul Oetken from Andrew Bernstein on behalf of Jesus Zapata dated 2023-09-14 re: Request for Bail Hearing . Document filed by Jesus Zapata. (Bernstein, Andrew) (Entered: 09/14/2023)
9/14/2023THIRD MOTION to Continue Sentence. Document filed by Victor Colon. (Booth, Christopher) (Entered: 09/14/2023)
9/13/2023Docket Annotation as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier, Jesus Zapata, Brayan Lloret: The September 15, 2023 pretrial conference will be held in Courtroom 26B of the Daniel Patrick Moynihan United States Courthouse located at 500 Pearl Street, New York, New York 10007. (bh) (Entered: 09/13/2023)
9/13/2023 LETTER by USA as to Jowenky Nunez, Jr, Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier, Jesus Zapata, Brayan Lloret addressed to Judge J. Paul Oetken from Kevin Mead dated September 13, 2023 re: The S6 Superseding and S7 Superseding Indictment Document filed by USA. (Mead, Kevin) (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Jesus Zapata (23) count(s) 1s, 26s, 31s, 32s, 44s, 45s. (jm)(Please reference document number 326) (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Brayan Lloret (24) count(s) 1s, 31s, 32s, 44s, 45s. (jm)(Please reference document number 326) (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Argenis Tavarez (9) count(s) 1sss, 8sss, 9sss, 10sss, 11sss, 44sss, 45sss. (jm)(Please reference document number 326) Modified on 9/14/2023 (jm). (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Jowenky Nunez, Sr (17) count(s) 1ss, 12ss, 13ss, 29ss, 30ss, 44ss, 45ss. (jm)Please reference document number 326) (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Iyaury Rodriguez-Rosario (16) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 18ss, 19ss, 20ss, 21ss, 44ss, 45ss, 46ss. (jm)(Please reference document number 326) (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Steven Joaquin (15) count(s) 1ss, 44ss, 45ss. (jm)(Please reference document number 326) (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Elvis Trejo (14) count(s) 1ss, 33ss, 34ss, 41ss, 42ss, 43ss, 44ss, 45ss. (jm)(Please reference document number 326) (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Johann Zapata (13) count(s) 1ss, 44ss, 45ss. (jm)(Please reference document number 326) (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Mayovanex Rodriguez (12) count(s) 1ss, 6ss, 7ss, 44ss, 45ss. (jm)(Please reference document number 326) (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Hugo Rodriguez (11) count(s) 1ss, 27ss, 28ss, 41ss, 44ss, 45ss. (jm)(Please reference document number 326) (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Brian Hernandez (6) count(s) 1sss, 2sss, 3sss, 4sss, 5sss, 8sss, 9sss, 10sss, 11sss, 16sss, 17sss, 44sss, 45sss. (jm)(Please reference document number 326) Modified on 9/14/2023 (jm). (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Wilson Mendez (5) count(s) 1sss, 14sss, 15sss, 36ss, 40sss, 44sss, 45sss. (jm)(Please reference document number 326) Modified on 9/14/2023 (jm). (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Justin Deaza (4) count(s) 1sss, 14sss, 15sss, 24sss, 25sss, 37sss-40sss, 44sss, 45sss. (jm)(Please reference document number 326) Modified on 9/14/2023 (jm). (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Jerrin Pena (2) count(s) 1sss, 10sss, 11sss, 35sss, 42sss, 43sss, 44sss, 45sss, 46sss. (jm)(Please reference document number 326) Modified on 9/14/2023 (jm). (Entered: 09/13/2023)
9/12/2023(S7) SUPERSEDING INDICTMENT FILED as to Jowenky Nunez, Jr (1) count(s) 1sss, 2sss, 3sss, 4sss, 5sss, 18sss, 19sss, 20sss, 21sss, 22sss, 23sss, 24sss, 25sss, 33sss, 34sss, 35sss, 42sss, 43sss, 44sss, 45sss, 46sss. (jm) Modified on 9/14/2023 (jm). (Entered: 09/13/2023)
9/8/2023Brady ORDER as to Jesus Zapata.. (Signed by Magistrate Judge Valerie Figueredo on 9/8/23)(jm) (Entered: 09/11/2023)
9/8/2023Minute Entry for proceedings held before Magistrate Judge Valerie Figueredo: Defendant appears with counsel Mr. Bernstein; AUSA Kushner is also present. Arraignment as to Jesus Zapata (23) Count 1,26,31,32,44,45 Jesus Zapata (23) Count 1,26,31,32,44,45 held on 9/8/2023., Plea entered by Jesus Zapata (23) Count 1,26,31,32,44,45 Jesus Zapata (23) Count 1,26,31,32,44,45 Not Guilty. Conference before USDJ on 9/15/23. Speedy Trial Time excluded until9/15/23. (jm) (Entered: 09/11/2023)
9/8/2023Minute Entry for proceedings held before Magistrate Judge Valerie Figueredo:Initial Appearance as to Jesus Zapata held on 9/8/2023. Defendant appears with counsel Andrew Bernstein; AUSA Sarah Kushner is also present. Defendant is detained on consent without prejudice. (jm) (Entered: 09/11/2023)
9/8/2023Arrest of Jesus Zapata. (jm) (Entered: 09/11/2023)
9/8/2023Attorney update in case as to Jesus Zapata. Attorney Andrew M. J. Bernstein for Jesus Zapata added.. (jm) (Entered: 09/11/2023)
9/8/2023323CJA 23 Financial Affidavit by Jesus Zapata appointing cja attorney Andrew Bernstein. (Signed by Magistrate Judge Valerie Figueredo) (jm) (Entered: 09/11/2023)
9/8/2023S(6) INDICTMENT FILED as to Brayan Lloret (24) count(s) 1, 31, 32, 44, 45. (jm)(Please reference document number 320) (Entered: 09/11/2023)
9/8/2023s(6) INDICTMENT FILED as to Jesus Zapata (23) count(s) 1, 26, 31, 32, 44, 45. (jm) (PLEASE REFERENCE DOCUMENT NUMBER 320) (Entered: 09/11/2023)
9/8/2023(S6) SUPERSEDING INDICTMENT FILED as to Argenis Tavarez (9) count(s) 1ss, 8ss, 9ss, 10ss, 11ss, 44ss, 45ss. (jm)(Please reference document number 320) Modified on 9/14/2023 (jm). (Entered: 09/11/2023)
9/8/2023(S6) SUPERSEDING INDICTMENT FILED as to Jowenky Nunez, Sr (17) count(s) 1s, 12s, 13s, 29s, 30s, 44s, 45s. (jm)(Please reference document number 320) (Entered: 09/11/2023)
9/8/2023(S6) SUPERSEDING INDICTMENT FILED as to Iyaury Rodriguez-Rosario (16) count(s) 1s, 2s, 3s, 4s, 5s, 18s, 19s, 20s, 21s, 44s, 45s, 46s. (jm)(Please reference document number 320) (Entered: 09/11/2023)
9/8/2023(S6) SUPERSEDING INDICTMENT FILED as to Steven Joaquin (15) count(s) 1s, 44s, 45s. (jm)(Please reference document number 320) (Entered: 09/11/2023)
9/8/2023(S6) SUPERSEDING INDICTMENT FILED as to Elvis Trejo (14) count(s) 1s, 33s, 34s, 41s, 42s, 43s, 44s, 45s. (jm) (Please reference document number 320) (Entered: 09/11/2023)
9/8/2023(S6) SUPERSEDING INDICTMENT FILED as to Johann Zapata (13) count(s) 1s, 44s, 45s. (jm)(Please reference document number 320) (Entered: 09/11/2023)
9/8/2023(S6) SUPERSEDING INDICTMENT FILED as to Mayovanex Rodriguez (12) count(s) 1s, 6s, 7s, 44s, 45s. (jm)(Please reference document number 320) (Entered: 09/11/2023)
9/8/2023(S6) SUPERSEDING INDICTMENT FILED as to Hugo Rodriguez (11) count(s) 1s, 27s, 28s, 41s, 44s, 45s. (jm)(Please reference document number 320) (Entered: 09/11/2023)
9/8/2023(S6) SUPERSEDING INDICTMENT FILED as to Brian Hernandez (6) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 8ss, 9ss, 10ss, 11ss, 16ss, 17ss, 44ss, 45ss. (jm)(Please reference document number 320) Modified on 9/14/2023 (jm). (Entered: 09/11/2023)
9/8/2023(S6) SUPERSEDING INDICTMENT FILED as to Wilson Mendez (5) count(s) 1ss, 14ss, 15ss, 36ss, 40ss, 44ss, 45ss. (jm)(Please reference document number 320) Modified on 9/14/2023 (jm). (Entered: 09/11/2023)
9/8/2023(S6) SUPERSEDING INDICTMENT FILED as to Justin Deaza (4) count(s) 1ss, 14ss, 15ss, 24ss, 25ss, 37ss-40ss, 44ss, 45ss. (jm)(Please reference document number 32) Modified on 9/14/2023 (jm). (Entered: 09/11/2023)
9/8/2023(S6) SUPERSEDING INDICTMENT FILED as to Jerrin Pena (2) count(s) 1ss, 10ss, 11ss, 35ss, 42ss, 43ss, 44ss, 45ss, 46ss. (jm)(Please reference document number 320) Modified on 9/14/2023 (jm). (Entered: 09/11/2023)
9/8/2023(S6) SUPERSEDING INDICTMENT FILED as to Jowenky Nunez, Jr (1) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 18ss, 19ss, 20ss, 21ss, 22ss, 23ss, 24ss, 25ss, 33ss, 34ss, 35ss, 42ss, 43ss, 44ss, 45ss, 46ss. (jm) Modified on 9/11/2023 (jm). (Originally filed unders eal on 9/7/23) Modified on 9/14/2023 (jm). (Entered: 09/11/2023)
9/8/2023ORDER as to Jerrin Pena, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Argenis Tavarez, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Zapata, Brayan Lloret unsealing the S(6) superseding indictment. (Signed by Judge J. Paul Oetken on 9/8/23)(jm) (Entered: 09/08/2023)
8/23/2023 OPINION AND ORDER as to Jowenky Nunez, Sr. Defendant Nunez's motion to dismiss the indictment, to sever his trial, and for a bill of particulars is denied. The Clerk of Court is directed to close the motion at ECF No. 260. (Signed by Judge J. Paul Oetken on 8/23/2023) (See ORDER set forth) (ap) (Entered: 08/23/2023)
8/11/2023NOTICE as to Jesus Gonzalez: Sentencing is adjourned to September 18, 2023 at 12:00 pm. (bh) (Entered: 08/11/2023)
8/7/2023SENTENCING SUBMISSION by USA as to Jesus Gonzalez. (Nicolas, Ashley) (Entered: 08/07/2023)
8/4/2023MEMO ENDORSEMENT as to Yorkis Chevalier (22) granting 315 LETTER MOTION addressed to Judge J. Paul Oetken from Richard H. Rosenberg dated August 3, 2023 re: Requesting the Court to Authorize Return of Mr. Chevalier's Passport. ENDORSEMENT: Granted. Pretrial Services is hereby directed to release custody of Mr. Chevalier's passport and return it to him or his designated representative. (Signed by Judge J. Paul Oetken on 8/4/2023) (ap) (Entered: 08/04/2023)
8/3/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Richard H. Rosenberg dated August 3, 2023 re: Requesting the Court to Authorize Return of Mr. Chevalier's Passport . Document filed by Yorkis Chevalier. (Rosenberg, Richard) (Entered: 08/03/2023)
7/25/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Steven Joaquin. Notice is hereby given that an official transcript of a Conference proceeding held on 7/7/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/25/2023)
7/25/2023TRANSCRIPT of Proceedings as to Steven Joaquin re: Conference held on 7/7/2023 before Judge J. Paul Oetken. 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 8/15/2023. Redacted Transcript Deadline set for 8/25/2023. Release of Transcript Restriction set for 10/23/2023. (McGuirk, Kelly) (Entered: 07/25/2023)
7/20/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Steven Joaquin. Notice is hereby given that an official transcript of a Conference proceeding held on 7/7/23 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: 07/20/2023)
7/20/2023TRANSCRIPT of Proceedings as to Steven Joaquin re: Conference held on 7/7/23 before Judge J. Paul Oetken. 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 8/10/2023. Redacted Transcript Deadline set for 8/21/2023. Release of Transcript Restriction set for 10/18/2023. (Moya, Goretti) (Entered: 07/20/2023)
7/19/2023NOTICE as to Victor Colon: Sentencing is adjourned to September 26, 2023 at 11:00 am. Defendant's sentencing submission is due by September 12, 2023 and the government's by September 19, 2023. (bh) (Entered: 07/19/2023)
7/19/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Albert Lantigua. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/14/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/19/2023)
7/19/2023TRANSCRIPT of Proceedings as to Albert Lantigua re: Sentence held on 6/14/2023 before Judge J. Paul Oetken. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/9/2023. Redacted Transcript Deadline set for 8/21/2023. Release of Transcript Restriction set for 10/17/2023. (McGuirk, Kelly) (Entered: 07/19/2023)
7/18/2023SECOND MOTION to Continue Sentence. Document filed by Victor Colon. (Booth, Christopher) (Entered: 07/18/2023)
7/14/2023ORDER as to (22-Cr-293-2) Jerrin Pena. Counsel for Jerrin Pena has requested approval for the use of CJA funds to purchase a laptop for defendant to review discovery materials produced by the Government and therefore needs to have access to an electronic device under the terms ordered below. Defense counsel represents that without this laptop the defendant will be unable to review effectively the massive amount of discovery material that the Government has provided pursuant to Rule 16 of the Federal Rules of Criminal Procedure. The application is granted as follows:...[*** See this Order ***]... 11. IT IS FURTHER ORDERED that no later than the conclusion of the proceedings against the defendant in the district court, whether through dismissal of the charges against the defendant or the sentencing of the defendant, the Institution in which the defendant is lodged shall return the Electronic Device to his counsel, who will promptly provide it to the Administrative Office of the U.S. Courts if it was purchased with CJA funds. SO ORDERED: (Signed by Judge J. Paul Oetken on 7/14/2023)(bw) (Entered: 07/14/2023)
7/7/2023Minute Entry for proceedings held before Judge J. Paul Oetken:Bail Hearing as to Steven Joaquin held on 7/7/2023. Defendant present with attorney Zachary Margulis-Ohnuma; AUSA Sarah L. Kushner & Ashley Nicolas present; Court Reporter present. Bail Denied. (See Transcript for complete details) (jw) (Entered: 07/07/2023)
7/7/2023Attorney update in case as to Brian Hernandez (6). Attorney Gilbert S. Bayonne for Brian Hernandez added. (bw) (Entered: 07/07/2023)
7/7/2023ORDER as to (22-Cr-293-6) Brian Hernandez. Upon the application of defendant, BRIAN HERNANDEZ, through his counsel Michael Hueston, Esq., and upon all proceedings previously herein, it is apparent that defendant BRIAN HERNANDEZ, is financially unable to pay the expense of retaining the services of an Associate Counsel; it is hereby: ORDERED that pursuant to 18 U.S.C. 3006(A), that Gilbert Bayonne, Esq., is appointed in the above-captioned action as Associate Counsel, pursuant to the Southern District of New York's Criminal Justice Act Mentoring Program, to assist in the representation of defendant, BRIAN HERNANDEZ. As such, Gilbert Bayonne, Esq., will be compensated in accordance with the Criminal Justice Act at the rate of $103.00 per hour after providing 15 pro bono hours of service in the case. (Signed by Judge J. Paul Oetken on 7/7/2023)(bw) (Entered: 07/07/2023)
7/6/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Michael Hueston, Esq. dated July 6, 2023 re: appointment of associate counsel pursuant to SDNY Mentoring Program . Document filed by Brian Hernandez. (Attachments: # 1 Text of Proposed Order Proposed Order)(Hueston, Michael) (Entered: 07/06/2023)
7/6/2023LETTER RESPONSE in Opposition by USA as to Steven Joaquin addressed to Judge J. Paul Oetken from USA dated July 6, 2023 re: 303 LETTER MOTION addressed to Judge J. Paul Oetken from Zachary Margulis-Ohnuma dated June 30th, 2023 re: Release of Defendant on Bond .. (Attachments: # 1 Exhibit Video - filed via USAfx, # 2 Exhibit Records from Essex)(Kushner, Sarah) (Entered: 07/06/2023)
7/5/2023NOTICE as to Jesus Gonzalez: The July 11, 2023 sentencing hearing is adjourned to August 14, 2023 at 11:00am. (bh) (Entered: 07/05/2023)
7/5/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Zachary Margulis-Ohnuma dated June 30th, 2023 re: Release of Defendant on Bond . Document filed by Steven Joaquin. (Attachments: # 1 Exhibit Redacted Government Disclosure Letter)(Margulis-Ohnuma, Zachary) (Entered: 07/05/2023)
6/30/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jerrin Pena, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Mayovanex Rodriguez, Elvis Trejo, Steven Joaquin, Jowenky Nunez, Sr. Notice is hereby given that an official transcript of a Conference proceeding held on 6/15/2023 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: 06/30/2023)
6/30/2023TRANSCRIPT of Proceedings as to Jerrin Pena, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Jowenky Nunez, Sr re: Conference held on 6/15/2023 before Judge J. Paul Oetken. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/21/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/28/2023. (McGuirk, Kelly) (Entered: 06/30/2023)
6/30/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Wilson Mendez, Brian Hernandez, Steven Joaquin. Notice is hereby given that an official transcript of a Conference proceeding held on 6/15/2023 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: 06/30/2023)
6/30/2023TRANSCRIPT of Proceedings as to Wilson Mendez, Brian Hernandez, Steven Joaquin re: Conference held on 6/15/2023 before Judge J. Paul Oetken. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/21/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/28/2023. (McGuirk, Kelly) (Entered: 06/30/2023)
6/29/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anthony Castillo. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/30/23 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: 06/29/2023)
6/29/2023TRANSCRIPT of Proceedings as to Anthony Castillo re: Sentence held on 5/30/23 before Judge J. Paul Oetken. 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 7/20/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/27/2023. (Moya, Goretti) (Entered: 06/29/2023)
6/29/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Nijmah Marte. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/31/23 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: 06/29/2023)
6/29/2023TRANSCRIPT of Proceedings as to Nijmah Marte re: Sentence held on 5/31/23 before Judge J. Paul Oetken. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/27/2023. (Moya, Goretti) (Entered: 06/29/2023)
6/27/2023PROTECTIVE ORDER MODIFICATION as to Brian Hernandez, Steven Joaquin. Upon the application of the United States of America, with the consent of the undersigned counsel, and the defendants having requested discovery under Fed. R. Crim. P. 16, the Court hereby finds and orders as follows: 1. On July 26, 2022, the Court entered a Protective Order (the "Protective Order") (Dkt. 77) to govern discovery materials in this matter that was signed by all parties then in the case. On July 29, 2022, the Court amended the Protective Order (Dkt. 80) to explicitly allow disclosure of discovery materials to the Coordinating Discovery Attorney. A copy of the Protective Order as amended is attached here as Exhibit A. 2. Defendants Brian Rodriguez and Steven Joaquin, through their initial counsel, previously signed the Protective Order. 3. On or about June 15, 2023, the Court, at the request of defendants Brian Rodriguez and Steven Joaquin, replaced and appointed new counsel ("New Counsel") for each of them. 4. The New Counsel agree to be bound by the terms of the Protective Order. SO ORDERED: (Signed by Judge J. Paul Oetken on 6/27/2023)(bw) (Entered: 06/27/2023)
6/26/2023 MOTION for Protective Order . Document filed by USA as to Steven Joaquin. (Kushner, Sarah) (Entered: 06/26/2023)
6/20/2023 MOTION Laptop for Mr. Pena to review discovery . Document filed by Jerrin Pena. (Attachments: # 1 Text of Proposed Order To allow purchase of laptop)(Kaufman, Gary) (Entered: 06/20/2023)
6/16/2023NOTICE as to Jesus Gonzalez: Sentencing is adjourned to July 11, 2023 at 12:00pm. (bh) (Entered: 06/16/2023)
6/16/2023Attorney update in case as to Steven Joaquin (15). Attorney Zachary Margulis-Ohnuma for Steven Joaquin added. Attorney Louis Marmorek Freeman terminated. (bw) (Entered: 06/16/2023)
6/16/2023ORDER as to (22-Cr-293-15) Steven Joaquin. The C.J.A. attorney previously appointed in this case, Louis M. Freeman, is hereby relieved as counsel, and C.J.A. attorney Zachary Margulis-Ohnuma is hereby appointed to represent the defendant. SO ORDERED. (Signed by Judge J. Paul Oetken on 6/16/2023)(bw) (Entered: 06/16/2023)
6/16/2023Attorney update in case as to Brian Hernandez (6). Attorney Michael Oliver Hueston for Brian Hernandez added. Attorney Michael Keith Bachrach and Evan Loren Lipton terminated. (bw) (Entered: 06/16/2023)
6/16/2023ORDER as to (22-Cr-293-6) Brian Hernandez. The C.J.A. attorneys previously appointed in this case, Evan L. Lipton and Michael K. Bachrach, are hereby relieved as counsel, and C.J.A. attorney Michael Hueston is hereby appointed to represent the defendant. SO ORDERED. (Signed by Judge J. Paul Oetken on 6/16/2023)(bw) (Entered: 06/16/2023)
6/15/2023JUDGMENT In A Criminal Case (S5 22-Cr-293-21). Date of Imposition of Judgment: 6/14/2023. Defendant Albert Lantigua (21) pleaded guilty to Count(s) 1s. Count(s) all open are dismissed on the motion of the United States. IMPRISONMENT: Time served. SUPERVISED RELEASE: 3 years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision: You will submit your person, residence, place of business, vehicle, and any property or electronic devices under your control to a search, on the basis that the Probation Officer has reasonable suspicion that contraband or evidence of a violation may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be grounds for revocation. You shall warn any other residents that the premises may be subject to searches pursuant to this condition. - You shall participate in an outpatient substance abuse treatment program approved by the Probation Office, which may include testing to determine whether you have reverted to using drugs or alcohol. I authorize the release of available drug treatment evaluations and reports, including the presentence report, to the substance abuse treatment provider. - You will participate in an outpatient mental health treatment program approved by the Probation Office. - You shall report to the nearest Probation Office within 72 hours of release. - You shall be supervised by the District of your residence. - You shall not associate or interact, including through social media, with any gang members, including OED or other Trinitarios gang members. ASSESSMENT: $100.00, due immediately. (Signed by Judge J. Paul Oetken on 6/14/2023)(bw) (Entered: 06/16/2023)
6/15/2023DISMISSAL OF COUNTS on Government Motion as to Albert Lantigua (21) Count 1. (bw) (Entered: 06/16/2023)
6/15/2023Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger:Change of Counsel disposition sheet as to Steven Joaquin held on 6/15/2023. Defense counsel Zachary Margulis-Ohnuma. AUSA Margaret Lynaugh. CJA Counsel appointed (change of counsel). (jw) (Entered: 06/16/2023)
6/15/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Pretrial Conference as to Jerrin Pena, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr held on 6/15/2023. Defendant Jowenky Nunez present with attorney Jeffrey Pittell & Jean Barret; Defendant Jerrin Pena present with attorney Gary Kaufman; Defendant Justin Deaza present with attorney Valerie Gotlib; Defendant Wilson Mendez present with attorney Dawn Florio; Defendant Brian Hernandez present with attorney Evan Lipton & Michael Bachrach; Defendant Hugo Rodriguez present with attorney Sarah M. Sacks; Defendant Mayovanex Rodriguez present with attorney Andrew G. Patel & Avi Moskowitz; Defendant Johann Zapata present with attorney Donald J. Yannella; Defendant Elvis Trejo present with attorney Kenneth Montgomery; Defendant Steven Joaquin present with attorney Louis Freeman; Defendant Iyaury Rodriguez-Rosario present with attorney Elizabeth Macedonio by Michael Bachrach; Defendant Jowenky Nunez, Sr. present with attorney Luca Mazorati; AUSA Ashley Nicolas present; Spanish Interpreter for defendant Jowenky Nunez, Sr. present; Court Reporter present. Pretrial conference held: The next status conference is scheduled for 9/15/2023 at 10:30am. Time is excluded to 9/15/2023. Bail continued as to defendant Johann Zapata, detention continued as to all other defendants. Defendant Steven Joaquin's request for new counsel is granted. Defendant Brian Hernandez's request for new counsel is granted. (See transcript for complete details.) (Status Conference set for 9/15/2023 at 10:30 AM before Judge J. Paul Oetken) (ap) (Entered: 06/15/2023)
6/15/2023NOTICE as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier: The June 15, 2023 pretrial conference will be held in Courtroom 318 of 40 Foley Square. (bh) (Entered: 06/15/2023)
6/14/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Sentencing held on 6/14/2023 for Albert Lantigua (21) Count 1s. Defendant present with attorney Matthew Kluger; AUSA Ashley Nicolas present; Court Reporter present. Sentencing held: Defendant is sentenced to Time Served with 3 year of supervised release. Defendant is to pay a special assessment of $100. (See transcript for complete details.) (ap) Modified on 6/21/2023 (ap). (Entered: 06/16/2023)
6/14/2023 LETTER by USA as to Jowenky Nunez, Jr, Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier addressed to Judge J. Paul Oetken from USA dated June 14, 2023 re: Discovery Update Document filed by USA. (Nicolas, Ashley) (Entered: 06/14/2023)
6/14/2023 LETTER MOTION addressed to Judge J. Paul Oetken from USA dated June 14, 2023 re: Sentencing Adjournment . Document filed by USA as to Jesus Gonzalez. (Nicolas, Ashley) (Entered: 06/14/2023)
6/9/2023MEMO ENDORSEMENT as to Johann Zapata (13) granting 283 LETTER MOTION addressed to Judge J. Paul Oetken from Donald Yannella dated 6/8/2023 re: temporary amendment of home detention. ENDORSEMENT: Granted. (Signed by Judge J. Paul Oetken on 6/9/2023) (ap) (Entered: 06/09/2023)
6/8/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Donald Yannella dated 6/8/2023 re: temporary amendment of home detention . Document filed by Johann Zapata. (Yannella, Donald) (Entered: 06/08/2023)
6/6/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yorkis Chevalier. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/3/23 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.... (McGuirk, Kelly) (Entered: 06/06/2023)
6/6/2023TRANSCRIPT of Proceedings as to Yorkis Chevalier re: Sentence held on 5/3/23 before Judge J. Paul Oetken. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/27/2023. Redacted Transcript Deadline set for 7/7/2023. Release of Transcript Restriction set for 9/5/2023. (McGuirk, Kelly) (Entered: 06/06/2023)
6/2/2023Sentencing Letter by USA as to Albert Lantigua addressed to Hon. J. Paul Oetken from Kevin Mead dated June 2, 2023 re: Sentencing of Defendant Albert Lantigua. (Mead, Kevin) (Entered: 06/02/2023)
6/1/2023SENTENCING SUBMISSION by Albert Lantigua. (Kluger, Matthew) (Entered: 06/01/2023)
6/1/2023JUDGMENT IN A CRIMINAL CASE as to Nijmah Marte (10). THE DEFENDANT: pleaded guilty to count Forty (40). All open Counts are dismissed on the motion of the United States. IMPRISONMENT: Time served, with 6 months' home confinement as a special condition of supervised release. SUPERVISED RELEASE: 3 years. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $100.00 due immediately. (Signed by Judge J. Paul Oetken on 5/31/2023) (ap) (Entered: 06/01/2023)
6/1/2023DISMISSAL OF COUNTS on Government Motion as to Nijmah Marte (10) Count 1,2,41s. (ap) (Entered: 06/01/2023)
5/31/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Sentencing held on 5/31/2023 for Nijmah Marte (10) Count 40s. Defendant present with attorney James Neuman; AUSA Sarah Kushner present; Court Reporter present. Defendant is sentenced to Time Served with 6 months home confinement on count 40 with 3 year of supervised release. Defendant is to pay a special assessment of $100. (See transcript for complete details.) (lnl) (Entered: 05/31/2023)
5/31/2023JUDGMENT IN A CRIMINAL CASE as to Anthony Castillo (20). THE DEFENDANT: pleaded guilty to count One (1). All open Counts are dismissed on the motion of the United States. IMPRISONMENT: 36 months. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 years. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $100.00 due immediately. (Signed by Judge J. Paul Oetken on 5/31/2023) (ap) (Entered: 05/31/2023)
5/30/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Sentencing held on 5/30/2023 for Anthony Castillo (20) Count 1. Defendant present with attorney Thomas Ambrosio; AUSA Kevin Meade present; Court Reporter present. Defendant is sentenced to 36 months on count 1 with 3 years of supervised release. Defendant is to pay a special assessment of $100. (See transcript for complete details.) (lnl) (Entered: 05/30/2023)
5/30/2023NOTICE as to Albert Lantigua: Sentencing is adjourned to June 14, 2023 at 3:30 pm. Defendant's sentencing submission is due by May 31, 2023, and the government's is due by June 7, 2023. (bh) (Entered: 05/30/2023)
5/30/2023SENTENCING SUBMISSION by Anthony Castillo. (Attachments: # 1 Exhibit Support Letter)(Ambrosio, Thomas) (Entered: 05/30/2023)
5/29/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Matthew Kluger dated May 29, 2023 re: request to adjourn sentencing on consent. Document filed by Albert Lantigua. (Kluger, Matthew) (Entered: 05/29/2023)
5/24/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Daniel Vegas. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/21/23 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: 05/24/2023)
5/24/2023TRANSCRIPT of Proceedings as to Daniel Vegas re: Sentence held on 4/21/23 before Judge J. Paul Oetken. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/14/2023. Redacted Transcript Deadline set for 6/26/2023. Release of Transcript Restriction set for 8/22/2023. (Moya, Goretti) (Entered: 05/24/2023)
5/19/2023 REPLY MEMORANDUM OF LAW in Support as to Jowenky Nunez, Sr re: 260 MOTION to Dismiss Notice of Defendant Jowenky Nunez, Sr.'s Pretrial Motion to Dismiss the Superseding Indictment, Sever Mr. Nunez's Trial, and Order A Bill of Particulars. . (Byrne, Mari) (Entered: 05/19/2023)
5/19/2023Sentencing Letter by USA as to Nijmah Marte addressed to Hon. J. Paul Oetken from Kevin Mead dated May 19, 2023 re: Sentencing of Defendant Nijmah Marte. (Mead, Kevin) (Entered: 05/19/2023)
5/17/2023SENTENCING SUBMISSION by Nijmah Marte. (Attachments: # 1 Exhibit Letters from friends and family, # 2 Exhibit Materials from Exodus Transitional Community)(Neuman, James) (Entered: 05/17/2023)
5/17/2023Sentencing Letter by USA as to Anthony Castillo addressed to Hon. J. Paul Oetken from Kevin Mead dated May 17, 2023 re: Sentencing of Defendant Anthony Castillo. (Mead, Kevin) (Entered: 05/17/2023)
5/15/2023SENTENCING SUBMISSION by Anthony Castillo. (Attachments: # 1 Exhibit Support Letters)(Ambrosio, Thomas) (Entered: 05/15/2023)
5/12/2023MEMORANDUM in Opposition by USA as to Jowenky Nunez, Sr re 260 MOTION to Dismiss Notice of Defendant Jowenky Nunez, Sr.'s Pretrial Motion to Dismiss the Superseding Indictment, Sever Mr. Nunez's Trial, and Order A Bill of Particulars.. (Kushner, Sarah) (Entered: 05/12/2023)
5/10/2023LETTER by (22-Cr-293-15) Steven Joaquin addressed to Judge J. Paul Oetken, not dated re: Im contacting you today to let you know that I would like to request a new attorney... (bw) (Entered: 05/10/2023)
5/9/2023MEMO ENDORSEMENT granting 264 LETTER MOTION filed by Justin Deaza (4), addressed to Judge J. Paul Oetken from Attorney Valerie A. Gotlib dated May 8, 2023 re: Authorization to Submit Interim Vouchers. ENDORSEMENT: Granted. So ordered. (Signed by Judge J. Paul Oetken on 5/8/2023) (bw) (Entered: 05/09/2023)
5/8/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Valerie A. Gotlib dated May 8, 2023 re: Authorization to Submit Interim Vouchers . Document filed by Justin Deaza. (Gotlib, Valerie) (Entered: 05/08/2023)
5/4/2023JUDGMENT IN A CRIMINAL CASE as to Yorkis Chevalier (22). The defendant pleaded guilty to count one (1). All open counts are dismissed on the motion of the United States. IMPRISONMENT: Time served. SUPERVISED RELEASE: 3 years total, with the first 6 months subject to special condition of home confinement. ASSESSMENT: $100.00 due immediately. (Signed by Judge J. Paul Oetken on 5/3/202) (lnl) (Entered: 05/04/2023)
5/4/2023NOTICE as to Victor Colon: Sentencing is adjourned to August 2, 2023 at 11:00 am. Defendant's sentencing submission is due by July 19, 2023, and the government's is due by July 26, 2023. (bh) (Entered: 05/04/2023)
5/3/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Sentencing held on 5/3/2023 for Yorkis Chevalier (22) Count 1. Defendant present with attorney Richard Rosenberg; AUSA Kevin Mead present; Court Reporter present. Sentencing held: Defendant is sentenced to Time served and 3 years of supervised release with 6 months home confinement. Defendant is to pay a special assessment of $100. (See transcript for complete details.) (bw) (Entered: 05/03/2023)
5/2/2023FIRST MOTION to Continue Sentence. Document filed by Victor Colon. (Booth, Christopher) (Entered: 05/02/2023)
4/28/2023MEMORANDUM in Support by Jowenky Nunez, Sr re 260 MOTION to Dismiss Notice of Defendant Jowenky Nunez, Sr.'s Pretrial Motion to Dismiss the Superseding Indictment, Sever Mr. Nunez's Trial, and Order A Bill of Particulars.. (Byrne, Mari) (Entered: 04/28/2023)
4/28/2023 MOTION to Dismiss Notice of Defendant Jowenky Nunez, Sr.'s Pretrial Motion to Dismiss the Superseding Indictment, Sever Mr. Nunez's Trial, and Order A Bill of Particulars. Document filed by Jowenky Nunez, Sr. (Byrne, Mari) (Entered: 04/28/2023)
4/27/2023NOTICE as to Albert Lantigua: At the request of defense counsel, sentencing is adjourned to June 6, 2023 at 3:00 pm. Defendant's sentencing submission is due by May 23, 2023, and the government's is due by May 30, 2023. (bh) (Entered: 04/27/2023)
4/25/2023Sentencing Letter by USA as to Yorkis Chevalier addressed to Hon. J. Paul Oetken from Kevin Mead dated April 25, 2023 re: Sentencing of Defendant Yorkis Chevalier. (Mead, Kevin) (Entered: 04/25/2023)
4/25/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jowenky Nunez, Jr. Notice is hereby given that an official transcript of a Conference proceeding held on 12/9/2022 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: 04/25/2023)
4/25/2023TRANSCRIPT of Proceedings as to Jowenky Nunez, Jr re: Conference held on 12/9/2022 before Judge J. Paul Oetken. Court Reporter/Transcriber: Sara Beiter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/16/2023. Redacted Transcript Deadline set for 5/26/2023. Release of Transcript Restriction set for 7/24/2023. (McGuirk, Kelly) (Entered: 04/25/2023)
4/25/2023JUDGMENT In A Criminal Case (S4 22-Cr-293-19). Date of Imposition of Judgment: 4/21/2023. Defendant Daniel Vegas (19) pleaded guilty to Count(s) 1. Count(s) all open are dismissed on the motion of the United States. IMPRISONMENT: 36 months. - The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be housed at FCI Danbury, FCI Fort Dix or another institution in close proximity to the New York City metropolitan area in order to facilitate familial visits. - The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 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 J. Paul Oetken on 4/21/2023)(bw) (Entered: 04/25/2023)
4/21/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Sentencing held on 4/21/2023 for Daniel Vegas (19) Count 1. Defendant present with attorney Lorraine Gauli-Rufo; AUSA Kevin Mead present; Court Reporter present. Sentencing held: Defendant is sentenced to 36 months on count 1 with 3 years of supervised release. Defendant is to pay a special assessment of $100. (See transcript for complete details.) (bw) (Entered: 04/21/2023)
4/21/2023MEMO ENDORSEMENT as to Johann Zapata (13) granting 249 LETTER MOTION addressed to Judge J. Paul Oetken from Donald Yannella dated 4/18/2023 re: temporary amendment of home detention. ENDORSEMENT: Granted. (Signed by Judge J. Paul Oetken on 4/21/2023) (ap) (Entered: 04/21/2023)
4/19/2023Sentencing Letter by Yorkis Chevalier addressed to Judge J. Paul Oetken from Richard H. Rosenberg dated April 19, 2023 re: Sentencing of Yorkis Chevalier. (Attachments: # 1 Exhibit Exhibits A-D)(Rosenberg, Richard) (Entered: 04/19/2023)
4/18/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jose Gutierrez. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/15/2023 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: 04/18/2023)
4/18/2023TRANSCRIPT of Proceedings as to Jose Gutierrez re: Sentence held on 3/15/2023 before Judge J. Paul Oetken. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/9/2023. Redacted Transcript Deadline set for 5/19/2023. Release of Transcript Restriction set for 7/17/2023. (McGuirk, Kelly) (Entered: 04/18/2023)
4/18/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Donald Yannella dated 4/18/2023 re: temporary amendment of home detention . Document filed by Johann Zapata. (Yannella, Donald) (Entered: 04/18/2023)
4/17/2023MEMO ENDORSEMENT 244 LETTER MOTION addressed to Judge J. Paul Oetken from Luca Marzorati and Sabrina P. Shroff dated April 12, 2023 re: Request for Extension of Time to File a Motion to Dismiss as to Jowenky Nunez Sr...ENDORSEMENT...Granted. SO ORDERED (Signed by Judge J. Paul Oetken on 4/17/23) (jw) (Entered: 04/17/2023)
4/14/2023Sentencing Letter by USA as to Daniel Vegas addressed to Hon. J. Paul Oetken from Kevin Mead dated April 14, 2023 re: Sentencing of Defendant Daniel Vegas. (Mead, Kevin) (Entered: 04/14/2023)
4/12/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Luca Marzorati and Sabrina P. Shroff dated April 12, 2023 re: Request for Extension of Time to File a Motion to Dismiss . Document filed by Jowenky Nunez, Sr. (Marzorati, Luca) (Entered: 04/12/2023)
4/11/2023MEMO ENDORSEMENT as to Yorkis Chevalier (22) granting 241 LETTER MOTION addressed to Judge J. Paul Oetken from Richard H. Rosenberg dated April 10, 2023 re: Requesting Modification of Conditions of Release. ENDORSEMENT: Granted. (Signed by Judge J. Paul Oetken on 4/10/2023) (ap) (Entered: 04/11/2023)
4/10/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Richard H. Rosenberg dated April 10, 2023 re: Requesting Modification of Conditions of Release . Document filed by Yorkis Chevalier. (Rosenberg, Richard) (Entered: 04/10/2023)
4/6/2023SENTENCING SUBMISSION by Daniel Vegas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Gauli-Rufo, Lorraine) (Entered: 04/06/2023)
4/4/2023NOTICE as to Jesus Gonzalez: Sentencing is adjourned to June 23, 2023 at 2:30 pm. Defendant's sentencing submission is due by June 9, 2023 and the government's by June 16, 2023. (bh) (Entered: 04/04/2023)
4/4/2023NOTICE as to Anthony Castillo: Sentencing is adjourned to May 30, 2023 at 2:00 pm. Defendant's sentencing submission is due by May 16, 2023 and the government's by May 23, 2023. (bh) (Entered: 04/04/2023)
4/3/2023CONSENT LETTER MOTION addressed to Judge J. Paul Oetken from Kevin Mead dated April 3, 2023 re: 60-Day Adjournment of April 19 Sentencing Date . Document filed by USA as to Jesus Gonzalez. (Mead, Kevin) (Entered: 04/03/2023)
4/2/2023FIRST LETTER MOTION addressed to Judge J. Paul Oetken from Thomas Ambrosio dated 4/2/2023 re: Sentencing Adjournment . Document filed by Anthony Castillo. (Ambrosio, Thomas) (Entered: 04/02/2023)
3/22/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jerrin Pena, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Jose Gutierrez, Mayovanex Rodriguez, Johann Zapata, Jowenky Nunez, Sr. Notice is hereby given that an official transcript of a Conference proceeding held on 3/15/23 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: 03/22/2023)
3/22/2023TRANSCRIPT of Proceedings as to Jerrin Pena, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Jowenky Nunez, Sr re: Conference held on 3/15/23 before Judge J. Paul Oetken. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/12/2023. Redacted Transcript Deadline set for 4/24/2023. Release of Transcript Restriction set for 6/20/2023. (Moya, Goretti) (Entered: 03/22/2023)
3/17/2023JUDGMENT IN A CRIMINAL CASE as to Jose Gutierrez (8). THE DEFENDANT: pleaded guilty to count Forty (40). All open Counts are dismissed on the motion of the United States. IMPRISONMENT: 48 months. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be housed at a facility close to Connecticut in order to facilitate familial visits. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 5/1/2023. SUPERVISED RELEASE: 3 years. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $100.00 due immediately. (Signed by Judge J. Paul Oetken on 3/16/2023)(ap) (Entered: 03/17/2023)
3/17/2023DISMISSAL OF COUNTS on Government Motion as to Jose Gutierrez (8) Count 1,2,41s. (ap) (Entered: 03/17/2023)
3/15/2023Minute Entry for proceedings held before Judge J. Paul Oetken:Pretrial Conference as to Jerrin Pena, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr held on 3/15/2023. Defendant Jowenky Nunez present with attorney Jeffrey Pittell & Jean Barret; Defendant Jerrin Pena present withattorney Gary Kaufman; Defendant Justin Deaza present with attorney Gary Kaufman for Valerie Gotlib; Defendant Wilson Mendez present with attorney Declan Murray; Defendant Brian Hernandez present with attorney Evan Lipton & Michael Bachrach; Defendant Hugo Rodriguez present with attorney Sarah M. Sacks; Defendant Mayovanex Rodriguez present with attorney Andrew G. Patel & Avi Moskowitz; Defendant Johann Zapata present with attorney Donald J. Yannella; Defendant Elvis Trejo present with attorney Kenneth Montgomery; Defendant Steven Joaquin present with attorney Louis Freeman; Defendant Iyaury Rodriguez- Rosario present with attorney Mark DeMarco & Elizabeth Macedonio; Defendant Jowenky Nunez, Sr. present with attorney Sabrina P. Shroff & Luca Mazorati; AUSA Sarah Kushner and Ashley Nicolas present; Spanish Interpreter for defendant Jowenky Nunez, Sr.; Court Reporter present. The next pretrial conference is scheduled for 6/15/2023 at 11:00am. Defendant Jowenky Nunez Sr.'s motion to dismiss is due by 4/14/2023 with a response from the government due two weeks after the motion is filed. Time is excluded to 6/15/2023. Bail continued as todefendant Johann Zapata, detention continued as to all other defendants. (See transcript for complete details.) ( Pretrial Conference set for 6/15/2023 at 11:00 AM before Judge J. Paul Oetken.) (jw) (Entered: 03/16/2023)
3/15/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Sentencing held on 3/15/2023 for Jose Gutierrez (8) Count 40s. Defendant present with attorney Conor McNamara, AUSA Ashley Nicolas present. Court Reporter present. Sentencing held: Defendant is sentenced to 48 months on count 40 with 3 years of supervised release. Defendant is to pay a special assessment of $100 and is to surrender on May 1, 2023. (See transcript for complete details.) (jbo) (Entered: 03/16/2023)
3/13/2023MEMO ENDORSEMENT as to Justin Deaza (4) granting 225 LETTER MOTION addressed to Judge J. Paul Oetken from Valerie A. Gotlib dated March 10, 2023 re: Leave to allow counsel for a codefendant to appear on my behalf during the March 15, 2023 conference. ENDORSEMENT: Granted. (Signed by Judge J. Paul Oetken on 3/13/2023) (ap) (Entered: 03/13/2023)
3/13/2023NOTICE OF ATTORNEY APPEARANCE: Luca Marzorati appearing for Jowenky Nunez, Sr. Appearance Type: Pro Bono. (Marzorati, Luca) (Entered: 03/13/2023)
3/13/2023NOTICE OF ATTORNEY APPEARANCE: Mari Byrne appearing for Jowenky Nunez, Sr. Appearance Type: Pro Bono. (Byrne, Mari) (Entered: 03/13/2023)
3/10/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Valerie A. Gotlib dated March 10, 2023 re: Leave to allow counsel for a codefendant to appear on my behalf during the March 15, 2023 conference . Document filed by Justin Deaza. (Gotlib, Valerie) (Entered: 03/10/2023)
3/7/2023NOTICE: THE MARCH 15, 2023 PRETRIAL CONFERENCE SCHEDULED FOR 10:30 AM WILL TAKE PLACE IN COURTROOM 318 OF 40 FOLEY SQUARE. (bh) (Entered: 03/07/2023)
3/7/2023Sentencing Letter by Jose Gutierrez addressed to Judge J. Paul Oetken from Conor McNamara dated March 7, 2023 re: Supplemental sentencing exhibit (9). (Attachments: # 1 Exhibit Deft. J. Gutierrez sentencing letter to Court)(McNamara, Conor) (Entered: 03/07/2023)
3/6/2023Sentencing Letter by USA as to Jose Gutierrez addressed to Hon. J. Paul Oetken from Kevin Mead dated March 6, 2023 re: March 15, 2023 Sentencing of Defendant Jose Gutierrez. (Mead, Kevin) (Entered: 03/06/2023)
3/1/2023NOTICE of Change of Address as to Iyaury Rodriguez-Rosario. New Address: Law Office of Mark S. DeMarco, 52 Duane Street, 7th Floor, New York, New York, United States 10007, 718-239-7070. (DeMarco, Mark) (Entered: 03/01/2023)
2/28/2023SENTENCING SUBMISSION by Jose Gutierrez. (Attachments: # 1 Exhibit Flor Reynoso letter, # 2 Exhibit Jose Gutierrez, Sr. letter, # 3 Exhibit Josemary Gutierrez letter, # 4 Exhibit Joseani Belliard letter, # 5 Exhibit Jairo Belliard letter, # 6 Exhibit Nelia Polanco letter, # 7 Exhibit Guillermo Paulino letter, # 8 Exhibit JG - 2022 tax return)(McNamara, Conor) (Entered: 02/28/2023)
2/28/2023Notice as to Daniel Vegas: Sentencing is adjourned to April 21, 2023 at 2:30 pm and will be held in courtroom 706 of 40 Foley Square. Sentencing submissions shall be filed by April 7, 2023 for defendant and April 14, 2023 for the government. (bh) (Entered: 02/28/2023)
2/27/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Lorraine Gauli-Rufo dated 2/27/2023 re: Sentencing Adjournment Request . Document filed by Daniel Vegas. (Gauli-Rufo, Lorraine) (Entered: 02/27/2023)
2/27/2023TRANSCRIPT of Proceedings as to Nijmah Marte re: Plea held on 1/24/23 before Judge J. Paul Oetken. 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 3/20/2023. Redacted Transcript Deadline set for 3/30/2023. Release of Transcript Restriction set for 5/30/2023. (Moya, Goretti) (Entered: 02/27/2023)
2/24/2023***DELETED DOCUMENT. Deleted document number 214 Transcript as to Nunez et al as per an email from Court Reporter sent to Criminal Case Ops Box (jw) (Entered: 02/24/2023)
2/23/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Nijmah Marte. Notice is hereby given that an official transcript of a Plea proceeding held on 1/24/23 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: 02/23/2023)
2/23/2023NOTICE of Change of Address as to Mayovanex Rodriguez. New Address: Moskowitz Colson Ginsberg & Schulman, 80 Broad Street, Ste 1900, New York, New York, United States 10004, 2122576455. (Schulman, Eylan) (Entered: 02/23/2023)
2/15/2023 LETTER by USA as to Jowenky Nunez, Jr, Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier addressed to Judge J. Paul Oetken from Kevin Mead dated February 15, 2023 re: Update on Status of Discovery Document filed by USA. (Mead, Kevin) (Entered: 02/15/2023)
2/15/2023NOTICE of Change of Address as to Mayovanex Rodriguez. New Address: Moskowitz Colson Ginsberg & Schulman, 80 Broad Street, Ste 1900, New York, New York, United States 10004, 2122576455. (Moskowitz, Avraham) (Entered: 02/15/2023)
2/15/2023MEMO ENDORSEMENT 207 LETTER MOTION addressed to Judge J. Paul Oetken from Richard H. Rosenberg dated February 14, 2023 re: Requesting Modification of Terms of Release as to Yorkis Chevalier...ENDORSEMENT...Granted. The bail condition of home confinement is hereby terminated and replaced with the condition of a curfew with electronic monitoring as directed by Pretrial Services (Signed by Judge J. Paul Oetken on 2/15/2023) (jw) (Entered: 02/15/2023)
2/14/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jowenky Nunez, Jr. Notice is hereby given that an official transcript of a Conference proceeding held on 8/4/2022 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: 02/14/2023)
2/14/2023TRANSCRIPT of Proceedings as to Jowenky Nunez, Jr re: Conference held on 8/4/2022 before Judge J. Paul Oetken. 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 3/7/2023. Redacted Transcript Deadline set for 3/17/2023. Release of Transcript Restriction set for 5/15/2023. (McGuirk, Kelly) (Entered: 02/14/2023)
2/14/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Richard H. Rosenberg dated February 14, 2023 re: Requesting Modification of Terms of Release . Document filed by Yorkis Chevalier. (Rosenberg, Richard) (Entered: 02/14/2023)
2/13/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian Hernandez. Notice is hereby given that an official transcript of a Hearing proceeding held on 4/5/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (js) (Entered: 02/13/2023)
2/13/2023TRANSCRIPT of Proceedings as to Brian Hernandez re: Hearing held on 4/5/2022 before Magistrate Judge Jennifer Willis. 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 3/6/2023. Redacted Transcript Deadline set for 3/16/2023. Release of Transcript Restriction set for 5/15/2023. (js) (Entered: 02/13/2023)
2/8/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Victor Colon. Notice is hereby given that an official transcript of a Plea proceeding held on 1/31/23 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: 02/08/2023)
2/8/2023TRANSCRIPT of Proceedings as to Victor Colon re: Plea held on 1/31/23 before Judge J. Paul Oetken. 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 3/1/2023. Redacted Transcript Deadline set for 3/13/2023. Release of Transcript Restriction set for 5/9/2023. (Moya, Goretti) (Entered: 02/08/2023)
2/2/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Yorkis Chevalier. Notice is hereby given that an official transcript of a Conference proceeding held on 1/24/23 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 Yorkis Chevalier re: Plea held on 1/24/23 before Judge J. Paul Oetken. 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 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)
1/31/2023Order of Referral to Probation for Presentence Investigation and Report as to Albert Lantigua. (Signed by Judge J. Paul Oetken on 1/31/23)(jbo) (Entered: 02/02/2023)
1/31/2023Change of Not Guilty Plea to Guilty Plea as to Albert Lantigua (21) Count 1s. (jbo) (Entered: 02/02/2023)
1/31/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Plea entered by Albert Lantigua (21) Guilty as to Count 1s. (jbo) (Entered: 02/02/2023)
1/31/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Change of Plea Hearing as to Albert Lantigua held on 1/31/2023. Filed Information and Waiver of Indictment. Defendant present with attorney Matthew Kluger. AUSA Sarah Kushner present. Court reporter present. Defendant is arraigned ans sworn. The Court accepts defendant's pea of Guilty as to Count 1. The sentencing date is set for May 1, 2023 at 12pm. The defendant's sentencing submission is due by April 17, 2023 and the Government's submission is due April 24, 2023. The PSR was ordered and detention is continued. (See transcript) (Sentencing set for 5/1/2023 at 12:00 PM before Judge J. Paul Oetken.) (jbo) (Entered: 02/02/2023)
1/31/2023WAIVER OF INDICTMENT by Albert Lantigua. (jbo) (Entered: 02/02/2023)
1/31/2023(S5) SUPERSEDING INFORMATION (Felony) filed as to Albert Lantigua (21) count(s) 1s. (jbo) (Entered: 02/02/2023)
1/31/2023Oral Order of Referral to Probation for Presentence Investigation and Report as to Victor Colon. (Signed by Judge J. Paul Oetken on 1/31/3023) (ap) (Entered: 01/31/2023)
1/31/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Plea entered by Victor Colon (7) Guilty as to Count 40s. (ap) (Entered: 01/31/2023)
1/31/2023Minute Entry for proceedings held before Judge J. Paul Oetken:Change of Plea Hearing as to Victor Colon held on 1/31/2023. Defendant present with attorney Christopher Booth; AUSA Kevin Mead present. Change of Plea Hearing held. Defendant sworn and the Court accepts the defendant's change of plea to Guilty as to count 40. The sentencing date is set for June 7, 2023 at 12:30 pm. The defendant's sentencing submission is due by May 24, 2023 and the Government's submission is due May 31, 2023. The PSR was ordered and bail is continued. (See transcript) (Sentencing set for 6/7/2023 at 12:30 PM before Judge J. Paul Oetken) (ap) (Entered: 01/31/2023)
1/27/2023MEMO ENDORSEMENT as to Yorkis Chevalier (22) granting 195 LETTER MOTION addressed to Judge J. Paul Oetken from Richard H. Rosenberg, Esq. dated January 27, 2023 re: Requesting modification of conditions of release. ENDORSEMENT: Granted. (Signed by Judge J. Paul Oetken on 1/27/2023) (ap) (Entered: 01/27/2023)
1/27/2023 LETTER MOTION addressed to Judge J. Paul Oetken from Richard H. Rosenberg, Esq. dated January 27, 2023 re: Requesting modification of conditions of release . Document filed by Yorkis Chevalier. (Rosenberg, Richard) (Entered: 01/27/2023)
1/27/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jesus Gonzalez. Notice is hereby given that an official transcript of a Plea proceeding held on 1/13/23 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: 01/27/2023)
1/27/2023TRANSCRIPT of Proceedings as to Jesus Gonzalez re: Plea held on 1/13/23 before Judge J. Paul Oetken. 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 2/17/2023. Redacted Transcript Deadline set for 2/27/2023. Release of Transcript Restriction set for 4/27/2023. (Moya, Goretti) (Entered: 01/27/2023)
1/24/2023NOTICE as to Albert Lantigua: A CHANGE OF PLEA HEARING IS SCHEDULED FOR JANUARY 31, 2023 AT 3:30PM IN COURTROOM 706 OF 40 FOLEY SQUARE. (bh) (Entered: 01/24/2023)
1/24/2023NOTICE as to Victor Colon: A CHANGE OF PLEA HEARING IS SCHEDULED FOR JANUARY 31, 2023 AT 2:30PM IN COURTROOM 706 OF 40 FOLEY SQUARE. (bh) (Entered: 01/24/2023)
1/24/2023Oral Order of Referral to Probation for Presentence Investigation and Report as to Nijmah Marte. (Signed by Judge J. Paul Oetken on 1/24/2023) (lnl) (Entered: 01/24/2023)
1/24/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Change of Plea Hearing as to Nijmah Marte held on 1/24/2023. Defendant sworn and the Court accepts the defendant's change of plea to Guilty as to count 40. The sentencing date is set for May 31, 2023 at 12:00 pm. The defendant's sentencing submission is due by May 17, 2023 and the Government's submission is due May 24, 2023. The PSR was ordered and bail is continued. (See transcript) (Sentencing set for 5/31/2023 at 12:00 PM before Judge J. Paul Oetken) Plea entered by Nijmah Marte (10) Guilty as to Count 40s. (lnl) (Entered: 01/24/2023)
1/24/2023Oral Order of Referral to Probation for Presentence Investigation and Report as to Yorkis Chevalier. (Signed by Judge J. Paul Oetken on 1/24/2023) (lnl) (Entered: 01/24/2023)
1/24/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Change of Plea Hearing as to Yorkis Chevalier held on 1/24/2023. Defendant sworn and the Court accepts the defendants change of plea to Guilty as to count 1. The sentencing date is set for May 3, 2023 at 11:30 am. The defendant's sentencing submission is due by April 19, 2023 and the Government's submission is due April 26, 2023. The PSR was ordered and bail is continued. (See transcript) (Sentencing set for 5/3/2023 at 11:30 AM before Judge J. Paul Oetken.) Plea entered by Yorkis Chevalier (22) Guilty as to Count 1. (lnl) (Entered: 01/24/2023)
1/24/2023MEMO ENDORSEMENT as to Yorkis Chevalier (22) granting 191 FIRST LETTER MOTION addressed to Judge J. Paul Oetken from Richard Harris Rosenberg, Esq. dated 1/23/2023 re: Request to file interim e-vouchers. ENDORSEMENT: Granted. So ordered. (Signed by Judge J. Paul Oetken on 1/24/2023) (lnl) (Entered: 01/24/2023)
1/23/2023FIRST LETTER MOTION addressed to Judge J. Paul Oetken from Richard Harris Rosenberg, Esq. dated 1/23/2023 re: Request to file interim e-vouchers . Document filed by Yorkis Chevalier. (Rosenberg, Richard) (Entered: 01/23/2023)
1/19/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anthony Castillo. Notice is hereby given that an official transcript of a Plea proceeding held on 1/11/23 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: 01/19/2023)
1/19/2023TRANSCRIPT of Proceedings as to Anthony Castillo re: Plea held on 1/11/23 before Judge J. Paul Oetken. 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 2/9/2023. Redacted Transcript Deadline set for 2/21/2023. Release of Transcript Restriction set for 4/19/2023. (Moya, Goretti) (Entered: 01/19/2023)
1/19/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Johann Zapata. Notice is hereby given that an official transcript of a Conference proceeding held on 12/19/22 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: 01/19/2023)
1/19/2023TRANSCRIPT of Proceedings as to Johann Zapata re: Conference held on 12/19/22 before Judge J. Paul Oetken. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/9/2023. Redacted Transcript Deadline set for 2/21/2023. Release of Transcript Restriction set for 4/19/2023. (Moya, Goretti) (Entered: 01/19/2023)
1/19/2023NOTICE as to Yorkis Chevalier: A CHANGE OF PLEA HEARING IS SCHEDULED FOR JANUARY 24, 2023 AT 2:30PM IN COURTROOM 706 OF 40 FOLEY SQUARE. (bh) (Entered: 01/19/2023)
1/13/2023ORAL ORDER as to (S4 22-Cr-293-18) Jesus Gonzalez. Brief due by 4/5/2023. Responses due by 4/12/2023. Sentencing set for 4/19/2023 at 12:00 PM before Judge J. Paul Oetken. (bw) (Entered: 01/13/2023)
1/13/2023Order of Referral to Probation for Presentence Investigation and Report as to (S4 22-Cr-293-18) Jesus Gonzalez. (By Judge J. Paul Oetken on 1/13/2023) (bw) (Entered: 01/13/2023)
1/13/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Plea entered by Jesus Gonzalez (18) Guilty as to Count 1. (bw) (Entered: 01/13/2023)
1/13/2023Change of Not Guilty Plea to Guilty Plea as to Jesus Gonzalez (18) Count 1. (bw) (Entered: 01/13/2023)
1/13/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Change of Plea Hearing as to (S4 22-Cr-293-18) Jesus Gonzalez held on 1/13/2023. Defendant present with attorney Meredith Heller; AUSA Sarah Kushner present; Court Reporter present. Change of Plea Hearing held. Defendant sworn and the Court accepts the defendants change of plea to Guilty as to count 1. The sentencing date is set for April 19, 2023 at 12:00 pm. The defendant's sentencing submission is due by April 5, 2023 and the Government's submission is due April 12, 2023. The PSR was ordered and detention is continued. (See transcript) (bw) (Entered: 01/13/2023)
1/12/2023NOTICE as to Nijmah Marte: A CHANGE OF PLEA HEARING IS SCHEDULED FOR JANUARY 24, 2023 AT 3:30PM IN COURTROOM 706 OF 40 FOLEY SQUARE. (bh) (Entered: 01/12/2023)
1/11/2023ORAL ORDER as to (22-Cr-293-20) Anthony Castillo. Brief due by 3/29/2023. Responses to Brief due by 4/5/2023. Sentencing set for 4/12/2023 at 11:30 AM before Judge J. Paul Oetken. (bw) (Entered: 01/12/2023)
1/11/2023Order of Referral to Probation for Presentence Investigation and Report as to (22-Cr-293-20) Anthony Castillo. (By Judge J. Paul Oetken on 1/11/2023) (bw) (Entered: 01/12/2023)
1/11/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Plea entered by Anthony Castillo (20) Guilty as to Count 1. (bw) (Entered: 01/12/2023)
1/11/2023Change of Not Guilty Plea to Guilty Plea as to Anthony Castillo (20) Count 1. (bw) (Entered: 01/12/2023)
1/11/2023Minute Entry for proceedings held before Judge J. Paul Oetken: Change of Plea Hearing as to (22-Cr-293-20) Anthony Castillo held on 1/11/2023. Defendant present with attorney Thomas Ambrosio; AUSA Kevin Meade present; Court Reporter present. Change of Plea Hearing held. Defendant sworn and the Court accepts the defendant's change of plea to Guilty as to count 1. The sentencing date is set for April 12, 2023 at 11:30 am. The defendant's sentencing submission is due by March 29, 2023 and the Government's submission is due April 5, 2023. The PSR was ordered and bail is continued. (See transcript) (bw) (Entered: 01/12/2023)
1/10/2023NOTICE as to Jesus Gonzalez: THE CHANGE OF PLEA HEARING IS ADJOURNED TO JANUARY 13, 2023 AT 12:00PM. (bh) (Entered: 01/10/2023)
1/6/2023NOTICE as to Jesus Gonzalez: A CHANGE OF PLEA HEARING IS SCHEDULED FOR JANUARY 11, 2023 AT 11:00AM IN COURTROOM 706 OF 40 FOLEY SQUARE. (bh) (Entered: 01/06/2023)
1/3/2023MEMO ENDORSEMENT 181 LETTER MOTION addressed to Judge J. Paul Oetken from Lorraine Gauli-Rufo dated December 23, 2022 re: I was appointed as CJA counsel for defendant, Daniel Vegas, pursuant to the Criminal Justice Act (CJA) on August 24, 2022. This is an ongoing case wherein the defendant has just plead and the sentencing hearing has been scheduled for March 22, 2023. Therefore, I respectfully request that the Court permit me to submit interim evouchers...ENDORSEMENT...SO ORDERED (Signed by Judge J. Paul Oetken on 12/29/22) (jw) (Entered: 01/03/2023)
1/3/2023NOTICE as to Anthony Castillo: A CHANGE OF PLEA HEARING IS SCHEDULED FOR JANUARY 11, 2023 AT 12:00PM IN COURTROOM 706 OF 40 FOLEY SQUARE. (bh) (Entered: 01/03/2023)
12/28/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Daniel Vegas. Notice is hereby given that an official transcript of a Plea proceeding held on 12/21/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 12/28/2022)
12/28/2022TRANSCRIPT of Proceedings as to Daniel Vegas re: Plea held on 12/21/22 before Judge J. Paul Oetken. 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 1/18/2023. Redacted Transcript Deadline set for 1/30/2023. Release of Transcript Restriction set for 3/28/2023. (Moya, Goretti) (Entered: 12/28/2022)
12/27/2022ORDER as to Daniel Vegas: This matter having come before the Court on the application of the defendant, Daniel Vegas, by his attorney, Lorraine Gauli-Rufo, requesting that Your Honor order MDC to provide Mr. Vegas with immediate and appropriate medical attention for three broken teeth and two exposed root canals for which he is in pain. For good cause shown, it is hereby Ordered: On this 27th day of December, 2022 that MDC provide Mr. Vegas with the appropriate medical care as set forth herein. (Signed by Judge J. Paul Oetken on 12/27/2022) (ap) (Entered: 12/28/2022)
12/23/2022PRB Bond Entered as to Johann Zapata in amount of $ 100,000. (jm) (Main Document 182 replaced on 1/3/2023) (jbo). (Entered: 12/27/2022)
12/23/2022 LETTER MOTION addressed to Judge J. Paul Oetken from Lorraine Gauli-Rufo dated December 23, 2022 re: Medical Attention . Document filed by Daniel Vegas. (Attachments: # 1 Text of Proposed Order Proposed Medical Attention Order)(Gauli-Rufo, Lorraine) (Entered: 12/23/2022)
12/23/2022MEMO ENDORSEMENT granting 165 MOTION filed by Jerrin Pena (2), to Appoint Counsel. ENDORSEMENT: Granted. Upon review of defendant's financial affidavit, the Court hereby appoints Attorney Gary Kaufman to represent defendant Jerrin Pena under the Criminal Justice Act. So ordered. (Signed by Judge J. Paul Oetken on 12/23/2022) (bw) (Entered: 12/23/2022)
12/22/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jowenky Nunez, Jr. Notice is hereby given that an official transcript of a Conference proceeding held on 12/9/22 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: 12/22/2022)
12/22/2022TRANSCRIPT of Proceedings as to Jowenky Nunez, Jr re: Conference held on 12/9/22 before Judge J. Paul Oetken. Court Reporter/Transcriber: Sara Beiter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/12/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/22/2023. (Moya, Goretti) (Entered: 12/22/2022)
12/22/2022MEMO ENDORSEMENT granting 176 LETTER MOTION filed by Yorkis Chevalier (22), addressed to Judge J. Paul Oetken from Attorney Richard H. Rosenberg dated December 21, 2022 re: Requesting Modification of Release Conditions for Christmas and New Year's Eve.... I now respectfully write to the Court on his behalf to request the following modifications to the terms of his bail conditions: First, Mr. Chevalier requests to be permitted to attend Christmas dinner at his father- and mother-in-law's apartment next door on Sunday, December 25 from 7:00 pm until 11:00 pm. Second, he requests to be permitted to ring in the New Year at his father- and mother-in- law's apartment next door from 7:00 pm on December 31, 2022 until 12:30 am on January 1, 2023. ENDORSEMENT: Granted. So ordered. (Signed by Judge J. Paul Oetken on 12/21/2022) (bw) (Entered: 12/22/2022)
12/21/2022ORAL ORDER as to (S4 22-Cr-293-19) Daniel Vegas. Brief due by 3/8/2023. Responses to Brief due by 3/15/2023. Sentencing set for 3/22/2023 at 11:30 AM before Judge J. Paul Oetken. (bw) (Entered: 12/21/2022)
12/21/2022Order of Referral to Probation for Presentence Investigation and Report as to (S4 22-Cr-293-19) Daniel Vegas. (By Judge J. Paul Oetken on 12/21/2022) (bw) (Entered: 12/21/2022)
12/21/2022Minute Entry for proceedings held before Judge J. Paul Oetken: Plea entered by Daniel Vegas (19) Guilty as to Count 1. (bw) (Entered: 12/21/2022)
12/21/2022Change of Not Guilty Plea to Guilty Plea as to Daniel Vegas (19) Count 1. (bw) (Entered: 12/21/2022)
12/21/2022Minute Entry for proceedings held before Judge J. Paul Oetken: Change of Plea Hearing as to (S4 22-Cr-293-19) Daniel Vegas held on 12/21/2022. Defendant present with attorney Lorraine Gauli-Rufo; AUSA Kevin Mead present; Court Reporter present. Change of Plea Hearing held. Defendant sworn and the Court accepts the defendants change of plea to Guilty as to count 1. The sentencing date is set for March 22, 2023 at 11:30 am. The defendant's sentencing submission is due by March 8, 2023 and the Governments submission is due March 15, 2023. The PSR was ordered and detention is continued. (See transcript) (bw) (Entered: 12/21/2022)
12/21/2022 LETTER MOTION addressed to Judge J. Paul Oetken from Richard H. Rosenberg dated December 21, 2022 re: Requesting Modification of Release Conditions for Christmas and New Year's Eve . Document filed by Yorkis Chevalier. (Rosenberg, Richard) (Entered: 12/21/2022)
12/21/2022NOTICE as to Daniel Vegas: A CHANGE OF PLEA HEARING IS SCHEDULED FOR DECEMBER 21, 2022 AT 10:00AM IN COURTROOM 706 OF 40 FOLEY SQUARE. (bh) (Entered: 12/21/2022)
12/20/2022MEMO ENDORSEMENT granting 172 LETTER MOTION filed by Nijmah Marte (10), addressed to Judge J. Paul Oetken from Attorney James E. Neuman dated 12/16/2022 re: permission to file interim vouchers. ENDORSEMENT: Granted. So Ordered. (Signed by Judge J. Paul Oetken on 12/19/2022) (bw) (Entered: 12/20/2022)
12/19/2022Minute Entry for proceedings held before Judge J. Paul Oetken: Bond Hearing as to Johann Zapata held on 12/19/2022. AUSA Ashley Nicolas for the Government. Don Yanella for the Defendant. BAIL DISPOSITION: $100,000 PRB; 1 FRP AND MOTHER, SUSANNA LEWIS, FOR MORAL SUASION; TRAVEL RESTRICTED TO SDNY/EDNY; STRICT PRETRIAL SUPERVISION; DEF. TO SUBMIT TO URINALYSIS; IF POSITIVE, ADD CONDITION OF DRUG TESTING/TREATMENT; HOME DETENTION; ELECTRONIC MONITORING; DEF. TO CONTINUE OR SEEK EMPLOYMENT [OR] DEF. TO CONTINUE OR START EDUCATION PROGRAM; DEF. NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON; DEF. TO BE DETAINED UNTIL ALL CONDITIONS ARE MET. Defendant is to reside at the home of his mother.-Defendant is not have contact with any co-defendants and is not to travel from 183rd to 190th street in Manhattan between Wadsworth and Audubon avenues. -Defendant is allowed to leave home to continue his enrollment in the Exodus program, medical visits, religious services and legal visits. (Court Reporter Courtflow) (ap) (Entered: 12/20/2022)
12/16/2022NOTICE of Change of Address as to Johann Zapata. New Address: Law Office of Donald Yannella PC, 299 Broadway, Suite 800, New York, NY, US 10007, 212 226-2883. (Yannella, Donald) (Entered: 12/16/2022)
12/16/2022 LETTER MOTION addressed to Judge J. Paul Oetken from James E. Neuman dated 12/16/2022 re: permission to file interim vouchers . Document filed by Nijmah Marte. (Neuman, James) (Entered: 12/16/2022)
12/16/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jose Gutierrez. Notice is hereby given that an official transcript of a Plea proceeding held on 12/7/2022 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: 12/16/2022)
12/16/2022TRANSCRIPT of Proceedings as to Anthony Castillo re: Plea held on 12/7/2022 before Magistrate Judge Valerie Figueredo. 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 1/6/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/16/2023. (McGuirk, Kelly) (Entered: 12/16/2022)
12/15/2022NOTICE as to Johann Zapata: THE DECEMBER 15, 2022 BAIL HEARING IS ADJOURNED TO DECEMBER 19, 2022 AT 11:30AM. (bh) (Entered: 12/15/2022)
12/12/2022LETTER by (22-Cr-293-14) Elvis Trejo addressed to Judge J. Paul Oetken dated 11-30-22 re: I Elvis Trejo am writing to make you aware of my lawyer Ineffectiveness... (bw) (Entered: 12/14/2022)
12/12/2022ORDER as to Elvis Trejo: The C.J.A. attorneys previously appointed in this case, Harvey Fishbein and Lauren DiChiara, are hereby relieved as counsel, and C.J.A. attorney Kenneth Montgomery is hereby appointed to represent the Defendant. SO ORDERED. (Added attorney Kenneth Jamal Montgomery for Elvis Trejo. Attorney Lauren Di Chiara and Harvey Fishbein terminated in case as to Elvis Trejo.) (Signed by Judge J. Paul Oetken on 12/12/2022) (lnl) (Entered: 12/12/2022)
12/12/2022NOTICE as to Johann Zapata: A BAIL HEARING IS SCHEDULED FOR DECEMBER 15, 2022 AT 2:30PM IN COURTROOM 706 OF 40 FOLEY SQUARE. (bh) (Entered: 12/12/2022)
12/12/2022ORDER as to Jose Gutierrez: IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/12/2022) (lnl) (Entered: 12/12/2022)
12/12/2022 LETTER MOTION addressed to Judge J. Paul Oetken from USA dated December 12, 2022 re: Government Bail Opposition . Document filed by USA as to Johann Zapata. (Attachments: # 1 Exhibit Government Detention Memo)(Nicolas, Ashley) (Entered: 12/12/2022)
12/9/2022Minute Entry for proceedings held before Judge J. Paul Oetken: Pretrial Conference as to Jerrin Pena, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Victor Colon, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier held on 12/9/2022. Defendant Jowenky Nunez present with attorney Jeffrey Pittell; Defendant Jerrin Pena present with attorney Gary Kaufman; Defendant Justin Deaza present with attorney Valerie Gotlib; Defendant Wilson Mendez present with attorney Dawn Florio; Defendant Brian Hernandez present with attorney Evan Lipton & Michael Bachrach; Defendant Victor Colon present with attorney Christopher Booth; Defendant Nijmah Marte present with attorney James E. Neuman; Defendant Hugo Rodriguez present with attorney Sarah M. Sacks; Defendant Mayovanex Rodriguez present with attorney Andrew G. Patel; Defendant Johann Zapata present with attorney Donald J. Yannella; Defendant Elvis Trejo present with attorney Harvey Fishbein & Lauren DiChiara; Defendant Steven Joaquin present with attorney Louis Freeman; Defendant Iyaury Rodriguez-Rosario present with attorney Mark DeMarco; Defendant Jowenky Nunez, Sr. present with attorney Sabrina P. Shroff; Defendant Jesus Gonzalez present with attorney Meredith S. Heller; Defendant Daniel Vegas present with attorney Lorraine Gauli-Rufo; Defendant Anthony Castillo present with attorney Thomas Ambrosio; Defendant Albert Lantigua present with attorney Matthew J. Kluger; Defendant Yorkis Chevalier present with attorney Richard Rosenberg & Clara Kalhous. AUSA Kevin Mead and Ashley Nicolas present; Spanish Interpreter for defendant Jowenky Nunez, Sr.; Court Reporter present. Pretrial conference held: CJA attorneys Harvey Fishbein and Lauren DiChiara are relieved as counsel for defendant Elvis Trejo. The next pretrial conference is scheduled for 3/15/2023 at 10:30am. Time is excluded to 3/15/2023. Bail continued as to defendants Colon, Marte and Chevalier, detention continued as to the other defendants. (See transcript for complete details.) (Pretrial Conference set for 3/15/2023 at 10:30 AM before Judge J. Paul Oetken) (ap) (Entered: 12/09/2022)
12/8/2022 MOTION to Appoint Counsel . Document filed by Jerrin Pena. (Kaufman, Gary) (Entered: 12/08/2022)
12/8/2022 LETTER MOTION addressed to Judge J. Paul Oetken from Kevin Mead dated December 8, 2022 re: Acceptance of Defendant Jose Gutierrez's Plea of Guilty . Document filed by USA as to Jose Gutierrez. (Attachments: # 1 Exhibit Plea Transcript, # 2 Text of Proposed Order Proposed Plea Acceptance Order, # 3 Exhibit Executed Plea Agreement)(Mead, Kevin) (Entered: 12/08/2022)
12/7/2022CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Jose Gutierrez. (jw) (Entered: 12/07/2022)
12/7/2022Minute Entry for proceedings held before Magistrate Judge Valerie Figueredo: Plea entered by Jose Gutierrez (8) Guilty as to Count 40s. (bw) (Entered: 12/07/2022)
12/7/2022Change of Not Guilty Plea to Guilty Plea as to Jose Gutierrez (8) Count 40s. (bw) (Entered: 12/07/2022)
12/7/2022Minute Entry for proceedings held before Magistrate Judge Valerie Figueredo: Change of Plea Hearing as to (22-Cr-293-8) Jose Gutierrez held on 12/7/2022. Defendant present with counsel Conor McNamara. A.U.S.A. Kevin Mead present for the Government. Defendant enters a plea of Guilty to Count # 40. Court reporter present. Bail continued. (bw) (Entered: 12/07/2022)
12/7/2022 LETTER by USA as to Brian Hernandez, Mayovanex Rodriguez, Iyaury Rodriguez-Rosario addressed to Judge J. Paul Oetken from Kevin Mead dated December 7, 2022 re: AG Decision Not To Seek Death Penalty as to Three Defendants Document filed by USA. (Mead, Kevin) (Entered: 12/07/2022)
12/7/2022 LETTER MOTION addressed to Judge J. Paul Oetken from Donald Yannella dated 12/7/2022 re: application for detention hearing and release on bond . Document filed by Johann Zapata. (Yannella, Donald) (Entered: 12/07/2022)
12/2/2022NOTICE as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier: THE DECEMBER 9, 2022 PRETRIAL CONFERENCE SCHEDULED FOR 11:30 AM WILL BE HELD IN COURTROOM 318 OF 40 FOLEY SQUARE. (bh) (Entered: 12/02/2022)
11/22/2022MEMO ENDORSEMENT granting 159 LETTER MOTION filed by Yorkis Chevalier (22), addressed to Judge J. Paul Oetken from Attorney Richard H. Rosenberg dated November 22, 2022 re: Requesting Modifications of Bail Conditions.... I now respectfully write to the Court on his behalf to request the following modifications to the terms of his bail conditions: First, Mr. Chevalier requests to be permitted to attend Thanksgiving dinner at his father and mother-in-law's apartment next door on Thursday, November 24 from 2:00 pm until 10:00 pm that day. Second, he requests to be permitted to go to Dave and Buster's on 34th St. in Manhattan on November 27, 2022, from 2:00 pm to 6:00 pm with approximately 10 close family members to celebrate his son's sixth birthday. Third, he requests to be permitted to go to his son's school on 182nd St (about 11 blocks from his home) on November 28, 2022, between 1:30 and 2:30 pm to bring a cake and celebrate at his son's classroom pizza party. His wife and her daughter would also attend this event. ENDORSEMENT: Granted. So ordered. (Signed by Judge J. Paul Oetken on 11/22/2022) (bw) (Entered: 11/22/2022)
11/22/2022 LETTER MOTION addressed to Judge J. Paul Oetken from Richard H. Rosenberg dated November 22, 2022 re: Requesting Modifications of Bail Conditions . Document filed by Yorkis Chevalier. (Rosenberg, Richard) (Entered: 11/22/2022)
10/25/2022MEMO ENDORSEMENT granting 157 LETTER MOTION filed by Nijmah Marte (10), addressed to Judge J. Paul Oetken from Attorney James E. Neuman dated 10/24/2022 re: request to modify conditions of release.... Accordingly, we ask that her conditions be modified from home detention to curfew, with the understanding that pretrial services have discretion to establish the hours and other details regarding the curfew. ENDORSEMENT: Granted. So ordered. (Signed by Judge J. Paul Oetken on 10/25/2022) (bw) (Entered: 10/25/2022)
10/24/2022 LETTER MOTION addressed to Judge J. Paul Oetken from James E. Neuman dated 10/24/2022 re: request to modify conditions of release . Document filed by Nijmah Marte. (Neuman, James) (Entered: 10/24/2022)
9/29/2022MEMO ENDORSEMENT as to Victor Colon (7) granting 155 MOTION to Modify Conditions of Release to Curfew. ENDORSEMENT: Granted. The bail condition of home detention is hereby terminated and replaced with the condition of a curfew as directed by pretrial services. (Signed by Judge J. Paul Oetken on 9/29/2022) (ap) (Entered: 09/29/2022)
9/19/2022 MOTION to Modify Conditions of Release to Curfew. Document filed by Victor Colon. (Booth, Christopher) (Entered: 09/19/2022)
9/13/2022Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Bail Hearing / Detention Hearing as to (22-Cr-293-19) Daniel Vegas held on 9/13/2022. AUSA Kevin Mead. Defense Counsel Lorraine Gauli-Rufo. BAIL DISPOSITION: Detention: Risk of Flight/Danger. See Transcript. (bw) (Entered: 09/13/2022)
9/13/2022Attorney update in case as to Yorkis Chevalier (22). Attorney Clara Sophia Kalhous for Yorkis Chevalier added. [*** NOTE: Refer to Memo Endorsement, Doc.#153. ***] (bw) (Entered: 09/13/2022)
9/13/2022MEMO ENDORSEMENT granting 152 LETTER MOTION filed by Yorkis Chevalier (22), addressed to Judge J. Paul Oetken from Attorney Richard Rosenberg dated September 7, 2022 re: Requesting the Appointment of Associate Counsel to Assist in the Representation of Mr. Chevalier. ENDORSEMENT: Granted. Clara S. Kalhous, Esq. is hereby appointed as associate counsel for defendant Yorkis Chevalier. So ordered. (Signed by Judge J. Paul Oetken on 9/13/2022) (bw) (Entered: 09/13/2022)
9/12/2022 LETTER MOTION addressed to Judge J. Paul Oetken from Richard Rosenberg dated September 7, 2022 re: Requesting the Appointment of Associate Counsel to Assist in the Representation of Mr. Chevalier . Document filed by Yorkis Chevalier. (Rosenberg, Richard) (Entered: 09/12/2022)
9/4/2022NOTICE OF ATTORNEY APPEARANCE: Bennett M. Epstein appearing for Hugo Rodriguez. Appearance Type: CJA Appointment. (Epstein, Bennett) (Entered: 09/04/2022)
9/1/2022NOTICE OF ATTORNEY APPEARANCE: Eylan Schulman appearing for Mayovanex Rodriguez. Appearance Type: CJA Appointment. as Associate Counsel (Schulman, Eylan) (Entered: 09/01/2022)
9/1/2022Minute Entry for proceedings held before Judge J. Paul Oetken: Pretrial Conference as to Iyaury Rodriguez-Rosario, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier held on 9/1/2022. Defendant Iyaury Rodriguez-Rosario present with attorney Mark DeMarco; Jesus Gonzalez present withattorney Meredith Heller by Lorraine Gauli-Rufo; Daniel Vegas present with attorney Lorraine Gauli-Rufo;Anthony Castillo present with attorney Thomas Ambrosio; Albert Lantigua present with attorney MatthewKluger; Yorkis Chevalier present with attorney Richard Rosenberg; AUSA Sarah Kusher present; CourtReporter present. Initial conference held: The next pretrial conference is scheduled for 12/9/2022 at 11:30am. Time isexcluded to 12/9/2022. Bail continued as to defendant Chevalier, detention continued as to the otherdefendants. (See transcript for complete details.) (jbo) (Entered: 09/01/2022)
8/31/2022PROTECTIVE ORDER MODIFICATION as to Iyaury Rodriguez-Rosario, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier. Upon the application of the United States of America, with the consent of the undersigned counsel, and the defendants having requested discovery under Fed. R. Crim. P. 16, the Court hereby finds and orders as follows: 1. On July 26, 2022, the Court entered a Protective Order (the "Protective Order") (Dkt. 77) to govern discovery materials in this matter that was signed by all parties then in the case. On July 29, 2022, the Court amended the Protective Order (Dkt. 80) to explicitly allow disclosure of discovery materials to the Coordinating Discovery Attorney. A copy of the Protective Order as amended is attached here as Exhibit A. 2. After entry of the Protective Order, defendants Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, and Jowenky Nunez, Sr. were added to the case. Those defendants objected to the Protective Order; the Court heard arguments relating to the Protective Order on August 4, 2022; and the Court overruled their objections and held those defendants bound to the Protective Order. (Dkt. 121.) 3. After August 4, 2022, six additional defendants ---Iyaury Rodriguez-Rosario, Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, and Yorkis Chevalier (the "New Defendants")---arrived in this District and were appointed counsel 4. The New Defendants agree to be bound by the terms of the Protective Order. SO ORDERED: (Signed by Judge J. Paul Oetken on 8/30/2022)(bw) (Entered: 08/31/2022)
8/26/2022148MEDICAL ATTENTION FORM as to (22-Cr-293-21) Albert Lantigua. 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 Sarah L. Cave on 8/26/2022) (bw) (Entered: 08/29/2022)
8/26/2022ORAL ORDER as to Albert Lantigua (21). Time excluded from 8/26/22. Status Conference set for 9/1/2022 at 12:30 PM before Judge J. Paul Oetken. (By Magistrate Judge Sarah L. Cave on 8/26/2022) (bw) (Entered: 08/29/2022)
8/26/2022Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Arraignment as to Albert Lantigua (21) Count 1 held on 8/26/2022. Plea entered by Albert Lantigua (21) Count 1 -- Not Guilty. (bw) (Entered: 08/29/2022)
8/26/2022Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Initial Appearance as to Albert Lantigua (21) held on 8/26/2022. Proceeding via In Person. Date of Arrest: 8/26/2022, on writ. AUSA Kevin Mead. Defense Counsel Matthew Kluger (CJA). Defendant waives pretrial report. Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 9/1/2022 12:30. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7). (bw) (Entered: 08/29/2022)
8/26/2022Attorney update in case as to Albert Lantigua (21). Attorney Matthew J. Kluger for Albert Lantigua added. (bw) (Entered: 08/29/2022)
8/26/2022146CJA 23 Financial Affidavit by (22-Cr-293-21) Albert Lantigua. APPROVED: (Signed by Magistrate Judge Sarah L. Cave on 8/26/2022); Attorney Matthew J. Kluger. (bw) (Entered: 08/29/2022)
8/26/2022Arrest of Albert Lantigua (21). (bw) (Entered: 08/29/2022)
8/25/2022RULE 5(F) ORDER as to Jesus Gonzalez (Signed by Magistrate Judge Sarah L Cave on 8/25/22)(jw) (Entered: 08/25/2022)
8/24/2022PRB Bond Entered as to Yorkis Chevalier in amount of $75,000.00 to be co-signed 3 financially responsible persons; additional conditions...... Advice of Penalties and Sanctions attached (jw) (Main Document 145 replaced on 10/19/2022) (jbo). (Entered: 08/26/2022)
8/24/2022Attorney update in case as to Yorkis Chevalier. Attorney Richard Harris Rosenberg for Yorkis Chevalier added. (jw) (Entered: 08/26/2022)
8/24/2022144CJA 23 Financial Affidavit by Yorkis Chevalier. (Signed by Magistrate Judge Sarah L Cave) Attorney Richard Rosenberg (jw) (Entered: 08/26/2022)
8/24/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Plea entered by Yorkis Chevalier (22) Count 1 Not Guilty. (jw) (Entered: 08/26/2022)
8/24/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Arraignment on disposition sheet as to Yorkis Chevalier (22) Count 1 held on 8/24/2022. Deft arraigned and pleads not guilty. Next conference set before District Judge on 9/1/2022 at 12:30pm. Speedy trial time excluded under 18 USC 3161(h)(7) until 9/1/2022 (jw) (Entered: 08/26/2022)
8/24/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Bail Hearing on disposition sheet as to Yorkis Chevalier held on 8/24/2022. Defense counsel Richard Rosenberg. AUSA Kevin Mead/Sarah. $75,000 PRB, 3 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, Deft to submit to Urinalysis; if Positive, add condition of Drug Testing/Treatment; Home Detention; Deft to continue or seek employment; Deft not to possess firearm/destructive device/other weapon, Deft to be released on own signature, remaining conditions to be met by 9/6/2022. Def. to report to PTS at 9am on 8/25/22 for installation of ankle bracelet. Def. may work in building in which he lives, not in any other buildings, without prejudice to future application to revise this condition if he is in compliance. Deft may not communicate with co-Def. in this case or in S3 Superseding Indictment unless in presence of counsel. Def. encouraged to get into long-term drug treatment program. (jw) (Entered: 08/26/2022)
8/24/2022Attorney update in case as to Daniel Vegas. Attorney Lorraine Gauli-Rufo for Daniel Vegas added. (jw) (Entered: 08/26/2022)
8/24/2022142CJA 23 Financial Affidavit by Daniel Vegas. (Signed by Magistrate Judge Sarah L Cave) Attorney Lorraine Gauli Rufo (jw) (Entered: 08/26/2022)
8/24/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Plea entered by Daniel Vegas (19) Count 1 Not Guilty. (jw) (Entered: 08/26/2022)
8/24/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Arraignment as to Daniel Vegas (19) Count 1 held on 8/24/2022. Deft arraigned and pleads not guilty. Next conference set before District Judge on 9/1/22 at 12:30pm. Speedy trial time excluded under 18 USC 3161(h)(7) until 9/1/2022. (jw) (Entered: 08/26/2022)
8/24/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Initial Appearance on disposition sheet as to Daniel Vegas held on 8/24/2022. Defense counsel Lorraine Gauli Rufo. AUSA Kevin Mead/Sarah Kushner. Detention on consent without prejudice. (jw) (Entered: 08/26/2022)
8/24/2022Attorney update in case as to Anthony Castillo. Attorney Thomas Ambrosio for Anthony Castillo added. (jw) (Entered: 08/26/2022)
8/24/2022140CJA 23 Financial Affidavit by Anthony Castillo. (Signed by Magistrate Judge Sarah L Cave) Attorney Thomas Ambrosio (jw) (Entered: 08/26/2022)
8/24/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Plea entered by Anthony Castillo (20) Count 1 Not Guilty. (jw) (Entered: 08/26/2022)
8/24/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Arraignment on disposition sheet as to Anthony Castillo (20) Count 1 held on 8/24/2022. Deft arraigned and pleads not guilty. Next conference set before District Judge on 9/1/22 at 12:30pm. Speedy trial time excluded under 18 USC 3161(H)(7) until 9/1/2022 (jw) (Entered: 08/26/2022)
8/24/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Bail Hearing on disposition sheet as to Anthony Castillo held on 8/24/2022. Defense counsel Thomas Ambrosio. AUSA Kevin Mead/Sarah Kushner. Detention: Risk of Flight/Danger. (jw) (Entered: 08/26/2022)
8/24/2022Attorney update in case as to Jesus Gonzalez. Attorney Meredith Stacy Heller for Jesus Gonzalez added. (jw) (Entered: 08/26/2022)
8/24/2022138CJA 23 Financial Affidavit by Jesus Gonzalez. (Signed by Magistrate Judge Sarah L Cave) Attorney Meredith S. Heller (jw) (Entered: 08/26/2022)
8/24/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Plea entered by Jesus Gonzalez (18) Count 1 Not Guilty. (jw) (Entered: 08/26/2022)
8/24/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Arraignment on disposition sheet as to Jesus Gonzalez (18) Count 1 held on 8/24/2022. Deft arraigned and pleads not guilty. Next conference set before District Judge on 9/1/22 at 12:30pm. Speedy trial time excluded under 18 USC 3161(h)(7) until 9/1/2022. (jw) (Entered: 08/26/2022)
8/24/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Bail Hearing on disposition sheet as to Jesus Gonzalez held on 8/24/2022. Defense counsel Meredith Heller. AUSA Kevin Mead/Sarah Kushner. Detention: Risk of Flight/Danger. (jw) (Entered: 08/26/2022)
8/24/2022Case Designated ECF as to Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier. (jbo) (Entered: 08/24/2022)
8/24/2022Order to Unseal Indictment as to Jesus Gonzalez, Daniel Vegas, Anthony Castillo, Albert Lantigua, Yorkis Chevalier. (Signed by Magistrate Judge Sarah L Cave on 8/24/22)(jbo) (Entered: 08/24/2022)
8/24/2022(S4) SUPERSEDING INDICTMENT FILED as to Jesus Gonzalez (18) count(s) 1, Daniel Vegas (19) count(s) 1, Anthony Castillo (20) count(s) 1, Albert Lantigua (21) count(s) 1, Yorkis Chevalier (22) count(s) 1. (jbo) (Entered: 08/24/2022)
8/19/2022128SEALED DOCUMENT placed in vault. (nmo) (Entered: 08/19/2022)
8/18/2022ENDORSED LETTER as to Iyaury Rodriguez-Rosario addressed to Judge J. Paul Oetken, from Jennifer L. Brown dated 8/17/2022 re: Defense counsel writes to request that Elizabeth Macedonio be appointed Learned Counsel for defendant. ENDORSEMENT: Elizabeth Macedonio is hereby appointed as learned capital counsel for defendant Iyaury Rodriguez-Rosario. Added attorney Elizabeth Edwards Macedonio for Iyaury Rodriguez-Rosario. (Signed by Judge J. Paul Oetken on 8/18/2022) (ap) (Entered: 08/18/2022)
8/18/2022RULE 5(F) ORDER as to (22-Cr-293-16) Iyaury Rodriguez-Rosario. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 8/18/2022)(bw) (Entered: 08/18/2022)
8/18/2022ORAL ORDER as to Iyaury Rodriguez-Rosario (16). Time excluded from 8/18/2022 until 9/1/2022. (By Magistrate Judge Barbara C. Moses on 8/18/2022) (bw) (Entered: 08/18/2022)
8/18/2022Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Arraignment as to Iyaury Rodriguez-Rosario (16) Count 1,2,3,4,5,18,19,20,21,40,41,42 held on 8/18/2022. Plea entered by Iyaury Rodriguez-Rosario (16) Count 1,2,3,4,5,18,19,20,21,40,41,42 --- Not Guilty. (bw) (Entered: 08/18/2022)
8/18/2022Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Iyaury Rodriguez-Rosario (16) held on 8/18/2022. Proceeding via In Person. Date of Arrest: 8/2/2022 in PA. AUSA Sarah Kushner. Defense Counsel Mark DeMarco (CJA). Defendant waives pretrial report. Brady Warning Given. Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 9/1/2022. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 9/1/2022. COMMENTS: 9/1/22 is a control date; DJ has not yet set conference date for this defendant. (bw) (Entered: 08/18/2022)
8/18/2022Attorney update in case as to Iyaury Rodriguez-Rosario (16). Attorney Mark Steven DeMarco for Iyaury Rodriguez-Rosario added. (bw) (Entered: 08/18/2022)
8/18/2022124CJA 23 Financial Affidavit by (22-Cr-293-16) Iyaury Rodriguez-Rosario. APPROVED: (Signed by Magistrate Judge Barbara C. Moses on 8/18/2022); Attorney Mark S. DeMarco. (bw) (Entered: 08/18/2022)
8/12/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jose Gutierrez. Notice is hereby given that an official transcript of a Conference proceeding held on 8/3/2022 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: 08/12/2022)
8/12/2022TRANSCRIPT of Proceedings as to Jose Gutierrez re: Conference held on 8/3/2022 before Judge J. Paul Oetken. Court Reporter/Transcriber: Sara Beiter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/2/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/10/2022. (McGuirk, Kelly) (Entered: 08/12/2022)
8/10/2022NOTICE as to Jowenky Nunez, Jr: AT THE REQUEST OF THE PARTIES THE BAIL HEARING SCHEDULED FOR 8/11/22 AT 12:00PM IS ADJOURNED SINE DIE. (bh) (Entered: 08/10/2022)
8/5/2022 PROTECTIVE ORDER MODIFICATION as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Jr, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge J. Paul Oetken on 8/5/2022)(lnl) (Entered: 08/05/2022)
8/5/2022ORDER FOR DOCKET NAME CHANGES as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr.: In order to align the names of the defendants on the docket with the names of the defendants on the Superseding Indictment (Dkt. 86), and so as to avoid any confusion among the defendants, the Court hereby finds and orders as follows: 1. Defendant 1 in this case is currently identified on the docket as "Jowenky Nunez also known as Juju." Defendant 1 should be identified on the docket as "Jowenky Nunez, Jr. also known as Juju." 2. Defendant 4 in this case is currently identified on the docket as "Justin Deaza also known as Booka." Defendant 4 should be identified on the docket as "Justin Deaza also known as Booka also known as Pepito." 3. Defendant 5 in this case is currently identified on the docket as "Wilson Mendez also known as Jowenky Mendez also known as Tati." Defendant 5 should be identified on the docket as "Wilson Mendez also known as Tati." 4. Defendant 9 in this case is currently identified on the docket as "Argenis Tavarez also known as Nose." Defendant 9 should be identified on the docket as "Argenis Tavarez also known as Nose also known as A-Kash." 5. Defendant 10 in this case is currently identified on the docket as "Nijmah Marte also known as N." Defendant 10 should be identified on the docket as "Nijmah Marte also known as N also known as Nena." 6. Defendant 15 in this case is currently identified on the docket as "Steven Joaquin also known as Baby Gunz also known as Steven Jaoquin." Defendant 15 should be identified on the docket as "Steven Joaquin also known as Baby Gunz." IT IS HEREBY ORDERED that the Clerk of the Court shall make the above-described changes to the names on the docket in this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/5/2022) (lnl) (Entered: 08/05/2022)
8/5/2022ENDORSED LETTER as to Brian Hernandez addressed to Judge J. Paul Oetken from Jennifer L. Brown, dated 8/4/2022, re: Defense counsel writes to offer her recommendation to the Court for learned capital counsel for Brian Hernandez, who is represented by Evan Lipton. ENDORSEMENT: Michael Bachrach is hereby appointed as learned captial counsel for Brian Hernandez. So Ordered. (Signed by Judge J. Paul Oetken on 8/5/2022) (lnl) (Entered: 08/05/2022)
8/5/2022ENDORSED LETTER as to Mayovanex Rodriguez addressed to Judge J. Paul Oetken from Jennifer L. Brown, dated 8/4/2022, re: Defense counsel writes to offer her recommendation to the Court for the appointment of learned capital counsel recommendation to the Court for learned capital counsel for Mayovanex Rodriguez, who is represented by Andrew Patel. ENDORSEMENT: Avraham Moskowitz is hereby appointed as learned capital counsel for Mayovanex Rodriguez. So Ordered. (Signed by Judge J. Paul Oetken on 8/5/2022) (lnl) (Entered: 08/05/2022)
8/5/2022ENDORSED LETTER as to Jowenky Nunez addressed to Judge J. Paul Oetken from Jennifer L. Brown, dated 8/5/2022, re: Defense counsel writes to offer her recommendation to the Court for the appointment of learned capital counsel for Jowenky Nunez, who is represented by Jeffrey Pittell. ENDORSEMENT: Jean Barrett is hereby appointed as learned capital counsel for Jowenky Nunez, Jr. So ordered. (Signed by Judge J. Paul Oetken on 8/5/2022) (lnl) (Entered: 08/05/2022)
8/4/2022NOTICE OF ATTORNEY APPEARANCE: Lauren Di Chiara appearing for Elvis Trejo. Appearance Type: CJA Appointment. (Di Chiara, Lauren) (Entered: 08/04/2022)
8/4/2022Minute Entry for proceedings held before Judge J. Paul Oetken: Arraignment as to Jerrin Pena (2) Count 1s,10s,11s,30s,31s,40s,41s,42s and Justin Deaza (4) Count 1s,14s,15s,24s,25s,35s-38s,40s,41s and Wilson Mendez (5) Count 1s,14s,15s,34s,38s,40s,41s and Jowenky Nunez (1) Count 1s,2s,3s,4s,5s,18s,19s,20s,21s,22s,23s,24s,25s,30s,31s,32s,33s,40s,41s,42s and Brian Hernandez (6) Count 1s,2s,3s,4s,5s,8s,9s,10s,11s,16s,17s,40s,41s and Victor Colon (7) Count 40s,41s and Jose Gutierrez (8) Count 40s,41s and Nijmah Marte (10) Count 40s,41s held on 8/4/2022. Plea entered by Jerrin Pena (2) Count 1s,10s,11s,30s,31s,40s,41s,42s and Justin Deaza (4) Count 1s,14s,15s,24s,25s,35s-38s,40s,41s and Wilson Mendez (5) Count 1s,14s,15s,34s,38s,40s,41s and Jowenky Nunez (1) Count 1s,2s,3s,4s,5s,18s,19s,20s,21s,22s,23s,24s,25s,30s,31s,32s,33s,40s,41s,42s and Brian Hernandez (6) Count 1s,2s,3s,4s,5s,8s,9s,10s,11s,16s,17s,40s,41s and Victor Colon (7) Count 40s,41s and Jose Gutierrez (8) Count 40s,41s and Nijmah Marte (10) Count 40s,41s Not Guilty. (jbo) (Entered: 08/04/2022)
8/4/2022Minute Entry for proceedings held before Judge J. Paul Oetken: Pretrial Conference as to Jerrin Pena, Justin Deaza, Wilson Mendez, Jowenky Nunez, Brian Hernandez, Victor Colon, Jose Gutierrez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Jowenky Nunez, Sr held on 8/4/2022. Defendant Jowenky Nunez, Jr. present with attorney Jeffrey Pittell; Jerrin Pena present with attorney Gary Kaufman; Justin Deaza present with attorney Valerie Gotlib, Wilson Mendez present with attorney Dawn Florio and Declan Murray; Brian Hernandez present with attorney Evan Lipton; Victor Colon present with attorney Christopher Booth; Jose Gutierrez present with attorney Connor McNamara; Nijmah Marte present with attorney James Neuman; Hugo Rodriguez present with attorney Sarah Sacks; Mayovanex Rodriguez present with attorney Andrew Patel by Donald Yannella; Johann Zapata present with attorney Donald Yannella; Elvis Trejo present with Harvey Fishbein, Steven Joaquin present with Louis Freeman and Jowenky Nunez Sr., present with Sabrina Shroff; AUSA Ashley Nicolas, Sarah Kusher and Kevin Mead present; Court Reporter present. Arraignment held: Defendants Jowenky Nunez Jr., Jerrin Pena, Justin Deaza, Wilson Mendez, Brian Hernandez, Victor Colon, Jose Gutierrez and Nijmah Marte arraigned on the s3 indictment and enter pleas of NOT GUILTY. The next pretrial conference is scheduled for 12/9/2022 at 11:30am. Time is excluded to 12/9/2022. Bail continued as to defendants Colon and Marte, detention continued as to the other defendants. (See transcript for complete details.) (jbo) (Entered: 08/04/2022)
8/4/2022NOTICE OF ATTORNEY APPEARANCE: Declan J. Murray appearing for Wilson Mendez. Appearance Type: Retained. Declan J. Murray (Murray, Declan) (Entered: 08/04/2022)
8/3/2022Minute Entry for proceedings held before Judge J. Paul Oetken: Bond Hearing as to Jose Gutierrez held on 8/3/2022. Defendant present with attorney Conor McNamara, AUSA Sarah Kushner present. Court Reporter present. Bail Review Hearing held: The decision of Magistrate Judge Netburn to grant bail is affirmed. The date by which the cosigners may sign the bond is extended to Friday, August 5, 2022. (See transcript for complete details.) (jbo) (Entered: 08/03/2022)
8/3/2022NOTICE as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Joaquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr: THE AUGUST 4, 2022 PRETRIAL CONFERENCE SCHEDULED FOR 2:00PM WILL BE HELD IN COURTROOM 318 OF 40 FOLEY SQUARE. (bh) (Entered: 08/03/2022)
8/3/2022Rule 5(c)(3) Documents Received as to Iyaury Rodriguez-Rosario from the United States District Court - Eastern District of Pennsylvania. (jm) (Entered: 08/03/2022)
8/3/2022 LETTER MOTION addressed to Judge J. Paul Oetken from Andrew Patel dated August 3, 2022 re: excused from conference . Document filed by Mayovanex Rodriguez. (Patel, Andrew) (Entered: 08/03/2022)
8/2/2022Arrest of Iyaury Rodriguez-Rosario in the United States District Court - Eastern District of Pennsylvania. (jm) (Entered: 08/03/2022)
8/2/2022ORAL ORDER as to (S3-22-Cr-293-11) Hugo Rodriguez. Time excluded from 8/2/2022 until 8/4/2022. Status Conference set for 8/4/2022 at 02:00 PM before Judge J. Paul Oetken. (By Magistrate Judge Katharine H. Parker on 8/2/2022) (bw) (Entered: 08/03/2022)
8/2/2022Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Arraignment (on S3-22-Cr-293-) as to Hugo Rodriguez (11) Count 1,26,27,39,40,41 held on 8/2/2022. Plea entered by Hugo Rodriguez (11) Count 1,26,27,39,40,41 -- Not Guilty. (bw) (Entered: 08/03/2022)
8/2/2022Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (S3-22-Cr-293-11) Hugo Rodriguez held on 8/2/2022. Proceeding via In Person. Date of Arrest: 8/1/2022. AUSA Kevin Mead. Defense Counsel Bennett M. Epstein / Sarah M. Sacks (CJA). Defendant waives pretrial report. Brady Warning Given. BAIL DISPOSITION: Detention on consent without prejudice. See Transcript. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 8/4/2022 2 p.m. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 8/4/2022. (bw) (Entered: 08/03/2022)
8/2/2022ORAL ORDER as to (S3-22-Cr-293-12) Mayovanex Rodriguez. Time excluded from 8/2/2022 until 8/4/2022. Status Conference set for 8/4/2022 at 02:00 PM before Judge J. Paul Oetken. (By Magistrate Judge Katharine H. Parker on 8/2/2022) (bw) (Entered: 08/03/2022)
8/2/2022Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Arraignment (S3-22-Cr-293-) as to Mayovanex Rodriguez (12) Count 1,6,7,40,41 held on 8/2/2022. Plea entered by Mayovanex Rodriguez (12) Count 1,6,7,40,41 -- Not Guilty. (bw) (Entered: 08/03/2022)
8/2/2022Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (S3-22-Cr-293-12) Mayovanex Rodriguez held on 8/2/2022. Proceeding via In Person. Date of Arrest: 8/1/2022. AUSA Kevin Mead. Defense Counsel Andrew G. Patel (CJA). Brady Warning Given. BAIL DISPOSITION: Detention on consent without prejudice. See Transcript. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 8/4/2022 2 p.m. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 8/4/2022. (bw) (Entered: 08/03/2022)
8/2/2022110MEDICAL ATTENTION FORM as to (S3-22-Cr-293-14) Elvis Trejo. 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 details. ***) (By Magistrate Judge Katharine H. Parker on 8/2/2022) (bw) (Entered: 08/03/2022)
8/2/2022ORAL ORDER as to (S3-22-Cr-293-14) Elvis Trejo. Time excluded from 8/2/2022 until 8/4/2022. Status Conference set for 8/4/2022 at 02:00 PM before Judge J. Paul Oetken. (By Magistrate Judge Katharine H. Parker on 8/2/2022) (bw) (Entered: 08/03/2022)
8/2/2022Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Arraignment (on S3-22-Cr-293-) as to Elvis Trejo (14) Count 1,30,31,32,33,39,40,41 held on 8/2/2022. Plea entered by Elvis Trejo (14) Count 1,30,31,32,33,39,40,41 -- Not Guilty. (bw) (Entered: 08/03/2022)
8/2/2022Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (S3-22-Cr-293-14) Elvis Trejo held on 8/2/2022. Proceeding via In Person. Date of Arrest: 8/1/2022. AUSA Kevin Mead. Defense Counsel Harvey Fishbein (CJA). Defendant waives pretrial report. Brady Warning Given. BAIL DISPOSITION: Detention on consent without prejudice. See Transcript. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 8/4/2022 2 p.m. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 8/4/2022. (bw); Modified on 8/3/2022 (bw). (Entered: 08/03/2022)
8/2/2022ORAL ORDER as to (S3-22-Cr-293-15) Steven Joaquin. Time excluded from 8/2/2022 until 8/4/2022. Status Conference set for 8/4/2022 at 02:00 PM before Judge J. Paul Oetken. (By Magistrate Judge Katharine H. Parker on 8/2/2022) (bw) (Entered: 08/03/2022)
8/2/2022Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Arraignment (on S3-22-Cr-293-) as to Steven Joaquin (15) Count 1,18,19,30,31,40,41 held on 8/2/2022. Plea entered by Steven Joaquin (15) Count 1,18,19,30,31,40,41 -- Not Guilty. (bw) (Entered: 08/03/2022)
8/2/2022Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (S3-22-Cr-293-15) Steven Joaquin held on 8/2/2022. Proceeding via In Person. Date of Arrest: 8/1/2022. AUSA Kevin Mead. Defense Counsel Louis Freeman (CJA). Brady Warning Given. BAIL DISPOSITION: Detention on consent without prejudice. See Transcript. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 8/4/2022 2 p.m. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 8/4/2022. (bw) (Entered: 08/03/2022)
8/2/2022ORAL ORDER as to (S3-22-Cr-293-13) Johann Zapata. Time excluded from 8/2/2022 until 8/4/2022. Status Conference set for 8/4/2022 at 02:00 PM before Judge J. Paul Oetken. (By Magistrate Judge Katharine H. Parker on 8/2/2022) (bw) (Entered: 08/03/2022)
8/2/2022Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Arraignment (on S3-22-Cr-293-) as to Johann Zapata (13) Count 1,40,41 held on 8/2/2022. Plea entered by Johann Zapata (13) Count 1,40,41 -- Not Guilty. (bw) (Entered: 08/03/2022)
8/2/2022Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (S3-22-Cr-293-13) Johann Zapata held on 8/2/2022. Proceeding via In Person. Date of Arrest: 8/1/2022. AUSA Kevin Mead. Defense Counsel Donald Yannella (CJA). Brady Warning Given. BAIL DISPOSITION: Detention on consent without prejudice. See Transcript. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 8/4/2022 2 p.m. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 8/4/2022. (bw) (Entered: 08/03/2022)
8/2/2022ORAL ORDER as to (S3-22-Cr-293-17) Jowenky Nunez, Sr. Time excluded from 8/2/2022 until 8/4/2022. Status Conference set for 8/4/2022 at 02:00 PM before Judge J. Paul Oetken. (By Magistrate Judge Katharine H. Parker on 8/2/2022) (bw) (Entered: 08/03/2022)
8/2/2022Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Arraignment (on S3-22-Cr-293-) as to Jowenky Nunez Sr. (17) Count 1,12,13,28,29,40,41 held on 8/2/2022. Plea entered by Jowenky Nunez Sr. (17) Count 1,12,13,28,29,40,41 -- Not Guilty. (bw) (Entered: 08/03/2022)
8/2/2022Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to (S3-22-Cr-293-17) Jowenky Nunez, Sr. held on 8/2/2022. Proceeding via In Person. Date of Arrest: 8/2/2022. AUSA Kevin Mead. Defense Counsel Sabrina Shroff (CJA). Brady Warning Given. BAIL DISPOSITION: Detention on consent without prejudice. See Transcript. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 8/4/2022 2 p.m. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 8/4/2022. (bw) (Entered: 08/03/2022)
8/2/2022RULE 5(F) ORDER as to Hugo Rodriguez. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/2/2022)(bw) (Entered: 08/02/2022)
8/2/2022Attorney update in case as to Hugo Rodriguez (11). Attorney Sarah M. Sacks for Hugo Rodriguez added. (bw) (Entered: 08/02/2022)
8/2/2022104CJA 23 Financial Affidavit by (22-Cr-293-11) Hugo Rodriguez. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 8/2/2022); Attorney Sarah M. Sacks. (bw) (Entered: 08/02/2022)
8/2/2022RULE 5(F) ORDER as to Mayovanex Rodriguez. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/2/2022)(bw) (Entered: 08/02/2022)
8/2/2022Attorney update in case as to Mayovanex Rodriguez (12). Attorney Andrew G. Patel for Mayovanex Rodriguez added. (bw) (Entered: 08/02/2022)
8/2/2022102CJA 23 Financial Affidavit by (22-Cr-293-12) Mayovanex Rodriguez. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 8/2/2022); Attorney Andrew G. Patel. (bw) (Entered: 08/02/2022)
8/2/2022RULE 5(F) ORDER as to Elvis Trejo. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/2/2022)(bw) (Entered: 08/02/2022)
8/2/2022Attorney update in case as to Elvis Trejo (14). Attorney Harvey Fishbein for Elvis Trejo added. (bw) (Entered: 08/02/2022)
8/2/2022100CJA 23 Financial Affidavit by (22-Cr-293-14) Elvis Trejo. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 8/2/2022); Attorney Harvey Fishbein / Lauren Di Chiara. (bw) (Entered: 08/02/2022)
8/2/2022RULE 5(F) ORDER as to Steven Joaquin. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker 8/2/2022)(bw) (Entered: 08/02/2022)
8/2/2022Attorney update in case as to Steven Joaquin (15). Attorney Louis Marmorek Freeman for Steven Joaquin added. (bw) (Entered: 08/02/2022)
8/2/202298CJA 23 Financial Affidavit by (22-Cr-293-15) Steven Joaquin. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 8/2/2022); Attorney Louis M. Freeman. (bw) (Entered: 08/02/2022)
8/2/2022RULE 5(F) ORDER as to Johann Zapata. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/2/2022)(bw); Modified on 8/2/2022 (bw). (Entered: 08/02/2022)
8/2/2022Attorney update in case as to Johann Zapata (13). Attorney Donald Joseph Yannella, III for Johann Zapata added. (bw) (Entered: 08/02/2022)
8/2/202296CJA 23 Financial Affidavit by (22-Cr-293-13) Johann Zapata. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 8/2/2022); Attorney Donald Yannella. (bw) (Entered: 08/02/2022)
8/2/2022RULE 5(F) ORDER as to Jowenky Nunez, Sr. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/2/2022)(bw) (Entered: 08/02/2022)
8/2/2022Attorney update in case as to (22-Cr-293-17) Jowenky Nunez, Sr. Attorney Sabrina P. Shroff for Jowenky Nunez, Sr. added. (bw) (Entered: 08/02/2022)
8/2/202294CJA 23 Financial Affidavit by (22-Cr-293-17) Jowenky Nunez, Sr. APPROVED: (Signed by Magistrate Judge Katharine H. Parker on 8/2/2022); Attorney Sabrina Shroff. (bw) (Entered: 08/02/2022)
8/2/2022Arrest of Jowenky Nunez, Sr. (17). (bw) (Entered: 08/02/2022)
8/2/2022(S3) SUPERSEDING INDICTMENT FILED as to Jowenky Nunez (1) count(s) 1s, 2s, 3s, 4s, 5s, 18s, 19s, 20s, 21s, 22s, 23s, 24s, 25s, 30s, 31s, 32s, 33s, 40s, 41s, 42s, Jerrin Pena (2) count(s) 1s, 10s, 11s, 30s, 31s, 40s, 41s, 42s, Justin Deaza (4) count(s) 1s, 14s, 15s, 24s, 25s, 35s-38s, 40s, 41s, Wilson Mendez (5) count(s) 1s, 14s, 15s, 34s, 38s, 40s, 41s, Brian Hernandez (6) count(s) 1s, 2s, 3s, 4s, 5s, 8s, 9s, 10s, 11s, 16s, 17s, 40s, 41s, Victor Colon (7) count(s) 40s, 41s, Jose Gutierrez (8) count(s) 40s, 41s, Argenis Tavarez (9) count(s) 1s, 8s, 9s, 10s, 11s, 40s, 41s, Nijmah Marte (10) count(s) 40s, 41s, Hugo Rodriguez (11) count(s) 1, 26, 27, 39, 40, 41, Mayovanex Rodriguez (12) count(s) 1, 6, 7, 40, 41, Johann Zapata (13) count(s) 1, 40, 41, Elvis Trejo (14) count(s) 1, 30, 31, 32, 33, 39, 40, 41, Steven Joaquin (15) count(s) 1, 18, 19, 30, 31, 40, 41, Iyaury Rodriguez-Rosario (16) count(s) 1, 2, 3, 4, 5, 18, 19, 20, 21, 40, 41, 42, Jowenky Nunez, Sr (17) count(s) 1, 12, 13, 28, 29, 40, 41. (jm) (jm). Modified on 8/2/2022 (jm). (Entered: 08/02/2022)
8/2/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jose Gutierrez. Notice is hereby given that an official transcript of a Hearing proceeding held on 7/27/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (js) (Entered: 08/02/2022)
8/2/2022TRANSCRIPT of Proceedings as to Jose Gutierrez re: Hearing held on 7/27/2022 before Magistrate Judge Sarah Netburn. 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 8/23/2022. Redacted Transcript Deadline set for 9/2/2022. Release of Transcript Restriction set for 10/31/2022. (js) (Entered: 08/02/2022)
8/2/2022 LETTER by USA as to Jowenky Nunez, Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte addressed to Judge J. Paul Oetken from Kevin Mead dated August 2, 2022 re: Summary of Charges in the Superseding Indictment and the Government's Position as to Pretrial Detention Document filed by USA. (Mead, Kevin) (Entered: 08/02/2022)
8/1/2022 LETTER MOTION addressed to Judge J. Paul Oetken from Gary Kaufman dated August 1, 2022 re: Leave to Allow Counsel for a Codefendant to Appear on Mr. Pena's Behalf at the August 4, 2022 Court Appearance if neccesary. Document filed by Jerrin Pena. (Kaufman, Gary) (Entered: 08/01/2022)
7/29/2022ORDER as to Jerrin Pena, Justin Deaza, Wilson Mendez, Jowenky Nunez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte, Hugo Rodriguez, Mayovanex Rodriguez, Johann Zapata, Elvis Trejo, Steven Jaoquin, Iyaury Rodriguez-Rosario, Jowenky Nunez, Sr. unsealing the S(3) superseding indictment. (Signed by Judge J. Paul Oetken on 7/29/22)(jm) (Entered: 08/02/2022)
7/29/2022 PROTECTIVE ORDER MODIFICATION as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge J. Paul Oetken on 7/29/22)(jw) (Entered: 07/29/2022)
7/27/2022ORDER as to Jose Gutierrez... IT IS HEREBY ORDERED THAT: The defendant's release on bail is stayed pending the outcome of the August 3 bail hearing by this Court. SO ORDERED. (Bond Hearing set for 8/3/2022 at 03:00 PM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 7/27/22)(jbo) (Entered: 07/28/2022)
7/27/2022Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Detention Hearing as to Jose Gutierrez held on 7/27/2022. Defendant present with retained counsel Conor McNamara. AUSA Kevin Mead present for the Government. BAIL DISPOSITION: $100,000 Personal recognizance bond; To be cosigned by two financially responsible persons; Travel restricted to SDNY/EDNY/Connecticut; Surrender travel documents and no new applications; Pretrial supervision as directed by Pretrial Services; Drug testing and treatment; Mental health evaluation and treatment; Home detention; Electronic monitoring; Deft to continue or seek employment; Deft to continue or start education program; Deft not to possess firearm, destructive device, other weapon; No contact with co-defendants except in the present of counsel; Deft's mother is to serve as Third-Party Custodian; PRB to be signed by Wednesday, August 3, 2022. Deft is to be produced on Friday, July 29, 2022 by 12pm depending on the outcome of the government's appeal; GOV'T MAY APPEAL; STAY UNTIL 7/29/22. (jbo) (Entered: 07/28/2022)
7/26/2022NOTICE as to Jowenky Nunez: A TELEPHONIC STATUS CONFERENCE REGARDING BAIL IS SCHEDULED FOR JULY 29, 2022 AT 4:45PM. COUNSEL ARE DIRECTED TO CALL 888-557-8511 AT THE SCHEDULED TIME. THE ACCESS CODE IS 9300838. MEMBERS OF THE PRESS AND THE PUBLIC MAY ACCESS THE CONFERENCE VIA THE SAME NUMBER BUT ARE DIRECTED TO PLACE THEIR PHONES ON MUTE. THE RECORDING OR REBROADCASTING OF REMOTE PROCEEDINGS IS NOT PERMITTED. (bh) (Entered: 07/26/2022)
7/26/2022 PROTECTIVE ORDER as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge J. Paul Oetken on 7/26/22)(jw) (Entered: 07/26/2022)
7/8/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jowenky Nunez. Notice is hereby given that an official transcript of a Conference proceeding held on 6/6/2022 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 Jowenky Nunez re: Conference held on 6/6/2022 before Judge J. Paul Oetken. 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 7/29/2022. Redacted Transcript Deadline set for 8/8/2022. Release of Transcript Restriction set for 10/6/2022. (McGuirk, Kelly) (Entered: 07/08/2022)
7/5/2022MEMO ENDORSED granting 73 Motion to Withdraw as Attorney. Joseph Matthew Caldarera withdrawn from case as to Jose Gutierrez (8)... ENDORSEMENT: Granted. So Ordered. (Signed by Judge J. Paul Oetken on 7/5/22) (jbo) (Entered: 07/05/2022)
6/30/2022 MOTION for Joseph Caldarera, Esq. to Withdraw as Attorney and be removed from the docket. Document filed by Jose Gutierrez. (McNamara, Conor) (Entered: 06/30/2022)
6/29/2022MEMO ENDORSEMENT as to Victor Colon (7) granting 70 SECOND MOTION to Modify Conditions of Release. ENDORSEMENT: Granted. So Ordered. (Signed by Judge J. Paul Oetken on 6/29/2022) (ap) (Entered: 06/29/2022)
6/28/2022NOTICE OF ATTORNEY APPEARANCE FOR COORDINATING DISCOVERY ATTORNEY. Emma Maya Greenwood appearing on behalf of Emma M. Greenwood. (Greenwood, Emma) (Entered: 06/28/2022)
6/27/2022SECOND MOTION to Modify Conditions of Release . Document filed by Victor Colon. (Booth, Christopher) (Entered: 06/27/2022)
6/24/2022Minute Entry for proceedings held before Judge J. Paul Oetken: Arraignment as to Ariel Oliver (3) Count 1,2 held on 6/24/2022. Plea entered by Ariel Oliver Not Guilty. Defendant present with attorney Patrick Brackley; AUSA Sarah Kusher present; Court Reporter present. Initial conference and arraignment held: Defendant arraigned and enters a plea of NOT GUILTY. The next pretrial conference is scheduled for 8/4/2022 at 2:00pm. Time is excluded to 8/4/2022. Detention continued. (See transcript for complete details.) (jbo) (Entered: 06/24/2022)
6/24/2022ORDER APPOINTING EMMA M. GREENWOOD AS COORDINATING DISCOVERY ATTORNEY as to Jowenky Nunez, Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte. (Signed by Judge J. Paul Oetken on 6/23/2022) (lnl) (Entered: 06/24/2022)
6/23/2022NOTICE OF ATTORNEY APPEARANCE: Conor McNamara appearing for Jose Gutierrez. Appearance Type: Retained. (McNamara, Conor) (Entered: 06/23/2022)
6/22/2022 MOTION to Seal Document 66 FIRST MOTION for Bond . . Document filed by Jose Gutierrez. (Attachments: # 1 Exhibit Financial documents in support of request for bond, # 2 Exhibit Financial documents in support of request for bond)(Caldarera, Joseph) (Entered: 06/22/2022)
6/22/2022FIRST MOTION for Bond . Document filed by Jose Gutierrez. (Caldarera, Joseph) (Entered: 06/22/2022)
6/22/2022MEMO ENDORSEMENT as to Victor Colon (7) granting 64 Motion to Modify Conditions of Release. ENDORSEMENT: Granted. So ordered. (Signed by Judge J. Paul Oetken on 6/22/2022) (lnl) (Entered: 06/22/2022)
6/21/2022FIRST MOTION to Modify Conditions of Release to permit travel. Document filed by Victor Colon. (Booth, Christopher) (Entered: 06/21/2022)
6/15/2022NOTICE as to Ariel Oliver: THE INITIAL CONFERENCE AND ARRAIGNMENT IS SCHEDULED FOR JUNE 24, 2022 AT 2:30PM. (bh) (Entered: 06/15/2022)
6/13/2022RULE 5(F) ORDER as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte. (Signed by Judge J. Paul Oetken on 6/13/22)(jbo) (Entered: 06/13/2022)
6/10/2022MEMO ENDORSEMENT as to Nijmah Marte (10) granting 60 LETTER MOTION addressed to Judge J. Paul Oetken from James E. Neuman dated 6/8/2022 re: request to modify conditions of release. ENDORSEMENT: Granted. (Signed by Judge J. Paul Oetken on 6/10/2022) (ap) (Entered: 06/10/2022)
6/9/2022Appearance Bond Entered as to Victor Colon: $100,000 Personal recognizance bond; To be cosigned by two financially responsible persons; Additional conditions..... (jbo) (Entered: 06/10/2022)
6/8/2022 LETTER MOTION addressed to Judge J. Paul Oetken from James E. Neuman dated 6/8/2022 re: request to modify conditions of release . Document filed by Nijmah Marte. (Neuman, James) (Entered: 06/08/2022)
6/6/2022Minute Entry for proceedings held before Judge J. Paul Oetken: Arraignment as to Jerrin Pena (2) Count 1,2 and Justin Deaza (4) Count 1,2 and Wilson Mendez (5) Count 1,2 and Jowenky Nunez (1) Count 1,2 and Brian Hernandez (6) Count 1,2 and Victor Colon (7) Count 1 and Jose Gutierrez (8) Count 1,2 and Nijmah Marte (10) Count 1,2 held on 6/6/2022. Plea entered by Jerrin Pena (2) Count 1,2 and Justin Deaza (4) Count 1,2 and Wilson Mendez (5) Count 1,2 and Jowenky Nunez (1) Count 1,2 and Brian Hernandez (6) Count 1,2 and Victor Colon (7) Count 1 and Jose Gutierrez (8) Count 1,2 and Nijmah Marte (10) Count 1,2 Not Guilty. Defendant Jowenky Nunez present with attorney Jeffrey Pittell by Valerie Gotlib; Jerrin Pena present with attorney Gary Kaufman; Justin Deaza present with attorney Valerie Gotlib, Wilson Mendez present with attorney Dawn Florio; Brian Hernandez present with attorney Evan Lipton; Victor Colon present with attorney Christopher Booth; Jose Gutierrez present with attorney Joseph Caldarera by Connor McNamara; Nijmah Marte present with attorney James Neuman; AUSA Ashley Nicolas, Sarah Kusher and Kevin Mead present; Court Reporter present. Initial conference and arraignment held: Each defendant arraigned and enters a plea of NOT GUILTY. The next pretrial conference is scheduled for 8/4/2022 at 2:00pm. Time is excluded to 8/4/2022. Bail continued as to all defendants Colon and Marte, detention continued as to the other defendants. (See transcript for complete details.) (jbo) (Entered: 06/13/2022)
6/6/2022NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Jose Gutierrez: Notice to Attorney Joseph Matthew Caldarera to RE-FILE Document 58 MOTION for Leave to Appear Arraignment by Conor McNamara o/b/o Joseph Caldarera Attorney: Joseph Caldarera, Esq. Use the event type Letter found under the event list Other Documents. (db) (Entered: 06/06/2022)
6/6/2022NOTICE OF ATTORNEY APPEARANCE: Conor McNamara appearing for Jose Gutierrez. Appearance Type: Retained. for arraignment on behalf of Joseph Caldarera, Esq. (McNamara, Conor) (Entered: 06/06/2022)
6/3/2022 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Leave to Appear Arraignment by Conor McNamara o/b/o Joseph Caldarera Attorney: Joseph Caldarera, Esq.. Document filed by Jose Gutierrez. (Caldarera, Joseph) Modified on 6/6/2022 (db). (Entered: 06/03/2022)
6/3/2022 LETTER MOTION addressed to Judge J. Paul Oetken from Jeffrey Pittell dated 6.3.22 re: Leave to allow counsel for a codefendant to appear on my behalf during the June 6, 2022 proceeding . Document filed by Jowenky Nunez. (Pittell, Jeffrey) (Entered: 06/03/2022)
5/24/2022TRANSCRIPT of Proceedings as to Victor Colon re: Hearing held on 5/5/2022 before Magistrate Judge Gabriel W. Gorenstein. 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 6/14/2022. Redacted Transcript Deadline set for 6/24/2022. Release of Transcript Restriction set for 8/22/2022. (js) (Entered: 05/24/2022)
5/23/2022NOTICE as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte: THE ARRAIGNMENT AND INITIAL CONFERENCE BEFORE JUDGE OETKEN IS SCHEDULED FOR JUNE 6, 2022 AT 11:00AM IN COURTROOM 318 OF 40 FOLEY SQUARE. (bh) (Entered: 05/23/2022)
5/19/2022Case Designated ECF as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte. (jm) (Entered: 05/23/2022)
5/19/2022 INDICTMENT FILED as to Jowenky Nunez (1) count(s) 1, 2, Jerrin Pena (2) count(s) 1, 2, Ariel Oliver (3) count(s) 1, 2, Justin Deaza (4) count(s) 1, 2, Wilson Mendez (5) count(s) 1, 2, Brian Hernandez (6) count(s) 1, 2, Victor Colon (7) count(s) 1, Jose Gutierrez (8) count(s) 1, 2, Argenis Tavarez (9) count(s) 1, Nijmah Marte (10) count(s) 1, 2. (jm) (Entered: 05/23/2022)
5/10/2022ENDORSED LETTER as to Nijmah Marte addressed to Magistrate Judge Barbara C. Moses from James Neuman, Esq dated 5/10/2022 re: USA v Nijmah Marte, 22 Mag 2591. Mr. Neuman respectfully request that the Court modified the condition of home incarceration to home detention. Ms. Marte was accepted into a program run by Exodus Transitional Inc. In order for Ms. Marte to participate in this program, her pretrial service officer suggested that we change the condition of home incarceration to one of home detention. Application Granted, SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 5/10/2022)(dif) [1:22-mj-02591-UA] (Entered: 05/11/2022)
5/10/2022 LETTER MOTION addressed to Magistrate Judge Barbara C. Moses from James E. Neuman dated 5/10/2022 re: request to modify conditions of release . Document filed by Nijmah Marte. (Neuman, James) [1:22-mj-02591-UA] (Entered: 05/10/2022)
5/5/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Bond Hearing as to Victor Colon held on 5/5/2022. Defendant present with CJA Christopher Booth. AUSA Sarah Kushner present for the Government. BAIL DISPOSITION: $100,000 Personal recognizance bond; To be cosigned by two financially responsible persons; Travel restricted to SDNY/EDNY; Surrender travel documents and no new applications; Pretrial supervision as directed by Pretrial Services; Drug testing and treatment; Mental health evaluation and treatment; Home incarceration; Location monitoring technology as directed by PTS; Deft not to possess firearm, destructive device, other weapon; Deft to be detained until all conditions are met; Request for bail granted as set forth herein. Other condition: No contact with co-defendants of any kind except in presence of counsel. Defendant advised by the Court of the right to be present, and consented to proceed by remote means. (jbo) [1:22-mj-02591-UA] (Entered: 05/05/2022)
5/5/2022MEMO ENDORSED granting 49 LETTER MOTION request to travel as to Nijmah Marte (10)... ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 5/5/22) (jbo) [1:22-mj-02591-UA] (Entered: 05/05/2022)
5/4/2022 LETTER MOTION addressed to Magistrate Judge Barbara C. Moses from James E. Neuman dated 5/4/2022 re: request to travel . Document filed by Nijmah Marte. (Neuman, James) [1:22-mj-02591-UA] (Entered: 05/04/2022)
5/3/2022LETTER RESPONSE in Opposition by USA as to Victor Colon addressed to Magistrate Judge Gabriel W. Gorenstein from USA dated April 29, 2022 re: 44 FIRST MOTION for Bond .. (Kushner, Sarah) [1:22-mj-02591-UA] (Entered: 05/03/2022)
4/29/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jowenky Nunez. Notice is hereby given that an official transcript of a Conference proceeding held on 3/29/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) [1:22-mj-02591-UA] (Entered: 04/29/2022)
4/29/2022TRANSCRIPT of Proceedings as to Jowenky Nunez re: Conference held on 3/29/22 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/20/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/28/2022. (Moya, Goretti) [1:22-mj-02591-UA] (Entered: 04/29/2022)
4/22/2022ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Brian Hernandez, Victor Colon, Jose Gutierrez, Nijmah Marte. Time excluded from 4/22/22 until 5/23/22 for Jerrin Pena, Wilson Mendez, Victor Colon, Jose Gutierrez, and Nijmah Marte. Time excluded from 4/22/22 until 5/25/22 for Jowenky Nunez. Time excluded from 4/22/22 until 5/27/22 for Ariel Oliver. Time excluded from 4/22/22 until 6/1/22 for Brian Hernandez. Time excluded from 4/22/22 until 6/6/22 for Brian Hernandez. [***Application by AUSA Kevin Mead requesting the extension is attached.] (Signed by Magistrate Judge Stewart D. Aaron on 4/22/22)(C.R) [1:22-mj-02591-UA] (Entered: 04/22/2022)
4/20/2022FIRST MOTION for Bond . Document filed by Victor Colon. (Booth, Christopher) [1:22-mj-02591-UA] (Entered: 04/20/2022)
4/8/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jerrin Pena. Notice is hereby given that an official transcript of a Conference proceeding held on 3/30/22 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) [1:22-mj-02591-UA] (Entered: 04/08/2022)
4/8/2022TRANSCRIPT of Proceedings as to Jerrin Pena re: Conference held on 3/30/22 before Judge Denise L. Cote. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/29/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/7/2022. (Moya, Goretti) [1:22-mj-02591-UA] (Entered: 04/08/2022)
4/6/2022ORDER as to Brian Hernandez.. (Signed by Magistrate Judge Jennifer E Willis on 4/6/2022)(dif) [1:22-mj-02591-UA] (Entered: 04/15/2022)
4/6/2022RULE 5(F) ORDER as to Brian Hernandez. (Signed by Magistrate Judge Jennifer E Willis on 4/6/2022) (ap) [1:22-mj-02591-UA] (Entered: 04/06/2022)
4/5/2022Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Initial Appearance as to Brian Hernandez held on 4/5/2022., Deft Appears with CJA Attorney Evan Lipton and AUSA Sarah Kushner for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing 5/5/2022 (dif) [1:22-mj-02591-UA] (Entered: 04/06/2022)
4/5/2022Attorney update in case as to Brian Hernandez. Attorney Evan Loren Lipton for Brian Hernandez added.. (dif) [1:22-mj-02591-UA] (Entered: 04/06/2022)
4/5/202238CJA 23 Financial Affidavit by Brian Hernandez. (Signed by Magistrate Judge Jennifer E Willis) (CJA Attorney Evan Lipton Appointed) (dif) [1:22-mj-02591-UA] (Entered: 04/06/2022)
4/4/2022Arrest of Brian Hernandez. (dif) [1:22-mj-02591-UA] (Entered: 04/06/2022)
4/4/2022NOTICE OF ATTORNEY APPEARANCE: Dawn M Florio appearing for Wilson Mendez. Appearance Type: Retained. Dawn M. Florio (Florio, Dawn) [1:22-mj-02591-UA] (Entered: 04/04/2022)
3/31/2022NOTICE OF ATTORNEY APPEARANCE: Christopher Booth appearing for Victor Colon. Appearance Type: Retained. (Booth, Christopher) [1:22-mj-02591-UA] (Entered: 03/31/2022)
3/31/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Initial Appearance as to Justin Deaza held on 3/31/2022., deft Appears with CJA Attorney Valerie Gotlib and AUAA Kevin Mead for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing 5/2/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/31/2022)
3/31/2022Attorney update in case as to Justin Deaza. Attorney Valerie Alice Gotlib for Justin Deaza added.. (dif) [1:22-mj-02591-UA] (Entered: 03/31/2022)
3/31/202235CJA 23 Financial Affidavit by Justin Deaza. (Signed by Magistrate Judge Sarah L Cave) (CJA Attorney Valerie Gotlib Appointed) (dif) [1:22-mj-02591-UA] (Entered: 03/31/2022)
3/31/2022Arrest of Justin Deaza. (dif) [1:22-mj-02591-UA] (Entered: 03/31/2022)
3/30/2022ORDER as to Jerrin Pena. For the reasons set forth on the record, it is hereby ORDERED that the bail conditions set forth on March 23, 2022, are rescinded and the defendant is remanded into the custody of the U.S. Marshalls to be held pending indictment and trial. SO ORDERED (Signed by Judge Denise L. Cote on 3/30/2022)(jw) [1:22-mj-02591-UA] (Entered: 03/30/2022)
3/30/2022Attorney update in case as to Jerrin Pena (1). Attorney Daniel Steven Parker terminated. (bw) [1:22-mj-02591-UA] (Entered: 03/30/2022)
3/30/2022Minute Entry for proceedings held before Judge Denise L. Cote: Bond Hearing (Bail Appeal) as to Jerrin Pena held on 3/30/2022. Today's proceeding was held in person, in Courtroom 18B. Defendant present with CJA attorney Daniel Parker and retained attorney Gary Kaufman. Assistant U.S. Attorney Ashley Nicolas present. Pretrial Services Officer Laura Gialanella. Court reporter Michael McDaniel present. CJA counsel Daniel Parker relieved as counsel for defendant. Arguments heard on the defendants bail package. Finding on the record that there is a danger to the community if the defendant is released on bail. The bail conditions set on March 23, 2022 are rescinded and the defendant is remanded into the custody of the U.S. Marshals for pretrial detention. (see transcript.) (bw) [1:22-mj-02591-UA] (Entered: 03/30/2022)
3/30/2022MEMO ENDORSED denying 30 LETTER MOTION request to be relieved and excused from appearance as to Jerrin Pena (1)... DENIED. (Signed by Judge Denise L. Cote on 3/30/22) (jbo) [1:22-mj-02591-UA] (Entered: 03/30/2022)
3/30/2022Minute Entry for proceedings held before Judge Katherine Polk Failla:Evidentiary Hearing as to Jowenky Nunez held on 3/30/2022. Defendant Jowenky Nunez present with attorney Jeffrey G. Pittell. AUSAs Kevin Bowmar Mead and Ashley Carolyn Nicolas present. PTSO Laura Gialanella present. Court reporter Mike McDaniel present. CJA Attorney Carla Sanderson appointed as attorney to Ms. Ramirez for the purposes of her possible testimony at this hearing. Witness testimony and evidence entered. Government rests; hearing is continued sine die. Defendant shall inform the Court if he wishes to proceed with the evidentiary hearing with regard to Government's bail appeal. Defendant continued remanded. (See transcript.) (jw) [1:22-mj-02591-UA] (Entered: 04/06/2022)
3/29/2022Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Initial Appearance as to Ariel Oliver held on 3/29/2022., Deft Appears with Retained Attorney Patrick Brackley and AUSA Ashley Nicolas for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing 4/27/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/29/2022)
3/29/2022ORAL CONSENT TO PROCEED BY VIDEO OR TELE CONFERENCE as to Ariel Oliver. (Signed by Magistrate Judge Sarah L Cave on 3/29/2022)(dif) [1:22-mj-02591-UA] (Entered: 03/29/2022)
3/29/2022Attorney update in case as to Ariel Oliver. Attorney Patrick Jerome Brackley for Ariel Oliver added.. (dif) [1:22-mj-02591-UA] (Entered: 03/29/2022)
3/29/2022Arrest of Ariel Oliver. (dif) [1:22-mj-02591-UA] (Entered: 03/29/2022)
3/29/2022NOTICE OF ATTORNEY APPEARANCE: Daniel Steven Parker appearing for Jerrin Pena. Appearance Type: CJA Appointment. (Parker, Daniel) [1:22-mj-02591-UA] (Entered: 03/29/2022)
3/29/2022FIRST LETTER MOTION addressed to Judge Denise L. Cote from Daniel S. Parker dated March 29, 2022 re: request to be relieved and excused from appearance. Document filed by Jerrin Pena. (Parker, Daniel) [1:22-mj-02591-UA] (Entered: 03/29/2022)
3/29/2022NOTICE OF ATTORNEY APPEARANCE: Gary Matthew Kaufman appearing for Jerrin Pena. Appearance Type: Retained. (Kaufman, Gary) [1:22-mj-02591-UA] (Entered: 03/29/2022)
3/29/2022ORAL ORDER as to Jowenky Nunez. Bond Hearing set for 3/30/2022 at 04:00 PM before Judge Katherine Polk Failla. (By Judge Katherine Polk Failla, Part I, on 3/29/2022) (bw) [1:22-mj-02591-UA] (Entered: 03/29/2022)
3/29/2022Minute Entry for proceedings held before Judge Katherine Polk Failla, Part I: Bond Hearing as to Jowenky Nunez held on 3/29/2022. Defendant Jowenky Nunez present with attorney Jeffrey G. Pittell. AUSA Kevin Bowmar Mead present. PTSO Laura Gialanella present. Court reporter Lisa Franko present. The bail appeal hearing is continued to 3/30/2022 at 4:00 p.m. Defendant continued remanded. (See transcript.) (bw) [1:22-mj-02591-UA] (Entered: 03/29/2022)
3/25/2022NOTICE OF ATTORNEY APPEARANCE: Joseph Matthew Caldarera appearing for Jose Gutierrez. Appearance Type: Retained. (Caldarera, Joseph) [1:22-mj-02591-UA] (Entered: 03/25/2022)
3/24/2022Minute Entry for proceedings held before Judge Denise L. Cote: Bond Appeal Hearing as to Jerrin Pena held on 3/24/2022. Today's proceeding was held in person, in Courtroom 18B Attorney for the defendant Daniel Parker present with defendant not present. Assistant U.S. Attorney Ashley Nicolas present. Court reporter Sonyah Moore present. Pretrial Officer Dayshawn Bostic for Laura Gialanella present. This hearing is adjourned until March 30 at 2:00 PM to allow defendant and defense counsel to both be present. (see transcript.) (Bond Hearing set for 3/30/2022 at 02:00 PM before Judge Unassigned.) (jbo) [1:22-mj-02591-UA] (Entered: 03/28/2022)
3/24/2022Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Jowenky Nunez held on 3/24/2022., Detention Hearing as to Jowenky Nunez held on 3/24/2022, Deft Appears with CJA Attorney Jeffrey Pittell and AUSA Ashley Nicolas for the government. $100,000 PRB; 3 FRP'S; Travel Limited to SDNY/EDNY & D. MASS (For Court Appearances, and Points in Between to Travel Only); Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Submit to Urinalysis, If Positive, Add Condition of Drug Testing/Treatment; Home Incarceration; Location Monitoring Technology As Directed by PTS; Deft to Continue or Start Education Program; Deft Not to Possess Firearm/Destructive Device/Other Weapon; Deft to Be Detained Until All Conditions Are Met; Deft to Serve Home Incarceration at Home of his Mother, Yanette Ramirez, 1212 Tinton Avenue, Apt, 3, Bronx, NY; Ms. Ramirez to Serve As Third Party Custodian and Sign Bond (Even If Not FRP) for Moral Suasion; ( Preliminary Hearing 4/25/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/25/2022)
3/24/2022Attorney update in case as to Jowenky Nunez. Attorney Jeffrey G. Pittell for Jowenky Nunez added.. (dif) [1:22-mj-02591-UA] (Entered: 03/25/2022)
3/24/202225CJA 23 Financial Affidavit by Jowenky Nunez. (Signed by Magistrate Judge Barbara C. Moses) (CJA Attorney Jeffrey Pittell Appointed) (dif) [1:22-mj-02591-UA] (Entered: 03/25/2022)
3/24/2022Arrest of Jowenky Nunez. (dif) [1:22-mj-02591-UA] (Entered: 03/25/2022)
3/23/202218ORDER FOR MEDICAL TREATMENT as to Jose Gutierrez.. (Signed by Magistrate Judge Barbara C. Moses on 3/23/2022)(dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/2022Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Jose Gutierrez held on 3/23/2022., Deft Appears with CJA Attorney Jacqueline Cistaro and AUSA Kevin Mead for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing 4/22/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/2022Attorney update in case as to Jose Gutierrez. Attorney Jacqueline Elaine Cistaro for Jose Gutierrez added.. (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/202216CJA 23 Financial Affidavit by Jose Gutierrez. (Signed by Magistrate Judge Barbara C. Moses) (CJA Attorney Jacqueline Cistaro Appointed) (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/2022ORDER as to Jerrin Pena. On March 23, 2022, Magistrate Judge Barbara Moses ordered defendant Jerrin Pena released upon satisfaction of bail conditions. The Government notified the Court of its intent to appeal pursuant to 18 U.S.C. § 3145(a). It is hereby ORDERED that a conference shall be held in Courtroom 18B, 500 Pearl Street on March 24, 2022 at 1:00 p.m. In light of the ongoing COVID-19 pandemic, IT IS FURTHER ORDERED that all individuals seeking entry to 500 Pearl Street must complete a questionnaire before being allowed entry into the courthouse. To gain entry to 500 Pearl Street, follow the instructions provided here..... (Signed by Judge Denise L. Cote on 3/23/22)(jbo) [1:22-mj-02591-UA] (Entered: 03/24/2022)
3/23/2022Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Jerrin Pena held on 3/23/2022., Detention Hearing as to Jerrin Pena held on 3/23/2022, Deft Appears with CJA Attorney Daniel Parker and AUSA Ashley Nicolas for the government. $100,000 PRB 3 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Drug Testing/Treatment As Directed by PTS; Home Incarceration; Location Monitoring Technology As Directed by PTS; Deft to Continue or Start Education Program; Deft Not to Possess Firearm/Destructive Device/Other Weapon; Deft to Be Detained Until All Conditions Are Met; Deft to Reside with his Mother at 1068 Ward Avenue, Bronx,on Home Incarceration; Deft to Have No Contact with Co-Defendants Direct or Indirect Except in the Presence of Counsel; ( Preliminary Hearing set for 4/22/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/2022Attorney update in case as to Jerrin Pena. Attorney Daniel Steven Parker for Jerrin Pena added.. (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/20223CJA 23 Financial Affidavit by Jerrin Pena. (Signed by Magistrate Judge Barbara C. Moses) (CJA Attorney Daniel Parker Appointed) (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/2022Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Wilson Mendez held on 3/23/2022., Deft Appears with CJA Attorney David Bertan and AUSA Kevin Mead for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing 4/22/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/2022Attorney update in case as to Wilson Mendez. Attorney David Keith Bertan for Wilson Mendez added.. (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/20228CJA 23 Financial Affidavit by Wilson Mendez. (Signed by Magistrate Judge Barbara C. Moses) (CJA Attorney David Bertan Appointed) (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/2022Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Victor Colon held on 3/23/2022., Deft Appears with CJA Attorney Richard Palma and AUSA Kevin Mead for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing r 4/22/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/2022Attorney update in case as to Victor Colon. Attorney Richard Palma for Victor Colon added.. (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/202213CJA 23 Financial Affidavit by Victor Colon. (Signed by Magistrate Judge Barbara C. Moses) (CJA Attorney Richard Palma Appointed) (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/2022PRB Bond Entered as to Nijmah Marte in amount of $ 100,000, 3 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Drug Testing/Treatment As Directed by PTS; Mental Health Evaluation/Treatment As Directed by PTS; Home Incarceration; Location Monitoring Technology As Directed by PTS; Deft to Continue or Seek Employment; or Deft to Continue or Start Education Program; Deft Not to Possess Firearm/Destructive Device/Other Weapon; Deft to Be Released on Own Signature, Plus the Following Conditions; Location Monitoring Set Up; Remaining Conditions to Be Met by 4/6/2022; Deft to Have No Contact with Co-Defendants Direct or Indirect, Except in the Presence of Counsel; Home Incarceration in Home of Nicory Silfa (Deft's Brother's Girlfriend), 4215 Park Avenue, Bronx (dif)[1:22-mj-02591-UA] (Main Document 23 replaced on 5/26/2022) (jbo). (Entered: 03/23/2022)
3/23/2022Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Nijmah Marte held on 3/23/2022., Deft Appears with CJA Attorney James Neuman and AUSA Kevin Mead and Ashley Nicolas for the government. AGREED CONDITIONS OF RELEASE: $100,000 PRB; 3 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Mental Health Evaluation/Treatment As Directed by PTS; Home Incarceration; Location Monitoring Technology As Directed by PTS; Deft to Continue or Seek Employment; or Deft to Continue or Start Education Program; Deft Not to Possess Firearm/Destructive Device; Deft to Be Released on Own Signature, Plus the Following Conditions; Location Monitoring Set Up; Remaining Conditions to Be Met by 4/6/2022; Deft to Have No Contact with Co-Defendants Direct or Indirect, Except in the Presence of Counsel; Home Incarceration in Home of Nicory Silfa (Deft's Brother's Girlfriend), 4215 Park Avenue, Bronx; ( Preliminary Hearing 4/22/2022 (dif) Modified on 3/23/2022 (dif). [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/2022Attorney update in case as to Nijmah Marte. Attorney James E Neuman for Nijmah Marte added.. (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/23/202221CJA 23 Financial Affidavit by Nijmah Marte. (Signed by Magistrate Judge Barbara C. Moses) (CJA Attorney James Neuman Appointed) (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/22/2022Arrest of Jose Gutierrez. (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/22/2022Arrest of Jerrin Pena. (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/22/2022Arrest of Wilson Mendez. (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/22/2022Arrest of Victor Colon. (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/22/2022Arrest of Nijmah Marte. (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/17/2022SEALED ORAL ORDER as to Sealed Defendant 1. (Signed by Magistrate Judge Robert W. Lehrburger on 3/17/2022)(dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
3/17/2022 COMPLAINT as to Jerrin Pena (1), Ariel Oliver (2), Justin Deaza (3), Jowenky Mendez (4), Jowenky Nunez (5), Brian Hernandez (6), Victor Colon (7), Jose Gutierrez (8), Argenis Tavarez (9), Nijmah Marte (10). In Violation of 21 U.S.C. 846; 18 U.S.C. 924 (c) (Signed by Magistrate Judge Robert W. Lehrburger) (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)