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USA v. SMITH

1:22-cr-00352 | New York Southern District Court

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Division Foley Square
Judge Judge Jed S. Rakoff
Filed June 23, 2022
Terminated Aug. 26, 2024
Case Flags CLOSED, APPEAL, and ECF
Last Updated: 3 months ago Show Interactive Timeline
Filing Date # Docket Text
10/18/2024
  • Order
ORDER as to Jatiek Smith as follows: ORDERED that the Clerk.of Court shall make available to Russell Capone, counsel ofrecord for Defendant in this action and in his pending appeal, all filings submitted on this docketcurrently maintained under seal, and permit counsel to obtain copies of the same.ORDERED that the Clerk of Court shall ensure that all filings submitted on this docketcurrently maintained under seal are included, maintaining their seal, in the record transmitted tothe Court of Appeals for Defendant's pending appeal, United States v. Jatiek Smith, Case Number24-1680. (Signed by Judge Jed S. Rakoff on 10/18/24)(jm) (Entered: 10/18/2024)
10/11/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Octavio Peralta. Notice is hereby given that an official transcript of a Sentence proceeding held on 8/21/2024 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: 10/11/2024)
10/11/2024TRANSCRIPT of Proceedings as to Octavio Peralta re: Sentence held on 8/21/2024 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Devon Gerber, (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 11/1/2024. Redacted Transcript Deadline set for 11/12/2024. Release of Transcript Restriction set for 1/9/2025. (McGuirk, Kelly) (Entered: 10/11/2024)
10/8/2024408SEALED DOCUMENT placed in vault. (nmo) (Entered: 10/08/2024)
10/8/2024407SEALED DOCUMENT placed in vault. (nmo) (Entered: 10/08/2024)
10/8/2024406SEALED DOCUMENT placed in vault. (nmo) (Entered: 10/08/2024)
8/26/2024
  • Motion for Judgment
JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 8/21/2024. Defendant Octavio Peralta (9) pleaded guilty to Count(s) 1 and 2. IMPRISONMENT: On counts 1 and 2: Time Served. SUPERVISED RELEASE: On counts 1 and 2: Three (3) years. All terms on all counts to run concurrent to each other. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision: 1. The defendant shall provide the. Probation Officer with access to any requested financial information. 2. The Court recommends the defendant be supervised in his district of residence. ASSESSMENT: $200.00, due immediately. (Signed by Judge Jed S. Rakoff on 8/23/2024) (bw) (Entered: 08/26/2024)
8/23/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Carl Walsh. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/22/2024 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: 08/23/2024)
8/23/2024TRANSCRIPT of Proceedings as to Carl Walsh re: Sentence held on 7/22/2024 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Devon Gerber, (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 9/13/2024. Redacted Transcript Deadline set for 9/23/2024. Release of Transcript Restriction set for 11/21/2024. (McGuirk, Kelly) (Entered: 08/23/2024)
8/21/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 8/21/2024 for Octavio Peralta (9) Count 1,2. On August 21, 2024 Judge Rakoff held a sentencing. Present were the defendant and his counsel, Barry Zone, AUSA Rushmi Bhaskaran, AUSA Elizabeth Espinosa, AUSA Marguerite Colson for the Government, and a court reporter. Sentence: On counts 1 and 2: Time served, 3 years supervised release, all terms on both counts to run concurrent. $200 special assessment. (ap) (Entered: 08/23/2024)
8/12/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Manuel Pereira. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/1/2024 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: 08/12/2024)
8/12/2024TRANSCRIPT of Proceedings as to Manuel Pereira re: Sentence held on 7/1/2024 before Judge Jed S. Rakoff. 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 9/3/2024. Redacted Transcript Deadline set for 9/12/2024. Release of Transcript Restriction set for 11/12/2024. (McGuirk, Kelly) (Entered: 08/12/2024)
7/25/2024
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Carl Walsh (10). THE DEFENDANT: pleaded guilty to counts 1 and 2. IMPRISONMENT: On counts 1 and 2: Time Served, to run concurrent on both counts. SUPERVISED RELEASE: On counts 1 and 2: Two (2) years. All terms on all counts to run concurrent to each other. ASSESSMENT: $200.00 due immediately. (Signed by Judge Jed S. Rakoff on 7/23/2024) (ap) (Entered: 07/25/2024)
7/24/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Carl Walsh (10) Guilty as to Count 1,2. (ap) (Entered: 07/24/2024)
7/22/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 7/22/2024 for Carl Walsh (10) Count 1,2. On July 22, 2024 Judge Rakoff held a sentencing. Present were the defendant and his counsel, Sean Dwyer, AUSAs Rushmi Bhaskaran, Elizabeth Espinosa and Marguerite Colson for the Government, and a court reporter. Sentence: Time served, 2 years supervised release, concurrent on both counts, $200 assessment. (ap) (Entered: 07/24/2024)
7/16/2024
  • Order
ORDER as to (22-Cr-352-3) Anthony McGee. The Court has received a pro se motion for sentence reduction from defendant Anthony McGee. His motion will be placed on the docket concurrently with this Order. McGee moves to reduce his 60-month sentence to time served under what is colloquially called the "compassionate release" statute, 18 U.S.C. § 3582(c)(1)(A). The compassionate release statute provides that after certain administrative exhaustion requirements are met, the Court may reduce a defendant's sentence if it finds that (1) "extraordinary and compelling reasons warrant such a reduction" and (2) the 18 U.S.C. § 3553(a) factors weigh in favor of a reduction. See United States v. Keitt, 21 F.4th 67, 71 (2d Cir. 2021). McGee raises three arguments for compassionate release....[*** See this Order ***]... Finally, even if McGee had demonstrated "extraordinary and compelling" circumstances, the Court is not convinced that the factors in 18 U.S.C. § 3553(a) would justify the requested sentence reduction, given that the Court imposed its original sentence so recently. Accordingly, for the above reasons, McGee's motion for compassionate release is hereby denied. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/15/2024) (bw) (Entered: 07/16/2024)
7/16/2024
  • Motion for Reconsideration
MOTION for Reconsideration in my sentence. Document filed by (22-Cr-352-3) Anthony McGee. (bw) (Entered: 07/16/2024)
7/9/2024
  • Order
ORDER as to Manuel Pereira. The Court hereby accepts the guilty plea received in this case on November 4, 2022 by Mag. Judge Moses. (Signed by Judge Jed S. Rakoff on 7/9/24)(jbo) (Entered: 07/09/2024)
7/5/2024TRANSCRIPT REQUEST by Jatiek Smith for a Conference proceeding held on 10/7/2022, 4/27/2023, 5/23/2023, 7/19/2023, 10/23/2023 before Judge Jed S. Rakoff re: 392 Notice of Appeal - Final Judgment. Transcript due by 7/15/2024. (Capone, Russell) (Entered: 07/05/2024)
7/2/2024
  • Motion for Judgment
JUDGMENT in a Criminal Case as to Manuel Pereira (8). The defendant pleaded guilty to Count(s) 1, 2. Imprisonment: Time served, concurrent. Supervised release: Three years, all terms to run concurrent. Assessment: $200.00 due immediately. (Signed by Judge Jed S. Rakoff on 7/2/24)(jbo) (Entered: 07/09/2024)
7/1/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 7/1/2024 for Manuel Pereira (8) Count 1,2. Present were the defendant and his counsel, Thomas Ambrosio, AUSAs Rushmi Bhaskaran, Elizabeth Espinosa, Marguerite Colson for the Government and a court reporter. SENTENCE: On counts 1 & 2: Time served, 3 years supervised release, $200 assessment. (jbo) (Entered: 07/09/2024)
6/26/2024SENTENCING SUBMISSION by Manuel Pereira. (Attachments: # 1 Exhibit Support Letters)(Ambrosio, Thomas) (Entered: 06/26/2024)
6/24/2024SENTENCING SUBMISSION by Manuel Pereira. (Ambrosio, Thomas) (Entered: 06/24/2024)
6/21/2024Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Jatiek Smith re: 392 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 06/21/2024)
6/21/2024Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Jatiek Smith to US Court of Appeals re: 392 Notice of Appeal - Final Judgment. (tp) (Entered: 06/21/2024)
6/21/2024Appeal Remark as to Jatiek Smith re: 392 Notice of Appeal - Final Judgment. $605.00 Appeal Fee Waived. Attorney CJA. (tp) (Entered: 06/21/2024)
6/21/2024NOTICE OF APPEAL by Jatiek Smith from 386 Judgment and various Pre-trial Orders. (tp) (Entered: 06/21/2024)
6/20/2024391SEALED DOCUMENT placed in vault. (nmo) (Entered: 06/20/2024)
6/20/2024390SEALED DOCUMENT placed in vault. (nmo) (Entered: 06/20/2024)
6/18/2024
  • Order
ORDER as to Jatiek Smith. It is hereby ORDERED that this Court's appointment of Criminal Justice Act Attorney Russell Capone to represent Mr. Smith for the purposes of sentencing be continued, pursuant to the Criminal Justice Act, to include any appeal of the above-captioned matter. (Signed by Judge Jed S. Rakoff on 6/18/24)(jw) (Entered: 06/18/2024)
6/17/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jatiek Smith. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/3/2024 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: 06/17/2024)
6/17/2024TRANSCRIPT of Proceedings as to Jatiek Smith re: Sentence held on 6/3/2024 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Devon Gerber, (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 7/8/2024. Redacted Transcript Deadline set for 7/18/2024. Release of Transcript Restriction set for 9/16/2024. (McGuirk, Kelly) (Entered: 06/17/2024)
6/12/2024
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Jatiek Smith (1). The defendant was found guilty on counts 1 and 2 after a plea of not guilty. IMPRISONMENT: On count 1: Twelve (12) years. On count 2: Twelve (12) year, to run concurrent to each other. The court makes the following recommendations to the Bureau of Prisons:Incarceration in a facility that can address the defendant's medical issues preferably on the east coast between New York and North Carolina. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: On count 1: Three (3) years. On count 2: Three (3) years, all terms on all counts to run concurrent to each other. ASSESSMENT: $200.00 due immediately. RESTITUTION: $391,946.44. (Signed by Judge Jed S. Rakoff on 6/11/2024) (lnl) (Entered: 06/12/2024)
6/11/2024
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Sequan Jackson (2). The Defendant pleaded guilty to counts 1, 2, 3, 4. Counts of the underlying indictments are dismissed on the motion of the United States. IMPRISONMENT: On counts 1,2,3 and 4: Time served, concurrent on all counts. The defendant is released from custody. SUPERVISED RELEASE: On counts 1,2,3 and 4: Three (3) years, all terms on all counts to run concurrent. ASSESSMENT: $400.00 due immediately. (Signed by Judge Jed S. Rakoff on 6/6/2024) (lnl) (Entered: 06/11/2024)
6/11/2024DISMISSAL OF COUNTS on Government Motion as to Sequan Jackson (2) Count 1,2. (lnl) (Entered: 06/11/2024)
6/11/2024
  • Order
PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Jatiek Smith. (Signed by Judge Jed S. Rakoff on 6/3/2024) (See ORDER as set forth) (lnl) (Entered: 06/11/2024)
6/10/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Octavio Peralta held on 6/10/2024. A telephonic conference was held on June 10, 2024, without transcription or recording during which counsel for the Government and Mr. Peralta were present. The Court granted the defendant's request to adjourn his sentencing hearing from July 16, 2024 to August 21, 2024 at 4 PM. (Sentencing set for 8/21/2024 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 06/11/2024)
6/10/2024
  • Order
ORDER OF RESTITUTION as to Jatiek Smith. (Signed by Judge Jed S. Rakoff on 6/10/2024) (See ORDER as set forth) (lnl) (Entered: 06/10/2024)
6/10/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Jatiek Smith held on 6/10/2024. A telephonic conference was held June 10, 2024, without transcription or recording during which counsel for Mr. Smith and the Government were present. Counsel for Mr. Smith informed the Court that his client did not have any objections to the proposed restitution order previously submitted by the Government. The Court agreed to appoint defendants current counsel as counsel for purposes of any appeal, and directed counsel to submit a proposed order to that effect. (ap) (Entered: 06/10/2024)
6/3/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 6/3/2024 for Jatiek Smith (1) Count 1,2. Present were the defendant and his counsel, Russel Capone, and AUSAs Rushmi Bhaskaran, Elizabeth Espinosa and Marguerite Colson for the Government and a court reporter. The Court denies the defense's objections to the PSR and it is adopted. SENTENCE: On counts 1 & 2: 12 years prison, remanded, to run concurrent to each other, $200 assessment, 3 years supervised release on each count, all terms to run concurrent. (jbo) (Entered: 06/12/2024)
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