USA v. Espinal

1:23-cr-00619 | New York Southern District Court

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Division Foley Square
Judge Judge Jessica G. L. Clarke
Filed Nov. 27, 2023
Case Flags ECF and PRIOR
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Filing Date # Docket Text
3/31/2025~Util - Set/Reset Deadlines/Hearings, Endorsed Letter
3/30/2025Letter Motion
1/3/2025 MEMO ENDORSEMENT as to Cristian Eustate Espinal (1)granting 42 LETTER MOTION addressed to Judge Jessica G. L. Clarke from Jill R. Shellow dated 1/1/2025 re: Request to adjourn 1/7/2025 conference. ENDORSEMENT: Application GRANTED. The stat us conference scheduled for January 7, 2025 is ADJOURNED to April 1, 2025 at 12:00 p.m. in Courtroom 11B at 500 Pearl Street, New York, New York, 10007. The Clerk of Court is respectfully directed to terminated the letter motion at ECF No. 42. (Signed by Judge Jessica G. L. Clarke on 1/3/2025) (ap)
1/1/2025Letter Motion
10/4/2024 MEMO ENDORSEMENT as to Cristian Eustate Espinal (1) granting 38 LETTER MOTION addressed to Judge Jessica G. L. Clarke from Maggie Lynaugh dated 10/3/2024 re: Adjournment. ENDORSEMENT: Application GRANTED. The status conference scheduled for October 10, 2024 is ADJOURNED to November 25, 2024 at 2:30 p.m. in Courtroom 11B at 500 Pearl Street, New York, New York, 10007. The Court finds that the ends of justice served by excluding the time between October 10, 2024 and November 25, 2024, ou tweigh the best interests of the public and the Defendant in a speedy trial as provided in 18 U.S.C.§ 3161(h)(7)(A) because, among other things, the parties are presently engaged in discussions regarding a pretrial disposition of this matter and the exclusion would allow for those discussions to continue. It is hereby ORDERED that the time between October 10, 2024 and November 25, 2024, is excluded. The Clerk of Court is respectfully directed to terminated the letter motion at ECF No. 38. (Signed by Judge Jessica G. L. Clarke on 10/4/2024) (ap)
9/9/2024ORDER as to Cristian Eustate Espinal: The status conference in this matter as to Mr. Espinal, previously scheduled for September 12, 2024, was rescheduled to October 10, 2024, at 11:30 a.m. in Courtroom 11B at 500 Pearl Street, New York, New York, 10007. See ECF No. 36. The Court finds that the ends of justice served by excluding the time between September 12, 2024 and October 10, 2024, outweigh the best interests of the public and the Defendant in a speedy trial as provided in 18 U.S.C. § 3161(h)(7)(A) because, among other things, the parties are presently engaged in discussions regarding a pretrial resolution of this matter and the exclusion would allow for those discussions to continue. It is hereby ORDERED that the time between September 12, 2024 and October 10, 2024, is excluded. Time excluded from 9/12/2024 until 10/10/2024. (Signed by Judge Jessica G. L. Clarke on 9/9/2024) (ap) (Entered: 09/09/2024)
9/6/2024Memo Endorsed as to Cristian Eustate Espinal re: 35 LETTER MOTION Adjournment... Endorsement: Application GRANTED. The status conference scheduled for September 12, 2024 is ADJOURNED to October 10, 2024 at 11:30 a.m. in Courtroom 11B at 500 Pearl Street, New York, New York, 10007. The Clerk of Court is respectfully directed to terminate the letter motion at ECF No. 35. So Ordered. (Status Conference set for 10/10/2024 at 11:30 AM before Judge Jessica G. L. Clarke.) (Signed by Judge Jessica G. L. Clarke on 9/6/24)(jbo) (Entered: 09/06/2024)
9/5/2024 LETTER MOTION addressed to Judge Jessica G. L. Clarke from Maggie Lynaugh dated 9/5/2024 re: Adjournment . Document filed by USA as to Cristian Eustate Espinal. (Lynaugh, Margaret) (Entered: 09/05/2024)
8/23/2024Set/Reset Deadlines/Hearings as to Cristian Eustate Espinal: Motions due by 9/16/2024. Defendant's Replies due by 10/7/2024. Government Responses due by 9/30/2024. (jw) (Entered: 08/23/2024)
8/22/2024MEMO ENDORSEMENT 32 LETTER MOTION as to Cristian Eustate Espinal...ENDORSEMENT... Application GRANTED. The defense pretrial motions deadlines are EXTENDED as followed: Defendants motion(s), if any, shall be filed by September 16, 2024, Government's responses shall be filed by September 30, 2024. Defendant's reply shall be filed by October 7, 2024. The Court finds that the ends of justice served by excluding the time between September 12, 2024 and September 16, 2024, outweigh the best interests of the public and the Defendant in a speedy trial as provided in 18 U.S.C. § 3161(h)(7)(A) because, among other things, the parties are presently engaged in discussions regarding a potential disposition of this matter and the exclusion would allow for those discussions to continue. It is hereby ORDERED that the time between September 12, 2024 and September 16, 2024, is excluded. The Clerk of Court is respectfully directed to terminate the letter motion at ECF No. 32 (Signed by Judge Jessica G. L. Clarke on 8/22/24) (jw) (Entered: 08/23/2024)
8/14/2024 LETTER by Cristian Eustate Espinal addressed to Judge Jessica G. L. Clarke from Jill R. Shellow dated 8/14/2024 re: Defendant's Consent to the Exclusion of Time (Shellow, Jill) (Entered: 08/14/2024)
8/14/2024 LETTER MOTION addressed to Judge Jessica G. L. Clarke from Jill R. Shellow dated 08/14/2024 re: Request to adjourn the 8/16/24 motions deadline . Document filed by Cristian Eustate Espinal. (Shellow, Jill) (Entered: 08/14/2024)
8/5/2024Set/Reset Deadlines/Hearings as to Cristian Eustate Espinal: Motions due by 8/16/2024. Defendant Replies due by 9/6/2024. Government Responses due by 8/30/2024. (jw) (Entered: 08/05/2024)
8/5/2024MEMO ENDORSEMENT 30 LETTER MOTION as to Cristian Eustate Espinal...ENDORSEMENT... Application GRANTED. The defense pretrial motions deadlines are EXTENDED as followed: Defendant's motion(s), if any, shall be by August 16, 2024, Government's responses shall be filed by August 30, 2024. Defendant's reply shall be filed by September 6, 2024. The Clerk of Court is respectfully directed to terminate the letter motion at ECF No. 30. (Signed by Judge Jessica G. L. Clarke on 8/5/2024) (jw) (Entered: 08/05/2024)
7/11/2024 LETTER MOTION addressed to Judge Jessica G. L. Clarke from Jill R. Shellow dated 07/11/2024 re: Extension of motions deadline . Document filed by Cristian Eustate Espinal. (Shellow, Jill) (Entered: 07/11/2024)
5/20/2024 LETTER by USA as to Cristian Eustate Espinal addressed to Judge Jessica G. L. Clarke from Maggie Lynaugh, Adam Sowlati, Chelsea Scism dated May 20, 2024 re: Consolidating Motions Document filed by USA. (Sowlati, Adam) (Entered: 05/20/2024)
5/13/2024ORDER as to Cristian Eustate Espinal. Related cases are pending before the undersigned against the Defendant Cristian Eustate Espinal arising out of the search of a residence in the Bronx, New York, that allegedly uncovered a large narcotics distribution facility. 23-cr-577, Dkt. No. 20. Case No. 23-cr-577 charges the Defendant with conspiracy to distribute narcotics in violation of 21 U.S.C. Section 846 and possession with intent to distribute narcotics in violation of 21 U.S.C. Section 841(b)(1)(A). Case No. 23-cr-619 charges the defendant with possession of child pornography in violation of 18 U.S.C. Sections 2252A(a)(5)(B) and 2252A(b)(2). The Government represents that the charges in 23-cr-619 stem from the alleged discovery of child pornography on a phone belonging to the Defendant that was seized during the search of the residence giving rise to the charges in 23-cr-577. In both cases, it is anticipated that the Defendant will make identical motions to suppress evidence obtained as a result of those searches. Accordingly, it is hereby ordered that the Government and counsel for Cristian Eustate Espinal meet and confer and inform the undersigned by letter submitted on ECF filed in both cases by no later than May 20, 2024,whether in order to conserve judicial resources and the resources of the parties, the parties consent that identical motions will be filed in both cases and that the decision of the motion inthe first of the cases to be decided will be deemed binding in the second of the cases on all issues addressed in that decision. SO ORDERED. ( Responses due by 5/20/2024 ) (Signed by Judge Jessica G. L. Clarke on 5/13/2024; Signed by Judge Lewis J. Liman on 5/13/2024) (bw) (Entered: 05/13/2024)
4/29/2024Minute Entry for proceedings held before Judge Jessica G. L. Clarke: Status Conference as to Cristian Eustate Espinal held on 4/29/2024. Defendant Cristian Eustate Espinal present with attorney Jill R. Shellow. AUSA Margaret E. Lynaugh and Adam S. Sowlati present for the Government. Court Reporter Sharonda Jones present. Defendant's motion(s), if any, shall be filed by July 15, 2024. The Government's response shall be filed by July 29, 2024. Defendant's reply shall be filed by August 5, 2024. Next Status conference scheduled for 9/12/2024 at 11:00 a.m. For reasons stated on the record, speedy trial time is excluded in the interest of justice between 4/29/2024 and 9/12/2024. Defendant continued to be remanded. (Motions due by 7/15/2024. Replies due by 8/5/2024. Responses due by 7/29/2024. Status Conference set for 9/12/2024 at 11:00 AM before Judge Jessica G. L. Clarke.) (job) (Entered: 04/30/2024)
2/29/2024ENDORSED LETTER as to Cristian Eustate Espinal addressed to Judge Jessica G. L. Clarke from AUSAs Maggie Lynaugh, Adam Sowlati, dated February 28, 2024 re: The Government writes with respect to the upcoming status conference in the above-captioned matter, which was rescheduled from April 22, 2024, at 11:00 a.m., to April 29, 2024, at 11:00 a.m. The Government respectfully requests that the Court exclude time through April 29, 2024, and submits that the interests served by such an exclusion outweigh the public and the defendant's interest in a speedy trial... ENDORSEMENT: Application GRANTED. The status conference scheduled for April 22, 2024 is ADJOURNED to April 29, 2024 at 11:00 a.m. in Courtroom 20C, 500 Pearl Street, New York, New York. The Court finds that the ends of justice served by excluding the time between April 22, 2024 and April 29, 2024, outweigh the best interests of the public and the Defendant in a speedy trial as provided in 18 U.S.C. § 3161(h)(7)(A) because, among other things, the parties are presently engaged in discussions regarding a potential disposition of this matter and the exclusion would allow for those discussions to continue. It is hereby ORDERED that the time between April 22, 2024 and April 29, 2024, is excluded. The Clerk of Court is respectfully directed to terminate the letter motion at ECF No. 26. SO ORDERED. ( Status Conference set for 4/29/2024 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Jessica G. L. Clarke. )(Signed by Judge Jessica G. L. Clarke on 2/29/2024) (bw) (Entered: 02/29/2024)
2/28/2024 LETTER MOTION addressed to Judge Jessica G. L. Clarke from Maggie Lynaugh and Adam Sowlati dated February 28, 2024 re: Exclusion of Time . Document filed by USA as to Cristian Eustate Espinal. (Sowlati, Adam) (Entered: 02/28/2024)
2/21/2024MEMO ENDORSEMENT as to Cristian Eustate Espinal (1) granting 23 LETTER MOTION addressed to Judge Jessica G. L. Clarke 24 LETTER MOTION addressed to Judge Jessica G. L. Clarke. ENDORSEMENT: Application GRANTED. The status conference scheduled for February 22, 2024 is ADJOURNED to April, 22 2024 at 11:00 a.m. in Courtroom 20C, 500 Pearl Street, New York, New York. The Court finds that the ends of justice served by excluding the time between February 22, 2024 and April 22, 2024, outweigh the best interests of the public and the Defendant in a speedy trial as provided in 18 U.S.C. § 3161(h)(7)(A) because, among other things, the parties are presently engaged in discussions regarding a potential disposition of this matter and the exclusion would allow for those discussions to continue. It is hereby ORDERED that the time between February 22, 2024 and April 22, 2024, is excluded. The Clerk of Court is directed to terminate the letter motions at ECF No. 23 and 24. (Signed by Judge Jessica G. L. Clarke on 2/21/2024) (ap) (Entered: 02/21/2024)
2/21/2024 LETTER MOTION addressed to Judge Jessica G. L. Clarke from Adam Sowlati dated February 21, 2024 re: Exclusion of Time . Document filed by USA as to Cristian Eustate Espinal. (Sowlati, Adam) (Entered: 02/21/2024)
2/15/2024 LETTER MOTION addressed to Judge Jessica G. L. Clarke from Jill R. Shellow dated 2/15/2024 re: First request to adjourn conference scheduled for 2/22/2024 . Document filed by Cristian Eustate Espinal. (Shellow, Jill) (Entered: 02/15/2024)
2/9/2024MEMO ENDORSEMENT as to Cristian Eustate Espinal (1) granting 21 LETTER MOTION addressed to Judge Jessica G. L. Clarke from Jill R. Shellow dated 2/8/2024 re: Request for the limited appointment of co-counsel. ENDORSEMENT: REQUEST GRANTED. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/9/2024) (lnl) (Entered: 02/09/2024)
2/8/2024 LETTER MOTION addressed to Judge Jessica G. L. Clarke from Jill R. Shellow dated 2/8/2024 re: Request for the limited appointment of co-counsel . Document filed by Cristian Eustate Espinal. (Shellow, Jill) (Entered: 02/08/2024)
1/23/2024 PROTECTIVE ORDER as to Cristian Eustate Espinal...regarding procedures to be followed that shall govern the handling of confidential material... Terminated Motion(s): 19 LETTER MOTION addressed to Judge Jessica G. L. Clarke from Maggie Lynaugh dated 1/20/2024 re: Proposed Protective Order filed by USA (Signed by Judge Jessica G. L. Clarke on 1/23/24)(jw) (Entered: 01/23/2024)
1/20/2024 LETTER MOTION addressed to Judge Jessica G. L. Clarke from Maggie Lynaugh dated 1/20/2024 re: Proposed Protective Order . Document filed by USA as to Cristian Eustate Espinal. (Attachments: # 1 Proposed Order Protective Order)(Lynaugh, Margaret) (Entered: 01/20/2024)
1/19/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Cristian Eustate Espinal. Notice is hereby given that an official transcript of a Conference proceeding held on 12/8/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/19/2024)
1/19/2024TRANSCRIPT of Proceedings as to Cristian Eustate Espinal re: Conference held on 12/8/2023 before Judge Jessica G. L. Clarke. 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 2/9/2024. Redacted Transcript Deadline set for 2/20/2024. Release of Transcript Restriction set for 4/18/2024. (McGuirk, Kelly) (Entered: 01/19/2024)
12/8/2023Minute Entry for proceedings held before Judge Jessica G. L. Clarke: Initial Pretrial Conference as to Cristian Eustate Espinal held on 12/8/2023. Defendant Cristian Eustate Espinal present with attorney Jill R. Shellow. AUSA Margaret E. Lynaugh present for the Government. Court Reporter Pamela Utter present. Government's deadline to produce discovery to defendant set for 12/21/23. Next Status conference scheduled for 2/22/2024 at 10:30 a.m. For reasons stated on the record, speedy trial time is excluded in the interest of justice between 12/8/2023 and 2/22/2024. Any expert disclosures from the Government will be due 60 days before trial, and any expert disclosures from the defense will be due 30 days before trial. Defendant continued to be remanded. (Discovery due by 12/21/2023. Status Conference set for 2/22/2024 at 10:30 AM before Judge Jessica G. L. Clarke.) (jbo) (Entered: 12/08/2023)
12/4/2023RULE 5(F) ORDER as to Cristian Eustate Espinal. SO ORDERED. (Signed by Magistrate Judge Jennifer E. Willis on 12/4/2023)(bw) (Entered: 12/04/2023)
12/4/2023Minute Entry for proceedings held before Magistrate Judge Jennifer E. Willis:Arraignment as to Cristian Eustate Espinal (1) Count held on 12/4/2023., Plea entered by Cristian Eustate Espinal (1) Count Not Guilty. AUSA Adam Sowlati present for the Government. Defendant present with CJA attorney Jill Shellow. ( Status Conference set for 12/8/2023 at 10:30 AM before Judge Jessica G. L. Clarke.) (joe) (Entered: 12/04/2023)
12/4/2023RULE 5(F) ORDER as to Cristian Eustate Espinal. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 12/4/2023)(bw) (Entered: 12/04/2023)
11/28/2023 LETTER by USA as to Cristian Eustate Espinal addressed to Judge Jessica G. L. Clarke from Maggie Lynaugh and Adam Sowlati dated November 28, 2023 re: Related Cases Document filed by USA. (Sowlati, Adam) (Entered: 11/28/2023)
11/28/2023NOTICE OF ATTORNEY APPEARANCE Adam Sasan Sowlati appearing for USA. (Sowlati, Adam) (Entered: 11/28/2023)
11/27/2023NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Cristian Eustate Espinal: Notice to Attorney Adam Sowlati to RE-FILE Document 11 Notice of Attorney Appearance - USA Criminal Duty. Use the event type Notice of Attorney Appearance - USA found under the event list Other Filings - Notices. (You used the event type found under Criminal Duty Matters which is strictly for investigative applications.) (tr) (Entered: 11/28/2023)
11/27/2023 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF ATTORNEY APPEARANCE Adam Sasan Sowlati appearing for USA.(Sowlati, Adam) (Not for Public view pursuant to Standing Order of the court, 23-mc-213.) Modified on 11/28/2023 (tr). (Entered: 11/27/2023)
11/27/2023Case Designated ECF as to Cristian Eustate Espinal. (jm) (Entered: 11/27/2023)
11/27/2023 INDICTMENT FILED as to Cristian Eustate Espinal (1) count(s) 1. (jm) (Entered: 11/27/2023)
11/9/2023LETTER by Cristian Eustate Espinal addressed to Judge Paul A. Crotty from Cristian Eustate Espinal dated 11/9/2023 re: Bail. (dgo) [1:23-mj-06939-UA] (Entered: 11/14/2023)
11/9/2023Minute Entry for proceedings held before Judge Paul A. Crotty: Bail Appeal Hearing as to Cristian Eustate Espinal held on 11/9/2023. REMARK: AUSAs Margaret Lynaugh and Adam Sowlati appeared for the government. Pretrial appeared. Jill Shellow appeared for the Defendant. The Court heard argument on the government's bail appeal and remanded the Defendant. See transcript for details. PART I. Court Reporter: Carrol Ganley. (bw) [1:23-mj-06939-UA] (Entered: 11/09/2023)
11/9/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Cristian Eustate Espinal. Notice is hereby given that an official transcript of a Hearing proceeding held on 11/8/2023 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.... (js) [1:23-mj-06939-UA] (Entered: 11/09/2023)
11/9/2023TRANSCRIPT of Proceedings as to Cristian Eustate Espinal re: Hearing held on 11/8/2023 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/30/2023. Redacted Transcript Deadline set for 12/11/2023. Release of Transcript Restriction set for 2/7/2024. (js) [1:23-mj-06939-UA] (Entered: 11/09/2023)
11/8/2023Minute Entry for proceedings held before Magistrate Judge Sarah Netburn:Detention Hearing as to Cristian Eustate Espinal held on 11/8/2023. AUSA Margaret Lynaugh present for the Government. Defendant present with CJA Jill Shellow. BAIL DISPOSITION: $100,000 personal recognizance bond; Secured by $2,500 cash; To be co-signed by three financially responsible persons plus one for moral suasion; Pretrial supervision as directed by pretrial services; Mental health eval/treatment as directed by pretrial services; Home incarceration; GPS; All of the conditions imposed in 23CR577 (LJL) are incorporated in this case; Additionally, defendant to reside with sister, Marileby Eustate Espinal after a home visit and pre approval; No children may reside in the home; If the defendant has contact with any minors, the contact must be supervised by an adult who must be aware of the defendants pending charges and agree to chaperon for the entirety of the visit; The defendant shall have access to one cell phone with no data plan, the phone may not have access to the internet; A full inventory of all devices in the sister's home must be provided to pretrial; All devices must be password protected from the defendant; Defendant must engage in approved mental health treatment; Defendant may accompany pregnant wife to hospital on emergency basis without pre approval; Def. to be released on own signature, plus the following conditions: Pretrial to conduct home visit to approve sisters home and $2,500 cash security; Remaining conditions to be met by: 2 weeks. (joe) [1:23-mj-06939-UA] (Entered: 11/13/2023)
10/27/2023Set/Reset Deadlines/Hearings as to Cristian Eustate Espinal: Replies due by 10/30/2023. (lnl) [1:23-mj-06939-UA] (Entered: 10/27/2023)
10/27/2023Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Oral Argument as to Cristian Eustate Espinal held on 10/27/2023. Defense Counsel Jill R. Shellow appeared in courtroom 17D - Defendant not present. A.U.S.A. Adam Sowlati & Margaret Emma Lynaugh present for the Government. Proceeding recorded with 17D CourtFlow Transcript Ordered Defendant's reply letter due Monday, 10/30/2023. (lnl) [1:23-mj-06939-UA] (Entered: 10/27/2023)
10/25/20235 Medical Order. as to Cristian Eustate Espinal. (joe) [1:23-mj-06939-UA] (Entered: 11/01/2023)
10/25/2023Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to Cristian Eustate Espinal held on 10/25/2023. Detention Hearing as to Cristian Eustate Espinal held on 10/25/2023. AUSA's Maggie Lynaugh and Adam Sowlati present for the Government. Defendant present with CJA appointed counsel Jill Shellow. BAIL DISPOSITION: Detention on consent w/o prejudice. ***Preliminary Hearing Date: 11/27/2023 on defendants consent. (joe) [1:23-mj-06939-UA] (Entered: 10/25/2023)
10/25/2023Arrest of Cristian Eustate Espinal. (joe) [1:23-mj-06939-UA] (Entered: 10/25/2023)
10/25/2023Attorney update in case as to Cristian Eustate Espinal. Attorney Jill R. Shellow for Cristian Eustate Espinal added. (joe) [1:23-mj-06939-UA] (Entered: 10/25/2023)
10/25/20233CJA 23 Financial Affidavit by Cristian Eustate Espinal. CJA Appointed Counsel Jill Shellow. Approved. (Signed by Magistrate Judge Katharine H. Parker) (joe) [1:23-mj-06939-UA] (Entered: 10/25/2023)
10/24/2023SEALED COMPLAINT as to Cristian Eustate Espinal (1). Violations of 18 U.S.C. §§2252A(a)(5)(B) and (b)(2). (Signed by Magistrate Judge Katharine H. Parker) (joe) [1:23-mj-06939-UA] (Entered: 10/25/2023)