USA v. SILVA

1:23-cr-00204 | New York Southern District Court

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Division Foley Square
Judge Judge Paul G. Gardephe
Filed April 18, 2023
Case Flags APPEAL, ECF, and INTAPP
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5 Days
  • 4/8/2025
( Sentencing set for 4/8/2025 at 03:00 PM before Judge Paul G. Gardephe.
The Defendant's sentencing is adjourned to April 8, 2025, at 3:00 p.m. SO ORDERED.
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8 Days
  • 4/11/2025
Redacted Transcript Deadline set for 4/11/2025.
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9 Weeks
  • 6/9/2025
Release of Transcript Restriction set for 6/9/2025.
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Filing Date # Docket Text
3/21/2025~Util - Set/Reset Deadlines/Hearings, Memo Endorsement
3/21/2025Letter Motion
3/13/2025DECLARATION of Todd A. Spodek in Support as to Bruce Melvin re: 298 FIRST MOTION for Extension of Time to File Notice of Appeal.. (Spodek, Todd) (Entered: 03/13/2025)
3/11/2025FIRST MOTION for Extension of Time to File Notice of Appeal. Document filed by Bruce Melvin. (Attachments: # 1 Affidavit Declaration of Todd A. Spodek)(Spodek, Todd) (Entered: 03/11/2025)
3/11/2025NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Bruce Melvin. Notice is hereby given that an official transcript of a Sentence proceeding held on 2/6/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/11/2025)
3/11/2025TRANSCRIPT of Proceedings as to Bruce Melvin re: Sentence held on 2/6/2025 before Judge Paul G. Gardephe. 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 4/1/2025. Redacted Transcript Deadline set for 4/11/2025. Release of Transcript Restriction set for 6/9/2025. (McGuirk, Kelly) (Entered: 03/11/2025)
3/10/2025LETTER by (23-Cr-204-2) Bruce Melvin addressed to Judge Paul G. Gardephe from Bruce Melvin dated February 19, 2025 re: NOTICE OF INTENT TO APPEAL. (bw) (Entered: 03/10/2025)
2/12/2025JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 2/6/2025. Defendant Bruce Melvin (2) pleaded guilty to Count(s) 1, 5, 12. Count(s) all open counts are dismissed on the motion of the United States. IMPRISONMENT: six years' imprisonment on Count One, seven years' imprisonment on Count Five, and seven years' imprisonment on Count Twelve, with all sentences to run consecutively. - The court makes the following recommendations to the Bureau of Prisons: It is recommended that the Defendant be considered for entry into the Bureau of Prisons' RDAP program. It is recommended that the Defendant be designated to the Federal Correctional Institution at Fort Dix. If FCI Fort Dix is unavailable, it is recommended the Defendant be designated to FCI Danbury or FCI Fairton. - The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: three years' on Count One, five years' on Count Five, and five years' on Count Twelve, with all supervised release terms to run concurrently. Standard Conditions of Supervision (See page 5 of Judgment). Special Conditions of Supervision (See page 6 of Judgment). ASSESSMENT: $300.00, due immediately. (Signed by Judge Paul G. Gardephe on 2/10/2025) (bw) (Entered: 02/12/2025)
2/12/2025DISMISSAL OF COUNTS on Government Motion as to Bruce Melvin (2) Count 4,9,10,11,19,20. (bw) (Entered: 02/12/2025)
2/6/2025Minute Entry for proceedings held before Judge Paul G. Gardephe: Sentencing held on 2/6/2025 for Bruce Melvin (2) Count 1,5,12. Sentence held. Defendant B. Melvin present with attorney Todd Spodek. AUSAs Michael Herman and Matthew King present. Court reporter present. The defendant is sentenced to 20 years imprisonment to be followed by 5 years of supervised release. (bw) (Entered: 02/07/2025)
2/5/2025Sentencing Letter by Bruce Melvin addressed to Judge Paul G. Gardephe from Todd A. Spodek dated 02/05/2025 re: Amending Defendant's Sentencing Submission. (Attachments: # 1 Exhibit E (Inmate Work Performance Rating), # 2 Exhibit F (Inmate Transcript))(Spodek, Todd) (Entered: 02/05/2025)
1/23/2025SENTENCING SUBMISSION by USA as to Bruce Melvin. (Herman, Michael) (Entered: 01/23/2025)
1/16/2025SENTENCING SUBMISSION by Bruce Melvin. (Attachments: # 1 Exhibit A (Sentencing Letters 1-21), # 2 Exhibit B (Judge Brown's Memorandum of Decision & Order), # 3 Exhibit C (Notices sent to MDC Brooklyn Inmates), # 4 Exhibit D (Certificates of Completion from MDC Brooklyn))(Spodek, Todd) (Entered: 01/16/2025)
12/20/2024ORDER as to Bruce Melvin. Sentencing is adjourned to February 6, 2025, at 2:00 p.m. Defense submissions are due January 16, 2025. The Government's sentencing submission is due January 23, 2025. No further adjournments of the sentencing date will be granted (Defense submission due by 1/16/2025., Responses due by 1/23/2025, Sentencing set for 2/6/2025 at 02:00 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 12/20/24)(jw) (Entered: 12/20/2024)
12/9/2024SECOND LETTER MOTION addressed to Judge Paul G. Gardephe from Todd A. Spodek dated 12/09/2024 re: Continuance of the Sentencing Hearing w/o objection . Document filed by Bruce Melvin. (Spodek, Todd) (Entered: 12/09/2024)
12/5/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gabriel Valdez. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/30/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/05/2024)
12/5/2024TRANSCRIPT of Proceedings as to Gabriel Valdez re: Sentence held on 10/30/2024 before Judge Paul G. Gardephe. 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 12/26/2024. Redacted Transcript Deadline set for 1/6/2025. Release of Transcript Restriction set for 3/5/2025. (McGuirk, Kelly) (Entered: 12/05/2024)
12/5/2024ORDER as to Bruce Melvin: The sentencing in this matter scheduled for December 13, 2024 is adjourned to January 7, 2025, at 11:00 a.m. The sentencing will take place in Courtroom 705, United States Courthouse, 40 Foley Square, New York, New York. The Defendant's sentencing submission is due on December 24, 2024. The Government's sentencing submission is due on December 31, 2024. (Sentencing set for 1/7/2025 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 12/5/2024) (ap) (Entered: 12/05/2024)
11/26/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from Todd A. Spodek dated 11/26/2024 re: Continuance of the Sentencing Hearing w/o objection. Document filed by Bruce Melvin. (Spodek, Todd) (Entered: 11/26/2024)
11/19/2024AMENDED JUDGMENT IN A CRIMINAL CASE as to Emmanuel Perez (10). (Signed by Judge Paul G. Gardephe on 11/19/2024) (See AMENDED JUDGMENT set forth) (ap) (Entered: 11/19/2024)
10/31/2024DISMISSAL OF COUNTS on Government Motion as to Gabriel Valdez (9) Count 19,20. (lnl) (Entered: 10/31/2024)
10/30/2024JUDGMENT IN A CRIMINAL CASE as to Gabriel Valdez (9). The defendant pleaded guilty to Count 1. All open counts are dismissed on the motion of the United States. IMPRISONMENT: 28 months imprisonment, to run concurrently with any remaining time the Defendant owes New York State. (Defendant's service of his federal sentence begins on October 30, 2024. Prior to October 30, 2024, Defendant was in New York State custody.) It is recommended that the defendant be designated to the Federal Correctional Institution in Danbury, Connecticut. It is further recommended that the defendant be considered for admission to the Bureau of Prisons' RDAP program. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 years. ASSESSMENT: $100.00 due immediately. RESTITION: $520. (Signed by Judge Paul G. Gardephe on 10/30/2024) (lnl) (Entered: 10/31/2024)
10/30/2024ORDER OF RESTITUTION as to (23-Cr-204-9) Gabriel Valdez. Upon the application of the United States of America, by its attorney, Damian Williams, United States Attorney for the Southern District of New York, Michael R. Herman, Assistant United States Attorney, of counsel; the presentence investigation report; the defendant's conviction on Count One of the Indictment; and all other proceedings in this case, it is hereby ORDERED that: 1. Amount of Restitution. Gabriel Valdez, the defendant, shall pay restitution in the total amount of $520, pursuant to 18 U.S.C. § 3663A, to the victims of the offense charged in Count One. The names, addresses, and specific amounts owed to each victim are set forth in the Schedule of Victims, attached hereto as Schedule A. Upon advice by the United States Attorney's Office of a change of address of a victim, the Clerk of Court is authorized to send payments to the new address without further order of this Court....[*** See this Order of Restitution ***]... 6. Sealing. Consistent with 18 U.S.C. §§ 3771(a)(8) & 3664(d)(4) and Federal Rule of Criminal Procedure 49.1, to protect the privacy interests of victim(s), the Schedule of Victims, attached hereto as Schedule A, shall be filed under seal, except that copies may be retained and used by or disclosed to the listed victims, the Government, the investigating agency, the Clerk's Office, and the Probation Office, as needed to effect and enforce this Order, without further order of this Court. (Signed by Judge Paul G. Gardephe on 10/30/2024) (bw) (Entered: 10/30/2024)
10/30/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Sentencing held on 10/30/2024 for Gabriel Valdez (9) Count 1. Defendant G. Valdez present with attorney John Russo. AUSAs Michael Herman and Jacob Fiddelman present. Court reporter George Malinowski present. See Judgment for terms of sentence. (Court Reporter George Malinowski) (ap) (Entered: 10/30/2024)
10/30/2024MEMO ENDORSEMENT as to (23-Cr-204-4) Elijah Pough on re: 276 FIRST MOTION filed by Elijah Pough to Continue sentencing of Mr. Elijah Pough. ENDORSEMENT: The application is granted. The Defendant's sentencing is adjourned to April 8, 2025, at 3:00 p.m. SO ORDERED. ( Sentencing set for 4/8/2025 at 03:00 PM before Judge Paul G. Gardephe. )(Signed by Judge Paul G. Gardephe on 10/30/2024) (bw) (Entered: 10/30/2024)
10/29/2024 LETTER by USA as to Gabriel Valdez addressed to Judge Paul G. Gardephe from USA dated 10/29/2024 re: Response to Court Order Document filed by USA. (Herman, Michael) (Entered: 10/29/2024)
10/29/2024FIRST MOTION to Continue sentencing of Mr. Elijah Pough. Document filed by Elijah Pough. (Shroff, Sabrina) (Entered: 10/29/2024)
10/28/2024ORDER as to (23-Cr-204-9) Gabriel Valdez. In its October 23, 2024 sentencing submission, the Government states that it has "re-evaluated the evidence with respect to [Co-Defendant Elijah] Pough's March 16, 2021 attempted murder, and has now determined that it is properly considered attempted second-degree murder rather than attempted first-degree murder." (Govt. Br. (Dkt. No. 274) at 9) By 5:00 p.m. on October 29, 2024, the Government will make a submission explaining the basis for this determination. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/28/2024) (bw) (Entered: 10/28/2024)
10/23/2024SENTENCING SUBMISSION by USA as to Gabriel Valdez. (Attachments: # 1 Exhibit A (Video Exhibit))(Herman, Michael) (Entered: 10/23/2024)
10/23/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Bruce Melvin. Notice is hereby given that an official transcript of a Plea proceeding held on 8/29/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/23/2024)
10/23/2024TRANSCRIPT of Proceedings as to Bruce Melvin re: Plea held on 8/29/2024 before Judge Paul G. Gardephe. 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 11/13/2024. Redacted Transcript Deadline set for 11/25/2024. Release of Transcript Restriction set for 1/21/2025. (McGuirk, Kelly) (Entered: 10/23/2024)
10/17/2024SENTENCING SUBMISSION by Gabriel Valdez. (Attachments: # 1 Exhibit Character Letters)(Russo, John) (Entered: 10/17/2024)
10/16/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alzubair Saleh. Notice is hereby given that an official transcript of a Sentence proceeding held on 8/22/2024 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: 10/16/2024)
10/16/2024TRANSCRIPT of Proceedings as to Alzubair Saleh re: Sentence held on 8/22/2024 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Nicole DIMasi, (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 11/6/2024. Redacted Transcript Deadline set for 11/18/2024. Release of Transcript Restriction set for 1/14/2025. (McGuirk, Kelly) (Entered: 10/16/2024)
10/11/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Shadell McBride. Notice is hereby given that an official transcript of a Sentence proceeding held on 8/27/2024 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 Shadell McBride re: Sentence held on 8/27/2024 before Judge Paul G. Gardephe. 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 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)
10/11/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Emmanuel Perez. Notice is hereby given that an official transcript of a Sentence proceeding held on 8/29/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/11/2024)
10/11/2024TRANSCRIPT of Proceedings as to Emmanuel Perez re: Sentence held on 8/29/2024 before Judge Paul G. Gardephe. 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 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)
10/11/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Elijah Pough. Notice is hereby given that an official transcript of a Plea proceeding held on 8/30/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/11/2024)
10/11/2024TRANSCRIPT of Proceedings as to Elijah Pough re: Plea held on 8/30/2024 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Tracy Groth, (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)
10/11/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Bruce Melvin. Notice is hereby given that an official transcript of a Plea proceeding held on 9/4/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/11/2024)
10/11/2024TRANSCRIPT of Proceedings as to Bruce Melvin re: Plea held on 9/4/2024 before Judge Paul G. Gardephe. 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 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)
10/11/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jordan Bennett. Notice is hereby given that an official transcript of a Sentence proceeding held on 8/30/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/11/2024)
10/11/2024TRANSCRIPT of Proceedings as to Jordan Bennett re: Sentence held on 8/30/2024 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Tracy Groth, (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)
10/11/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Ballester. Notice is hereby given that an official transcript of a Sentence proceeding held on 8/28/2024 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 Justin Ballester re: Sentence held on 8/28/2024 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 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)
10/11/2024 LETTER by USA as to Jordan Bennett addressed to Judge Paul G. Gardephe from USA dated 10/11/2024 re: Bennett Restitution Document filed by USA. (Herman, Michael) (Entered: 10/11/2024)
10/8/2024Set/Reset Hearings as to Gabriel Valdez: Sentencing set for 10/30/2024 at 03:00 PM before Judge Paul G. Gardephe. (ap) (Entered: 10/08/2024)
10/8/2024MEMO ENDORSEMENT as to Gabriel Valdez (9) granting 253 LETTER MOTION addressed to Judge Paul G. Gardephe from John L. Russo dated October 8, 2024 re: Adjourn Sentencing. ENDORSEMENT: The Application is granted. Sentencing is adjourned to October 30, 2024 at 3:00 p.m. (Signed by Judge Paul G. Gardephe on 10/8/2024) (ap) (Entered: 10/08/2024)
10/8/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from John L. Russo dated October 8, 2024 re: Adjourn Sentencing . Document filed by Gabriel Valdez. (Russo, John) (Entered: 10/08/2024)
10/1/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Ballester. Notice is hereby given that an official transcript of a Conference proceeding held on 8/28/24 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 10/01/2024)
10/1/2024TRANSCRIPT of Proceedings as to Justin Ballester re: Sentence held on 8/28/24 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/22/2024. Redacted Transcript Deadline set for 11/1/2024. Release of Transcript Restriction set for 12/30/2024. (Moya, Goretti) (Entered: 10/01/2024)
9/30/2024Memo Endorsed granting 245 LETTER MOTION Extension of Post-Hearing Briefing Schedule as to Jordan Bennett (3)... Endorsement: The application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 9/30/24) (jbo) (Entered: 09/30/2024)
9/27/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Elijah Pough. Notice is hereby given that an official transcript of a Plea proceeding held on 8/30/24 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 09/27/2024)
9/27/2024TRANSCRIPT of Proceedings as to Elijah Pough re: Plea held on 8/30/24 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Tracy Groth, (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 10/18/2024. Redacted Transcript Deadline set for 10/28/2024. Release of Transcript Restriction set for 12/26/2024. (Moya, Goretti) (Entered: 09/27/2024)
9/27/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Bruce Melvin. Notice is hereby given that an official transcript of a Plea proceeding held on 8/29/24 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 09/27/2024)
9/27/2024TRANSCRIPT of Proceedings as to Bruce Melvin re: Conference held on 8/29/24 before Judge Paul G. Gardephe. 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 10/18/2024. Redacted Transcript Deadline set for 10/28/2024. Release of Transcript Restriction set for 12/26/2024. (Moya, Goretti) (Entered: 09/27/2024)
9/27/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from USA dated Sept. 27, 2024 re: Request for Adjournment of Restitution Deadlines. . Document filed by USA as to Jordan Bennett. (Fiddelman, Jacob) (Entered: 09/27/2024)
9/26/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Giovanni Rodriguez. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/12/24 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 09/26/2024)
9/26/2024TRANSCRIPT of Proceedings as to Giovanni Rodriguez re: Sentence held on 4/12/24 before Judge Paul G. Gardephe. 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 10/17/2024. Redacted Transcript Deadline set for 10/28/2024. Release of Transcript Restriction set for 12/26/2024. (Moya, Goretti) (Entered: 09/26/2024)
9/23/2024Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Jordan Bennett re: 242 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 09/23/2024)
9/23/2024Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Jordan Bennett to US Court of Appeals re: 242 Notice of Appeal. (nd) (Entered: 09/23/2024)
9/19/2024NOTICE OF APPEAL by Jordan Bennett from 234 Judgment. (nd) Modified on 9/23/2024 (nd). (Entered: 09/23/2024)
9/19/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Shadell McBride. Notice is hereby given that an official transcript of a Conference proceeding held on 8/27/24 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 09/19/2024)
9/19/2024TRANSCRIPT of Proceedings as to Shadell McBride re: Conference held on 8/27/24 before Judge Paul G. Gardephe. 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 10/10/2024. Redacted Transcript Deadline set for 10/21/2024. Release of Transcript Restriction set for 12/18/2024. (Moya, Goretti) (Entered: 09/19/2024)
9/16/2024USCA MANDATE ON INTERLOCUTORY APPEAL (certified copy) as to Alzubair Saleh re: 47 Notice of Appeal - Interlocutory. USCA Case Number 23-6515. Appellant moves to withdraw this appeal. IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 9/16/2024. (tp) (Entered: 09/16/2024)
9/10/2024Set/Reset Hearings as to Gabriel Valdez: Sentencing set for 10/16/2024 at 03:00 PM before Judge Paul G. Gardephe. (ap) (Entered: 09/10/2024)
9/10/2024MEMO ENDORSEMENT as to Gabriel Valdez (9) granting 236 LETTER MOTION addressed to Judge Paul G. Gardephe from John L. Russo, Esq. dated 09/10/2024 re: Adjournment of sentence. ENDORSEMENT: The application is granted. The Defendant's sentencing is adjourned to October 16, 2024, at 3:00 p.m. (Signed by Judge Paul G. Gardephe on 9/10/2024) (ap) (Entered: 09/10/2024)
9/10/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from John L. Russo, Esq. dated 09/10/2024 re: Adjournment of sentence . Document filed by Gabriel Valdez. (Russo, John) (Entered: 09/10/2024)
9/3/2024FILED JUDGMENT IN A CRIMINAL CASE as to Jordan Bennett (3), Pleaded guilty to Count(s) 1, Imprisonment for a total term of 12 Years. Supervised Release for a term of 3 Years; Count(s) 19, 20, 8 are dismissed on the motion of the US. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the Defendant be designated to the Federal Correctional Institution at Otisville. It is further recommended that the Defendant be considered for admission to the Bureau of Prisons' RDAP program. Special Assessment of $100 which is due immediately. (Signed by Judge Paul G. Gardephe on 8/30/24)(jw) (Entered: 09/03/2024)
9/3/2024DISMISSAL OF COUNTS on Government Motion as to Jordan Bennett (3) Count 8,19,20. (jw) (Entered: 09/03/2024)
8/30/2024Order of Referral to Probation for Presentence Investigation and Report as to Elijah Pough. (Signed by Judge Paul G. Gardephe on 8/30/24)(jbo) (Entered: 09/03/2024)
8/30/2024Change of Not Guilty Plea to Guilty Plea as to Elijah Pough (4) Count 1,16. (jbo) (Entered: 09/03/2024)
8/30/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Change of Plea Hearing as to Elijah Pough held on 8/30/2024. Plea entered by Elijah Pough (4) Guilty as to Count 1,16. Defendant E. Pough present with attorneys Sabrina Shroff and Leonard Aldridge. AUSAs Michael Herman and Jacob Fiddelman present. Court reporter Tracy Groth present. Signed advice right form marked as court exhibit 1. Signed plea agreement marked as court exhibit 2. The defendant withdraws his previous plea of not guilty and now enters a plea of guilty to count 1 and 16. Pre-sentence report ordered. Sentence set for 2/27/25 at 3:00 pm. Detention continued. (Sentencing set for 2/27/2025 at 03:00 PM before Judge Paul G. Gardephe.) (jbo) (Entered: 09/03/2024)
8/30/2024CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Jordan Bennett. (Signed by Judge Paul G. Gardephe on 8/30/2024)(jw) (Entered: 08/30/2024)
8/30/2024ORDER as to Jordan Bennett. Accordingly, the Defendant's guilty plea is accepted. SO ORDERED (Signed by Judge Paul G. Gardephe on 8/30/24)(jw) (Entered: 08/30/2024)
8/30/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Sentencing held on 8/30/2024 for Jordan Bennett (3) Count 1. Sentence held. Defendant J. Bennett present with attorney Michael Bradley. AUSAs Michael Herman and Jacob Fiddelman present. Court reporter Tracy Groth present. The defendant is sentenced to 12 years imprisonment to be followed by 3 years of supervised release. (bw) (Entered: 08/30/2024)
8/30/2024FILED JUDGMENT IN A CRIMINAL CASE as to Emmanuel Perez (10), Pleaded guilty to Count(s) 1, Imprisonment for a total term of 3 Years. Supervised release for a term of 3 Years.; Count(s) 19, 20 are dismissed on the motion of the US. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be designated to an institution as close as possible to the New York City metropolitan area. Special Assessment of $100 which is due immediately. Restitution of $520. (Signed by Judge Paul G. Gardephe on 8/30/24)(jw) (Entered: 08/30/2024)
8/30/2024DISMISSAL OF COUNTS on Government Motion as to Emmanuel Perez (10) Count 19,20. (jw) (Entered: 08/30/2024)
8/29/2024ORDER OF RESTITUTION as to Emmanuel Perez. (Signed by Judge Paul G. Gardephe on 8/29/24)(jw) (Entered: 08/30/2024)
8/29/2024SENTENCING SUBMISSION by Jordan Bennett. (Attachments: # 1 Exhibit M - Essex County Correctional course completion certificates)(Bradley, Michael) (Entered: 08/29/2024)
8/29/2024 LETTER by USA as to Jordan Bennett addressed to Judge Paul G. Gardephe from USA dated Aug. 29, 2024 re: Parties' Resolution of Disputed Forfeiture Issue. Document filed by USA. (Fiddelman, Jacob) (Entered: 08/29/2024)
8/29/2024Minute Entry for proceedings held before Judge Paul G. Gardephe:Sentencing held on 8/29/2024 for Emmanuel Perez (10) Count 1. Defendant E. Perez present with Jacqueline Cistaro. AUSA Michael Herman present. The defendant is sentenced to 3 years imprisonment to be followed by 3 years of supervised release. (Court Reporter Sharonda jones) (ap) (Entered: 08/29/2024)
8/29/2024Oral Order of Referral to Probation for Presentence Investigation and Report as to Bruce Melvin. (Signed by Judge Paul G. Gardephe on 8/29/2024) (ap) (Entered: 08/29/2024)
8/29/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Plea entered by Bruce Melvin (2) Guilty as to Count 1,5,12. (ap) (Entered: 08/29/2024)
8/29/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Change of Plea Hearing as to Bruce Melvin held on 8/29/2024. Change of plea hearing held. Defendant B. Melvin present with attorney Jeremy G. Feigenbaum. AUSAs Michael Herman and Rebecca Delfiner present. Signed advice of rights form marked as court exhibit 1. Signed plea agreement marked as court exhibit 2. The defendant Bruce Melvin withdraws his previous plea of not guilty and now enters a plea of guilty to counts 1, 5 and 12. Pre-sentence report ordered. Sentence set for 1/3/2025 at 3:00 pm. Detention continued. (Sentencing set for 1/3/2025 at 03:00 PM before Judge Paul G. Gardephe) (Court Reporter Sharonda Jones) (ap) (Entered: 08/29/2024)
8/29/2024JUDGMENT IN A CRIMINAL CASE as to Justin Ballester (6). THE DEFENDANT: pleaded guilty to count 1. Counts all open counts are dismissed on the motion of the United States. IMPRISONMENT: five years. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be designated to the Federal Correctional Institution at Fort Dix. It is further recommended that the defendant be considered for admission to the Bureau of Prisons' RDAP program. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: three years. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $100.00 due immediately. The defendant shall forfeit the defendant's interest in the following property to the United States: See Consent Preliminary Order of Forfeiture (0kt. No. 214). (Signed by Judge Paul G. Gardephe on 8/29/2024) (ap) (Entered: 08/29/2024)
8/29/2024DISMISSAL OF COUNTS on Government Motion as to Justin Ballester (6) Count 19,20. (ap) (Entered: 08/29/2024)
8/29/2024 MOTION FOR NEW COUNSEL. Document filed by Bruce Melvin. (ap) (Entered: 08/29/2024)
8/28/2024NOTICE OF ATTORNEY APPEARANCE: Jeremy Graham Feigenbaum appearing for Bruce Melvin. Appearance Type: Retained. (Feigenbaum, Jeremy) (Entered: 08/28/2024)
8/28/2024 LETTER by Justin Ballester addressed to Judge Paul G. Gardephe from Bren dated 8/28/2024 re: Government August 23 Letter (Quigley, Brendan) (Entered: 08/28/2024)
8/27/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Sentencing held on 8/27/2024 for Justin Ballester (6) Count 1. Sentence held. Defendant J. Ballester present with attorney Brendon Quigley. AUSAs Jacob Fiddelman, Michael Herman and Matthew King. Court reporter Doug Collavito present. The defendant is sentenced to five years imprisonment to be followed by 3 years of supervised release. (jbo) (Entered: 08/28/2024)
8/27/2024JUDGMENT IN A CRIMINAL CASE as to Shadell McBride (5). THE DEFENDANT: pleaded guilty to counts 1,20. Counts all open counts are dismissed on the motion of the United States. IMPRISONMENT: five years' imprisonment on Count One and five years' imprisonment on Count Twenty, with those terms to run consecutively. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the Defendant be designated to the Federal Correctional Institution at Schuylkill, Pennsylvania. It is recommended that the Defendant be considered for entry into the Bureau of Prisons' RDAP program. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Three years on Count One and five years on Count Twenty, with those terms to run concurrently. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $200.00 due immediately. (Signed by Judge Paul G. Gardephe on 8/27/2024) (ap) (Entered: 08/28/2024)
8/27/2024DISMISSAL OF COUNTS on Government Motion as to Shadell McBride (5) Count 17,18,19. (ap) Modified on 8/28/2024 (ap). (Entered: 08/28/2024)
8/27/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Sentencing held on 8/27/2024 for Shadell McBride (5) Count 1,20. Defendant S. McBride present with attorney Andrew Patel. AUSAs Jacob Fiddelman, Michael Herman and Matthew King. The defendant is sentenced to five years' imprisonment on Count One and five years' imprisonment on Count Twenty, with those terms to run consecutively to be followed three years' supervised release on each of Counts One and five years on count Twenty, with those supervised release terms to run concurrently. (Court Reporter Sharonda Jones) (ap) (Entered: 08/27/2024)
8/26/2024JUDGMENT IN A CRIMINAL CASE as to Alzubair Saleh (7). THE DEFENDANT: pleaded guilty to count 1. Count all open counts are dismissed on the motion of the United States. IMPRISONMENT: 51 months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be designated to the Federal Correctional Institution at Fort Dix. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: three years. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $100.00 due immediately. (Signed by Judge Paul G. Gardephe on 8/26/2024) (ap) (Entered: 08/26/2024)
8/26/2024DISMISSAL OF COUNTS on Government Motion as to Alzubair Saleh (7) Count 19,20. (ap) (Entered: 08/26/2024)
8/26/2024MEMO ENDORSEMENT as to Elijah Pough (4) denying 217 LETTER MOTION addressed to Judge Paul G. Gardephe from Leonardo M. Aldridge, Esq. dated August 23, 2024 re: Requesting Trial Adjournment. ENDORSEMENT: The application is denied. (Signed by Judge Paul G. Gardephe on 8/26/2024) (ap) (Entered: 08/26/2024)
8/26/2024FIRST LETTER MOTION addressed to Judge Paul G. Gardephe from Todd A. Spodek dated 8-26-24 re: Joining Defense Counsel for Pugh Motion and Scheduling of any Status Conference for 9/3/24 or later.. Document filed by Bruce Melvin as to Bruce Silva. (Spodek, Todd) (Entered: 08/26/2024)
8/25/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from Leonardo M. Aldridge, Esq. dated Aug. 25, 2024 re: Reply to the government's Aug. 24 letter . Document filed by Elijah Pough. (Aldridge, Leonardo) (Entered: 08/25/2024)
8/24/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from USA dated 8/24/2024 re: Request for a Prompt Conference Concerning Trial Date . Document filed by USA as to Bruce Melvin, Elijah Pough. (Herman, Michael) (Entered: 08/24/2024)
8/23/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from Leonardo M. Aldridge, Esq. dated August 23, 2024 re: Requesting Trial Adjournment . Document filed by Elijah Pough. (Aldridge, Leonardo) (Entered: 08/23/2024)
8/23/2024SENTENCING SUBMISSION by USA as to Emmanuel Perez. (Fiddelman, Jacob) (Entered: 08/23/2024)
8/23/2024 LETTER by USA as to Justin Ballester addressed to Judge Paul G. Gardephe from USA dated Aug. 23, 2024 re: Supplemental Sentencing Update Letter Regarding Justin Ballester. Document filed by USA. (Fiddelman, Jacob) (Entered: 08/23/2024)
8/22/2024Consent Preliminary Order of Forfeiture/Money Judgment as to Justin Ballester... As a result of the offense charged in Count One of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of $2,565 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in Count One of the Indictment that the Defendant personally obtained, shall be entered against the Defendant... (Signed by Judge Paul G. Gardephe on 8/22/24)(jbo) (Entered: 08/23/2024)
8/22/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Sentencing held on 8/22/2024 for Alzubair Saleh (7) Count 1. Sentence held. Defendant A. Saleh present with attorney Joshua Horowitz. AUSAs Jacob Fiddelman and Michael Herman present. Arabian interpreter Bachar Alhalabi present. The defendant is sentenced to 51 months imprisonment followed by 3 years of supervised release. (Court Reporter Nicole DiMasi) (ap) (Entered: 08/22/2024)
8/21/2024SENTENCING SUBMISSION by Emmanuel Perez. (Attachments: # 1 Exhibit A)(Cistaro, Jacqueline) (Entered: 08/21/2024)
8/20/2024SENTENCING SUBMISSION by USA as to Shadell McBride. (Fiddelman, Jacob) (Entered: 08/20/2024)
8/20/2024 LETTER by USA as to Justin Ballester addressed to Judge Paul G. Gardephe from USA dated Aug. 20, 2024 re: Resolution of Factual Issues as to Justin Ballester's Sentencing. Document filed by USA. (Fiddelman, Jacob) (Entered: 08/20/2024)
8/19/2024MEMO ENDORSEMENT 209 LETTER MOTION as to Emmanuel Perez (10)...ENDORSEMENT...The Application is granted. SO ORDERED (Signed by Judge Paul G. Gardephe on 8/19/2024) (jw) (Entered: 08/20/2024)
8/19/2024SECOND LETTER MOTION addressed to Judge Paul G. Gardephe from Jacqueline E. Cistaro dated August 19, 2024 re: Letter Motion Requesting Brief Extension to File Sentencing Submission . Document filed by Emmanuel Perez. (Cistaro, Jacqueline) (Entered: 08/19/2024)
8/16/2024ORDER as to Bruce Silva, Bruce Melvin, Elijah Pough. On August 16, 2024, the Government filed a notice of appeal (Dkt. No. 207) concerning this Court's July 19, 2024 memorandum opinion and order suppressing evidence obtained from Defendant Bruce Silva's cellphone. (Dkt. No. 184) In the event that the appeal is not resolved by October 7, 2024, when this case is scheduled to proceed to trial, the charges against Silva will be severed, and trial will proceed only as to Defendants Bruce Melvin and Elijah Pough. (Signed by Judge Paul G. Gardephe on 8/16/2024) (bw) (Entered: 08/16/2024)
8/16/2024Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Bruce Silva, Bruce Melvin, Elijah Pough re: 207 Notice of Appeal - Interlocutory were transmitted to the U.S. Court of Appeals. (tp) (Entered: 08/16/2024)
8/16/2024Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Bruce Silva, Bruce Melvin, Elijah Pough to US Court of Appeals re: 207 Notice of Appeal - Interlocutory. (tp) (Entered: 08/16/2024)
8/16/2024Appeal Remark as to Bruce Silva, Bruce Melvin, Elijah Pough re: 207 Notice of Appeal - Interlocutory. $605.00 Appeal Fee Waived. USA filer. (tp) (Entered: 08/16/2024)
8/16/2024NOTICE OF APPEAL (Interlocutory) by USA as to Bruce Silva, Bruce Melvin, Elijah Pough from 184 Memorandum & Opinion, Terminate Motions. (Original Document Entered in Criminal Case #22-cr-0347-1 Doc. # 48) (tp) (Entered: 08/16/2024)
8/15/2024SENTENCING SUBMISSION by Shadell McBride. (Attachments: # 1 Exhibit letter, # 2 Exhibit letter, # 3 Exhibit letter, # 4 Exhibit letter, # 5 Exhibit letter, # 6 Exhibit letter from client, # 7 Exhibit BOP report, # 8 Exhibit BOP Memo, # 9 Exhibit certificate)(Patel, Andrew) (Entered: 08/15/2024)
8/15/2024ORDER as to (23-Cr-204-3) Jordan Bennett. The evidentiary hearing and sentencing scheduled for August 30, 2024 at 10:00 a.m. is adjourned to August 30, 2024 at 2:00 p.m. SO ORDERED. ( Evidentiary Hearing / Sentencing set for 8/30/2024 at 02:00 PM before Judge Paul G. Gardephe. )(Signed by Judge Paul G. Gardephe on 8/15/2024) (bw) (Entered: 08/15/2024)
8/15/2024MEMO ENDORSEMENT as to (23-Cr-204-10) Emmanuel Perez on re: 202 FIRST LETTER MOTION filed by Emmanuel Perez addressed to Judge Paul G. Gardephe from Attorney Jacqueline E. Cistaro dated August 15, 2024 re: Letter Motion Requesting Extension File Sentencing Submission.... We represent Emmanual Perez in the above-captioned matter. We write to respectfully request an extension to file the defense sentencing submission on Monday, August 19, 2024, and the government to file their sentencing submission on Friday, August 23, 2024. The reason for this letter motion is that the defense is continuing to collect letters of support for the sentencing proceeding. The government consents to this request. ENDORSEMENT: The Application is granted. SO ORDERED: ( Defendant's sentencing submission due by 8/19/2024. Government's sentencing submission due by 8/23/2024 )(Signed by Judge Paul G. Gardephe on 8/15/2024) (bw) (Entered: 08/15/2024)
8/15/2024FIRST LETTER MOTION addressed to Judge Paul G. Gardephe from Jacqueline E. Cistaro dated August 15, 2024 re: Letter Motion Requesting Extension File Sentencing Submission . Document filed by Emmanuel Perez. (Cistaro, Jacqueline) (Entered: 08/15/2024)
8/14/2024MEMO ENDORSEMENT as to (23-Cr-204-6) Justin Ballester on re: 199 CONSENT LETTER MOTION filed by Justin Ballester addressed to Judge Paul G. Gardephe from Attorney Brendan F. Quigley dated August 13, 2024 re: 192 Order on Letter Motion, re: Request for an Adjournment of the August 26, 2024 Sentencing. ENDORSEMENT: The application is granted. Defendant's sentencing is adjourned to August 28, 2024, at 3:00 p.m. SO ORDERED. ( Sentencing set for 8/28/2024 at 03:00 PM before Judge Paul G. Gardephe. )(Signed by Judge Paul G. Gardephe on 8/14/2024) (bw) (Entered: 08/15/2024)
8/13/2024CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from Brendan F. Quigley dated August 13, 2024 re: 192 Order on Letter Motion, re: Request for an Adjournment of the August 26, 2024 Sentencing . Document filed by Justin Ballester. (Quigley, Brendan) (Entered: 08/13/2024)
8/12/2024MEMO ENDORSEMENT as to (23-Cr-204-9) Gabriel Valdez on re: 195 LETTER MOTION filed by Gabriel Valdez addressed to Judge Paul G. Gardephe from Attorney John L. Russo dated August 9, 2024 re: Adjourn Sentencing. ENDORSEMENT: The application is granted. Defendant Valdez's sentencing is adjourned to September 19, 2024 at 3:00 p.m. SO ORDERED. ( Sentencing set for 9/19/2024 at 03:00 PM before Judge Paul G. Gardephe. )(Signed by Judge Paul G. Gardephe on 8/12/2024) (bw) (Entered: 08/12/2024)
8/12/2024MEMO ENDORSEMENT as to (23-Cr-204-3) Jordan Bennett on re: 194 LETTER MOTION filed by Jordan Bennett addressed to Judge Paul G. Gardephe from Attorney Michael D. Bradley dated August 9, 2024 re: Respectfully requesting a 2-week adjournment of the August 14, 2024 hearing and sentencing on consent. ENDORSEMENT: The application is granted. The evidentiary hearing and sentencing hearing are adjourned to August 30, 2024, at 10:00 a.m. SO ORDERED. ( Evidentiary Hearing / Sentencing set for 8/30/2024 at 10:00 AM before Judge Paul G. Gardephe. )(Signed by Judge Paul G. Gardephe on 8/12/2024) (bw) (Entered: 08/12/2024)
8/10/2024SENTENCING SUBMISSION by USA as to Alzubair Saleh. (King, Matthew) (Entered: 08/10/2024)
8/9/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from John L. Russo dated August 9, 2024 re: Adjourn Sentencing . Document filed by Gabriel Valdez. (Russo, John) (Entered: 08/09/2024)
8/9/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from Michael D. Bradley dated August 9, 2024 re: Respectfully requesting a 2-week adjournment of the August 14, 2024 hearing and sentencing on consent . Document filed by Jordan Bennett. (Bradley, Michael) (Entered: 08/09/2024)
8/8/2024NOTICE OF ATTORNEY APPEARANCE: Sabrina P. Shroff appearing for Elijah Pough. Appearance Type: CJA Appointment. co-counsel along with Mr. Aldridge (Shroff, Sabrina) (Entered: 08/08/2024)
8/8/2024Set/Reset Deadlines/Hearings as to Justin Ballester: Sentencing set for 8/26/2024 at 03:00 PM before Judge Paul G. Gardephe (jw) (Entered: 08/08/2024)
8/8/2024MEMO ENDORSEMENT 191 LETTER MOTION as to Justin Ballester...ENDORSEMENT...The application is granted. Defendant Ballester's sentencing is adjourned to August 26, 2024, at 3:00 p.m. The parties supplemental written submissions are due by August 19, 2024 (Signed by Judge Paul G. Gardephe on 8/8/2024) (jw) (Entered: 08/08/2024)
8/8/2024CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from USA dated Aug. 8, 2024 re: Request for one-week adjournment of sentencing. . Document filed by USA as to Justin Ballester. (Fiddelman, Jacob) (Entered: 08/08/2024)
8/2/2024SENTENCING SUBMISSION by Alzubair Saleh. (Attachments: # 1 Exhibit Ex. A Vivian Toro Letter, # 2 Exhibit Ex. B Letter of Mr. Salehs Father Mohamed Hamoud Nagy Saleh, # 3 Exhibit Ex. C Letter of Mr. Salehs Mother Jameela Mohammed Al Dareeby, # 4 Exhibit Ex. D Letter of Mr. Salehs Sister, # 5 Exhibit Ex. E Letter of Mr. Salehs Brother-in-law Abdel Bagy Saleh Al Aghbary, # 6 Exhibit Ex. F Letter of Mr. Salehs Sister, # 7 Exhibit Ex. G 10.5.23 E-mail from counsel to MDC Legal re: Saleh Medical Issues [Redacted], # 8 Exhibit Ex. H 2.16.24 E-mail from counsel to MDC Legal re: Saleh Medical Issues [Redacted], # 9 Exhibit Ex. I Letter of Alzubair Saleh, # 10 Exhibit Ex. J Certificates Earned by Mr. Saleh in MDC Custody)(Horowitz, Joshua) (Entered: 08/02/2024)
7/26/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to Elijah Pough held on 7/26/2024. Status conference held. Defendant E. Pough present with attorney Leonardo Aldridge. AUSA Matthew King present. Detention continued. (Court Reporter Eve Giniger) (ap) (Entered: 07/26/2024)
7/26/2024NOTICE OF ATTORNEY APPEARANCE: Leonardo M Aldridge appearing for Elijah Pough. Appearance Type: CJA Appointment. (Aldridge, Leonardo) (Entered: 07/26/2024)
7/24/2024ORDER as to Elijah Pough. A conference will take place in this matter on July 26, 2024, at 2:00 p.m., in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York (Status Conference set for 7/26/2024 at 02:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 7/24/24)(jw) (Entered: 07/24/2024)
7/24/2024Set/Reset Deadlines/Hearings as to Shadell McBride: Sentencing set for 8/27/2024 at 02:00 PM before Judge Paul G. Gardephe (jw) (Entered: 07/24/2024)
7/23/2024MEMO ENDORSEMENT 186 LETTER MOTION as to Shadell McBride...ENDORSEMENT...Sentencing is adjourned to August 27, 2024 at 2:00pm. Briefing concerning sentencing will proceed on the schedule previously set by the Court (Signed by Judge Paul G. Gardephe on 7/23/24) (jw) (Entered: 07/24/2024)
7/22/2024FIRST LETTER MOTION addressed to Judge Paul G. Gardephe from Andrew Patel dated July 22, 2024 re: adjourn sentencing . Document filed by Shadell McBride. (Patel, Andrew) (Entered: 07/22/2024)
7/22/2024Minute Entry for proceedings held before Magistrate Judge Valerie Figueredo:Attorney Appointment Hearing as to Elijah Pough held on 7/22/2024. AUSA King appears. Defendant appears and Leonardo Aldridge is appointed. (jm) (Entered: 07/22/2024)
7/19/2024ORAL ORDER as to (23-Cr-204-3) Jordan Bennett. Evidentiary Hearing set for 8/14/2024 at 10:30 AM before Judge Paul G. Gardephe. Sentencing to follow. (bw) (Entered: 07/19/2024)
7/19/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to (23-Cr-204-3) Jordan Bennett held on 7/19/2024. Status conference held. Defendant J. Bennett present with attorney Michael Bradley. AUSAs Matthew King and Michael Herman present. Court reporter Tracy Goth present. Evidentiary hearing scheduled for 8/14/24 at 10:30 am with Sentence to follow. Detention continued. (bw) (Entered: 07/19/2024)
7/19/2024MEMORANDUM OPINION & ORDER as to Bruce Silva. Defendant Silva's motion to suppress evidence obtained from the blue iPhone seized from him at the time of his arrest is granted. The Clerk of Court is directed to terminate the motion (Dkt. No. 109). (Signed by Judge Paul G. Gardephe on 7/19/2024) (See ORDER set forth) (ap) (Entered: 07/19/2024)
7/18/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to Justin Ballester held on 7/18/2024. Defendant J. Ballester present with attorney Brendan Quigley. AUSAs Michael Herman and Matthew King present. Sentence adjourned to 8/16/2024 at 3:00 pm. Detention continued. (Sentencing set for 8/16/2024 at 03:00 PM before Judge Paul G. Gardephe) (Court Reporter Eve Giniger) (ap) (Entered: 07/18/2024)
7/18/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to Bruce Silva, Bruce Melvin, Elijah Pough held on 7/18/2024. Status conference held. Defendant B. Silva present with attorney Florian Miedel. Defendant B. Melvin present with attorney Todd Spodek. Defendant E. Pough present with attorneys Harvey Fishbein and Akane Fukiwara. Harvey Fishbein is relieved as attorney of record. AUSAs Michael Herman and Matthew King present. Detention continued. (Court Reporter Eve Giniger) (ap) Modified on 7/18/2024 (ap). (Entered: 07/18/2024)
7/17/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from Michael D. Bradley dated July 17, 2024 re: 182 Order,,,,, re: I write in response to the Court's July 16, 2024 Order . Document filed by Jordan Bennett. (Bradley, Michael) (Entered: 07/17/2024)
7/16/2024ORDER as to Jordan Bennett: Defendant Jordan Bennett's sentencing is currently scheduled for July 19, 2024, at 2:00 p.m. The Presentence Report ("PSR") and the Defendant's plea agreement both state that a two-level adjustment is appropriate pursuant to § 3B1.1(c) of the Sentencing Guidelines because the Defendant was an "organizer, leader, manager, or supervisor in any criminal activity other than described" in §§ 3B1.1(a) and 3B1.1(b) of the Guidelines. (PSR Paragraph 118; Plea Agmt. (Dkt. No. 116-2) at 3) The criminal activity described in the PSR "involved five or more participants or was otherwise extensive," however, and Bennett occupied a "managerial role" in the gang. (PSR Paragraph 74) Indeed, the PSR states that Bennett "took over leadership of Dub City from [Co-Defendant Bruce Silva] after [Silva] was incarcerated." (Id. Paragraph 59) It thus appears that a four-level adjustment pursuant to § 3B1.1(a) rather than the two-level adjustment described in the plea agreement and in the PSR is appropriate. Any party wishing to make a submission addressing this issue will do so by 5:00 p.m. on July 17, 2024. (Signed by Judge Paul G. Gardephe on 7/16/2024) (ap) (Entered: 07/17/2024)
7/12/2024SENTENCING SUBMISSION by USA as to Jordan Bennett. (Fiddelman, Jacob) (Entered: 07/12/2024)
7/12/2024 LETTER by USA as to Justin Ballester addressed to Judge Paul G. Gardephe from USA dated 07/12/2024 re: Response to Court Order re Ballester Sentencing Document filed by USA. (Herman, Michael) (Entered: 07/12/2024)
7/11/2024ORDER as to Elijah Pough: For the reasons stated at today's conference, James Roth is relieved as counsel for Defendant Elijah Pough. Harvey Fishbein is appointed as counsel for Defendant Pough pursuant to the Criminal Justice Act. Added attorney Harvey Fishbein for Elijah Pough. Attorney James Michael Roth terminated in case as to Elijah Pough. (Signed by Judge Paul G. Gardephe on 7/11/2024) (ap) (Entered: 07/11/2024)
7/11/2024ORDER as to Bruce Silva, Bruce Melvin, Elijah Pough: A conference will be held in this matter on July 18, 2024, at 2:00 p.m., in Courtroom 705, United States Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 7/18/2024 at 02:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 7/11/2024) (ap) (Entered: 07/11/2024)
7/11/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to Elijah Pough held on 7/11/2024. Status conference held. Defendant E. Pough present with attorney James Roth. On Call CJA Counsel Harvey Fishbein present. AUSA not present. Court reporter Alena Lynch present. James Roth is hereby relieved as attorney of record, CJA counsel Harvey Fishbein is hereby appointed to represent Elija Pough. Detention continued. (job) (Entered: 07/11/2024)
7/11/2024ORDER as to Justin Ballester: The sentencing in this matter scheduled for July 16, 2024 is adjourned to July 18, 2024, 3:00 p.m. The sentencing will take place in Courtroom 705, United States Courthouse, 40 Foley Square, New York, New York. (Sentencing set for 7/18/2024 at 03:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 7/11/2024) (ap) (Entered: 07/11/2024)
7/10/2024ORDER as to Justin Ballester: The facts alleged in the PSR regarding the November 2021 and December 2021 shootings are insufficient to support a finding that those shootings constitute attempted murder in the second degree. Moreover, the facts alleged regarding the December 2021 shooting are insufficient to support a finding that this offense was committed in furtherance of the charged racketeering conspiracy to which Ballester pled guilty. (Id. 25) These matters are material to the calculation of the applicable Guidelines range in the PSR because each shooting is treated as an individual racketeering act and as a separate "group" for Guidelines purposes. The Government will make a submission by July 12, 2024 providing a factual basis for its claim that (1) the November 2021 and December 2021 shootings constitute attempted murder in the second degree; and (2) the December 2021 shooting was committed in furtherance of the alleged Dub City racketeering enterprise. (Signed by Judge Paul G. Gardephe on 7/10/2024) (ap) (Entered: 07/11/2024)
7/10/2024MEMO ENDORSEMENT as to Elijah Pough granting 173 LETTER MOTION addressed to Judge Paul G. Gardephe from James Roth, Esq. dated July 10,2024 re: Substitution of counsel hearing. ENDORSEMENT: MEMO ENDORSED: The application is granted. A conference will be held in this matter on July 11, 2024 at 2:00 p.m. in Comiroom 705, United States Comihouse, 40 Foley Square, New York, New York. The Government need not attend. SO ORDERED. (Attorney Appointment Hearing set for 7/11/2024 at 02:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 7/10/2024) (lnl) (Entered: 07/10/2024)
7/10/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from James Roth, Esq. dated July 10,2024 re: Substitution of counsel hearing . Document filed by Elijah Pough. (Roth, James) (Entered: 07/10/2024)
7/9/2024SENTENCING SUBMISSION by USA as to Justin Ballester. (Herman, Michael) (Entered: 07/09/2024)
7/8/2024SENTENCING SUBMISSION by Jordan Bennett. (Attachments: # 1 Exhibit A - [redacted], # 2 Exhibit B - L. Graves LOS, # 3 Exhibit C - K. Fripps LOS, # 4 Exhibit D - C. Bradley LOS, # 5 Exhibit E - T. Gray LOS, # 6 Exhibit F - D. Miles LOS, # 7 Exhibit G - T. Dickens LOS, # 8 Exhibit H - J. Pitts LOS, # 9 Exhibit I - J-L Lolita LOS, # 10 Exhibit J - F. Bills LOS, # 11 Exhibit K - C. Knight LOS, # 12 Exhibit L - D. Fripp LOS)(Bradley, Michael) (Entered: 07/08/2024)
7/8/2024MEMO ENDORSEMENT as to Shadell McBride (5) denying 168 LETTER MOTION addressed to Judge Paul G. Gardephe from Andrew Patel re: July 6, 2024 attend grandmother's funeral. ENDORSEMENT: The application is denied. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/8/2024) (lnl) (Entered: 07/08/2024)
7/6/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from Andrew Patel re: July 6, 2024 attend grandmother's funeral. Document filed by Shadell McBride. (Patel, Andrew) (Entered: 07/06/2024)
7/3/2024MEMO ENDORSEMENT 166 CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from Michael D. Bradley dated July 3, 2024 re: I write to respectfully request an extension of time to file the defense sentencing memorandum, from July 5 to July 8, 2024 as to Jordan Bennett...ENDORSEMENT...The Application is granted. SO ORDERED (Signed by Judge Paul G. Gardephe on 7/3/24) (jw) (Entered: 07/03/2024)
7/3/2024CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from Michael D. Bradley dated July 3, 2024 re: I write to respectfully request an extension of time to file the defense sentencing memorandum, from July 5 to July 8, 2024. . Document filed by Jordan Bennett. (Bradley, Michael) (Entered: 07/03/2024)
7/2/2024SENTENCING SUBMISSION by Justin Ballester. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Quigley, Brendan) (Entered: 07/02/2024)
6/24/2024Set/Reset Hearings as to Gabriel Valdez: Sentencing set for 8/21/2024 at 03:00 PM before Judge Paul G. Gardephe. (ap) (Entered: 06/24/2024)
6/24/2024MEMO ENDORSEMENT as to Gabriel Valdez (9) granting 160 LETTER MOTION addressed to Judge Paul G. Gardephe from John L. Russo, Esq. dated June 20, 2024 re: Adjourn Sentencing. ENDORSEMENT: The application is granted. Defendant Valdez's sentencing is adjourned to August 21, 2024 at 3:00 p.m. (Signed by Judge Paul G. Gardephe on 6/24/2024) (ap) (Entered: 06/24/2024)
6/24/2024ORDER 86 LETTER MOTION addressed to Judge Paul G. Gardephe from USA dated March 1, 2024 re: Motion for Discovery Sanctions as to Bruce Melvin. For the reasons stated above, the Government's motion for discovery sanctions against Melvin is granted. Melvin may only access the discovery materials in this case while in the presence of counsel. The Clerk of Court is directed to terminate the motion (Dkt. No. 86) (Signed by Judge Paul G. Gardephe on 6/24/24) (jw) (Entered: 06/24/2024)
6/21/2024 LETTER by USA as to Bruce Melvin addressed to Judge Paul G. Gardephe from USA dated June 21, 2024 re: Response to Court Inquiry 161 re Pending Sanctions Motion. Document filed by USA. (Fiddelman, Jacob) (Entered: 06/21/2024)
6/21/2024ORDER as to Bruce Melvin. In connection with the Government's pending motion for discovery sanctions against Defendant Bruce Melvin (Dkt. No. 86), the Government will make a submission by June 24, 2024 addressing: (1) whether any Defendants in this case other than Melvin while in custody at the MDC were in possession of a contraband cellphone or any other technological means capable of broadcasting online the post-arrest interview of Jordan Bennett; and (2) if so, whether there is any evidence that any Defendants other than Melvin in fact posted that interview online (Government Responses due by 6/24/2024) (Signed by Judge Paul G. Gardephe on 6/20/24)(jw) (Entered: 06/21/2024)
6/20/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from John L. Russo, Esq. dated June 20, 2024 re: Adjourn Sentencing . Document filed by Gabriel Valdez. (Russo, John) (Entered: 06/20/2024)
6/20/2024 LETTER by USA as to Bruce Melvin addressed to Judge Paul G. Gardephe from USA dated 6/20/2024 re: Melvin Discovery Sanctions Document filed by USA. (Herman, Michael) (Entered: 06/20/2024)
6/3/2024Set/Reset Hearings as to Justin Ballester: Sentencing set for 7/16/2024 at 03:00 PM before Judge Paul G. Gardephe. (ap) (Entered: 06/03/2024)
6/3/2024MEMO ENDORSEMENT as to Justin Ballester (6) granting 154 CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from Brendan F. Quigley dated May 30, 2024 re: Request a One-Month Adjournment of Mr. Ballesters Sentencing. ENDORSEMENT: The Application is granted. Sentencing is adjourned to July 16, 2024 at 3:00 p.m. (Signed by Judge Paul G. Gardephe on 6/3/2024) (ap) (Entered: 06/03/2024)
5/30/2024CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from Brendan F. Quigley dated May 30, 2024 re: Request a One-Month Adjournment of Mr. Ballesters Sentencing . Document filed by Justin Ballester. (Quigley, Brendan) (Entered: 05/30/2024)
5/22/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alzubair Saleh. Notice is hereby given that an official transcript of a Plea proceeding held on 4/17/2024 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: 05/22/2024)
5/22/2024TRANSCRIPT of Proceedings as to Alzubair Saleh re: Plea held on 4/17/2024 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Paula Horovitz, (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 6/12/2024. Redacted Transcript Deadline set for 6/24/2024. Release of Transcript Restriction set for 8/20/2024. (McGuirk, Kelly) (Entered: 05/22/2024)
5/14/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Emmanuel Perez. Notice is hereby given that an official transcript of a Plea proceeding held on 4/24/2024 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: 05/14/2024)
5/14/2024TRANSCRIPT of Proceedings as to Emmanuel Perez re: Plea held on 4/24/2024 before Judge Paul G. Gardephe. 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 6/4/2024. Redacted Transcript Deadline set for 6/14/2024. Release of Transcript Restriction set for 8/12/2024. (McGuirk, Kelly) (Entered: 05/14/2024)
5/13/2024MEMO ENDORSEMENT as to (23-Cr-204-9) Gabriel Valdez on re: 142 LETTER MOTION filed by Gabriel Valdez addressed to Judge Paul G. Gardephe from Attorney John L. Russo dated May 10, 2024 re: Adjournment of Sentencing. ENDORSEMENT: The application is granted. Defendant Valdez's sentencing is adjourned to July 10, 2024, at 3:00 p.m. SO ORDERED. ( Sentencing set for 7/10/2024 at 03:00 PM before Judge Paul G. Gardephe. )(Signed by Judge Paul G. Gardephe on 5/13/2024) (bw) (Entered: 05/13/2024)
5/13/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Bruce Melvin. Notice is hereby given that an official transcript of a Hearing proceeding held on 4/24/2024 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: 05/13/2024)
5/13/2024TRANSCRIPT of Proceedings as to Bruce Melvin re: Hearing held on 4/24/2024 before Judge Paul G. Gardephe. 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 6/3/2024. Redacted Transcript Deadline set for 6/13/2024. Release of Transcript Restriction set for 8/12/2024. (McGuirk, Kelly) (Entered: 05/13/2024)
5/10/2024 REPLY MEMORANDUM OF LAW in Support as to Bruce Silva re: 109 MOTION to Suppress Physical and Electronic Evidence. . (Miedel, Florian) (Entered: 05/10/2024)
5/10/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from John L. Russo dated May 10, 2024 re: Adjournment of Sentencing . Document filed by Gabriel Valdez. (Russo, John) (Entered: 05/10/2024)
5/8/2024 LETTER by Bruce Melvin addressed to Judge Paul G. Gardephe from Todd A. Spodek dated 05/08/2024 re: Response to the Government's Post-Hearing Letter Brief (Spodek, Todd) (Entered: 05/08/2024)
5/6/2024 RESPONSE in Opposition by USA as to Bruce Silva re: 109 MOTION to Suppress Physical and Electronic Evidence.. (King, Matthew) (Entered: 05/06/2024)
5/1/2024 LETTER by USA as to Bruce Melvin addressed to Judge Paul G. Gardephe from USA dated May 1, 2024 re: Post-Hearing Letter Brief as to Melvin Discovery Sanctions Motion. Document filed by USA. (Fiddelman, Jacob) (Entered: 05/01/2024)
4/24/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Evidentiary Hearing as to Bruce Melvin held on 4/24/2024. Defendant B, Melvin present with attorney Todd Spodek. Curcio Counsel Sam Gregory present. AUSAs Jacob Fiddelman and Matthew King present. Detention continued. (Court Reporter Pamela Utter) (ap) (Entered: 04/24/2024)
4/24/2024Order of Referral to Probation for Presentence Investigation and Report as to Emmanuel Perez. (Signed by Judge Paul G. Gardephe on 4/24/24)(jbo) (Entered: 04/24/2024)
4/24/2024Change of Not Guilty Plea to Guilty Plea as to Emmanuel Perez (10) Count 1. (jbo) (Entered: 04/24/2024)
4/24/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Change of Plea Hearing as to Emmanuel Perez held on 4/24/2024. Plea entered by Emmanuel Perez (10) Guilty as to Count 1. Defendant E. Perez present with attorney Jacqueline Cistaro. AUSA Matthew King present. Court reporter Pamela Utter present. Signed advice of rights form marked as court exhibit 1. Signed plea agreement marked as court exhibit 2. The defendant withdraws his previous plea of not guilty and now enters a plea of guilty to count 1. PSI Ordered. Sentence set for 8/29/24 at 3:00 pm. Detention continued. (Sentencing set for 8/29/2024 at 03:00 PM before Judge Paul G. Gardephe.) (jbo) (Entered: 04/24/2024)
4/24/2024ORDER as to Bruce Melvin: As stated at today's evidentiary hearing, the Government's post-hearing briefing is due by May 1, 2024. Defendant Melvin's response is due by May 8, 2024. (Responses due by 5/1/2024. Replies due by 5/8/2024) (Signed by Judge Paul G. Gardephe on 4/24/2024) (ap) (Entered: 04/24/2024)
4/19/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jordan Bennett. Notice is hereby given that an official transcript of a Plea proceeding held on 3/25/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/19/2024)
4/19/2024TRANSCRIPT of Proceedings as to Jordan Bennett re: Plea held on 3/25/2024 before Magistrate Judge James L. Cott. 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 5/10/2024. Redacted Transcript Deadline set for 5/20/2024. Release of Transcript Restriction set for 7/18/2024. (McGuirk, Kelly) (Entered: 04/19/2024)
4/17/2024ORAL ORDER as to (23-Cr-204-7) Alzubair Saleh. Sentencing set for 8/22/2024 at 03:00 PM before Judge Paul G. Gardephe. (bw) (Entered: 04/17/2024)
4/17/2024Order of Referral to Probation for Presentence Investigation and Report as to (23-Cr-204-7) Alzubair Saleh. (By Judge Paul G. Gardephe on 4/17/2024) (bw) (Entered: 04/17/2024)
4/17/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Plea entered by Alzubair Saleh (7) Guilty as to Count 1. (bw) (Entered: 04/17/2024)
4/17/2024Change of Not Guilty Plea to Guilty Plea as to Alzubair Saleh (7) Count 1. (bw) (Entered: 04/17/2024)
4/17/2024Minute Entryfor proceedings held before Judge Paul G. Gardephe: Change of Plea Hearing as to (23-Cr-204-7) Alzubair Saleh held on 4/17/2024. Change of plea hearing held. Defendant Alzubair Saleh present with attorney Joshua Horowitz. AUSA Jacob Fiddelman present. Court reporter Paula Horovitz present. Arabian interpreter Noureddine Noureddine present. Signed advice of rights form marked as court exhibit 1. Signed plea agreement marked as court exhibit 2. The defendant withdraws his previous plea of not guilty and enters a plea of guilty to count 1. PSI ordered. Sentence set for 8/22/24 at 3:00 pm. Detention continued (bw); Modified on 4/17/2024 (bw). (Entered: 04/17/2024)
4/12/2024ORDER as to Emmanuel Perez: A change-of-plea hearing will take place in this matter on April 24, 2024 at 9:30 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Change of Plea Hearing set for 4/24/2024 at 09:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 4/12/2024) (lnl) (Entered: 04/12/2024)
4/12/2024JUDGMENT IN A CRIMINAL CASE as to Giovanni Rodriguez (8). The Defendant pleaded guilty to count 1. All open counts are dismissed on the motion of the United States. IMPRISONMENT: 3 years. It is recommended that the Defendant be designated to a facility as close to the New York metropolitan area as possible. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 years. ASSESSMENT: $100.00. RESTITUTION. $520.00. (Signed by Judge Paul G. Gardephe on 4/12/2024) (lnl) (Entered: 04/12/2024)
4/12/2024DISMISSAL OF COUNTS on Government Motion as to Giovanni Rodriguez (8) Count 19,20. (lnl) (Entered: 04/12/2024)
4/12/2024CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Giovanni Rodriguez. (Signed by Judge Paul G. Gardephe on 4/12/2024) (See ORDER as set forth) (lnl) (Entered: 04/12/2024)
4/12/2024ORDER OF RESTITUTION as to Giovanni Rodriguez. (Signed by Judge Paul G. Gardephe on 4/12/2024) (See ORDER as set forth) (lnl) (Entered: 04/12/2024)
4/12/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Sentencing held on 4/12/2024 for Giovanni Rodriguez (8) Count 1. Defendant Giovanni Rodriguez present with attorney Benjamin Zeman. AUSAs Michael Herman, Matthew King and Jaconb Fiddelman present. Court reporter Carol Ganley present. The defendant is sentenced to 3 years imprisonment followed by 3 years of supervised release. (lnl) (Entered: 04/12/2024)
4/12/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Curcio Hearing as to Bruce Melvin held on 4/12/2024. Defendant B. Melvin present with attorney Todd Spodek. Curcio counsel Sam Gregory present. AUSAs Jacob Fiddelman and Matthew King present. Court reporter Carol Hanley present. Evidentiary hearing set for 4/24/224 at 10:30 am. Detention continued. (Evidentiary Hearing set for 4/24/2024 at 10:30 AM before Judge Paul G. Gardephe) (lnl) (Entered: 04/12/2024)
4/12/2024ORDER as to Bruce Melvin: A continuation of the Curcio hearing in this matter will take place on April 24, 2024, at 10:30 a.m., in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Upon conclusion of the Curcio hearing, an evidentiary hearing will take place related to the Government's motion for discovery sanctions against Defendant Bruce Melvin. (Dtk. No. 86). SO ORDERED. (Curcio Hearing set for 4/24/2024 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 4/12/2024) (lnl) (Entered: 04/12/2024)
4/10/2024MEMO ENDORSEMENT as to Bruce Melvin on 129 LETTER by Bruce Melvin addressed to Judge Paul G. Gardephe from Todd A. Spodek dated 04/10/2024 re: Seeking One Hour Adjournment of Curcio Hearing w/o objection. ENDORSEMENT: The Application is granted. SO ORDERED. (Curcio Hearing set for 4/12/2024 at 10:30 AM before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 4/10/2024) (lnl) (Entered: 04/10/2024)
4/10/2024 LETTER by Bruce Melvin addressed to Judge Paul G. Gardephe from Todd A. Spodek dated 04/10/2024 re: Seeking One Hour Adjournment of Curcio Hearing w/o objection (Spodek, Todd) (Entered: 04/10/2024)
4/10/2024ORDER as to Jordan Bennett: A sentencing hearing will take place in this matter on July 19, 2024, at 2:00 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Sentencing set for 7/19/2024 at 02:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 4/10/2024) (lnl) (Entered: 04/10/2024)
4/9/2024ORDER as to Alzubair Saleh: A change-of-plea hearing will take place in this matter on April 17, 2024 at 2:00 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Change of Plea Hearing set for 4/17/2024 at 02:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 4/9/2024) (lnl) (Entered: 04/09/2024)
4/9/2024 LETTER by USA as to Bruce Melvin addressed to Judge Paul G. Gardephe from USA dated Apr. 9, 2024 re: Legal Analysis and Proposed Curcio Script as to Defendant Bruce Melvin. Document filed by USA. (Fiddelman, Jacob) (Entered: 04/09/2024)
4/9/2024Attorney update in case as to Bruce Melvin. Attorney Samuel Gregory for Bruce Melvin added as limited-purpose Curcio counsel. (job) (Entered: 04/09/2024)
4/9/2024Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Attorney Appointment Hearing as to Bruce Melvin held on 4/9/2024. AUSA Matt King present for the Government. Defendant present with attorney, Samuel Gregory. BAIL DISPOSITION: Samuel Gregory appointed as limited-purpose Curcio counsel. (job) (Entered: 04/09/2024)
4/9/2024124CJA 23 Financial Affidavit by Bruce Melvin. CJA, attorney, Samuael Gregory appointed counsel. Approved. (Signed by Magistrate Judge Sarah Netburn) (job) (Entered: 04/09/2024)
4/8/2024MEMO ENDORSEMENT as to Bruce Melvin on 121 CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from AUSA Jacob R. Fiddelman dated Apr. 5, 2024 re: Request for Curcio Hearing as to Defendant Bruce Melvin and Adjournment of Discovery Sanctions Hearing. ENDORSEMENT: The Application is granted. The Government will arrange to have Mr. Melvin produced in Magistrate's Court for purposes of appointment of CJA counsel. Melvin will complete an updated financial affidavit. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/5/2024) (lnl) (Entered: 04/09/2024)
4/5/2024SENTENCING SUBMISSION by USA as to Giovanni Rodriguez. (Herman, Michael) (Entered: 04/05/2024)
4/5/2024CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from AUSA Jacob R. Fiddelman dated Apr. 5, 2024 re: Request for Curcio Hearing as to Defendant Bruce Melvin and Adjournment of Discovery Sanctions Hearing. . Document filed by USA as to Bruce Melvin. (Fiddelman, Jacob) (Entered: 04/05/2024)
4/4/2024DECLARATION of Bruce Silva in Support as to Bruce Silva re: 109 MOTION to Suppress Physical and Electronic Evidence.. (Miedel, Florian) (Entered: 04/04/2024)
4/3/2024MEMO ENDORSEMENT as to (23-Cr-204-1) Bruce Silva on re: 117 CONSENT LETTER MOTION filed by USA addressed to Judge Paul G. Gardephe from USA dated Apr. 2, 2024 re: Adjustment of Motions Briefing Schedule as to Defendant Bruce Silva....The Government respectfully submits this letter motion to request an adjustment to the briefing schedule for defendant Bruce Silva's pending motion to suppress (Dkt. 109, 110). As the Court is aware, other defendants in the case received a final, two-week extension of their motions deadline to April 4. To avoid multiple overlapping briefing schedules and to permit the Government to file a single, omnibus response to all pretrial motions, the Government respectfully requests that its deadline to respond to Silva's motion be extended by two weeks to May 6, with Silva's reply due May 20, which is the schedule for the remaining defendants. Counsel for defendant Silva does not object to this request. ENDORSEMENT: The Application is granted. SO ORDERED: ( Responses due by 5/6/2024. Replies due by 5/20/2024. )(Signed by Judge Paul G. Gardephe on 4/3/2024) (bw) (Entered: 04/03/2024)
4/3/2024Oral Order of Referral to Probation for Presentence Investigation and Report as to Shadell McBride. (Signed by Judge Paul G. Gardephe on 4/3/2024) (ap) (Entered: 04/03/2024)
4/3/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Plea entered by Shadell McBride (5) Guilty as to Count 1,20. (ap) (Entered: 04/03/2024)
4/3/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Change of Plea Hearing as to Shadell McBride held on 4/3/2024. Change of plea hearing held. Defendant Shadell McBride present with attorney Andrew Patel. AUSA Jacob Fiddelman present. Signed advice of rights form marked as court exhibit 1. Signed plea agreement marked as court exhibit 2. The defendant withdraws his previous plea of not guilty and now pleads guilty to counts 1 and 20 of 23cr204. PSI ordered. Sentence set for 8/15/24 at 3:00 pm. Detention continued. (Sentencing set for 8/15/2024 at 03:00 PM before Judge Paul G. Gardephe) (Court Reporter Sharonda Jones) (ap) (Entered: 04/03/2024)
4/2/2024CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from USA dated Apr. 2, 2024 re: Adjustment of Motions Briefing Schedule as to Defendant Bruce Silva. . Document filed by USA as to Bruce Silva. (Fiddelman, Jacob) (Entered: 04/02/2024)
4/2/2024CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from USA dated Apr. 2, 2024 re: Acceptance of Defendant Jordan Bennett's Guilty Plea Before Magistrate Judge. . Document filed by USA as to Jordan Bennett. (Attachments: # 1 Exhibit - Plea Transcript, # 2 Exhibit - Plea Agreement, # 3 Proposed Order Accepting Guilty Plea.)(Fiddelman, Jacob) (Entered: 04/02/2024)
4/1/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to Bruce Melvin held on 4/1/2024. Status conference held. Defendant B. Melvin present with attorney Todd Spodek. AUSA's Jacob Fiddeman, Michael Herman and Matthew King present. Court reporter Tracy Groth present. Evidentiary hearing scheduled for 4/12/24 at 9:30 am. (Evidentiary Hearing set for 4/12/2024 at 09:30 AM before Judge Paul G. Gardephe.) (job) (Entered: 04/01/2024)
3/30/2024MEMO ENDORSEMENT as to Alzubair Saleh granting 111 SECOND MOTION for Extension of Time to file pretrial motions. ENDORSEMENT: The Application is granted. SO ORDERED. (Motions due by 4/4/2024) (Signed by Judge Paul G. Gardephe on 3/29/2024) (lnl) (Entered: 04/01/2024)
3/28/2024SENTENCING SUBMISSION by Giovanni Rodriguez. (Attachments: # 1 Exhibit Letter from Defendant, # 2 Exhibit Letter from Defendant's girlfriend, # 3 Exhibit List of days MDC was locked down, # 4 Exhibit MDC Certificates, # 5 Exhibit GED Diploma)(Zeman, Benjamin) (Entered: 03/28/2024)
3/25/2024CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by (23-Cr-204-3) Jordan Bennett. Accepted by: (Signed by Magistrate Judge James L. Cott on 3/25/2024) (bw) (Entered: 03/26/2024)
3/25/2024Oral Order of Referral to Probation for Presentence Investigation and Report as to Jordan Bennett. (Signed by Magistrate Judge James L. Cott on 3/25/2024) (ap) (Entered: 03/25/2024)
3/25/2024Minute Entry for proceedings held before Magistrate Judge James L. Cott: Plea entered by Jordan Bennett (3) Guilty as to Count 1. (ap) (Entered: 03/25/2024)
3/25/2024Minute Entry for proceedings held before Magistrate Judge James L. Cott: Change of Plea Hearing as to Jordan Bennett held on 3/25/2024. Deft. Bennett, pres w/atty Bradley. AUSA Fiddleman Court Rpt. Deft pleas guilty to count 1 of the Indictment. PSR Ordered. Sent. Control/Date set for 6/25/2024. Deft. Detained. (ap) (Entered: 03/25/2024)
3/22/2024SECOND MOTION for Extension of Time to file pretrial motions. Document filed by Alzubair Saleh. (Horowitz, Joshua) (Entered: 03/22/2024)
3/21/2024Set/Reset Deadlines as to Bruce Melvin: Motions due by 4/5/2024. (ap) (Entered: 03/22/2024)
3/21/2024MEMO ENDORSEMENT as to Bruce Melvin (2) on 108 SECOND LETTER MOTION addressed to Judge Paul G. Gardephe from Todd A. Spodek dated 03/21/2024 re: Extension of Time to File Pretrial Motions. ENDORSEMENT: Defendant Melvin's time to file pretrial motions is extended to April 4, 2024. No fur5hter extensions will be granted. (Signed by Judge Paul G. Gardephe on 3/21/2024) (ap) (Entered: 03/22/2024)
3/21/2024MEMORANDUM in Support by Bruce Silva re 109 MOTION to Suppress Physical and Electronic Evidence.. (Attachments: # 1 Exhibit A-B)(Miedel, Florian) (Entered: 03/21/2024)
3/21/2024 MOTION to Suppress Physical and Electronic Evidence. Document filed by Bruce Silva. (Miedel, Florian) (Entered: 03/21/2024)
3/21/2024SECOND LETTER MOTION addressed to Judge Paul G. Gardephe from Todd A. Spodek dated 03/21/2024 re: Extension of Time to File Pretrial Motions . Document filed by Bruce Melvin. (Spodek, Todd) (Entered: 03/21/2024)
3/13/2024ORDER as to (23-cR-204-5) Shadell McBride. A change-of-plea hearing will take place in this matter on April 3, 2024, at 2:00 p.m., in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. ( Change of Plea Hearing set for 4/3/2024 at 02:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. )(Signed by Judge Paul G. Gardephe on 3/13/2024) (bw) (Entered: 03/14/2024)
3/13/2024ORDER as to (23-Cr-204-2) Bruce Melvin. A conference will take place in this matter on April 1, 2024, at 3:00 p.m., in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. ( Status Conference set for 4/1/2024 at 03:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. )(Signed by Judge Paul G. Gardephe on 3/13/2024) (bw) (Entered: 03/14/2024)
3/13/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gabriel Valdez. Notice is hereby given that an official transcript of a Plea proceeding held on 2/16/24 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 03/13/2024)
3/13/2024TRANSCRIPT of Proceedings as to Gabriel Valdez re: Plea held on 2/16/24 before Judge Paul G. Gardephe. 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 4/3/2024. Redacted Transcript Deadline set for 4/15/2024. Release of Transcript Restriction set for 6/11/2024. (Moya, Goretti) (Entered: 03/13/2024)
3/13/2024LETTER REPLY TO RESPONSE to Motion by USA as to Bruce Melvin addressed to Judge Paul G. Gardephe from USA dated 3/13/2024 re 86 LETTER MOTION addressed to Judge Paul G. Gardephe from USA dated March 1, 2024 re: Motion for Discovery Sanctions .. (Herman, Michael) (Entered: 03/13/2024)
3/13/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Justin Ballester. Notice is hereby given that an official transcript of a Plea proceeding held on 2/12/24 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 03/13/2024)
3/13/2024TRANSCRIPT of Proceedings as to Justin Ballester re: Plea held on 2/12/24 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Tracy Groth, (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 4/3/2024. Redacted Transcript Deadline set for 4/15/2024. Release of Transcript Restriction set for 6/11/2024. (Moya, Goretti) (Entered: 03/13/2024)
3/7/2024MEMO ENDORSEMENT granting 99 FIRST LETTER MOTION filed by Emmanuel Perez (10), addressed to Judge Paul G. Gardephe from Attorney Jacqueline E. Cistaro dated March 7, 2024 re: Motion for Extension of Time to File Pretrial Motions.... We represent Emmanuel Perez in the above-captioned matter. We write to respectfully request a two week extension to file pretrial motions pursuant to the Court's order. ENDORSEMENT: The Application is granted. SO ORDERED: (Signed by Judge Paul G. Gardephe on 3/7/2024) (bw) (Entered: 03/08/2024)
3/7/2024FIRST LETTER MOTION addressed to Judge Paul G. Gardephe from Jacqueline E. Cistaro dated March 7, 2024 re: Motion for Extension of Time to File Pretrial Motions . Document filed by Emmanuel Perez. (Cistaro, Jacqueline) (Entered: 03/07/2024)
3/7/2024MEMO ENDORSEMENT as to (23-Cr-204-2) Bruce Melvin on re: 97 LETTER MOTION filed by Bruce Melvin addressed to Judge Paul G. Gardephe from Attorney Todd A. Spodek dated 03/07/2024 re: Extension of Time to File Pretrial Motions.... Pursuant to the Court's Order (ECF No.: 75), Pre-Trial Motions are due today (March 7, 2024).... We seek an extension from the court for this deadline to be moved to March 21, 2024. ENDORSEMENT: The Application is granted. SO ORDERED: ( Motions due by 3/21/2024. )(Signed by Judge Paul G. Gardephe on 3/7/2024) (bw) (Entered: 03/07/2024)
3/7/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from Todd A. Spodek dated 03/07/2024 re: Extension of Time to File Pretrial Motions . Document filed by Bruce Melvin. (Spodek, Todd) (Entered: 03/07/2024)
3/6/2024MEMO ENDORSEMENT as to (23-Cr-204-1) Bruce Silva on re: 93 CONSENT LETTER MOTION filed by Bruce Silva addressed to Judge Paul G. Gardephe from Attorney Florian Miedel dated 03-06-2024 re: Request for Extension of Motions Deadline.... I write, with the consent of the government, to respectfully request an extension of the pretrial motions deadline to March 21, 2024. ENDORSEMENT: The Application is granted. SO ORDERED: ( Motions due by 3/21/2023. )(Signed by Judge Paul G. Gardephe on 3/6/2024)(bw) (Entered: 03/06/2024)
3/6/2024MEMO ENDORSEMENT as to (23-Cr-204-3) Jordan Bennett on re: 91 CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from Attorney Michael D. Bradley dated March 5, 2024 re: Respectfully requesting an extension of time to file pretrial motions through March 21, 2024. ENDORSEMENT: The Application is granted. SO ORDERED: ( Motions due by 3/21/2024. )(Signed by Judge Paul G. Gardephe on 3/6/2024)(bw) (Entered: 03/06/2024)
3/6/2024ORDER as to (23-Cr-204-02) Bruce Melvin. The Government is directed to file a reply to Defendant Bruce Melvin's opposition to the Government's motion for discovery sanctions (Dkt. No. 92) by March 13, 2024. SO ORDERED. ( Replies due by 3/13/2024. )(Signed by Judge Paul G. Gardephe on 3/6/2024) (bw) (Entered: 03/06/2024)
3/6/2024CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from Florian Miedel dated 03-06-2024 re: Request for Extension of Motions Deadline . Document filed by Bruce Silva. (Miedel, Florian) (Entered: 03/06/2024)
3/5/2024LETTER RESPONSE in Opposition by Bruce Melvin addressed to Judge Paul G. Gardephe from Todd A. Spodek dated 03/05/2024 re: 86 LETTER MOTION addressed to Judge Paul G. Gardephe from USA dated March 1, 2024 re: Motion for Discovery Sanctions .. (Spodek, Todd) (Entered: 03/05/2024)
3/5/2024CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from Michael D. Bradley dated March 5, 2024 re: Respectfully requesting an extension of time to file pretrial motions through March 21, 2024 . Document filed by Jordan Bennett. (Bradley, Michael) (Entered: 03/05/2024)
3/4/2024MEMO ENDORSEMENT as to (23-Cr-204-7) Alzubair Saleh on re: 85 CONSENT MOTION filed by Alzubair Saleh for Extension of Time to File Pretrial Motions Through March 21, 2024.... I represent Defendant Alzubair Saleh in the above matter. With the consent of the government, I write to respectfully request a two-week extension of the filing deadline for Mr. Saleh's pretrial motions, from March 7, 2024 to March 21, 2024. ENDORSEMENT: The Application is granted. SO ORDERED: ( Motions due by 3/21/2024. ) (Signed by Judge Paul G. Gardephe on 3/4/2024)(bw) (Entered: 03/04/2024)
3/4/2024ORDER as to (23-Cr-204-5) Shadell McBride. As stated on the record at today's conference, the deadline for Defendant Shadell McBride to file any pre-trial motions is extended to March 21, 2024. SO ORDERED. ( Motions due by 3/21/2024. )(Signed by Judge Paul G. Gardephe on 3/4/2024) (bw) (Entered: 03/04/2024)
3/4/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to Shadell McBride held on 3/4/2024. Defendant S. McBride present with attorney Andrew Patel. AUSA not present. Court reporter Sam Mauro present. (job) (Entered: 03/04/2024)
3/4/2024ORDER as to (23-Cr-204-2) Bruce Melvin. Defendant Bruce Melvin's response to the Government's motion for discovery sanctions (Dkt. No. 86) is due March 5, 2024. SO ORDERED. ( Responses due by 3/5/2024 )(Signed by Judge Paul G. Gardephe on 3/2/2024)(bw) (Entered: 03/04/2024)
3/2/2024 LETTER by USA as to Bruce Melvin addressed to Judge Paul G. Gardephe from USA dated March 2, 2024 re: Correction to Government's Letter Motion Seeking Discovery Sanctions Document filed by USA. (King, Matthew) (Entered: 03/02/2024)
3/1/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from USA dated March 1, 2024 re: Motion for Discovery Sanctions . Document filed by USA as to Bruce Melvin. (King, Matthew) (Entered: 03/01/2024)
3/1/2024CONSENT MOTION for Extension of Time to File Pretrial Motions Through March 21, 2024. Document filed by Alzubair Saleh. (Horowitz, Joshua) (Entered: 03/01/2024)
3/1/2024Set/Reset Hearings as to Shadell McBride: Status Conference set for 3/4/2024 at 03:00 PM before Judge Paul G. Gardephe. (ap) (Entered: 03/01/2024)
3/1/2024MEMO ENDORSEMENT as to Shadell McBride (5) on 83 LETTER MOTION addressed to Judge Paul G. Gardephe from Andrew Patel dated February 29, 2024 re: status conference request. ENDORSEMENT: The Court will conduct a conference for Defendant Mr. McGride on March 4, 2024 at 3:00 p.m. (Signed by Judge Paul G. Gardephe on 3/1/2024) (ap) (Entered: 03/01/2024)
2/29/2024 LETTER MOTION addressed to Judge Paul G. Gardephe from Andrew Patel dated February 29, 2024 re: status conference request . Document filed by Shadell McBride. (Patel, Andrew) (Entered: 02/29/2024)
2/16/2024Oral Order of Referral to Probation for Presentence Investigation and Report as to Gabriel Valdez. (Signed by Judge Paul G. Gardephe on 2/16/2024) (lnl) (Entered: 02/16/2024)
2/16/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Change of Plea Hearing as to Gabriel Valdez held on 2/16/2024. Defendant G. Valdez present with attorney John Russo. AUSA Jacob Fiddelman present. Court reporter Devon Gerber present. Signed advice of rights form marked as court exhibit 1. Signed Plea agreement marked as court exhibit 2. The defendant withdraws his pervious plea of not guilty and now pleads guilty to count 1. PSI ordered. Sentence set for 6/15/24 at 2:00 pm. Detention continued. (Sentencing set for 6/5/2024 at 02:00 PM before Judge Paul G. Gardephe) Plea entered by Gabriel Valdez (9) Guilty as to Count 1. (lnl) (Entered: 02/16/2024)
2/12/2024ORDER as to (23-Cr-204-09) Gabriel Valdez. The change-of-plea hearing in this matter currently scheduled for February 13, 2024, at 10:00 a.m. is adjourned to February 16, 2024, at 2:00 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. ( Change of Plea Hearing set for 2/16/2024 at 02:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. ) (Signed by Judge Paul G. Gardephe on 2/12/2024)(bw) (Entered: 02/12/2024)
2/12/2024Order of Referral to Probation for Presentence Investigation and Report as to Justin Ballester. (Signed by Judge Paul G. Gardephe on 2/12/24)(jbo) (Entered: 02/12/2024)
2/12/2024Change of Not Guilty Plea to Guilty Plea as to Justin Ballester (6) Count 1. (jbo) (Entered: 02/12/2024)
2/12/2024Minute Entry for proceedings held before Judge Paul G. Gardephe: Change of Plea Hearing as to Justin Ballester held on 2/12/2024. Plea entered by Justin Ballester (6) Guilty as to Count 1. Defendant J. Ballester present with attorney Brendan Quigley. AUSA Michael Herman present. Court reporter Tracey Goth present. Signed advice of right form marked as court 1. Signed plea agreement marked as court exhibit 2. The defendant withdraws his previous plea of not guilty and enters a plea of guilty to count 1 of the indictment. PSI ordered. Sentence set for 6/14/24 at 10:00 am. Detention continued. (Sentencing set for 6/14/2024 at 10:00 AM before Judge Paul G. Gardephe.) (jbo) (Entered: 02/12/2024)
2/9/2024ORDER as to Gabriel Valdez: A change-of-plea hearing will take place in this matter on February 13, 2024, at 10:00 a.m., in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Change of Plea Hearing set for 2/13/2024 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 2/9/2024) (lnl) (Entered: 02/09/2024)
1/31/2024ORDER as to (23-Cr-204-6) Justin Ballester. A change-of-plea hearing will take place in this matter on February 12, 2024, at 10:00 a.m., in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. ( Change of Plea Hearing set for 2/12/2024 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. ) (Signed by Judge Paul G. Gardephe on 1/31/2024)(bw) (Entered: 01/31/2024)
12/26/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Giovanni Rodriguez. Notice is hereby given that an official transcript of a Plea proceeding held on 12/1/2023 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: 12/26/2023)
12/26/2023TRANSCRIPT of Proceedings as to Giovanni Rodriguez re: Plea held on 12/1/2023 before Judge Paul G. Gardephe. 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 1/16/2024. Redacted Transcript Deadline set for 1/26/2024. Release of Transcript Restriction set for 3/25/2024. (McGuirk, Kelly) (Entered: 12/26/2023)
12/7/2023ORDER as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Gabriel Valdez, Emmanuel Perez. As stated at today's conference, pre-trial motions in the above-captioned cases are due by March 7, 2024. Opposition briefs are due by April 8, 2024. Reply briefs, if any, are due by April 22, 2024. Trial is scheduled for October 7, 2024, at 9:30 a.m., in Courtroom 705, United States Courthouse, 40 Foley Square, New York, New York. Motions in limine, proposed voir dire, and requests to charge are due by September 6, 2024. Responsive papers are due by September 13, 2024. The Court's intent was to exclude time under the Speedy Trial Act from December 7, 2023 to October 7, 2024 for the purposes of each of the above-captioned cases. (Pre-trial Motions due by 3/7/2024., Replies briefs due by 4/22/2024., Opposition briefs due by 4/8/2024) Time excluded from 12/7/23 until 10/7/24. (Signed by Judge Paul G. Gardephe on 12/7/2023)(jw) (Entered: 12/08/2023)
12/7/2023ORAL ORDER as to Bruce Silva (1), Bruce Melvin (2), Jordan Bennett (3), Elijah Pough (4), Shadell McBride (5), Alzubair Saleh (7), Gabriel Valdez (9), Emmanuel Perez (10). Time excluded from 12/7/2023 until 10/7/2024. Jury Trial set for 10/7/2024 at 09:30 AM before Judge Paul G. Gardephe. (bw) (Entered: 12/07/2023)
12/7/2023Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to Bruce Silva (1), Bruce Melvin (2), Jordan Bennett (3), Elijah Pough (4), Shadell McBride (5), Alzubair Saleh (7), Gabriel Valdez (9), Emmanuel Perez (10), held on 12/7/2023. Status conference held. Defendant Bruce Silva present with attorney Florian Miedel. Defendant Bruce Melvin present with attorney Todd Spodek. Defendant Jordan Bennett present with attorney Michael Bradley. Defendant Elijah Pough present with attorney James Roth. Defendant Shadell McBride present with attorney Andrew Patel. Defendant Alzubair Saleh present with attorney Joshua Horowitz. Defendant Gabriel Valdez present with attorney James Roth for John Russo. Defendant Emmanuel Perez present with attorney David Bertan. AUSAs Jacob Fiddelman and Michael Herman present. Court reporter Sadie Herbert present. Jury Trial set as to all defendants set for 10/7/24 at 9:30 am. Speedy trial time is excluded from 12/7/23 until 10/7/24. Detention continued as to all defendants. (bw) Modified on 12/8/2023 (mr). Modified on 12/8/2023 (mr). (Entered: 12/07/2023)
12/6/2023NOTICE as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Gabriel Valdez, Emmanuel Perez The Status Conference which is set for 12/7/2023 at 02:30 PM will take place in Courtroom 506, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (mr) (Entered: 12/06/2023)
12/1/2023Oral Order of Referral to Probation for Presentence Investigation and Report as to Giovanni Rodriguez. (Signed by Judge Paul G. Gardephe on 12/1/2023) (ap) (Entered: 12/01/2023)
12/1/2023Minute Entry for proceedings held before Judge Paul G. Gardephe: Plea entered by Giovanni Rodriguez (8) Guilty as to Count 1. (ap) (Entered: 12/01/2023)
12/1/2023Minute Entry for proceedings held before Judge Paul G. Gardephe: Change of Plea Hearing as to Giovanni Rodriguez held on 12/1/2023. Change of plea hearing held. Defendant G. Rodriguez present with attorney Benjamin Zeman. AUSA Michael Herman present. Court reporter Amy Walker present. Signed advice of right form marked as court exhibit 1. Signed plea agreement marked as court exhibit 2. The defendant withdraws his previous plea of not guilty and now enters a plea of guilty to count 1. PSI ordered. Sentence set for 4/12/24 at 2:00 pm. Detention continued. (Sentencing set for 4/12/2024 at 02:00 PM before Judge Paul G. Gardephe) (Court Reporter Amy Walker) (ap) (Entered: 12/01/2023)
11/22/2023ORDER as to (23-Cr-204-8) Giovanni Rodriguez. A change-of-plea hearing will take place in this matter on December 1, 2023 at 11:00am in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. ( Change of Plea Hearing set for 12/1/2023 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. )(Signed by Judge Paul G. Gardephe on 11/22/2023)(bw) (Entered: 11/22/2023)
10/16/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez. Notice is hereby given that an official transcript of a Conference proceeding held on 9/7/2023 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: 10/16/2023)
10/16/2023TRANSCRIPT of Proceedings as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez re: Conference held on 9/7/2023 before Judge Paul G. Gardephe. 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 11/6/2023. Redacted Transcript Deadline set for 11/16/2023. Release of Transcript Restriction set for 1/14/2024. (McGuirk, Kelly) (Entered: 10/16/2023)
10/6/2023 LETTER by USA as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez addressed to Judge Paul G. Gardephe from USA dated Oct. 6, 2023 re: Discovery Status Update. Document filed by USA. (Fiddelman, Jacob) (Entered: 10/06/2023)
9/7/2023Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez held on 9/7/2023. Status conference held. Defendant Bruce Silva present with attorney Florian Miedel Defendant Bruce Melvin present with attorney Todd Spodek Defendant Jordan Bennett present with attorney Michael Bradley. Defendant Elijah Pough present with attorney James Roth, Defendant Shadell McBride present with attorney Andrew Patel. Defendant Alzubair Saleh present with attorney Joshua Horowitz. Defendant Giovanni Rodriguez present with attorney Benjamin Zeman. Defendant Gabriel Valdez present with attorney John Russo. Defendant Emmanuel Perez present with attorneys Jaqueline Cistaro and David Bertan. AUSAs Jacob Fiddelman, and Matthew Herman present. Status conference as to all defendants set for 12/7/23 at 2:30 pm. Speedy trial time is excluded from 9/7/23 until 12/7/23. Detention continued as to all defendants. (Status Conference set for 12/7/2023 at 02:30 PM before Judge Paul G. Gardephe) (Court Reporter Alena Lynch) (ap) (Entered: 09/07/2023)
9/5/2023ORDER as to Bruce Silva: As discussed in open court, Christopher Wright's motion to withdraw as Defendant Bruce Silva's counsel is granted, and Florian Miedel is appointed to represent the Defendant pursuant to the Criminal Justice Act. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/5/2023) (Docketed in 22cr347(PGG)) (lnl) (Entered: 09/05/2023)
9/5/2023Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to Bruce Silva held on 9/5/2023. Status conference held. Defendant Bruce Silva present with attorney Christopher Wright. AUSA Jacob Fiddelman present. Attorney Christopher Wright is relieved as attorney of record, CJA attorney Florian Miedel is hereby appointed. Detention continued. Added attorney Florian Miedel for Bruce Silva. Attorney Christopher D. Wright terminated in case as to Bruce Silva. (Court Reporter Alena Lynch) (ap) (Entered: 09/05/2023)
8/30/2023MEMO ENDORSEMENT as to Bruce Silva on re: 68 FIRST MOTION for Christopher Wright to Withdraw as Attorney filed by Bruce Silva...ENDORSEMENT...The Court will hold a conference regarding attorney Christopher Wright's motion to withdraw from cases 22 Cr. 347 and 23 Cr. 204 on September 5, 2023, at3:00 p.m. in Courtroom 705 of the Thurgood Marshall U.S.Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 9/5/2023 at 03:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 8/30/23)(jw) (Entered: 08/31/2023)
8/25/2023FIRST MOTION for Christopher Wright to Withdraw as Attorney . Document filed by Bruce Silva. (Wright, Christopher) (Entered: 08/25/2023)
8/8/2023NOTICE OF ATTORNEY APPEARANCE: David Keith Bertan appearing for Emmanuel Perez. Appearance Type: CJA Appointment. (Bertan, David) (Entered: 08/08/2023)
7/31/2023NOTICE OF ATTORNEY APPEARANCE: Todd A. Spodek appearing for Bruce Melvin. Appearance Type: Retained. (Spodek, Todd) (Entered: 07/31/2023)
7/25/2023MEMO ENDORSEMENT as to Emmanuel Perez (10) on 64 FIRST LETTER MOTION addressed to Judge Paul G. Gardephe from Jacqueline E. Cistaro dated July 24, 2023 re: Letter Motion Requesting the Appointment of Co-Counsel David Bertan. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/25/2023) (ap) (Entered: 07/26/2023)
7/24/2023FIRST LETTER MOTION addressed to Judge Paul G. Gardephe from Jacqueline E. Cistaro dated July 24, 2023 re: Letter Motion Requesting the Appointment of Co-Counsel David Bertan. Document filed by Emmanuel Perez. (Cistaro, Jacqueline) (Entered: 07/24/2023)
7/19/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jordan Bennett. Notice is hereby given that an official transcript of a Conference proceeding held on 6/30/2023 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 Jordan Bennett re: Conference held on 6/30/2023 before Judge Paul G. Gardephe. 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)
6/30/2023Minute Entry for proceedings held before Judge Paul G. Gardephe: Bail Hearing as to (23-Cr-204-3) Jordan Bennett held on 6/30/2023. Bail hearing held. Defendant J. Bennett present with attorney Michael D. Bradley. AUSAs Matthew King and Michael Herman present. Pre-trial officer Tarloe Nisbeth present. Court reporter Carol Ganley present. The defendant is ordered to remain under detention pending trial. (bw) (Entered: 06/30/2023)
6/29/2023ORDER as to Jordan Bennett. The June 30, 2023 bail hearing is rescheduled to 1:00 p.m. (Bail Hearing set for 6/30/2023 at 01:00 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 6/29/2023)(jw) (Entered: 06/30/2023)
6/28/2023LETTER RESPONSE in Opposition by USA as to Jordan Bennett addressed to Judge Paul G. Gardephe from USA dated June 28, 2023 re: 58 FIRST MOTION for Bond setting conditions of release.. (King, Matthew) (Entered: 06/28/2023)
6/26/2023Set/Reset Deadlines/Hearings as to Jordan Bennett: Bail Hearing set for 6/30/2023 at 02:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe (jw) (Entered: 06/27/2023)
6/26/2023MEMO ENDORSEMENT 58 Motion for Bond as to Jordan Bennett....ENDORSEMENT... Defendant Bennett's bail hearing will take place on Friday, June 30, 2023, at 2:00pm in Courtroom 705 of the Thurgood Marshall US Courthouse, 40 Foley Square, NY, NY. The Government's opposition to defendant Bennett's motion for pretrial release is due by Wednesday, June 28, 2023 at 5:00pm (Signed by Judge Paul G. Gardephe on 6/26/23) (jw) (Entered: 06/27/2023)
6/23/2023FIRST MOTION for Bond setting conditions of release. Document filed by Jordan Bennett. (Attachments: # 1 Exhibit A - D. Fripp Letter of Support, # 2 Exhibit B - C. Knight Letter of Support)(Bradley, Michael) (Entered: 06/23/2023)
6/23/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alzubair Saleh. Notice is hereby given that an official transcript of a Conference proceeding held on 5/11/2023 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: 06/23/2023)
6/23/2023TRANSCRIPT of Proceedings as to Alzubair Saleh re: Conference held on 5/11/2023 before Judge Paul G. Gardephe. 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 7/14/2023. Redacted Transcript Deadline set for 7/24/2023. Release of Transcript Restriction set for 9/21/2023. (McGuirk, Kelly) (Entered: 06/23/2023)
5/23/2023PROTECTIVE ORDER ADDENDUM as to Justin Ballester. It is hereby ORDERED that the Protective Order entered by the Court in this matter (Dkt. 41) shall apply to BALLESTER and his counsel. (Signed by Judge Paul G. Gardephe on 5/23/23) (jw) (Entered: 05/23/2023)
5/22/2023CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from USA dated May 22, 2023 re: Request for order adding defendant Ballester to Protective Order. . Document filed by USA as to Justin Ballester. (Attachments: # 1 Exhibit - Proposed Order)(Fiddelman, Jacob) (Entered: 05/22/2023)
5/22/2023RULE 5(F) ORDER as to Justin Ballester. (Signed by Magistrate Judge James L. Cott on 5/22/2023)(jw) (Entered: 05/22/2023)
5/19/2023ORAL ORDER as to (23-Cr-204-6) Justin Ballester. Status Conference set for 9/7/2023 at 02:30 PM before Judge Paul G. Gardephe. (By Magistrate Judge James L. Cott on 5/19/2023) (bw) (Entered: 05/22/2023)
5/19/2023Minute Entry for proceedings held before Magistrate Judge James L. Cott: Arraignment as to Justin Ballester (6) Count 1,19,20 held on 5/19/2023. Plea entered by Justin Ballester (6) Count 1,19,20 -- Not Guilty. (bw) (Entered: 05/22/2023)
5/19/2023Minute Entry for proceedings held before Magistrate Judge James L. Cott: Initial Appearance as to (23-Cr-204-6) Justin Ballester held on 5/19/2023. Date of Arrest: 5/18/2023. AUSA Jacob Fiddleman. Defense Counsel Brendan Quigley (CJA). Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. COMMENTS: Rule 5(F) Order to be issued. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 9/7/2023 2:30 p.m. (bw) (Entered: 05/22/2023)
5/19/2023Attorney update in case as to (23-Cr-204-6) Justin Ballester. Attorney Brendan Quigley for Justin Ballester added. (bw) (Entered: 05/22/2023)
5/19/202351CJA 23 Financial Affidavit by (23-Cr-204-6) Justin Ballester. APPROVED: (Signed by Magistrate Judge James L. Cott on 5/19/2023); Attorney Brendan Quigley. (bw) (Entered: 05/22/2023)
5/18/2023Arrest of Justin Ballester (6). (bw) (Entered: 05/22/2023)
5/18/2023ORDER as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez. As stated in open court on May 9, 2023, the Government's motion to join the above-captioned cases for trial (23 Cr. 204, Dkt. No. 12) is granted. The trial dates in United States v. Silva, 22 Cr. 347, and United States v. McBride, 22 Cr. 484, currently set for June 5, 2023 and May 30, 2023, respectively (see 22 Cr. 347, Dkt. No. 31; 22 Cr. 484, Dec. 17, 2022 Minute Entry), and all associated pretrial deadlines are vacated. The speedy time exclusion from May 9, 2023 to September 7, 2023 in Silva, 23 Cr. 204, as stated in open court in the May 9, 2023 proceeding in that case (see 23 Cr. 204, May 9, 2023 Minute Entry) shall be applied to Silva, 22 Cr. 347 and McBride, 22 Cr. 484 as well. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/18/2023)(bw) (Entered: 05/19/2023)
5/18/2023MEMO ENDORSEMENT as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez on re: 48 [PROPOSED] ORDER, Submission by USA. ENDORSEMENT: The above proposed order, which this Court received by email from the Government on May 18, 2023, is denied. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/18/2023)(bw) (Entered: 05/19/2023)
5/18/2023[PROPOSED] ORDER. Submission by USA as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez. (bw) (Entered: 05/19/2023)
5/15/2023Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Alzubair Saleh re: 47 Notice of Appeal - Interlocutory were transmitted to the U.S. Court of Appeals. (tp) (Entered: 05/15/2023)
5/15/2023Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Alzubair Saleh to US Court of Appeals re: 47 Notice of Appeal - Interlocutory. (tp) (Entered: 05/15/2023)
5/15/2023Appeal Remark as to Alzubair Saleh re: 47 Notice of Appeal - Interlocutory. $505.00 Appeal Fee Waived; Attorney CJA. (tp) (Entered: 05/15/2023)
5/15/2023NOTICE OF APPEAL (Interlocutory) by Alzubair Saleh from 44 Order, Terminate Motions. (tp) (Entered: 05/15/2023)
5/15/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alzubair Saleh. Notice is hereby given that an official transcript of a Hearing proceeding held on 5/3/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/15/2023)
5/15/2023TRANSCRIPT of Proceedings as to Alzubair Saleh re: Hearing held on 5/3/2023 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/5/2023. Redacted Transcript Deadline set for 6/15/2023. Release of Transcript Restriction set for 8/14/2023. (McGuirk, Kelly) (Entered: 05/15/2023)
5/12/2023ORDER as to Alzubair Saleh: For the reasons stated in open court on May 3, 2023, Defendant Saleh's application for pretrial release (Dkt. No. 27) is denied. He will be detained pending trial. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/12/2023) (lnl) (Entered: 05/12/2023)
5/9/2023RULE 5(F) ORDER as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez. (Signed by Judge Paul G. Gardephe on 5/9/2023) (ap) (Entered: 05/09/2023)
5/9/2023ORDER APPOINTING JULIE DE ALMEIDA AS COORDINATING DISCOVERY ATTORNEY as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez. (Signed by Judge Paul G. Gardephe on 5/9/2023) (See ORDER set forth) (ap) (Entered: 05/09/2023)
5/9/2023Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez held on 5/9/2023. Status conference held. Defendant Bruce Silva present with attorney Christopher Wright. Defendant Bruce Melvin present with attorney Raoul Zaltzberg. Defendant Jordan Bennett present with attorney Michael Bradley. Defendant Elijah Pough present with attorney James Roth. Defendant Shadell McBride present with attorney Andrew Patel. Defendant Alzubair Saleh present with attorney Joshua Horowitz. Defendant Giovanni Rodriguez present with attorney Benjamin Zeman. Defendant Gabriel Valdez present with attorney John Russo. Defendant Emmanual Perez present with attorney Jaqueline Cistaro. AUSAs Jacob Fiddelman, Matthew Herman and Matthew King present. Status conference as to all defendants set for 9/7/23 at 2:30 pm. Speedy trial time is excluded from 5/9/23 until 9/7/23. Detention continued as to all defendants. (Status Conference set for 9/7/2023 at 02:30 PM before Judge Paul G. Gardephe) (Court Reporter Sonya Moore) (ap) (Entered: 05/09/2023)
5/9/2023Minute Entry for proceedings held before Judge Paul G. Gardephe: Plea entered by Bruce Silva (1) Count 1,2,3,4,5,6,7,19,20 and Shadell McBride (5) Count 1,17,18,19,20 and Gabriel Valdez (9) Count 1,19,20 Not Guilty. (ap) (Entered: 05/09/2023)
5/9/2023Minute Entry for proceedings held before Judge Paul G. Gardephe: Arraignment as to Bruce Silva (1) Count 1,2,3,4,5,6,7,19,20 and Shadell McBride (5) Count 1,17,18,19,20 and Gabriel Valdez (9) Count 1,19,20 held on 5/9/2023. Defendant Bruce Silva present with attorney Christopher Wright. Defendant B. Silva enters a plea of not guilty. Defendant Shadell McBride present with attorney Andrew Patel. Defendant S. McBride enters a plea of not guilty. Defendant Gabriel Valdez present with attorney John Russo. Defendant G. Vadez enters a plea of not guilty. AUSAs Jacob Fiddelman, Matthew Herman and Matthew King present. (Court Reporter Sonya Moore) (ap) (Entered: 05/09/2023)
5/8/2023PROTECTIVE ORDER as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez...regarding procedures to be followed that shall govern the handling of confidential material...(Signed by Judge Paul G. Gardephe on 5/8/2023) (lnl) (Entered: 05/08/2023)
5/3/2023NOTICE OF ATTORNEY APPEARANCE: Christopher D. Wright appearing for Bruce Silva. Appearance Type: CJA Appointment. (Wright, Christopher) (Entered: 05/03/2023)
5/3/2023CONSENT LETTER MOTION addressed to Judge Paul G. Gardephe from USA dated May 3, 2023 re: Request for Protective Order. . Document filed by USA as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez. (Attachments: # 1 Exhibit - Proposed Protective Order.)(Fiddelman, Jacob) (Entered: 05/03/2023)
5/3/2023Minute Entry for proceedings held before Judge Paul G. Gardephe: Bond Hearing as to (23-Cr-204-7) Alzubair Saleh held on 5/3/2023. Bond hearing held. Defendant A. Saleh present with attorney Joshua Horowitz. AUSAs Matthew King, Michael Herman and Jason Fiddelman present. Pre-Trial Services Officer Karina Vilafort present. Court reporter Doug Colavito present. Bail denied. The defendant is ordered detained pending trial. (bw) (Entered: 05/03/2023)
5/2/2023LETTER RESPONSE in Opposition by USA as to Alzubair Saleh addressed to Judge Paul G. Gardephe from USA dated 5/2/2023 re: 27 FIRST MOTION for Bond Setting Conditions of Release.. (Supplemental Opposition) (Attachments: # 1 Exhibit 1 - Texts with Defendant Justin Ballester, # 2 Exhibit 2 - Texts with CC-4, # 3 Exhibit 3-A - Texts with CC-1 (Excerpt 1), # 4 Exhibit 3-B - Texts with CC-1 (Excerpt 2), # 5 Exhibit 4-A - Texts re Assault Video, # 6 Exhibit 4-B, 5, 6, 7 (Video Exhibits by USAfx))(Herman, Michael) (Entered: 05/02/2023)
5/1/2023ORDER as to Alzubair Saleh. In its opposition to Defendant Saleh's motion for a bail hearing, the Government states that (1) evidence obtained from Saleh's cellphone establishes that Saleh can (and does) obtain firearms and needed.... [and] [t]hat evidence also establishes that he shares his firearms with other member[s] of Dub City, including members who have not yet been arrested; (2) [m]embers of Dub City regularly engage in violent acts, particularly violent acts involving firearms; and (3) members of Dub City who have engaged in violent acts, and who remain inthe community, have responded to the Indictment with promises of continuing their criminal behavior.... includ[ing] CC-2... recently affirm[ing] on social media that he and the Dub City enterprise at large will continue to engage in violence following the unsealing of the Indictment. (Govt. Opp. (Dkt. No. 32) at 7-8). The Government will make a supplemental submission identifying with particularity the evidentiary basis for each of these three statements. All cited evidence including any text messages and/or social media posts will be attached as exhibits, with the following exception. To the extent that the Government relies on the videos submitted as exhibits in support of its April 20, 2023 bail memorandum (Dkt. No. 3), it may cite the video exhibits to that filing, and need not re-send them to the Court. The Governments supplemental submission is due by Tuesday, May 2, 2023 at2:00 p.m. (Signed by Judge Paul G. Gardephe on 5/1/2023)(jw) (Entered: 05/01/2023)
5/1/2023MEMO ENDORSEMENT as to Bruce Silva re: This letter is respectfully submitted to request an Order appointing me as CJA counsel to represent Mr. Shadell McBride on indictment 23 Cr. 204 (PGG), the RICO conspiracy indictment. I respectfully request that I be appointed to represent Mr. McBride on both matters and that I be added as a Filing User on ECF on indictment 23 Cr. 204 (PGG)... ENDORSEMENT...SO ORDERED (Signed by Judge Paul G. Gardephe on 5/1/23)(jw) (Entered: 05/01/2023)
4/28/2023LETTER RESPONSE in Opposition by USA as to Alzubair Saleh addressed to Judge Paul G. Gardephe from AUSA Matthew J. King dated April 28, 2023 re: 27 FIRST MOTION for Bond Setting Conditions of Release.. (King, Matthew) (Entered: 04/28/2023)
4/28/2023NOTICE OF ATTORNEY APPEARANCE: Andrew G. Patel appearing for Shadell McBride. Appearance Type: CJA Appointment. (Patel, Andrew) (Entered: 04/28/2023)
4/27/2023Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: As to Gabriel Valdez Status Conference set for 5/9/2023 at 02:00 PM before Judge Paul G. Gardephe. (jm) (Entered: 04/28/2023)
4/27/2023Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Initial Appearance as to Gabriel Valdez held on 4/27/2023. Defendant is present with counsel John Russo; AUSA Jacob Fiddelman is also present Defendant is detained on consent without prejudice. (jm) Modified on 4/28/2023 (jm). Conference before USDJ on 5/9/23 at 2:00 PM. Speedy Trial Time excluded until that date. (Entered: 04/28/2023)
4/27/2023LETTER RESPONSE in Opposition by USA as to Alzubair Saleh addressed to Judge Paul G. Gardephe from USA dated 4/27/2023 re: 27 FIRST MOTION for Bond Setting Conditions of Release.. (Herman, Michael) (Entered: 04/27/2023)
4/26/2023Arrest of Gabriel Valdez. (jm) (Entered: 04/28/2023)
4/26/2023MEMO ENDORSEMENT as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez on re: LETTER by USA as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez addressed to Judge Paul G. Gardephe from USA dated Apr. 25, 2023 re: Status Update and Request for Initial Conference and Vacatur of Trial Dates. ENDORSEMENT: An initial pretrial conference in this matter will take place on Tuesday, May 9, 2023 at 2:00 p.m. (Pretrial Conference set for 5/9/2023 at 02:00 PM before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 4/26/2023) (ap) (Entered: 04/27/2023)
4/26/2023ORDER as to Alzubair Saleh: The Government will respond to Defendant Saleh's application for a bail hearing (Dkt. No. 27) by Thursday, April 27, 2023. A bail hearing will take place on Wednesday, May 3, 2023 at 3:00 p.m. in courtroom 705 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. (Responses due by 4/27/2023. Bail Hearing set for 5/3/2023 at 03:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe) (Signed by Judge Paul G. Gardephe on 4/26/2023) (ap) (Entered: 04/27/2023)
4/25/2023NOTICE OF ATTORNEY APPEARANCE: John Leo Russo appearing for Gabriel Valdez. Appearance Type: Retained. (Russo, John) (Entered: 04/25/2023)
4/25/2023 LETTER by USA as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez addressed to Judge Paul G. Gardephe from USA dated Apr. 25, 2023 re: Status Update and Request for Initial Conference and Vacatur of Trial Dates. Document filed by USA. (Fiddelman, Jacob) (Entered: 04/25/2023)
4/24/2023FIRST MOTION for Bond Setting Conditions of Release. Document filed by Alzubair Saleh. (Horowitz, Joshua) (Entered: 04/24/2023)
4/21/2023NOTICE OF CASE REASSIGNMENT as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez, to Judge Paul G. Gardephe. Judge Lorna G. Schofield no longer assigned to the case. (laq) (Entered: 04/21/2023)
4/20/2023Attorney update in case as to Jordan Bennett. Attorney Michael David Bradley for Jordan Bennett added. (jw) (Entered: 04/21/2023)
4/20/202326CJA 23 Financial Affidavit by Jordan Bennett. (Signed by Magistrate Judge Jennifer E Willis) Attorney Michael Bradley (jw) (Entered: 04/21/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Initial Appearance as to Giovanni Rodriguez held on 4/20/2023. Arraignment as to Giovanni Rodriguez (8) Count 1,19,20 held on 4/20/2023. Plea entered by Giovanni Rodriguez Not Guilty. Detention Hearing as to Giovanni Rodriguez held on 4/20/2023. Defendant present with CJA counsel Benjamin Zeman. AUSA Matthew King present for the Government. BAIL DISPOSITION: DETENTION ON CONSENT WITHOUT PREJUDICE. Speedy trial time excluded until 5/4/23. (jbo) (Entered: 04/21/2023)
4/20/2023Attorney update in case as to Giovanni Rodriguez. Attorney Benjamin Christopher Zeman for Giovanni Rodriguez added. (jbo) (Entered: 04/21/2023)
4/20/202324CJA 23 Financial Affidavit by Giovanni Rodriguez. Benjamin Zeman appointed CJA counsel. APPROVED. (Signed by Magistrate Judge Jennifer E Willis) (jbo) (Entered: 04/21/2023)
4/20/2023RULE 5(F) ORDER as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez. (Signed by Magistrate Judge Jennifer E Willis on 4/20/23)(jw) (Entered: 04/21/2023)
4/20/2023Attorney update in case as to Alzubair Saleh. Attorney Joshua Jacob Horowitz for Alzubair Saleh added. (jw) (Entered: 04/21/2023)
4/20/202322CJA 23 Financial Affidavit by Alzubair Saleh. (Signed by Magistrate Judge Jennifer E Willis) Attorney Joshua Horowitz (jw) (Entered: 04/21/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Plea entered by Alzubair Saleh (7) Count 1,19,20 Not Guilty. (jw) (Entered: 04/21/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis:Arraignment on disposition sheet as to Alzubair Saleh (7) Count 1,19,20 held on 4/20/2023. Deft arraigned and pleads not guilty. Speedy trial time excluded under 18 USC 3161(h)(7) until 5/4/2023 (jw) (Entered: 04/21/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis:Initial Appearance on disposition sheet as to Alzubair Saleh held on 4/20/2023. Defense counsel Joshua Horowitz. AUSA Matthew King. BAIL DISPOSITION: Detention on consent without prejudice. (jw) (Entered: 04/21/2023)
4/20/2023Attorney update in case as to Bruce Melvin. Attorney Raoul Zaltzberg for Bruce Melvin added. (jw) (Entered: 04/21/2023)
4/20/2023CJA 23 Financial Affidavit by Bruce Melvin. (Signed by Magistrate Judge Jennifer E Willis) Attorney Raoul Zaltzberg. (jw) (Entered: 04/21/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Plea entered by Bruce Melvin (2) Count 1,4,5,9,10,11,12,19,20 Not Guilty. (jw) (Entered: 04/21/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis:Arraignment on disposition sheet as to Bruce Melvin (2) Count 1,4,5,9,10,11,12,19,20 held on 4/20/2023. Deft arraigned and pleads not guilty. Speedy trial time excluded under 18 USC 3161(h)(7) until 5/4/23 (jw) (Entered: 04/21/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis:Initial Appearance on disposition sheet as to Bruce Melvin held on 4/20/2023. Defense counsel Raoul Zaltzberg. AUSA Matthew King. BAIL DISPOSITION: Detention on consent without prejudice. (jw) (Entered: 04/21/2023)
4/20/2023Attorney update in case as to Elijah Pough. Attorney James Michael Roth for Elijah Pough added. (jw) (Entered: 04/21/2023)
4/20/202318CJA 23 Financial Affidavit by Elijah Pough. (Signed by Magistrate Judge Jennifer E Willis) Attorney James Roth (jw) (Entered: 04/21/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Plea entered by Elijah Pough (4) Count 1,13,14,15,16,19,20 Not Guilty. (jw) (Entered: 04/21/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis:Arraignment on disposition sheet as to Elijah Pough (4) Count 1,13,14,15,16,19,20 held on 4/20/2023. Deft arraigned and pleads not guilty. Speedy trial time excluded under 18 USC 3161(h)(7) until 5/4/23 (jw) (Entered: 04/21/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis:Initial Appearance on disposition sheet as to Elijah Pough held on 4/20/2023. Defense counsel James Roth. AUSA Matthew King. BAIL DISPOSITION: Detention on consent without prejudice. (jw) (Entered: 04/21/2023)
4/20/2023NOTICE OF ATTORNEY APPEARANCE Matthew J. King appearing for USA. (King, Matthew) (Entered: 04/20/2023)
4/20/2023Attorney update in case as to Emmanuel Perez. Attorney Jacqueline Elaine Cistaro for Emmanuel Perez added. (jw) (Entered: 04/20/2023)
4/20/202315CJA 23 Financial Affidavit by Emmanuel Perez. (Signed by Magistrate Judge Jennifer E Willis) Attorney Jacqueline Cistaro (jw) (Entered: 04/20/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Plea entered by Emmanuel Perez (10) Count 1,19,20 Not Guilty. (jw) (Entered: 04/20/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis:Arraignment on disposition sheet as to Emmanuel Perez (10) Count 1,19,20 held on 4/20/2023. Deft arraigned and pleads not guilty. Speedy trial time excluded under 18 USC 3161(h)(7) until 5/4/2023 (jw) (Entered: 04/20/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis:Initial Appearance on disposition sheet as to Emmanuel Perez held on 4/20/2023. Defense counsel Jacqueline Cistaro. AUSA Matthew King. BAIL DISPOSITION: Detention on consent without prejudice. (jw) (Entered: 04/20/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Plea entered by Jordan Bennett (3) Count 1,8,19,20 Not Guilty. (jw) (Entered: 04/20/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis:Arraignment on disposition sheet as to Jordan Bennett (3) Count 1,8,19,20 held on 4/20/2023. Deft arraigned and pleads not guilty. Speedy trial time excluded under 18 USC 3161(h)(7) until 5/4/23 (jw) (Entered: 04/20/2023)
4/20/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis:Initial Appearance on disposition sheet as to Jordan Bennett held on 4/20/2023. Defense counsel Michael Bradley. AUSA Matthew King. BAIL DISPOSITION: Detention on consent without prejudice. (jw) (Entered: 04/20/2023)
4/20/2023 LETTER MOTION addressed to Judge Lorna G. Schofield from AUSAs Jacob R. Fiddelman, Michael R. Herman, and Matthew King dated Apr. 20, 2023 re: Motion to Consolidate Related Cases. . Document filed by USA as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez. (Fiddelman, Jacob) (Entered: 04/20/2023)
4/20/2023 LETTER MOTION addressed to Judge Lorna G. Schofield from USA dated 4/20/2023 re: Government's Detention Memorandum . Document filed by USA as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez. (Herman, Michael) (Entered: 04/20/2023)
4/20/2023Attorney update in case as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez. Attorney Michael Ross Herman,Jacob R. Fiddelman for USA added. (jm) (Entered: 04/20/2023)
4/20/2023Case as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez ASSIGNED to Judge Lorna G. Schofield. (jm) (Entered: 04/20/2023)
4/20/2023Case Designated ECF as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez. (jm) (Entered: 04/20/2023)
4/20/2023INDICTMENT UNSEALED as to Bruce Silva, Bruce Melvin, Jordan Bennett, Elijah Pough, Shadell McBride, Justin Ballester, Alzubair Saleh, Giovanni Rodriguez, Gabriel Valdez, Emmanuel Perez. (jm) (Entered: 04/20/2023)
4/20/2023Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4, Sealed Defendant 5, Sealed Defendant 6, Sealed Defendant 7, Sealed Defendant 8, Sealed Defendant 9, Sealed Defendant 10. (Signed by Magistrate Judge Jennifer E Willis on 4/20/23)(jm) (Entered: 04/20/2023)
4/19/2023Arrest of Giovanni Rodriguez. (jbo) (Entered: 04/21/2023)
4/18/2023SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3, 4, 5, 6, 7, 19, 20, Sealed Defendant 2 (2) count(s) 1, 4, 5, 9, 10, 11, 12, 19, 20, Sealed Defendant 3 (3) count(s) 1, 8, 19, 20, Sealed Defendant 4 (4) count(s) 1, 13, 14, 15, 16, 19, 20, Sealed Defendant 5 (5) count(s) 1, 17, 18, 19, 20, Sealed Defendant 6 (6) count(s) 1, 19, 20, Sealed Defendant 7 (7) count(s) 1, 19, 20, Sealed Defendant 8 (8) count(s) 1, 19, 20, Sealed Defendant 9 (9) count(s) 1, 19, 20, Sealed Defendant 10 (10) count(s) 1, 19, 20. (jm) (Entered: 04/20/2023)