USA v. Craft

7:23-cr-00178 | New York Southern District Court

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Division White Plains
Judge Judge Philip M. Halpern
Filed April 4, 2023
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Filing Date # Docket Text
12/6/2024 MEMO ENDORSEMENT 73 Motion for Leave to Appeal as to Christopher Craft...ENDORSEMENT...Defendant filed his Notice of Appeal as a motion for leave to appeal (Doc. 73). The Clerk of Court is respectfully directed to consider the motion for leave to appeal as the Notice of Appeal and to terminate the motion sequence pending at Doc. 73. (Signed by Judge Philip M. Halpern on 12/6/24) (jw)
3/28/2024 FILED JUDGMENT IN A CRIMINAL CASE as to Christopher Craft (1), Found guilty to Count(s) 1, 2, Imprisonment for a total term of 24 months on Count 1 and 24 months on Count 2, such terms to run concurrently. Supervised release for a term of 3 years as to Counts 1 and 2 of the Indictment, such terms of supervised release to be served concurrently. The court makes the following recommendations to the Bureau of Prisons: The Court recommends to the Bureau of Prisons that the Defendant be designated to FMC Devens in Massachusetts and that he receive appropriate medical treatment. Special Assessment of $200 which is due immediately. (Signed by Judge Philip M. Halpern on 3/28/24)(jw)
1/30/2024 RESCHEDULING ORDER as to Christopher Craft. Sentencing in this matter currently scheduled for February 26, 2024 is rescheduled to March 28, 2024 at 11:00 a.m. in Courtroom 520 at the White Plains Courthouse. Defendant's submission is due by Ma rch 7, 2024. Government's submission is due by March 14, 2024. It is the responsibility of the Government to have the Defendant produced to Courtroom 520 of the White Plains Courthouse at that time. SO ORDERED: ( Brief due by 3/7/2024. Responses to Brief due by 3/14/2024. Sentencing set for 3/28/2024 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. ) (Signed by Judge Philip M. Halpern on 1/30/2024)(bw)
11/1/2023 MEMO ENDORSEMENT as to Christopher Craft (1) on 57 LETTER MOTION addressed to Judge Philip M. Halpern from Lorraine Gauli-Rufo dated 10/30/2023 re: Representation through sentencing process. ENDORSEMENT: Ms. Gauli-Rufo shall continue to serve as standby counsel to Defendant Christopher Craft through the sentencing process. (Signed by Judge Philip M. Halpern on 11/1/2023) (ap)
10/12/2023~Util - Set/Reset Deadlines/Hearings, Memo Endorsement
10/11/2023Letter Motion
10/11/2023 MEMO ENDORSEMENT as to Christopher Craft (1) denying 43 LETTER MOTION addressed to Judge Philip M. Halpern from AUSA Ryan W. Allison dated October 5, 2023 re: Trial Technology. ENDORSEMENT: Application denied. (Signed by Judge Philip M. Halpern on 10/10/2023) (ap)
10/11/2023 MEMO ENDORSEMENT as to Christopher Craft (1) granting 46 LETTER MOTION addressed to Judge Philip M. Halpern from Lorraine Gauli-Rufo dated 10/6/2023 re: Permission to bring laptop to trial. ENDORSEMENT: Application granted. Defense counsel is directed to email to chambers the fillable form provided on the Court's website regarding bringing personal electronic devices to the courthouse. (Signed by Judge Philip M. Halpern on 10/10/2023) (ap)
10/11/2023 ORDER as to Christopher Craft: Trial in the above-referenced action is scheduled to begin on October 18, 2023. IT IS HEREBY ORDERED that, in the event that CHRISTOPHER CRAFT refuses to comply with a directive designed to effectuate his transport t o White Plains Federal Court for any of the trial days in the above-referenced matter, Bureau of Prisons personnel and/or U.S. Marshals Service personnel may use such force as is reasonably necessary to effectuate such directive; and IT IS FURTHER HEREBY ORDERED that the Clerk of the Court serve a copy of this Order upon the United States Marshal Service for the Southern District of New York and the Bureau of Prisons. (Signed by Judge Philip M. Halpern on 10/10/2023) (Copy hand delivered to US Marshal Service. As per US Marshals, they have notified BOP of Order) (ap) Modified on 10/11/2023 (ap).
9/25/2023 OPINION & ORDER as to Christopher Craft. Defendant's motions to dismiss the indictment and to suppress evidence resulting from the seizure and search of his vehicle are DENIED. The Clerk of Court is respectfully directed to terminate the mo tion sequence pending at Doc. 19. As noted during the September 20, 2023 conference, time has been excluded under the Speedy Trial Act through the date of the final pretrial conference, which is scheduled for October 5, 2023 at 10:00 a.m. in Courtroom 520. (Signed by Judge Philip M. Halpern on 9/25/2023) (See ORDER set forth) (ap)
9/25/2023 OPINION & ORDER as to Christopher Craft. Defendant did not address in his opposition the Governments request to admit his statement at his arraignment. Accordingly, the motion as to the arraignment statement is granted as unopposed. (See genera lly Def. Br.). The motion to admit Craft's April 17th statement to NYSP troopers that he possessed a gun that day is also granted. The second branch of the Government's motion in limine is granted. The pertinent statements are admissible as direct evidence of the crimes charged. The Clerk of Court is respectfully requested to terminate the pending motion. (Doc. 33). (Signed by Judge Philip M. Halpern on 9/25/2023) (See ORDER set forth) (ap)
9/25/2023 LAPTOP ORDER as to Christopher Craft. Counsel for Christopher Craft has requested approval for the use of CJA funds to purchase a laptop for defendant, Christopher Craft who wishes to review discovery materials produced by the Government and therefo re needs to have access to an electronic device under the terms ordered below. Defense counsel represents that without this laptop Mr. Craft will be unable to effectively prepare for trial in addition to reviewing the massive amount of discovery mate rial that the Government has provided pursuant to Rule 16 of the Federal Rules of Criminal Procedure. The application is granted as follows:...[*** See this Laptop Order ***]... 11. IT IS FURTHER ORDERED that no later than the conclusion of the proce edings against Mr. Craft in the district court, whether through dismissal of the charges against the Defendant or the sentencing of the Defendant, the Institution in which Mr. Craft is lodged shall return the Electronic Device to his counsel, who will promptly provide it to the Administrative Office of the U.S. Courts if it was purchased with CJA funds. SO ORDERED: (Signed by Judge Philip M. Halpern on 9/25/2023)(bw)
9/13/2023 MEMO ENDORSEMENT denying 32 LETTER MOTION addressed to Judge Philip M. Halpern from Lorraine Gauli-Rufo dated 9/11/23 re: draft Order to MDC to provide Mr. Craft with access to law library to prepare for trial. ENDORSEMENT: Application denied. Defendant may submit a letter application and proposed order via ECF seeking authorization of the CJA office to purchase a laptop for Defendant. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/13/2023) (lnl)
9/11/2023Request to Charge
9/11/2023Proposed Voir Dire Questions
9/11/2023In Limine
9/11/2023Letter Motion
9/11/2023Letter Motion
8/28/2023 MEMO ENDORSEMENT 29 LETTER MOTION addressed to Judge Philip M. Halpern from Lorraine Gauli-Rufo dated 8/28/23 re: Request to reschedule Faretta hearing as to Christopher Craft...ENDORSEMENT...Application granted. The Faretta hearing scheduled for September 7, 2023 at 2:30pm is hereby rescheduled to September 7, 2023 at 3:30pm (Signed by Judge Philip M. Halpern on 8/28/23) (jw)
8/25/2023 ORDER as to Christopher Craft. The Government is directed to respond to Defendant's August 24, 2023 letter (Doc. 26) by August 31, 2023 at 5:00 p.m. Further, the Court has scheduled a Faretta Hearing on September 7, 2023 at 2:30 p.m. in Courtro om 520 at the White Plains Courthouse. It is the responsibility of the Government to have the Defendant produced to Courtroom 520 of the White Plains Courthouse at that time. SO ORDERED: ( Responses due by 8/31/2023 5:00 P.M. Faretta Hearing set for 9/7/2023 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. ) (Signed by Judge Philip M. Halpern on 8/25/2023)(bw)
8/16/2023 MEMO ENDORSEMENT as to Christopher Craft (1) granting 23 LETTER MOTION addressed to Judge Philip M. Halpern from AUSA Ryan W. Allison dated August 16, 2023 re: Page Extension. ENDORSEMENT: Application granted. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 23. (Signed by Judge Philip M. Halpern on 8/16/2023) (ap)
8/3/2023 MEMO ENDORSEMENT denying 21 LETTER MOTION filed by Christopher Craft (1), addressed to Judge Philip M. Halpern from Attorney Lorraine Gauli-Rufo, Esq. dated 8/2/2023 re: Request for conference.... I was appointed under the Criminal Justice Act (&qu ot;CJA") to represent Christopher Craft in the above matter. Although we filed our pretrial motions on his behalf, Mr. Craft indicated that he wanted to file his own additional motions. When he last communicated with me, he asked to be brought before Your Honor. Since then, Mr. Craft has refused my emails on Corrlinks, my scheduled calls and scheduled video visits. Therefore, I am respectfully requesting that Your Honor schedule a conference as Mr. Craft has requested. ENDORSEMENT: Application denied. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/3/2023) (bw)
8/2/2023Letter Motion
7/31/2023Notice of Attorney Appearance - USA
7/31/2023Dismiss
7/28/2023Endorsed Letter
6/30/2023 MOTION SCHEDULING ORDER as to Christopher Craft. At today's conference, the Court extended the briefing schedule for pretrial motions as follows: 1. Defendant's motions, if any, shall be filed by August 1, 2023. 2. The Government's op position shall be filed by August 22, 2023. 3. Defendant's reply, if any, shall be filed by September 7, 2023. 4. Absent prior permission, sur-reply papers will not be accepted. The Court encourages and appreciates brevity. Absent prior permis sion, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages. Counsel shall submit a courtesy copy of all motion papers to Chambers. If an evidentiary hearing is requested, tha t request must be made by letter to accompany the courtesy copies delivered to Chambers. The letter should indicate whether the Government consents to a hearing. The next court date in this case is September 20, 2023 at 3:30 p.m., at which time, base d on the information supplied by counsel at today's conference, the Court expects to conduct a hearing on Defendant's motion(s). SO ORDERED: ( Motions due by 8/1/2023. Responses due by 8/22/2023. Replies due by 9/7/2023. Status Conference set for 9/20/2023 at 03:30 PM before Judge Philip M. Halpern. )(Signed by Judge Philip M. Halpern on 6/30/2023)(bw)
6/30/2023Oral Order, Pretrial Conference
5/30/2023 SCHEDULING ORDER as to Christopher Craft. The Court has scheduled a Faretta Hearing on June 30, 2023 at 9:30 a.m. in Courtroom 520 at the White Plains Courthouse. The Government is directed to have the Defendant produced for the hearing. (Faretta Hearing set for 6/30/2023 at 09:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern) (Signed by Judge Philip M. Halpern on 5/30/2023) (ap)
5/30/2023Response in Support of Motion
5/29/2023Response to Motion
5/25/2023~Util - Set/Reset Deadlines/Hearings, Memo Endorsement
5/23/2023Letter Motion
4/24/2023Minute Entry for proceedings held before Magistrate Judge Paul E. Davison:Defendant Christopher Craft Outgoing counsel Rachel Martin, Federal Defenders. Incoming Counsel John Wallenstein, CJA. AUSA Ryan Allison for the Government. Attorney Appointment Hearing as to Christopher Craft held on 4/24/2023. Change of counsel hearing held. Rachel Martin is relieved as counsel and John Wallenstein of the CJA panel is appointed to represent Mr. Craft. Added attorney John S. Wallenstein for Christopher Craft. Attorney Rachel Martin terminated in case as to Christopher Craft. (ap) (Entered: 04/24/2023)
4/21/2023 MOTION to Withdraw as counsel and for appointment of new counsel. Document filed by Christopher Craft. (Martin, Rachel) (Entered: 04/21/2023)
4/21/2023TRANSCRIPT of Proceedings as to Christopher Craft re: Arraignment held on 04/10/2023 before Magistrate Judge Judith C. McCarthy. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2023. Redacted Transcript Deadline set for 5/22/2023. Release of Transcript Restriction set for 7/20/2023. (Ginsberg, Darby) (Entered: 04/21/2023)
4/21/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Craft. Notice is hereby given that an official transcript of a Arraignment proceeding held on 04/10/2023 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.... (Ginsberg, Darby) (Entered: 04/21/2023)
4/10/2023PRETRIAL SCHEDULING ORDER as to Christopher Craft. The parties are hereby notified that jury selection and trial in this action are scheduled to begin on October 18, 2023 at 9:30 a.m. Accordingly, the deadlines for pretrial submissions are as follows: 1. Rule 404(b) evidence (if any) shall be disclosed by no later than September 11, 2023. The Government shall fully comply with the notice requirements set forth in Rule 404(b)(3), and supplement that disclosure with citation to caselaw authority for the proposed use. 2. Motions in limine, including any government motion to admit or motion to oppose the use of Rule 404(b) evidence, shall be filed by September 11, 2023. Opposition shall be filed by September 18, 2023. No replies will be permitted.3. Proposed voir dire, requests to charge with exact citation to authority, and a proposed verdict sheet shall be filed by September 11, 2023. The parties are directed to meet and confer and agree to the extent possible on the proposed charge. If the defendant disagrees on the charge, it should set forth its proposed charge immediately below the government's proposed charge (with citation to authority) so that the Court has one proposed charge. Counsel are also directed to meet and confer concerning proposed voir dire questions and prepare one document setting forth the questions agreed to by the parties and additional questions, if any, that the parties cannot agree to. Counsel for the parties shall also confer and provide to the Court a joint, concise written statement describing the case in an impartial, easily understood manner, for the Court to read to the jury panel prior to voir dire. 4. 3500 material and Giglio material, if any, shall be produced by September 11, 2023, with courtesy copies produced to the Court contemporaneously. 5. Marked Government case-in-chief exhibits shall be produced by September 11, 2023. The Government's exhibits shall be marked by numbers and Defendant's exhibits by letters. Any objections to the Government's case-in-chief exhibits shall be served and filed by September 18, 2023. 6. To the extent electronic media is to be used, counsel shall confer with the Courtroom Deputy and A/V Department to ensure the technology is working properly in advance of trial. 7. Counsel shall provide to the Court, not exchange, witness lists no later than September 25, 2023. The witness lists shall provide a brief description and the purpose of each witness to be offered. Counsel has a continuing obligation to supplement upon learning of any additional witnesses. 8. Counsel shall confer to agree on any stipulations of fact to be read into the record. The Court strongly encourages those stipulations to be reduced to writing, signed by counsel and the defendant, and submitted to the Court no later than three business days prior to trial. 9. Should the defendant choose to enter a plea of guilty, a Notice of Intent shall be filed at least two business days prior to the final pretrial conference and a copy of the plea agreement, if any, must be immediately provided to the Court by email. 10. Counsel should not expect the Court to hold bench conferences during trial to consider legal issues or evidentiary rulings that could have been raised before trial without a showing that counsel could not, by the exercise of due diligence, have anticipated them prior to trial. 11. The final pretrial conference is scheduled for October 5, 2023 at 10:00 a.m., Courtroom 520. 12. Jury selection and trial are scheduled to begin October 18, 2023 at 9:30 a.m. SO ORDERED. ( Final Pretrial Conference set for 10/5/2023 at 10:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. Jury Selection set for 10/18/2023 at 09:30AM before Judge Philip M. Halpern. Jury Trial set for 10/18/2023 at 09:30 AM before Judge Philip M. Halpern. )(Signed by Judge Philip M. Halpern on 4/10/2023)(bw) (Entered: 04/11/2023)
4/10/2023MOTION SCHEDULING ORDER as to Christopher Craft. At today's pretrial conference, the Court set the following briefing schedule for pretrial motions: 1. Defendant's motions, if any, shall be filed by June 30, 2023. 2. The Government's opposition shall be filed by July 28, 2023. 3. Defendant's reply, if any, shall be filed by August 11, 2023. 4. Absent prior permission, sur-reply papers will not be accepted. The Court encourages and appreciates brevity. Absent prior permission, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages. Counsel shall submit a courtesy copy of all motion papers to Chambers. If an evidentiary hearing is requested, that request must be made by letter to accompany the courtesy copies delivered to Chambers. The letter should indicate whether the Government consents to a hearing. The next court date in this case is September 7, 2023 at 3:00 p.m., at which time, based on the information supplied by counsel at today's conference, the Court expects to conduct a hearing on Defendant's motion(s). For the reasons stated on the record at today's conference, time is excluded under the Speedy Trial Act in the interest of justice until September 7, 2023. SO ORDERED: ( Motions due by 6/30/2023. Responses due by 7/28/2023. Replies due by 8/11/2023. Status Conference set for 9/7/2023 at 03:00 PM before Judge Philip M. Halpern. )(Signed by Judge Philip M. Halpern on 4/10/2023)(bw) (Entered: 04/11/2023)
4/10/2023RULE 5(F) ORDER as to Christopher Craft. (Signed by Magistrate Judge Judith C. McCarthy on 4/10/2023) (ap) (Entered: 04/10/2023)
4/10/2023Case as to Christopher Craft REASSIGNED to Judge Philip M. Halpern. Judge Unassigned no longer assigned to the case. (ap) (Entered: 04/10/2023)
4/10/2023Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Plea entered by Christopher Craft (1) Count 1,2 Not Guilty. (ap) (Entered: 04/10/2023)
4/10/2023Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Arraignment as to Christopher Craft (1) Count 1,2 held on 4/10/2023. Defendant present with Rachel Martin and Lise Rahdert. AUSA: Ryan Allison. The defendant was arraigned on the Indictment and entered a not guilty plea. The matter was wheeled out and assigned to Judge Halpern. The speedy trial time has been excluded until the first pretrial conference before the district judge, not to exceed April 24, 2023. Any further exclusion of time must be made to the district judge. Detention continued. (Court Reporter Courtflow) (ap) (Entered: 04/10/2023)
4/10/2023ORAL ORDER as to Christopher Craft. Time excluded from 4/10/2023 until 9/7/2023. Motions due by 6/30/2023. Responses due by 7/28/2023. Replies due by 8/11/2023. Status Conference set for 9/7/2023 at 03:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. Ready for Trial by 10/18/2023. (bw) (Entered: 04/10/2023)
4/10/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Initial Conference as to Christopher Craft held on 4/10/2023. The defendant present with attorney Rachel Martin. AUSA: Ryan Allison. Court Reporter: Angie Shaw-Crockett. Initial Conference Held: The Court set a briefing schedule for pretrial motions. Defendant to file pretrial motions by 6/30/2023; Government's opposition 7/28/2023; Defendant's reply 8/11/2023. The Court scheduled a trial date on 10/18/2023. The next status conference is scheduled for 09/7/2023 at 3:00 pm in courtroom 520. The Government moved without objection by the Defendant, to exclude time under the Speedy Trial Act from today until 09/7/2023. The Court granted the application to allow the parties to propound and review discovery, discuss possible pretrial resolution, contemplate and file pretrial motions and responses, and for the effective preparation of subsequent matters herein. Defendant is remanded. (bw) (Entered: 04/10/2023)
4/4/2023Case Designated ECF as to Christopher Craft. (jm) (Entered: 04/04/2023)
4/4/2023 INDICTMENT FILED as to Christopher Craft (1) count(s) 1, 2. (jm) (Additional attachment(s) added on 4/4/2023: # 1 redacted indi) (jm). (Entered: 04/04/2023)
3/25/2023Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Initial Appearance as to Christopher Craft held on 3/25/2023. AUSA Ryan Allison for the Government. Rachel Martin for the Defendant. The defendant refused to meet with counsel and pretrial and did not answer any questions asked of him by the Court. He was advised of his rights and the charges against him. Complaint read in open court. No financial affidavit completed. The defendant was advised of his right to counsel, and that he may waive that right. The defendant did not waive his right to counsel, so the Court appointed Rachel Martin to represent him. Defendant detained without prejudice. PRELIMINARY HEARING DATE:4/7/23. (Court Reporter Courtflow) (ap) [7:23-mj-01591-UA] (Entered: 03/27/2023)
3/25/2023Arrest of Christopher Craft. (ap) [7:23-mj-01591-UA] (Entered: 03/27/2023)
3/25/2023COMPLAINT UNSEALED as to Christopher Craft. (ap) [7:23-mj-01591-UA] (Entered: 03/27/2023)
3/25/2023Order to Unseal Case as to Sealed Defendant 1. (Signed by Magistrate Judge Judith C. McCarthy on 3/25/2023) (ap) [7:23-mj-01591-UA] (Entered: 03/27/2023)
2/27/2023SEALED COMPLAINT as to Sealed Defendant 1 (1). (Signed by Magistrate Judge Judith C. McCarthy) (ap) [7:23-mj-01591-UA] (Entered: 03/27/2023)
2/27/20231SEALED DOCUMENT placed in vault. (ap) [7:23-mj-01591-UA] (Entered: 03/27/2023)