USA v. Brown

6:23-mj-04112 | New York Western District Court

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Division Rochester
Judge Hon. Colleen D. Holland
Filed July 17, 2023
Case Flags INTERPRETER and MERGED
Last Updated: 3 months ago Show Interactive Timeline
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19 Months
  • 11/25/2026
EXCLUDABLE TIME: 10/24/2024 TO 11/25/2026 as to Namon Brown.
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Filing Date # Docket Text
1/15/2025228
  • Order
TEXT ORDER. The status conference originally set for 1/10/2025 is reset to 2/11/2025 at 10:30 AM in Courtroom 4, 1st Floor, Rochester NY before Hon. Colleen D. Holland. SO ORDERED. Signed by Hon. Colleen D. Holland on 1/15/2025.(DAF) (Entered: 01/15/2025)
1/10/2025227TEXT ORDER granting 226 Motion to Adjourn Status Conference and exclude time by USA as to Namon Brown. The status conference scheduled for today, January 10, 2025, at 9:00 a.m. was unable to be held due to delays in transporting the defendant and defense counsel's need to appear in state court for a trial reconvening at 9:30 a.m. At the request of the government and without objection from the defense, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A) for 30 days from todays date. I find that the defendant's and the public's interest in a speedy trial and a speedy indictment are outweighed by the defendant's interest in having sufficient time to continue plea negotiations with the government in this complicated case involving voluminous discovery. The status conference set for today is adjourned without date and shall be rescheduled in consultation with the parties. SO ORDERED. Signed by Hon. Colleen D. Holland on 1/10/2025. (DAF). (Entered: 01/10/2025)
1/10/2025 MOTION to Adjourn Status Conference and exclude time by USA as to Namon Brown. (McGrath, Matthew) (Entered: 01/10/2025)
1/7/2025225
  • Order
TEXT ORDER as to Namon Brown reassigning case to Hon. Colleen D. Holland in place of Hon. Marian W. Payson. Signed by Mary C. Loewenguth on 1/7/2025. (DAF) (Entered: 01/07/2025)
1/2/2025Terminate Deadlines and Hearings as to Namon Brown: (DAF) (Entered: 01/02/2025)
1/2/2025SCHEDULING NOTICE as to Namon Brown: The Status Conference set for 1/9/2025 at 09:00 AM has been reset to 1/10/2025 at 9:00 AM in Courtroom 2, 2nd Floor, 100 State Street, Rochester NY before Hon. Colleen D. Holland. (DAF) (Entered: 01/02/2025)
12/18/2024224Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Michael P. Schiano, Esq., and James Napier, Esq., for defendant; Matthew T. McGrath, AUSA. Curcio hearing held as to Namon Brown. Status Conference set for 1/9/2025 at 9:00 AM in Courtroom 7, 2nd Floor, 100 State Street, Rochester NY, before future Magistrate Judge Colleen D. Holland. Defendant asks for an interests of justice exclusion from the Speedy Trial Clock until next appearance: government joins in request. The Court excludes time. EXCLUDABLE TIME: 12/18/2024 TO 1/9/2025 AS TO NAMON BROWN. (DAF) (Entered: 12/19/2024)
12/18/2024223
  • Order
TEXT ORDER Re: 213 Government's Motion for the Determination of a Conflict of Interest as to Namon Brown (1). On December 18, 2024, the Court conducted a Curcio colloquy with the defendant Namon Brown, conflict-free counsel James Napier and defense counsel Michael Schiano. Defendant Brown made a knowing, voluntary, and intelligent waiver of the conflict, which was accepted by the Court. Signed by Hon. Marian W. Payson on 12/18/2024.(LMD) Modified on 12/18/2024 (LMD). (Entered: 12/18/2024)
12/18/2024SCHEDULING NOTICE as to Namon Brown the Curcio Hearing set for 12/18/2024 at 11:00 AM has been reset to 12/18/2024 at 02:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY, before the Hon. Marian W. Payson. NOTE THIS IS A TIME CHANGE ONLY. (DAF) (Entered: 12/18/2024)
12/13/2024222Minute Entry for proceedings held before Hon. Marian W. Payson on 12/13/2024: Appearances: Witness-1, counsel for Witness 1 and Matthew McGrath, AUSA. Court addresses the government's motion for determination of conflict of interest. Witness-1 waives conflict. Court directs that the digital recording of the proceeding be sealed. (Sealed FTR Recording.) (LMD) (Entered: 12/13/2024)
12/12/2024221Minute Entry for proceedings held before Hon. Marian W. Payson: Attorney Appointment Hearing as to Namon Brown held on 12/12/2024. Appearances: Michael P. Schiano, Esq., for defendant; Matthew T. McGrath, AUSA. Napier appointed as Curcio counsel to advise the defendant on the conflict issue raised by the government. Curcio hearing scheduled for 12/18/2024 at 11:00 a.m. Schiano and Brown consent to Court conducting Curcio hearing with witness 1 without them present and by identification of witness as witness 1, rather than by name. Time is excluded from the Speedy Trail Clock due to the continued pendency of the government's motion to determine conflict issue. Curcio Hearing set for 12/18/2024 at 11:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXLUDABLE TIME: 12/12/2024 TO 12/18/2024 AS TO NAMON BROWN. (FTR Recording). (DAF) (Entered: 12/13/2024)
12/3/2024220Minute Entry for proceedings held before Hon. Marian W. Payson held on 12/3/2024: Appearances: Witness-1; counsel for Witness-1 and Matthew McGrath, AUSA Court addresses the government's motion for determination of conflict of interest. Counsel will address the issue with Witness-1 so that Witness-1 may make informed decision whether to waive conflict. (FTR Recording.) (LMD) (Entered: 12/03/2024)
11/25/2024219Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. Namon Brown w/Mike Schiano, Esq. Matthew McGrath, AUSA. Motion Hearing as to Namon Brown held on 11/25/2024 re 213 MOTION for the Determination of a Conflict of Interest filed by USA, Court to appoint conflict-free counsel to Namon Brown and the Ci. Attorney Appointment Hearing for the appointment of conflict-free counsel set for 12/12/2024 09:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. The Government to provide the Court with a conflict list. (FTR Recording.) (LMD) (Entered: 11/26/2024)
11/19/2024
  • Response
RESPONSE to Motion by Namon Brown re 213 MOTION for the Determination of a Conflict of Interest (Schiano, Michael) (Entered: 11/19/2024)
11/15/2024217TEXT ORDER AMENDED MOTION SCHEDULING ORDER as to Namon Brown re 213 MOTION for the Determination of a Conflict of Interest filed by USA, Responses due by 11/21/2024. Defense counsel may file his affirmation under seal. Motion Hearing/Oral Argument reset for 11/25/2024 10:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 11/15/2024.(LMD) (Entered: 11/15/2024)
11/15/2024MOTION SCHEDULING ORDER as to Namon Brown re 213 MOTION for the Determination of a Conflict of Interest filed by USA. Responses due by 11/22/2024. Defense counsel may file his affirmation under seal. Motion Hearing/Oral Argument set for 11/26/2024 03:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 11/15/2024.(LMD) (Entered: 11/15/2024)
11/14/2024Sealed Document - Affirmation in Support of 213 Government's Motion for the Determination of a Conflict of Interest as to Namon Brown. (LMD) (Main Document 215 replaced on 11/18/2024) (LMD). (Entered: 11/14/2024)
11/14/2024MEMORANDUM IN SUPPORT OF THE GOVERNMENT'S MOTION FOR THE DETERMINATION OF A CONFLICT OF INTEREST by USA as to Namon Brown (McGrath, Matthew) (Entered: 11/14/2024)
11/14/2024
  • Motion
MOTION for the Determination of a Conflict of Interest by USA as to Namon Brown. (McGrath, Matthew) (Entered: 11/14/2024)
10/24/2024212Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. Namon Brown w/Michael Schiano, Esq. Matthew McGrath, AUSA. Status Conference as to Namon Brown held on 10/24/2024, Def. requests 30-days adjournment to work on a disposition. Defendant Namon Brown reserves his right to a Detention Hearing and a Preliminary Hearing. Status Conference set for 11/25/2024 10:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 10/24/2024 TO 11/25/2026 as to Namon Brown. (Tape #FTR Recording.)(LMD) (Entered: 10/24/2024)
9/25/2024ORDER granting 210 Motion to Adjourn the status conference set for 9/26/2024 as to Namon Brown (1) Status Conference reset for 10/24/2024 09:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 9/25/2024 TO 10/24/2024 IN THE INTEREST OF JUSTICE as to Namon Brown (1). Signed by Hon. Marian W. Payson on 9/25/2024.(LMD) (Entered: 09/25/2024)
9/25/2024 MOTION to Adjourn the status conference on 9/26/2024, MOTION to Continue in the interest of justice by Namon Brown. (LMD) (Entered: 09/25/2024)
9/23/2024NOTICE OF MERGE as to Jose Encarnacion. All future documents should be filed under criminal case number 24-CR-6124. (JHF) (Entered: 09/23/2024)
9/23/2024Terminate Hearings as to Jose Encarnacion: The Status Conference set for 9/23/2024 at 1:00 PM before Judge Payson is canceled. (LMD) (Entered: 09/23/2024)
9/18/2024209Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference not held as to Namon Brown held on 9/18/2024. Appearances: Matthew McGrath, AUSA; Michael Schiano, Esq. Defendant refused to come to court. Court directs defense counsel to stress to the defendant the importance of his appearance in Court and that the Court will not tolerate any further non-appearances by defendant. If the defendant wishes to adjourn his appearance, he should submit a letter to the Court prior to the appearance making such request and the reasons behind the request. The Status Conference is adjourned until 9/26/2024 at 10:00 AM. Government has no objections. TIME FROM 9/18/2024 THROUGH 9/26/2024 EXCLUDED IN THE INTEREST OF JUSTICE. (Digital Recording).(DAF) (Entered: 09/20/2024)
9/17/2024
  • Motion to Seal
MOTION to Seal by USA as to Jose Encarnacion. (McGrath, Matthew) (Entered: 09/17/2024)
9/16/2024NOTICE OF MERGE as to Delarae Sheffield. All future documents should be filed under criminal case number 24-CR-6120. (RE) (Entered: 09/17/2024)
9/16/2024Terminate Hearings as to Delarae Sheffield: The Status Conference before Judge Payson set for 9/16/2024 at 12:00 PM is cancelled. (LMD) (Entered: 09/16/2024)
9/9/2024NOTICE OF MERGE as to Aaniyah Carter. All future documents should be filed under criminal case number 24-CR-6113. (JHF) (Entered: 09/09/2024)
9/9/2024Terminate Hearings as to Aaniyah Carter: The Status Conference before Judge Payson on 9/10/2024 at 10 am is cancelled. (LMD) (Entered: 09/09/2024)
9/5/2024NOTICE OF MERGE as to Pedro Martinez. All future documents should be filed under criminal case number 24-CR-6132. (DMK) (Entered: 09/05/2024)
8/28/2024207Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/James P. Vacca, Esq.; Matthew McGrath, AUSA. Status Conference as to Pedro Martinez held on 8/28/2024. Def. Pedro Martinez request a Preliminary Hearing. Preliminary Hearing set for 9/18/2024 04:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. (FTR Recording.) (LMD) (Entered: 08/29/2024)
8/27/2024ORDER granting 205 Motion to Adjourn the status conference set for 8/29/2024 as to Jose Encarnacion (3). Status Conference reset for 9/23/2024 01:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 8/27/2024 TO 9/23/2024 IN THE INTEREST OF JUSTICE as to Jose Encarnacion (3). Signed by Hon. Marian W. Payson on 8/27/2024.(LMD) (Entered: 08/27/2024)
8/27/2024NOTICE OF HEARING as to Jose Encarnacion. Plea Agreement Hearing reset for 9/23/2024 at 11:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Charles J. Siragusa. PLEASE NOTE CHANGE IN TIME ONLY. DATE REMAINS THE SAME. (KJA) (Entered: 08/27/2024)
8/26/2024 MOTION to Adjourn Status /Control Date by USA as to Jose Encarnacion. (McGrath, Matthew). Added MOTION to Continue in the interest of justice on 8/27/2024 (LMD). (Entered: 08/26/2024)
8/25/2024NOTICE OF HEARING as to Jose Encarnacion: Plea Agreement Hearing set for 9/23/2024 at 10:15 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Charles J. Siragusa. (KJA) (Entered: 08/25/2024)
8/21/2024204Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. Pedro Martinez w/James P. Vacca, Esq. and Matthew McGrath, AUSA. Status Conference as to Pedro Martinez held on 8/21/2024. Def. Pedro Martinez request adjournment to work on a disposition. Status Conference set for 8/28/2024 04:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 8/21/2024 TO 8/28/2024 IN THE INTEREST OF JUSTICE as to Pedro Martinez. (FTR Recording.) (LMD) (Entered: 08/23/2024)
8/20/2024ORDER granting 202 Motion to Adjourn the status conference set for 8/21/2024 as to Delarae Sheffield (6). Status Conference reset for 9/16/2024 12:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 8/20/2024 TO 9/16/2024 IN THE INTEREST OF JUSTICE as to Delarae Sheffield (6). Signed by Hon. Marian W. Payson on 8/20/2024.(LMD) (Entered: 08/20/2024)
8/20/2024 MOTION to Adjourn the status conference set for 8/21/2024, MOTION to Continue in the interest of justice by Delarae Sheffield. (LMD) (Entered: 08/20/2024)
8/20/2024
  • Motion to Seal
MOTION to Seal Document by USA as to Delarae Sheffield. (McGrath, Matthew) (Entered: 08/20/2024)
8/8/2024NOTICE OF HEARING as to Delarae Sheffield: Plea Agreement Hearing set for 9/16/2024 at 10:15 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Charles J. Siragusa. (KJA) (Entered: 08/08/2024)
8/2/2024200Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. Namon Brown w/Michael Schiano Esq.; Matthew McGrath, AUSA.Status Conference as to Namon Brown held on 8/2/2024. Def. counsel requests 45 days adjournment as he has to copy the discovery to give it to his client who was moved from one facility to another. No change to the Coonan order. Status Conference set for 9/18/2024 09:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 8/2/2024 TO 9/18/2024 IN THE INTEREST OF JUSTICE as to Namon Brown. (Tape #FTR Recording.)(LMD) (Entered: 08/05/2024)
7/31/2024199Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Tony Lana, Esq.; Matthew McGrath, AUSA and John Barberia, Spanish Interpreter. Status Conference as to Jose Encarnacion held on 7/31/2024. John Barberia Spanish Interpreter sworn. Mr. Lana apologized for failing to appear yesterday in this case. Judge Payson indicated she was not going to assess the cost of the interpreter to Mr. Lana. Def. working on a resolution. Status Conference set for 8/29/2024 11:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 7/31/2024 TO 8/29/2024 IN THE INTEREST OF JUSTICE as to Jose Encarnacion. (FTR Recording.)(LMD) (Entered: 08/01/2024)
7/30/2024ORDER denying the request to adjourn the 8/2/2024 at 9:30 AM Status Conference before Judge Payson as to Namon Brown. The Status Conference as to Namon Brown will take place as scheduled. SO ORDERED. Signed by Hon. Marian W. Payson on 7/30/2024.(LMD) (Entered: 07/30/2024)
7/30/2024197Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. Jose Encarnacion with the Spanish Interpreter, Jesus Barberia and Matt McGrath, AUSA. Status Conference as to Jose Encarnacion not held on 7/30/2024 as defense counsel was not present. Status Conference reset for 7/31/2024 12:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. (FTR Recording.)(LMD) (Entered: 07/30/2024)
7/30/2024ORDER granting 195 Motion to Adjourn the status conference set for 8/7/2024 as to Aaniyah Carter (7). Status Conference reset for 9/10/2024 10:00 AM, in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 7/30/2024 TO 9/10/2024 IN THE INTEREST OF JUSTICE as to Aaniyah Carter (7). Signed by Hon. Marian W. Payson on 7/30/2024.(LMD) (Entered: 07/30/2024)
7/29/2024 MOTION to Adjourn status conference by Aaniyah Carter. (Oathout, Bryan). Added MOTION to Continue on 7/30/2024 (LMD). (Entered: 07/29/2024)
7/29/2024NOTICE OF HEARING as to Aaniyah Carter. Plea Agreement Hearing set for 9/9/2024 at 10:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Charles J. Siragusa. (KJA) (Entered: 07/29/2024)
7/17/2024Writ of Habeas Corpus ad Prosequendum Returned Executed as to Pedro Martinez on 7/11/2024. (LMD) (Entered: 07/17/2024)
7/15/2024Writ of Habeas Corpus ad Prosequendum Returned Executed as to Pedro Martinez on 6/17/2024. (LMD) (Entered: 07/15/2024)
7/11/2024Writ of Habeas Corpus ad Prosequendum Returned Executed as to Pedro Martinez on 620/2024. (LMD) (Entered: 07/15/2024)
7/11/2024191Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/James Vacca, Esq. and Matthew McGrath, AUSA. Status Conference as to Pedro Martinez held on 7/11/2024. Def. Pedro Martinez requests to withdraw the [160} Waiver of Interstate Agreement on Detainers. Court grants the request to withdraw. Def. request adjournment as working on disposition. Status Conference set for 8/21/2024 02:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 7/11/2024 TO 8/21/2024 IN THE INTEREST OF JUSTICE as to Pedro Martinez. Def. Pedro Martinez reserves his right to a preliminary hearing. (FTR Recording.) (LMD) (Entered: 07/11/2024)
7/11/2024
  • Order
ORDER as to Pedro Martinez re 160 Waiver of Interstate Agreement on Detainers filed by Pedro Martinez. On July 11, 2024 defendant Pedro Martinez requested permission to withdrawn the 160 Waiver of Interstate Agreement on Detainers Act. The Court granted his request to revoke or withdraw his waiver. Accordingly the waiver is no longer operative an the defendant shall remain in federal custody until final disposition of the federal charges for which he is before this Court being returned to state custody. IT IS SO ORDERED. Signed by Hon. Marian W. Payson on 7/11/2024.(LMD) (Entered: 07/11/2024)
7/10/2024189Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Robert Wood, Esq., Matthew McGrath, AUSA. Status Conference as to Delarae Sheffield held on 7/10/2024, Def. still working on a resolution. Def. is doing well in treatment. Status Conference set for 8/21/2024 01:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 7/10/2024 TO 8/21/2024 IN THE INTEREST OF JUSTICE as to Delarae Sheffield. (FTR Recording.) (LMD) (Entered: 07/10/2024)
7/8/2024
  • Motion to Exclude
MOTION to Exclude Time by USA as to Pedro Martinez. (McGrath, Matthew) (Entered: 07/08/2024)
7/8/2024Terminate Hearings as to Pedro Martinez: Status Conference set for 7/8/2024 is canceled. (LMD) (Entered: 07/08/2024)
7/8/2024Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 7/11/2024 3:00 PM (LMD) (Entered: 07/08/2024)
7/8/2024Petition and Order for Writ of Habeas Corpus ad Prosequendum. Signed by Hon. Marian W. Payson on 7/8/2024.(LMD) (Entered: 07/08/2024)
7/8/2024NOTICE OF Set/Reset Hearings as to Pedro Martinez: Status Conference reset from 7/8/2024 to 7/11/2024 03:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. (LMD) Modified on 7/8/2024 (LMD). (Entered: 07/08/2024)
7/2/2024ORDER granting 185 Motion to Adjourn the status conference set for 7/11/2024 as to Namon Brown (1), Status Conference set for 8/2/2024 09:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 7/2/2024 TO 8/2/2024 IN THE INTEREST OF JUSTICE as to Namon Brown (1). Signed by Hon. Marian W. Payson on 7/2/2024.(LMD) (Entered: 07/02/2024)
7/2/2024 MOTION to Adjourn the status conference set for 7/11/2024, MOTION to Continue in the interest of justice by Namon Brown. (LMD) (Entered: 07/02/2024)
6/25/2024184Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. Aaniyah Carter w/Bryan Oathout, Esq.; Matthew McGrath, AUSA. Status Conference as to Aaniyah Carter held on 6/25/2024, Def. request adjournment of 4 to 6 weeks. Working on a disposition. Status Conference set for 8/7/2024 09:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Def. Aaniyah Carter reserves her right to a preliminary hearing and not requesting a hearing on the revocation motion. EXCLUDABLE TIME: 6/25/2024 TO 8/7/2024 IN THE INTEREST OF JUSTICE as to Aaniyah Carter. (FTR Recording.) (LMD) (Entered: 06/27/2024)
6/20/2024183Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Paul Vacca, Esq.; Matthew McGrath, AUSA. Status Conference as to Pedro Martinez held on 6/20/2024. Everyone listened to the 11/16/23 court appearance. Court asks the government if they are willing to dismiss the complaint in light of defendants resolution in state court in January. The government indicates they are not willing to dismiss the complaint. Defense counsel requests time to research the issue to see if there is an argument the defendant can make. Status Conference set for 7/8/2024 01:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 6/20/2024 TO 7/8/2024 IN THE INTEREST OF JUSTICE as to Pedro Martinez. (FTR Recording.)(LMD) (Entered: 06/21/2024)
6/18/2024Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 6/20/2024 2:30 PM (LMD) (Entered: 06/18/2024)
6/18/2024Petition and Order for Writ of Habeas Corpus ad Prosequendum as to Pedro Martinez. Signed by Hon. Marian W. Payson on 6/18/2024.(LMD) (Entered: 06/18/2024)
6/18/2024ORDER granting 178 Motion to Adjourn the status conference set for 6/20/2024 as to Namon Brown (1). Status Conference reset for 7/11/2024 09:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 6/18/2024 TO 7/11/2024 IN THE INTEREST OF JUSTICE as to Namon Brown (1). Signed by Hon. Marian W. Payson on 6/18/20024.(LMD) (Entered: 06/18/2024)
6/18/2024 MOTION to Adjourn the status conference set for 6/20/2024, MOTION to Continue in the interest of justice by Namon Brown. (LMD) (Entered: 06/18/2024)
6/17/2024181Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/James Vacca, Esq., Matthew McGrath, AUSA. Status Conference as to Pedro Martinez held on 6/17/2024. Def. addresses the court and indicates he believed this case would be dismissed based on the November 16, 2023 appearance before Judge Payson. Judge Payson agrees to listen to the audio recording. Status Conference set for 6/20/2024 02:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 6/17/2024 TO 6/20/2024 IN THE INTEREST OF JUSTICE as to Pedro Martinez. (FTR Recording.)(LMD) (Entered: 06/18/2024)
6/17/2024180Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Robert Wood, Esq. and Matthew McGrath, AUSA.Status Conference as to Delarae Sheffield held on 6/17/2024. Status Conference without the defendant, Delarae Sheefield present or on the telephone. Defense counsel waives his client's appearance. Defendant is still in treatment. Status Conference set for 7/10/2024 01:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 6/17/2024 TO 7/10/2024 IN THE INTEREST OF JUSTICE as to Delarae Sheffield. Defendant Delarae Sheffield to be here in person or by telephone on 7/10/2024. (FTR Recording.)(LMD) (Entered: 06/18/2024)
6/14/2024Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 6/17/2024. (KAH) (Entered: 06/17/2024)
6/14/2024Petition and Order for Writ of Habeas Corpus ad Prosequendum as to Pedro Martinez. Signed by Hon. Marian W. Payson on 6/14/2024. (KAH) (Entered: 06/17/2024)
6/4/2024Writ of Habeas Corpus ad Prosequendum Returned Executed as to Pedro Martinez on 5/14/2024. (LMD) (Entered: 06/04/2024)
5/29/2024
  • OrderGranted
ORDER granting 174 motion adjourn the 5/31/2024 status conference as to Namon Brown (1). (Status Conference adjourned until 6/20/2024 at 9:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson.) EXCLUDABLE TIME: 5/29/2024 to 6/20/2024 IN THE INTEREST OF JUSTICE as to Namon Brown (1). Signed by Hon. Marian W. Payson on 5/29/2024. (KAH) (Entered: 05/29/2024)
5/29/2024 MOTION to adjourn the 5/31/2024 status conference and exclude time by Namon Brown. (KAH) (Entered: 05/29/2024)
5/29/2024ORDER granting 172 Motion to Adjourn the status conference set for 5/29/2024 as to Jose Encarnacion (3). Status Conference reset for 7/30/2024 01:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 5/29/2024 TO 7/30/2024 IN THE INTEREST OF JUSTICE as to Jose Encarnacion (3). Signed by Hon. Marian W. Payson on 5/29/2024.(LMD) (Entered: 05/29/2024)
5/28/2024 MOTION to Adjourn Status Conference by Jose Encarnacion. (Lana, Anthony). Added MOTION to Continue in the interest of justice on 5/29/2024 (LMD). (Entered: 05/28/2024)
5/23/2024171Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. Aaniyah Carter w/Bryan Oathout, Esq., Matthew McGrath, AUSA and Sarah Whitcomb, USPO. Status Conference as to Aaniyah Carter held on 5/23/2024. Still working on a disposition. Def. Aaniyah Carter not requesting a bail revocation hearing. Def. reserves her right to a revocation hearing. Status Conference set for 6/25/2024 01:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 5/23/2024 TO 6/25/2024 IN THE INTEREST OF JUSTICE as to Aaniyah Carter. (FTR Recording.)(LMD) (Entered: 05/24/2024)
5/20/2024Writ of Habeas Corpus ad Prosequendum Returned Executed as to Pedro Martinez on 4/23/2024. (LMD) (Entered: 05/20/2024)
5/14/2024170Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. Pedro Martinez w/James Vacca, Esq. Matthew McGrath, AUSA. Status Conference as to Pedro Martinez held on 5/14/2024 Def. is serving a sentence in state court. Def. working on a resolution. Status Conference set for 6/17/2024 02:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Def. Pedro Martinez reserves his right to a preliminary hearing. EXCLUDABLE TIME: 5/14/2024 TO 6/17/2024 IN THE INTEREST OF JUSTICE Time Excluded as to Pedro Martinez from: (FTR Recording.) (LMD) (Entered: 05/21/2024)
5/9/2024E-Filing Notification - docket entry modified to correct date filed: Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 5/14/2024. (KAH) (Entered: 05/09/2024)
5/8/2024Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 5/14/2024. (KAH) Modified on 5/9/2024 (KAH). (Entered: 05/09/2024)
5/8/2024Petition and Order for Writ of Habeas Corpus ad Prosequendum as to Pedro Martinez. Signed by Hon. Marian W. Payson on 5/8/2024. (KAH) (Entered: 05/09/2024)
5/8/2024ORDER granting 166 Motion to Adjourn the status conference as to Pedro Martinez (4). Status Conference reset for 5/14/2024 10:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EDCLUDABLE TIME: 5/8/2024 TO 5/14/2024 IN THE INTEREST OF JUSTICE as to Pedro Martinez (4). Signed by Hon. Marian W. Payson on 5/8/2024.(LMD) (Entered: 05/08/2024)
5/7/2024 MOTION to Adjourn Status Conference and exclude time by USA as to Pedro Martinez. (McGrath, Matthew). Added MOTION to Continue in the interest of justice on 5/8/2024 (LMD). (Entered: 05/07/2024)
5/6/2024165Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Michael Schiano, Esq.; Matthew McGrath, AUSA.Status Conference as to Namon Brown held on 5/6/2024. Def. working on a disposition. Def. requests 30 days adjournment. Status Conference set for 5/31/2024 09:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Defendant reserves his right to a detention hearing and a preliminary hearing. EXCLUDABLE TIME: 5/6/2024 TO 5/31/2024 IN THE INTEREST OF JUSTICE as to Namon Brown. (FTR Recording.)(LMD) (Entered: 05/06/2024)
5/3/2024Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 5/6/2024 at 3:30 PM before Hon. Marian W. Payson. (LMD) (Entered: 05/03/2024)
5/3/2024Petition and Order for Writ of Habeas Corpus ad Prosequendum as to Pedro Martinez. Signed by Hon. Marian W. Payson on 5/3/2024.(LMD) (Entered: 05/03/2024)
5/1/2024
  • Order
ORDER directing the Marshals to release Delarae Sheffield to her attorney on May 1, 2024 for her attorney to transport Delarae Sheffield to Conifer Park for treatment. Signed by Hon. Marian W. Payson on 5/1/2024.(LMD) (Entered: 05/01/2024)
5/1/2024162Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Robert Wood, Esq.; Matthew McGrath, AUSA and Sarah Whitcomb, USPO. Bail Review Hearing as to Delarae Sheffield held on 5/1/2024. Government withdraws their motion for detention. Defendant released on the same conditions as previously set but the defendant will go straight to Conifer Park The Status Conference set for 5/7/2024 is canceled. Status Conference set for 6/17/2024 01:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 5/1/2024 TO 6/17/2024 IN THE INTEREST OF JUSTICE as to Delarae Sheffield. (FTR Recording.)(LMD) (Entered: 05/01/2024)
4/30/2024NOTICE OF Hearing as to Delarae Sheffield: Bail Review Hearing set for 5/1/2024 12:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. (LMD) (Entered: 04/30/2024)
4/24/2024161Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. Carter w/Bryan Oathout, Esq. Matthew McGrath, AUSA.Status Conference as to Aaniyah Carter held on 4/24/2024. Def. not requesting a bail revocation hearing. Working on a disposition. Status Conference set for 5/23/2024 01:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Defendant Carter reserves her right to a preliminary hearing. EXCLUDABLE TIME: 4/24/2024 TO 5/23/2024 IN THE INTEREST OF JUSTICE as to Aaniyah Carter. (FTR Recording.) (LMD) Modified on 4/25/2024 (LMD). (Entered: 04/25/2024)
4/24/2024E-Filing Notification: The following minute entry was modified to change the court date on 5/6/2024 to 3:30 PM (not 3:00 PM as originally as originally docketed). 159 Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def Pedro Martinez. w/James Vacca, Esq.; Matthew McGrath, AUSA. Status Conference as to Pedro Martinez held on 4/23/2024. Working on a disposition. Defendant signs the Interstate Agreement on Detainers Act form. Defendant wishes to remain in state custody. Status Conference set for 5/6/2024 03:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Defendant Martinez waives his right to a detention hearing and a preliminary hearing. The Coonan Order is still in effect. EXCLUDABLE TIME: 4/23/2024 TO 5/6/2024 IN THE INTEREST OF JUSTICE as to Pedro Martinez. (FTR Recording.) (LMD) Modified on 4/24/2024 (LMD). (LMD) (Entered: 04/24/2024)
4/23/2024 Withdrawn per Order 190 - WAIVER of Rights Under Interstate Agreement on Detainers by Pedro Martinez- (LMD) Modified on 7/11/2024 (LMD). (Entered: 04/23/2024)
4/23/2024159Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def Pedro Martinez. w/James Vacca, Esq.; Matthew McGrath, AUSA. Status Conference as to Pedro Martinez held on 4/23/2024. Working on a disposition. Defendant signs the Interstate Agreement on Detainers Act form. Defendant wishes to remain in state custody. Status Conference set for 5/6/2024 03:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Defendant Martinez waives his right to a detention hearing and a preliminary hearing. The Coonan Order is still in effect. EXCLUDABLE TIME: 4/23/2024 TO 5/6/2024 IN THE INTEREST OF JUSTICE as to Pedro Martinez. (FTR Recording.) (LMD) Modified on 4/24/2024 (LMD). (Entered: 04/23/2024)
4/19/2024Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 4/23/2024 at 10:15 AM (LMD) (Entered: 04/19/2024)
4/19/2024Petition and Order for Writ of Habeas Corpus ad Prosequendum. Signed by Hon. Marian W. Payson on 4/19/2024.(LMD) (Entered: 04/19/2024)
4/19/2024
  • OrderGranted
ORDER as to Delarae Sheffield granting the defendant's request to reschedule the 5/8/2024 Status Conference without objection from the government. Status Conference reset for 5/7/2024 09:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson as to Delarae Sheffield. Signed by Hon. Marian W. Payson on 4/19/2024.(LMD) (Entered: 04/19/2024)
4/19/2024ORDER granting 155 Motion to Adjourn the status conference set for 5/2/2024 as to Namon Brown (1). Status Conference reset for 5/6/2024 01:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 4/19/2024 TO 5/6/2024 IN THE INTEREST OF JUSTICE as to Namon Brown (1). Signed by Hon. Marian W. Payson on 4/19/2024.(LMD) (Entered: 04/19/2024)
4/19/2024 MOTION to Adjourn the status conference set for 5/2/2024, MOTION to Continue in the interest of justice by Namon Brown. (LMD) (Entered: 04/19/2024)
4/19/2024154TEXT ORDER as to Pedro Martinez granting defendant's request to adjourn the Status Conference set for 4/22/2024. Status Conference reset for 4/23/2024 10:15 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 4/19/2024. (LMD) (Entered: 04/19/2024)
4/11/2024153Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Anthony Lana, Esq.; Matthew McGrath, AUSA and Nicholas Penchaszadeh, Spanish Interpreter.Status Conference as to Jose Encarnacion held on 4/11/2024, Nicholas Penchaszadeh, Spanish Interpreter sworn. Def. still in negotiations and request more time. Def. request 60 days adjournment Status Conference set for 5/29/2024 01:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson.) EXCLUDABLE TIME: 4/11/2024 TO 5/29/2024 IN THE INTEREST OF JUSTICE as to Jose Encarnacion. (FTR Recording.) (LMD) (Entered: 04/12/2024)
4/5/2024
  • Motion to Continue
MOTION AND ORDER TO CONTINUE - Ends of Justice as to Jose Encarnacion Time excluded from 4/5/2024 until 4/11/2024. Status Conference reset from 4/9/2024 to 4/11/2024 03:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 4/5/2024.(LMD) (Entered: 04/05/2024)
3/29/2024ORDER granting 146 Motion to Adjourn as to Pedro Martinez (4). Status Conference reset for 4/22/2024 10:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 3/29/2024 TO 4/22/2024 IN THE INTEREST OF JUSTICE as to Pedro Martinez (4). Signed by Hon. Marian W. Payson on 3/29/2024.(LMD) (Entered: 03/29/2024)
3/28/2024E-Filing Notification: The following entry was modified to change the 4/9/2025 to 4/9/2024. - 148 ORDER granting 147 Motion to Adjourn the status conference set for 4/4/2024 as to Jose Encarnacion (3). Status Conference as to Jose Encarnacion reset for 4/9/2024 03:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 3/28/2024 TO 4/9/2024 IN THE INTEREST OF JUSTICE as to Jose Encarnacion (3). Signed by Hon. Marian W. Payson on 3/28/2024. (LMD) Modified on 3/28/2024 (LMD). (LMD) (Entered: 03/28/2024)
3/28/2024ORDER granting 147 Motion to Adjourn the status conference set for 4/4/2024 as to Jose Encarnacion (3). Status Conference as to Jose Encarnacion reset for 4/9/2024 03:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 3/28/2024 TO 4/9/2024 IN THE INTEREST OF JUSTICE as to Jose Encarnacion (3). Signed by Hon. Marian W. Payson on 3/28/2024. (LMD) Modified on 3/28/2024 (LMD). (Entered: 03/28/2024)
3/28/2024 MOTION to Adjourn the status conference set for 4/4/2024, MOTION to Continue in the interest of justice by Jose Encarnacion. (LMD) (Entered: 03/28/2024)
3/28/2024 MOTION to Adjourn Status Conference and exclude time by USA as to Pedro Martinez. (McGrath, Matthew). Added MOTION to Continue in the interest of justice on 3/29/2024 (LMD). (Entered: 03/28/2024)
3/28/2024 MOTION to Adjourn Status Conference and exclude time by USA as to Jose Encarnacion. (McGrath, Matthew) (Entered: 03/28/2024)
3/27/2024151Minute Entry for proceedings held before Hon. Marian W. Payson:Appearances: Def. w/Bryan Oathout, Esq.; Matthew McGrath, AUSA and Sarah Whitcomb USPO.Initial Appearance re Violation of Pretrial Release as to Aaniyah Carter held on 3/27/2024 and arrest on bench warrant. Government moves to revoke the defendant's release. Defense counsel requests adjournment to speak to his client. Status Conference set for 4/24/2024 02:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 3/27/2024 TO 424/2024 IN THE INTEREST OF JUSTICE as to Aaniyah Carter. Def. reserves her right to a Preliminary Hearing and a hearing on the governments motion to revoke bail. (FTR Recording.) (LMD) (Entered: 03/29/2024)
3/27/2024Arrest of Aaniyah Carter (LMD) (Entered: 03/29/2024)
3/27/2024
  • Motion
MOTION to Revoke MOTION FOR PRETRIAL RELEASE REVOCATION by USA as to Aaniyah Carter. (McGrath, Matthew) (Entered: 03/27/2024)
3/26/2024149Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Robert Wood, Esq.; Matthew McGrath, AUSA and Sarah Whitcomb, USPO. Status Conference as to Delarae Sheffield held on 3/26/2024, Motion Hearing and Hearing on Pretrial Violation as to Delarae Sheffield held on 3/26/2024 re 135 MOTION to Revoke MOTION FOR PRETRIAL RELEASE REVOCATION filed by USA, Hearing on Pretrial Violation held. Proffer by defense counsel and probation. The Judge finds that if Probation can find a strict in-patient facility who will accept the defendant, she will release her but is not willing to release her to go back to home community. Probation will notify the Court if she finds and in-patient facility. Court reserves decision on the issue of release or detention until she hears from Probation. Def. working on a disposition. Def. requests 30 days for Status Conference. Status Conference set for 5/8/2024 09:45 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 3/26/2024 TO 5/8/2024 IN THE INTEREST OF JUSTICE as to Delarae Sheffield. (FTR Recording.) (LMD) (Entered: 03/29/2024)
3/20/2024143Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. Namon Brown w/Michael Schiano, Esq. Matthew McGrath, AUSA. Status Conference as to Namon Brown held on 3/20/2024. Defendant working on resolution. No change to Coonan Order. Def. Namon Brown requests adjournment. Status Conference set for 5/2/2024 09:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 3/20/2024 TO 5/2/2024 IN THE INTEREST OF JUSTICE as to Namon Brown. (FTR Recording.)(LMD) (Entered: 03/22/2024)
3/19/2024142Minute Entry for proceedings held before Hon. Marian W. Payson: Appearance: Def. w/Robert Wood, Esq.; Matthew McGrath, AUSA. Status Conference as to Delarae Sheffield held on 3/19/2024. Defendant intends to admit to the violation petition and defense will proffer her explanation. Status Conference set for 3/26/2024 02:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Motion Hearing on the Govt. Motion to Revoke 135 set for 3/26/2024 02:30 PM before Hon. Marian W. Payson. EXCLUDABLE TIME: 3/19/2024 TO 3/26/2024 IN THE INTEREST OF JUSTICE as to Delarae Sheffield. (FTR Recording.) (LMD) (Entered: 03/21/2024)
3/18/2024NOTICE OF Reset Hearings as to Delarae Sheffield: Status Conference set for 3/19/2024 AT 9:30 AM is reset to 3/19/2024 10:15 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. (LMD) (Entered: 03/18/2024)
3/11/2024NOTICE OF MERGE as to Anthony Martin. All future documents should be filed under criminal case number 24-CR-6025. (JHF) (Entered: 03/11/2024)
3/7/2024ARREST Warrant Returned Executed on 3/4/2024 in case as to Delarae Sheffield. (LMD) (Entered: 03/07/2024)
3/5/2024138Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Robert Wood, Esq.; Robert Marangola, AUSA. Initial Appearance re Violation of Pretrial Release as to Delarae Sheffield held on 3/5/2024. Government filed their motion to revoke bail. Status Conference previously set for 3/19/2024 9:30 AM. Defendant reserves hear right to a hearing on the violation of pretrial release and a detention hearing. (FTR Recording.) (LMD) (Entered: 03/06/2024)
3/5/2024ORDER granting 136 Motion to Adjourn the status conference set for 3/5/2024 as to Anthony Martin (2), Status Conference reset for 3/19/2024 09:15 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 3/5/2024 TO 3/19/2024 IN THE INTEREST OF JUSTICE as to Anthony Martin (2). Signed by Hon. Marian W. Payson on 3/5/2024.(LMD) (Entered: 03/06/2024)
3/5/2024 MOTION to Adjourn the Status Conference set for 3/5/2024, MOTION to Continue in the interest of justice by Anthony Martin. (LMD) (Entered: 03/06/2024)
3/5/2024NOTICE OF HEARING as to Anthony Martin. Plea Agreement Hearing reset for 3/11/2024 at 1:30 PM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Charles J. Siragusa. PLEASE NOTE CHANGE TIME. DATE REMAINS THE SAME. (KJA) (Entered: 03/05/2024)
3/5/2024
  • Motion
MOTION to Revoke MOTION FOR PRETRIAL RELEASE REVOCATION by USA as to Delarae Sheffield. (McGrath, Matthew) (Entered: 03/05/2024)
3/4/2024134Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Defendant Delarae Sheffield without Robert Wood, Esq.; Matthew McGrath, AUSA and Kristen Nenni, POA appearing for Sarah Whitcomb USPO. Initial Appearance re Violation of Pretrial Release as to Delarae Sheffield held on 3/4/2024. Court was unable to reach Robert Wood, Esq. for defendant Delarae Sheffield. Court informs the defendant of the violation report and defendant was provided a copy. Government moves to revoke Delarae Sheffield release. Court grants the government until Noon on 3/5/2024 to file their Motion to Revoke Bail. Continuation of the Initial Appearance on Violation Proceedings set for 3/5/2024 02:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Delarae Sheffield remanded to the custody of the US Marshals Service. (FTR Recording.) (LMD) (Entered: 03/04/2024)
3/4/2024Arrest of Delarae Sheffield. (LMD) (Entered: 03/04/2024)
3/4/2024
  • Motion to Seal
MOTION to Seal Portions of a plea-related document by USA as to Anthony Martin. (McGrath, Matthew) (Entered: 03/04/2024)
2/28/2024Writ of Habeas Corpus ad Prosequendum Returned Executed as to Pedro Martinez on 2/21/2024. (LMD) (Entered: 02/28/2024)
2/22/2024COONAN ORDER as to Pedro Martinez. Signed by Hon. Marian W. Payson on 2/22/2024.(LMD) (Entered: 02/22/2024)
2/21/2024129Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def Pedro Martinez w/James Vacca, Esq.; Nicholas Testani, AUSA appearing for Matthew McGrath, AUSA. Status Conference as to Pedro Martinez held on 2/21/2024. Defense counsel states the state case has been resolved and there is violation of probation pending before Judge Larimer. Judge mentions a Coonan order wasnt issued in the beginning of the case says she will issue one. Defendant is still in State Custody and is also held by Judge Larimer. Working on a disposition. Status Conference set for 4/2/2024 09:15 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 2/21/2024 TO 4/2/2024 IN THE INTEREST OF JUSTICE as to Pedro Martinez. (FTR Recording.) (LMD) (Entered: 02/21/2024)
2/20/2024ORDER granting 127 Motion to Adjourn the status conference set for 2/22/2024 at 9:00 AM as to Namon Brown (1). Status Conference reset for 3/20/2024 09:15 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 2/20/2024 TO 3/20/2024 IN THE INTEREST OF JUSTICE as to Namon Brown (1). Signed by Hon. Marian W. Payson on 2/20/2024.(LMD) (Entered: 02/20/2024)
2/20/2024 MOTION to Adjourn the status conference set for 2/22/2024 at 9:00 AM, MOTION to Continue in the interest of justice by Namon Brown. (LMD) (Entered: 02/20/2024)
2/20/2024 MOTION to Adjourn Status Conference by Pedro Martinez. (Vacca, James) (Entered: 02/20/2024)
2/16/2024Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 2/21/2024 1:30 PM (LMD) (Entered: 02/20/2024)
2/16/2024Petition and Order for Writ of Habeas Corpus ad Prosequendum as to Pedro Martinez. Signed by Hon. Marian W. Payson on 2/16/2024.(LMD) (Entered: 02/20/2024)
2/16/2024ORDER granting 123 Motion to Adjourn the status conference set for 2/22/2024 at 11 AM as to Jose Encarnacion (3). Status Conference reset for 4/4/2024 10:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 2/16/2024 TO 4/4/2024 IN THE INTEREST OF JUSTICE as to Jose Encarnacion (3). Signed by Hon. Marian W. Payson on 2/16/2024.(LMD) (Entered: 02/16/2024)
2/16/2024 MOTION to Adjourn the status conference set for 2/22/2024 at 11:00 AM, MOTION to Continue in the interest of justice as to Jose Encarnacion. (LMD) (Entered: 02/16/2024)
2/15/2024 MOTION to Adjourn Status Conference and Exclude Time by USA as to Jose Encarnacion. (McGrath, Matthew) (Entered: 02/15/2024)
2/14/2024121Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Bryan Oathout, Esq./def.; Matthew McGrath, AUSA and Troy Zeller, USPO. Status Conference as to Aaniyah Carter held on 2/14/2024. Defendant was to surrender at 3:30 PM today. Defendant did not surrender. Court will not be providing another date for her to surrender in the future. (FTR Recording.) (LMD) (Entered: 02/14/2024)
2/13/2024NOTICE OF HEARING as to Anthony Martin. Plea Agreement Hearing set for 3/11/2024 at 10:30 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Charles J. Siragusa. (KJA) (Entered: 02/13/2024)
2/12/2024NOTICE as to Aaniyah Carter: Initial Appearance on Pretrial Release Violation set for 2/14/2024 at 4:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. (KAH) (Entered: 02/12/2024)
2/6/2024120Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference as to Delarae Sheffield held on 2/6/2024. Probation reported that the defendants first test after released from inpatient was positive for fentanyl. Court asks Probation to find out if she made her appointments. Recess. When Court resumed, Probation reported that the National Lab said the test was negative. The defendant did not attend the mental health appointment. Government suggests a 30 to 45 day adjournment. Defendant agrees. Status Conference set for 3/19/2024 09:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 2/6/2024 TO 3/19/2024. EXCLUDABLE TIME: 2/6/2024 TO 3/19/2024 IN THE INTEREST OF JUSTICE as to Delarae Sheffield. (FTR Recording.) (LMD) (Entered: 02/07/2024)
2/6/2024ORDER granting 118 Motion to Adjourn the status conference set for 2/7/2024 9:00 AM as to Anthony Martin (2). Status Conference reset for 3/5/2024 10:15 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 2/6/2024 TO 3/5/2024 IN THE INTEREST OF JUSTICE as to Anthony Martin (2). Signed by Hon. Marian W. Payson on 2/6/2024.(LMD) (Entered: 02/06/2024)
2/6/2024 MOTION to Adjourn the status conference set for 2//7/2024 9:00 AM, MOTION to Continue in the interest of justice by Anthony Martin. (LMD) (Entered: 02/06/2024)
1/30/2024ORDER granting 115 Motion to Adjourn the status conference set for 1/31/2024 10:15 AM as to Pedro Martinez (4). Status Conference reset for 2/21/2024 01:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 1/30/2024 TO 2/21/2024 IN THE INTEREST OF JUSTICE as to Pedro Martinez (4). Signed by Hon. Marian W. Payson on 1/30/2024.(LMD) (Entered: 01/31/2024)
1/30/2024Second MOTION to Adjourn Status Conference by Pedro Martinez. (Vacca, James). Added MOTION to Continue in the interest of justice on 1/31/2024 (LMD). (Entered: 01/30/2024)
1/29/2024Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 1/31/2024. (KAH) (Entered: 01/31/2024)
1/29/2024Petition and Order for Writ of Habeas Corpus ad Prosequendum as to Pedro Martinez. Signed by Hon. Marian W. Payson on 1/29/2024. (KAH) (Entered: 01/31/2024)
1/22/2024ORDER granting 113 Motion to Adjourn the status conference set for 1/24/2024 as to Jose Encarnacion (3) Status Conference set for 2/22/2024 11:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 1/22/2024 TO 2/22/2024 IN THE INTEREST OFJUSTICE as to Jose Encarnacion (3). Signed by Hon. Marian W. Payson on 1/22/2024.(LMD) (Entered: 01/22/2024)
1/22/2024 MOTION to Adjourn the status conference set for 1/24/2024, MOTION to Continue in the interest of justice by Jose Encarnacion. (LMD) (Entered: 01/22/2024)
1/22/2024 MOTION to Adjourn Status Conference by USA as to Jose Encarnacion. (McGrath, Matthew) (Entered: 01/22/2024)
1/19/2024Attorney update in case as to Jose Encarnacion. Attorney Jessica Lauren Naclerio terminated as Anthony Lana has been retained. (LMD) (Entered: 01/19/2024)
1/16/2024111Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Michael Schiano, Esq.; and Matthew McGrath, AUSA. Status Conference as to Namon Brown held on 1/16/2024, The companion case was adjourned to 2/15/2024. Def. requests a similar adjournment. Status Conference set for 2/22/2024 09:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 1/16/2024 TO 2/22/2024 IN THE INTEREST OF JUSTICE as to Namon Brown. (FTR Recording.)(LMD) (Entered: 01/18/2024)
1/10/2024Set Hearings as to Pedro Martinez: Status Conference set for 1/31/2024 10:15 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. (LMD) (Entered: 01/10/2024)
1/10/2024ORDER granting 108 Motion to Adjourn the status conference set for 1/8/2024 as to Pedro Martinez (4); Status Conference reset for 1/31/2024 10:15 A.M. CR 5, 100 State Street, Rochester, NY 14614 before Hon. Marian W. Payson. EXCLUDABLE TIME: 1/10/2024 TO 1/31/2024 IN THE INTEREST OF JUSTICE as to Pedro Martinez (4). Signed by Hon. Marian W. Payson on 1/10/2024.(LMD) (Entered: 01/10/2024)
1/10/2024Second MOTION to Adjourn Status Appearance by Pedro Martinez. (Vacca, James). Added MOTION to Continue in the interest of justice on 1/10/2024 (LMD). (Entered: 01/10/2024)
1/9/2024109Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Bryan Oathout, Esq.; Matthew McGrath, AUSA Status Conference as to Aaniyah Carter held on 1/9/2024. No appearance by the defendant. (FTR Recording.) (LMD) (Entered: 01/10/2024)
1/8/2024ORDER granting 106 Motion to Adjourn the status conference set for 1/9/2024 10:00 A.M. as to Anthony Martin (2). Status Conference reset for 2/7/2024 09:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson.) EXCLUDABLE TIME: 1/8/2024 TO 2/7/2024 IN THE INTEREST OF JUSTICE as to Anthony Martin (2). Signed by Hon. Marian W. Payson on 1/8/2024. (LMD) (Entered: 01/08/2024)
1/8/2024 MOTION to Adjourn the status conference set for 1/9/2024 10:00 A.M., MOTION to Continue by Anthony Martin. (LMD) (Entered: 01/08/2024)
1/8/2024Terminate Hearings as to Pedro Martinez: Status Conference set for 1/8/2024 at 11:15 AM before Judge Payson is canceled. (LMD) (Entered: 01/08/2024)
1/5/2024E-Filing Notification: 140 DISREGARD DOCKETED AS TO WRONG DEFENDANT - Petition and Order for Writ of Habeas Corpus ad Prosequendum. Signed by Hon. Marian W. Payson on January 5, 2024.(LMD) Modified on 3/13/2024 (LMD). (Entered: 03/13/2024)
1/5/2024Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 1/8/2024 (LMD) (Entered: 03/13/2024)
1/5/2024Petition and Order for Writ of Habeas Corpus ad Prosequendum as to Pedro Martinez. Signed by Hon. Marian W. Payson on 1/5/2024.(LMD) (Entered: 03/13/2024)
1/5/2024DISREGARD DOCKETED AS TO WRONG DEFENDANT - Petition and Order for Writ of Habeas Corpus ad Prosequendum. Signed by Hon. Marian W. Payson on January 5, 2024.(LMD) Modified on 3/13/2024 (LMD). (Entered: 03/13/2024)
1/4/2024105Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def by telephone and Robert Wood, Esq. Matthew McGrath, AUSA and Sarah Whitcomb, USPOStatus Conference as to Delarae Sheffield held on 1/4/2024. Def. has covid-19 so attended by telephone. Def. requests 30 days adjournment to give counsel an opportunity to see the defendant. Def. requests 30 days adjournment granted. Status Conference reset for 2/6/2024 at 9:15 AM. Defense not requesting a preliminary hearing at this time. Def. is progressing through her treatment goals. Status Conference set for 2/6/2024 09:15 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 1/4/2024 TO 2/6/2024 IN THE INTEREST OF JUSTICE as to Delarae Sheffield. (FTR Recording.) (LMD) (Entered: 01/04/2024)
12/12/2023NOTICE OF MERGE as to Adam Bowen. All future documents should be filed under criminal case number 23-CR-6208. (JHF) (Entered: 12/12/2023)
12/8/2023
  • Motion to Seal
MOTION to Seal Plea Related Document, MOTION to Seal Document by USA as to Adam Bowen. (McGrath, Matthew) (Entered: 12/08/2023)
12/8/2023NOTICE OF HEARING as to Adam Bowen. Plea Agreement Hearing set for 12/12/2023 at 9:15 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Charles J. Siragusa. (KJA) (Entered: 12/08/2023)
12/7/2023104Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Michael Schiano, Esq.; Matthew McGrath, AUSA. Status Conference as to Namon Brown held on 12/7/2023. Working on a disposition. Def. requests adjourment. Status Conference set for 1/16/2024 09:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 12/7/2023 TP 1/16/2024 IN THE INTEREST OF JSUTICE as to Namon Brown. (FTR Recording.) (LMD) (Entered: 12/08/2023)
12/6/2023ORDER granting 100 Motion to Adjourn the status conference set for 12/7/2023 at 10 am as to Pedro Martinez (4). Status Conference reset for 1/8/2024 11:15 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 12/6/2023 TO 1/8/2024 IN THE INTEREST OF JUSTICE AS TO Pedro Martinez (4). Signed by Hon. Marian W. Payson on 12/6/2023.(LMD) (Entered: 12/06/2023)
12/6/2023First MOTION to Adjourn Status Conference by Pedro Martinez. (Vacca, James). Added MOTION to Continue in the interest of justice on 12/6/2023 (LMD). (Entered: 12/06/2023)
12/5/2023Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 12/7/2023 10:00 AM (LMD) (Entered: 12/07/2023)
12/5/2023Petition and Order for Writ of Habeas Corpus ad Prosequendum. Signed by Hon. Marian W. Payson on 12/5/2023. (LMD) (Entered: 12/07/2023)
12/1/2023
  • Order
ORDER OF DETENTION as to Jose Encarnacion. Signed by Hon. Marian W. Payson on 12/1/2023.(LMD) (Entered: 12/01/2023)
11/30/202397Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Anthony Lana, Esq.; Matthew McGrath, AUSA, Nicolas Penschaszadeh, Spanish Interpreter and Kristen Nenni, POA. Completion of Detention Hearing as to Jose Encarnacion held on 11/30/2023. Nicolas Penchaszadeh, Spanish Interpreter sworn. Court grants the govt motion for detention. Detention order to be issued. Status Conference set for 1/24/2024 11:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 11/30/2023 TO 1/24/2024 IN THE INTEREST OF JUSTICE as to Jose Encarnacion. Defendant is reserving his right to a preliminary hearing. (FTR Recording.) (LMD) Modified on 12/4/2023 (LMD). (Entered: 12/01/2023)
11/21/2023ORDER granting 95 Motion to Adjourn the status conference set for 11/27/2023 10:00 A.M. as to Anthony Martin (2). Status Conference reset for 1/9/2024 10:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 11/21/2023 TO 1/9/2024 IN THE INTEREST OF JUSTICE as to Anthony Martin (2). Signed by Hon. Marian W. Payson on 11/21/2023.(LMD) (Entered: 11/21/2023)
11/21/2023 MOTION to Adjourn the status conference set for 11/27/2023 10:00 A.M., MOTION to Continue in the interest of justice by Anthony Martin. (LMD) (Entered: 11/21/2023)
11/17/2023
  • Order
ORDER releasing the defendant, Aaniyah Carter, on Monday, November 20, 2023 at 9 am to Liberty Manor who will then take her to Liberty Manor to begin in-patient treatment. Signed by Hon. Marian W. Payson on 11/17/2023.(LMD) (Entered: 11/17/2023)
11/16/2023CJA 23 Financial Affidavit by Pedro Martinez. (LMD) (Entered: 11/16/2023)
11/16/202392Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/James Vacca, Esq.; Matthew McGrath, AUSA. Status Conference as to Pedro Martinez held on 11/16/2023. Financial affidavit completed and the court continues the appointment of James Vacca. The state charges are similar to the federal charges. The DAs Office is adamant about prosecuting those state charges. Defendant trying to get the government to let the state court prosecute both the federal and state cases by plea. Status Conference/set Preliminary Hearing set for 12/7/2023 10:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 11/16/2023 TO 12/7/2023 IN THE INTEREST OF JUSTICE as to Pedro Martinez. (FTR Recording.)(LMD) (Entered: 11/16/2023)
11/15/2023CJA 23 Financial Affidavit by Delarae Sheffield. (LMD) (Entered: 11/15/2023)
11/15/202390Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. (by telephone); Robert Wood, Esq. for def. Matthew McGrath, AUSA and Sarah Whitcomb, USPO. Status Conference as to Delarae Sheffield held on 11/15/2023. The Judge asks about a financial affidavit. Mr. Wood provided an unsigned one to the Court. The Judge goes through the affidavit with the defendant over the phone. Defendant swears to the accuracy of the financial affidavit. Court finds that the defendant qualifies for counsel and continues the appointment of Robert Wood. Defense counsel has received discovery and is reviewing it. Def. requests 45 days adjournment granted. The court dismissed the violation petition. Status Conference set for 1/4/2024 10:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 11/15/2023 TO 1/4/2024 IN THE INTEREST OF JUSTICE as to Delarae Sheffield. (FTR Recording.) (LMD) (Entered: 11/15/2023)
11/15/2023E-Filing Notification: The following minute entry was modified to add a document number. 89 Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Avik Ganguly, Esq./def. and Matthew McGrath, AUSA. Status Conference as to Adam Bowen held on 11/14/2023. Defense counsel requests that his client's presence be waived - granted. Def. request 30 days adjournment -granted. Status Conference set for 12/13/2023 09:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: as to Adam Bowen FROM 11/14/2023 TO 12/13/2023 IN THE INTEREST OF JUSTICE. No recording for this proceeding (LMD) (Entered: 11/15/2023)
11/14/202389Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Avik Ganguly, Esq./def. and Matthew McGrath, AUSA. Status Conference as to Adam Bowen held on 11/14/2023. Defense counsel requests that his client's presence be waived - granted. Def. request 30 days adjournment -granted. Status Conference set for 12/13/2023 09:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: as to Adam Bowen FROM 11/14/2023 TO 12/13/2023 IN THE INTEREST OF JUSTICE. No recording for this proceeding (LMD) (Entered: 11/15/2023)
11/13/202388Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Bryan Oathout, Esq. and Matthew McGrath, AUSA and Sarah Whitcomb, USPO. Matter on for Bail Revocation Hearing. Bail Revocation Hearing not held. Bail Review Hearing as to Aaniyah Carter held on 11/13/2023. Defendant released to a treatment program. Government withdraws their Motion to Revoke. Status Conference set for 1/9/2024 10:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: as to Aaniyah Carter FROM 11/13/2023 TO 1/9/2024 IN THE INTEREST OF JUSTICE. (FTR Recording.)(LMD) (Entered: 11/13/2023)
11/13/2023Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 11/16/2023 at 10:30 AM. (LMD) (Entered: 11/13/2023)
11/13/2023Petition and Order for Writ of Habeas Corpus ad Prosequendum as to Pedro Martinez. Signed by Hon. Marian W. Payson on 11/13/2023.(LMD) (Entered: 11/13/2023)
11/13/2023
  • Order
ORDER releasing Aaniyah Carter to Liberty Manor. IT IS SO ORDERED. Signed by Hon. Marian W. Payson on 11/13/2023.(LMD) (Main Document 86 replaced on 11/13/2023) (LMD). (Entered: 11/13/2023)
11/8/202385Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Anthony Lana, Esq.; Matthew McGrath, AUSA, Carlos Aguirre, Spanish Interpreter. Carlos Aguirre, Spanish Interpreter sworn. Detention Hearing as to Jose Encarnacion held on 11/8/2023 but the court requests additional information about if there is a violation in Pennsylvania. Detention hearing not completed. Case Status Conference set for 11/30/2023 01:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 11/8/2023 TO 11/30/2023 IN THE INTEREST OF JUSTICE as to Jose Encarnacion. (FTR Recording.) (LMD) (Entered: 11/08/2023)
11/7/202384Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Bryan Oathout, Esq.; Matthew McGrath, AUSA and Sarah Whitcomb, USPO. Matter on for Bond Revocation Hearing. Status Conference as to Aaniyah Carter held on 11/7/2023. Def. requests adjournment as pursing other options. Bond Revocation Hearing reset for 11/13/2023 11:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 11/7/2023 TO 11/13/2034 IN THE INTEREST OF JUSTICE as to Aaniyah Carter. (FTR Recording.) (LMD) (Entered: 11/08/2023)
11/6/2023
  • Motion
MOTION to Revoke Pretrial Release by USA as to Aaniyah Carter. (McGrath, Matthew) (Entered: 11/06/2023)
11/3/202382Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Bryan Oathout, Esq.; Matthew McGrath, AUSA and Sarah Whitcomb, USPO. Initial Appearance on violation of Pretrial Release as to Aaniyah Carter held on 11/3/2023. Defendant advised of charges in violation. Government orally moves to revoke the defendant's bail. Government to file a written motion to revoke on Monday, 11/6/2023. Bail Revocation Hearing set for 11/7/2023 02:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Defendant detained pending the revocation hearing. (FTR Recording.)(LMD) Modified on 11/6/2023 (LMD). (Entered: 11/03/2023)
11/3/2023Arrest of Aaniyah Carter (LMD) (Entered: 11/03/2023)
11/1/202381Minute Entry for proceedings held before Hon. Marian W. Payson:Appearances: Def. w/Anthony J. Lana, Esq. Matthew McGrath, Nicholas Pensachaszedeh, Spanish Interpreter and Kristen Nenni, POA and Sarah Whitcomb, USPO. Spanish Interpreter Sworn. Matter on for Detention Hearing. Detention Hearing not held. Status Conference as to Jose Encarnacion held on 11/1/2023. Defense request adjournment of the Detention Hearing. Detention Hearing reset for 11/8/2023 09:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson.Time is automatically excluded due the government's motion for detention pending. Defendant remains in custody. (FTR Recording.)(LMD) (Entered: 11/02/2023)
10/31/2023
  • Order
ORDER as to Anthony Martin modifying the conditions of release by imposing conditions and removing conditions. SO ORDERED. Signed by Hon. Marian W. Payson on 10/31/2023.(LMD) (Entered: 10/31/2023)
10/26/202379Minute Entry for proceedings held before Hon. Marian W. Payson:Status Conference as to Jose Encarnacion held on 10/26/2023. Appearances: Anthony J. Lana, Esq.; Matthew Thomas McGrath, AUSA; Kristen Nenni, USPO; Carlos Aguirre, Spanish Interpreter sworn. Detention Hearing not held. Defendant requests a 1-week adjournment to review discovery and determine whether to pursue a Detention Hearing further. Detention Hearing reset for 11/1/2023 at 3:30 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. TIME EXCLUDED FROM 10/26/2023 TO 11/1/2023 FOR REASONS STATED ON THE RECORD. Defendant remains in custody. (Court Reporter FTR Gold.)(JB) (Entered: 10/26/2023)
10/26/202377Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference as to Namon Brown held on 10/26/2023. Defendant advised that it had received additional discovery this morning from the Government and requested an additional 45-days to review it. Government had no objection. Defendant requested that the Coonan Order remain in place. Court granted request. Status Conference set for 12/7/23 @ 9:30 a.m. Defendant reserved his right to a PH. TIME FROM 10/26/23 THROUGH 12/7/23 EXCLUDED IN THE INTEREST OF JUSTICE. Appearances: Matthew T. McGrath, AUSA; Michael P. Schiano, Esq. with defendant. (Digital Recording) (KAH) (Entered: 10/26/2023)
10/25/202376Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference as to Anthony Martin held on 10/25/2023. Court advised that it had received an unopposed request to relax defendant's conditions of release and that it had agreed to make that modification. Defendant requested a 45-day extension to finish reviewing the discovery and to review an unapproved plea offer. Government had no objection. Court granted the request. Status Conference set for 11/27/23 @ 10:00 a.m. Court reminded defendant to continue to comply with his release conditions. TIME FROM 10/25/23 THROUGH 11/27/24 EXCLUDED IN THE INTEREST OF JUSTICE. (Digital Recording) (KAH) (Entered: 10/26/2023)
10/23/2023Writ of Habeas Corpus ad Prosequendum Returned Executed as to Pedro Martinez on 10/12/2023. (KAH) (Entered: 10/23/2023)
10/20/2023NOTICE as to Jose Encarnacion: The Detention Hearing set for 10/26/2023 at 1:00 PM has been changed to 2:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. THIS IS A TIME CHANGE ONLY. (KAH) (Entered: 10/20/2023)
10/20/202374Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held as to Jose Encarnacion held on 10/20/2023. Interpreter sworn. The Court notes that a Notice of Appearance was filed by Anthony J. Lana on behalf of defendant at 10:20 a.m. this morning. Mr. Lana did not appear; nor did he request an adjournment. The Court spent quite a bit of time trying to reach Mr. Lana to no avail. The Court notes that it received a Pretrial Services Report from Officer Nenni. The government indicated that he will speak with Mr. Lana before the next appearance. The government further indicated that it has no objection to an adjournment. Defendant affirmed that he did retain Mr. Lana and requests an adjournment of the detention hearing. The Court grants the request. The Court relieves Ms. Naclerio as counsel for defendant. Detention Hearing set for 10/26/23 at 1:00 p.m. NO ADJOURNMENTS OF THE SCHEDULED DETENTION HEARING SHALL BE GRANTED UNLESS THEY ARE SUBMITTED TO THE COURT NO LATER THAN 24 HOURS BEFORE THE SCHEDULED HEARING. The Court confirms Mr. Aguirre's availability to provide interpreter services for the hearing on 10/26/23. Defendant reserves his right to a PH. TIME FROM 10/20/23 THROUGH 10/26/23 EXCLUDED IN THE INTEREST OF JUSTICE AND DUE TO THE CONTINUED PENDENCY OF THE DETENTION MOTION. Appearances: Matthew T. McGrath, AUSA; Defendant with Jessica Naclerio, Esq.; Kristen Nenni, POA, Carlos Aguirre, Spanish Interpreter. (Digital Recording) (KAH) (Entered: 10/20/2023)
10/20/2023NOTICE OF ATTORNEY APPEARANCE: Anthony J. Lana appearing for Jose Encarnacion (Lana, Anthony) (Entered: 10/20/2023)
10/19/2023
  • OrderGranted
LETTER ORDER as to Anthony Martin (2) re 69 Motion to Modify Conditions of Release: Having been advised by the Pretrial Services Agency and AUSA McGrath that neither objects to modification of Mr. Martin's conditions of release to remove home detention and substitute in its place a monitored curfew, the application is granted. Signed by Hon. Marian W. Payson on 10/19/2023. (KAH) (Entered: 10/19/2023)
10/19/2023Letter filed by USA as to Anthony Martin re Modification of Release Conditions (McGrath, Matthew) (Entered: 10/19/2023)
10/16/2023
  • Order
LETTER ORDER as to Anthony Martin re 69 First MOTION to Modify Conditions of Release filed by Anthony Martin. (Mr. McGrath shall respond to this request and provide the government's position by no later than 10/18/2023.) Signed by Hon. Marian W. Payson on 10/16/2023. (KAH) (Entered: 10/16/2023)
10/13/2023
  • Motion
First MOTION to Modify Conditions of Release by Anthony Martin. (Pieper, Lindsey) (Entered: 10/13/2023)
10/12/202368MMinute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def w/ James Vacca, Esq. and Matthew McGrath, AUSA. Status Conference as to Pedro Martinez held on 10/12/2023. Working on disposition. Coonan order remains in place. Status Conference set for 11/16/2023 10:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 10/12/2023 TO 11/16/2023 IN THE INTEREST OF JUSTICE as to Pedro Martinez. (FTR Recording.)(LMD) (Entered: 10/12/2023)
10/12/202367Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Avik Ganguly, Esq.; Matthew McGrath, AUSA. Status Conference as to Adam Bowen held on 10/12/2023. Working on a disposition. Parties request adjournment - granted. Status Conference set for 11/14/2023 10:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 10/12/2023 TO 11/14/2023 IN THE INTEREST OF JUSTICE as to Adam Bowen. (FTR Recording.) (LMD) (Entered: 10/12/2023)
10/12/2023
  • Order
ORDER re: Brady v. Maryland as to Jose Encarnacion. Signed by Hon. Marian W. Payson on 10/12/2023.(LMD) (Entered: 10/12/2023)
10/11/2023Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 10/12/2023 (LMD) (Entered: 10/11/2023)
10/11/2023Petition and Order for Writ of Habeas Corpus ad Prosequendum as to Pedro Martinez. Signed by Hon. Marian W. Payson on 10/11/2023.(LMD) (Entered: 10/11/2023)
10/10/2023Writ of Habeas Corpus ad Prosequendum Issued as to Jose Encarnacion for 10/10/2023 (LMD) (Entered: 10/11/2023)
10/10/2023
  • Order
ORDER of no action in view of the recommendation of Pretrial Services and the willingness of her supervising officer to continue to work with her on her necessary mental health and substance abuse treatment as to Aaniyah Carter. Signed by Hon. Marian W. Payson on 10/6/2023.(LMD) (Entered: 10/11/2023)
10/10/2023SPANISH INTERPRETER REQUIRED as to Jose Encarnacion (LMD) (Entered: 10/11/2023)
10/10/202364Minute Entry for proceedings held before Hon. Marian W. Payson: Appearance: Def. w/Jessica Naclerio, Esq.; Matthew McGrath, AUSA and Kristen Nenni, POA and Carlos Aguirre, Spanish Interpreter. Initial Appearance as to Jose Encarnacion held on 10/10/2023. DATE OF ARREST: 10/10/2023.SPANISH INTERPRETER REQUIRED. Carlos Aguirre sworn as interpreter. Initial Appearance held. Case unsealed. Court appoints Jessica Naclerio provisionally pending the filing of financial affidavit. Def. advised of rights. Pursuant to Fed. R. Crim. P 5(f), the Court ordered the government to produce all exculpatory evidence pursuant to Brady v. Maryland and its progeny, and advised that failure to do so could result in consequences, including sanctions and contempt proceedings. Govt. moves for detention based on danger to the community and risk of flight. Detention Hearing set for 10/20/2023 11:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Time is excluded because of the government's motion for detention pending from 10/10/23 to 10/20/2023. (FTR Recording.) (LMD) (Entered: 10/11/2023)
10/10/2023Arrest of Jose Encarnacion. (LMD) (Entered: 10/11/2023)
10/10/2023Case unsealed as to Jose Encarnacion. (LMD) (Entered: 10/11/2023)
10/10/2023Attorney update in case as to Jose Encarnacion. Attorney Jessica Lauren Naclerio for Jose Encarnacion added. (LMD) (Entered: 10/11/2023)
10/10/2023Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 10/10/2023 (LMD) (Entered: 10/11/2023)
10/10/2023Petition and Order for Writ of Habeas Corpus ad Prosequendum as to Jose Encarnacion. Signed by Hon. Marian W. Payson on 10/10/2023.(LMD) (Entered: 10/11/2023)
9/29/2023Set/Reset Hearings as to Aaniyah Carter: Status Conference set for 11/9/2023 10:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. (LMD) (Entered: 09/29/2023)
9/29/2023ORDER granting 60 Motion to Adjourn the Status Conference set for 10/4/2023 as to Aaniyah Carter (7); The Status Conference is reset to 11/9/2023 10:30 AM before Hon. Marian W. Payson, Courtroom 5, 100 State Street, Rochester, NY 14614 and EXCLUDING TIME as to Aaniyah Carter (7) FROM 9/29/2023 TO 11/9/2023 IN THE INTEREST OF JUSTICE. Signed by Hon. Marian W. Payson on 9/29/2023.(LMD) (Entered: 09/29/2023)
9/29/2023 MOTION to Adjourn the Status Conference set for 10/4/2023, MOTION to Continue in the interest of justice by Aaniyah Carter. (LMD) (Entered: 09/29/2023)
9/29/2023ORDER granting 58 Motion to Adjourn the Status Conference set for 10/5/2023 as to Namon Brown (1). Status Conference reset for 10/26/2023 11:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: as to Namon Brown (1) FROM 9/29/2023 to 10/26/2023 IN THE INTEREST OF JUSTICE. Signed by Hon. Marian W. Payson on 9/29/2023.(LMD) (Entered: 09/29/2023)
9/29/2023 MOTION to Adjourn the status conference set for 10/5/2023, MOTION to Continue in the interest of justice by Namon Brown. (LMD) (Entered: 09/29/2023)
9/25/202357Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Matthew McGrath, AUSA, Robert Wood for the defendant and Sarah Whitcomb, USPO. Status Conference as to Delarae Sheffield held on 9/25/2023. Defendant not present as she is in inpatient treatment. Parties request 60 days adjournment granted. Status Conference/Status on Violation of Pretrial Release/Set PH Date set for 11/15/2023 10:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Time Excluded as to Delarae Sheffield from: 9/25/2023 to 11/15/2023 IN THE INTEREST OF JUSTICE PURSUANT TO 18 USC § 3161 (h)(7). (FTR Recording.) (LMD) (Entered: 09/26/2023)
9/25/2023ORDER granting 55 Motion to Adjourn the Status Conference set for 9/27/2023 as to Anthony Martin (2). Status Conference reset for 10/25/2023 11:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME: 9/25/2023 TO 10/25/202 IN THE INTEREST OF JUSTICE as to Anthony Martin (2). Signed by Hon. Marian W. Payson on 9/25/2023.(LMD) (Entered: 09/25/2023)
9/25/2023 MOTION to Adjourn the status conference set for 9/27/2023, MOTION to Continue by Anthony Martin. (LMD) (Entered: 09/25/2023)
9/20/2023Writ of Habeas Corpus ad Prosequendum Returned Executed as to Pedro Martinez on 9/7/2023. (LMD) (Entered: 09/20/2023)
9/20/2023Writ of Habeas Corpus ad Prosequendum Returned Executed as to Adam Bowen on 9/7/2023. (LMD) (Entered: 09/20/2023)
9/14/202352Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/Robert Wood, Esq.; Matthew McGrath, AUSA, Troy Zeller, USPO, Matter on for Initial Appearance on Violation of Supervised Release and Case Status Conference. Initial Appearance on Violation of Pretrial Release and Case Status Conference as to Delarae Sheffield held on 9/14/2023. Def. advised of charges in the violation. Probation still waiting for the lab results. Defendant remains released. Court will see how the defendant is doing on release until the next court date. Discovery is voluminous. Parties request adjournment. Status Conference on Violation of Pretrial Release and Case Status Conference set for 9/25/2023 02:00 PM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. EXCLUDABLE TIME as to Delarae Sheffield FROM: 9/14/2023 to 9/25/2023 IN THE INTEREST OF JUSTICE. (FTR Recording.) (LMD) (Entered: 09/18/2023)
9/13/2023Letter filed by Delarae Sheffield (Attachments: # 1 Exhibit, # 2 Certificate of Service)(Wood, Robert) (Entered: 09/13/2023)
9/13/2023Summons Issued in case as to Delarae Sheffield Docket Call set for 9/14/2023 10:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. (LMD) Modified on 9/13/2023 (LMD). (Entered: 09/13/2023)
9/12/2023
  • Order
ORDER for issuance of a summons as to Delarae Sheffield. Signed by Hon. Marian W. Payson on 9/12/2023.(LMD) (Entered: 09/12/2023)
9/7/202349Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/ Avik Ganguly, Esq.; Matthew McGrath, AUSA. Status Conference as to Adam Bowen held on 9/7/2023. No change to Coonan Order. Voluminous discovery and the government plans to finish that next week. Status Conference set for 10/12/2023 10:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Time Excluded as to Adam Bowen from: 9/7/2023 TO 10/12/2023 IN THE INTEREST OF JUSTICE. (FTR Recording.) (LMD) (Entered: 09/11/2023)
9/7/202348Minute Entry for proceedings held before Hon. Marian W. Payson: Appearances: Def. w/James P. Vacca, Esq; Matthew McGrath, AUSA. Status Conference as to Pedro Martinez held on 9/7/2023. No change to Coonan order. Government to finish providing Discovery next week. Request adjournment and reserving right to a Preliminary Hearing. Status Conference set for 10/12/2023 11:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. Time Excluded as to Pedro Martinez from: 9/7/2023 to 10/12/2023 IN THE INTEREST OF JUSTICE. (FTR Recording.)(LMD) Modified on 9/11/2023 (LMD). (Entered: 09/11/2023)
9/1/2023Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 9/7/2023 10:30 AM (LMD) (Entered: 09/01/2023)
9/1/2023Petition and Order for Writ of Habeas Corpus ad Prosequendum. Signed by Hon. Marian W. Payson on 9/1/2023.(LMD) Modified on 9/1/2023 (LMD). (Entered: 09/01/2023)
9/1/2023Writ of Habeas Corpus ad Prosequendum Issued as to Adam Bowen for 9/7/2023 10:30 AM (LMD) (Entered: 09/01/2023)
9/1/2023Petition and Order for Writ of Habeas Corpus ad Prosequendum. Signed by Hon. Marian W. Payson on 9/1/2023.(LMD) (Entered: 09/01/2023)
8/25/2023CJA 23 Financial Affidavit by Aaniyah Carter. (JB) (Entered: 08/25/2023)
8/23/2023
  • Order
ORDER Setting Conditions of Release as to Aaniyah Carter (7) Personal Recognizance. Signed by Hon. Mark W. Pedersen on 8/23/2023.(JB) (Entered: 08/24/2023)
8/23/202343Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Aaniyah Carter held on 8/23/2023. Appearances: Bryan Scott Oathout, Esq.; Matthew Thomas McGrath, AUSA; Kristen Nenni, USPO; Troy Zeller, USPO. Government withdraws motion for detention, consents to release on conditions. Conditions of release read into the record. Parties request a 45-day adjournment to review discovery and partake in resolution discussions. Status Conference/Set PH Date set for 10/4/2023 at 10:00 AM before Hon. Mark W. Pedersen. TIME EXCLUDED FROM 8/23/2023 TO 10/4/2023 FOR REASONS STATED ON THE RECORD. Defendant released from custody. (Court Reporter FTR Gold.)(JB) (Entered: 08/24/2023)
8/21/2023
  • Order
ORDER as to Aaniyah Carter re: Brady vs Maryland. Signed by Hon. Mark W. Pedersen on 8/21/2023.(JB) (Entered: 08/21/2023)
8/21/202341Minute Entry for proceedings held before Hon. Mark W. Pedersen:Initial Appearance as to Aaniyah Carter held on 8/21/2023. Appearances: Bryan Scott Oathout, Esq.; Matthew Thomas McGrath, AUSA; Kristen Nenni, USPO; Sarah Whitcomb, USPO. Defendant advised of charges and rights. Defendant requests Court appointed counsel, Bryan Scott Oathout appointed permanently after review of a Financial Affidavit. Government moves for detention based on risk of flight and danger to the community. Defendant reserves her right to a Preliminary Hearing, requests a Detention Hearing. Order regarding continuing Brady obligation read into the record and acknowledged by the Government, written order to follow. Detention Hearing set for 8/23/2023 at 3:00 PM before Hon. Mark W. Pedersen. TIME EXCLUDED FROM 8/21/2023 TO 8/23/2023 FOR REASONS STATED ON THE RECORD. Defendant remanded into custody. (Court Reporter FTR Gold.)(JB) (Entered: 08/21/2023)
8/21/2023Case unsealed as to Aaniyah Carter (JB) (Entered: 08/21/2023)
8/21/2023Attorney update in case as to Aaniyah Carter., Set/Reset Hearings as to Aaniyah Carter:( Initial Appearance set for 8/21/2023 12:45 PM in Courtroom 4, 1st Floor, 100 State Street, Rochester NY before Hon. Mark W. Pedersen.) (JB) (Entered: 08/21/2023)
8/21/2023Arrest of Aaniyah Carter (JB) (Entered: 08/21/2023)
8/21/2023
  • Complaint
REDACTED COMPLAINT as to Namon Brown, Anthony Martin, Pedro Martinez, Adam Bowen, Delarae Sheffield, Aaniyah Carter. (JB) (Entered: 08/21/2023)
8/10/202338Minute Entry for proceedings held before Hon. Marian W. Payson:Status Conference as to Namon Brown held on 8/10/2023. Defendant requests an adjournment to review discovery. The basis for the Coonan Order remains in effect. Status Conference/Set PH Date: 10/5/23 at 10:00 a.m. TIME FROM 8/10/23 THROUGH 10/5/23 EXCLUDED IN THE INTEREST OF JUSTICE.Appearances; Matthew McGrath, AUSA, Defendant with Michael Schiano, Esq.(Digital Recording) (CAM) (Entered: 08/10/2023)
7/28/2023NOTICE as to Delarae Sheffield: Status Conference set for 7/31/2023 09:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Marian W. Payson. (CAM) (Entered: 07/28/2023)
7/26/2023
  • Order
ORDER Setting Conditions of Release as to Delarae Sheffield (6) personal recognizance. Signed by Hon. Marian W. Payson on 7/26/23.(CAM) (Entered: 07/27/2023)
7/26/202336Minute Entry for proceedings held before Hon. Marian W. Payson:Bail Review Hearing as to Delarae Sheffield held on 7/26/2023. The government will consent to the conditions that have been probation by Pretrial. Conditions of release are set. Defendant to remain in custody until an in-patient facility is confirmed. Transportation to the in-patient facility will not take place until the Court authorizes the defendant's release. Status Conference/Set PH Date: 9/14/23 at 10:30 a.m. TIME FROM 7/26/23 THROUGH 9/14/23 EXCLUDED IN THE INTEREST OF JUSTICE.Appearances: Matthew McGrath, AUSA, Defendant with Robert Wood, Esq., Troy Zeller, USPO(Digital Recording) (CAM) (Entered: 07/27/2023)
7/26/2023
  • Order
ORDER Setting Conditions of Release as to Anthony Martin (2) personal recognizance. Signed by Hon. Marian W. Payson on 7/26/23.(CAM) (CAM). (Entered: 07/27/2023)
7/26/202334Minute Entry for proceedings held before Hon. Marian W. Payson:Bail Review Hearing as to Anthony Martin held on 7/26/2023. The government withdraws the motion to detain. Conditions of release are set. Status Conference/Set PH Date: 9/27/23 at 9:00 a.m. TIME FROM 7/26/23 THROUGH 9/27/23 EXCLUDED IN THE INTEREST OF JUSTICE.Appearances: Matthew McGrath, AUSA, Defendant with Lindsey Pieper, Esq., Jillian Trahms, USPO(Digital Recording)(CAM) (Entered: 07/27/2023)
7/25/2023Writ of Habeas Corpus ad Prosequendum Issued as to Anthony Martin for 7/26/23 (CAM) (Entered: 07/25/2023)
7/25/2023Petition and Order for Writ of Habeas Corpus ad Prosequendum. Signed by Hon. Marian W. Payson on 7/25/23.(CAM) (Entered: 07/25/2023)
7/25/202332Minute Entry for proceedings held before Hon. Marian W. Payson:Status Conference as to Anthony Martin held on 7/25/2023.The matter is adjourned until 7/26/23 at 9:30 a.m. as Pretrial Services is awaiting final approval regarding possible release conditions.Appearances: Matthew McGrath, AUSA, Defendant with Lindsey Pieper, Esq.(Digital Recording)(CAM) (Entered: 07/25/2023)
7/24/2023Arrest Warrant Returned Executed on 7/19/23 in case as to Pedro Martinez. (CAM) (Entered: 07/24/2023)
7/24/2023Arrest Warrant Returned Executed on 7/19/23 in case as to Delarae Sheffield. (CAM) (Entered: 07/24/2023)
7/24/2023Arrest Warrant Returned Executed on 7/19/23 in case as to Adam Bowen. (CAM) (Entered: 07/24/2023)
7/24/2023CJA 23 Financial Affidavit by Adam Bowen. (CAM) (Entered: 07/24/2023)
7/24/2023Arrest Warrant Returned Executed on 7/19/23 in case as to Anthony Martin. (CAM) (Entered: 07/24/2023)
7/24/2023CJA 23 Financial Affidavit by Anthony Martin. (CAM) (Entered: 07/24/2023)
7/21/2023COONAN ORDER as to Adam Bowen. Signed by Hon. Marian W. Payson on 7/21/23.(CAM) (Entered: 07/24/2023)
7/21/2023Writ of Habeas Corpus ad Prosequendum Issued as to Anthony Martin for 7/25/23 (CAM) (Entered: 07/24/2023)
7/21/2023Petition and Order for Writ of Habeas Corpus ad Prosequendum. Signed by Hon. Marian W. Payson on 7/21/23.(CAM) (Entered: 07/24/2023)
7/21/202323Minute Entry for proceedings held before Hon. Marian W. Payson:Status Conference as to Delarae Sheffield held on 7/21/2023.Officer Whitcomb reports that she is in the process of finding an in-patient facility. The government is in agreement with probation's recommendation. Status Conference/Set PH Date: 7/26/23 at 1:30 p.m.Appearances: Matthew McGrath, AUSA, Defendant with Robert Wood, Esq., Sarah Whitcomb, USPO and Kristin Nenni, POA(Digital Recording)(CAM) (Entered: 07/21/2023)
7/20/2023COONAN ORDER as to Namon Brown. Signed by Hon. Marian W. Payson on 7/20/23.(CAM) (Entered: 07/20/2023)
7/19/2023
  • Order
ORDER as to Anthony Martin re: Brady vs Maryland. Signed by Hon. Marian W. Payson on 7/19/23.(CAM) (Entered: 07/21/2023)
7/19/202321Minute Entry for proceedings held before Hon. Marian W. Payson:Initial Appearance as to Anthony Martin held on 7/19/2023. Defendant advised of rights. The government summarizes the charges. Defendant requests court-appointed counsel. Lindsey Pieper appointed.Pursuant to Fed. R. Crim. P 5(f), the Court ordered the government to produce all exculpatory evidence pursuant to Brady v. Maryland and its progeny, and advised that failure to do so could result in consequences, including sanctions and contempt proceedings. The government moves for detention on risk of flight and dangerousness. State charges are pending. Status Conference/Set PH Date/Set Detention Hearing Date: 7/25/23 at 9:30 a.m.Appearances: Matthew McGrath, AUSA, Defendant with Lindsey Pieper, Esq., Sarah Whitcomb, USPO and Kristin Nenni, POA(Digital Recording) (CAM) (Entered: 07/21/2023)
7/19/2023
  • Order
ORDER as to Adam Bowen re: Brady vs Maryland. Signed by Hon. Marian W. Payson on 7/19/23.(CAM) (Entered: 07/21/2023)
7/19/202319Minute Entry for proceedings held before Hon. Marian W. Payson:Initial Appearance as to Adam Bowen held on 7/19/2023. Defendant advised of rights. The government summarizes the charges. Defendant requests court-appointed counsel. Avik Ganguly is appointed. Pursuant to Fed. R. Crim. P 5(f), the Court ordered the government to produce all exculpatory evidence pursuant to Brady v. Maryland and its progeny, and advised that failure to do so could result in consequences, including sanctions and contempt proceedings. The government moves for detention on risk of flight. The defendant is being held on a supervised release violation before Judge Siragusa and there is a state hold. Defendant requests the entry of a Coonan Order. Status Conference/Set PH Date/Set Detention Hearing Date: 9/7/23 at 10:30 am. TIME FROM 7/19/23 THROUGH 9/7/23 EXCLUDED IN THE INTEREST OF JUSTICE.Appearances: Matthew McGrath, AUSA, Defendant with Avik Ganguly, Esq., Sarah Whitcomb, USPO and Kristen Nenni, POA(Digital Recording)(CAM) (Entered: 07/21/2023)
7/19/2023
  • Order
ORDER as to Pedro Martinez re: Brady vs Maryland. Signed by Hon. Marian W. Payson on 7/19/23.(CAM) (Entered: 07/21/2023)
7/19/202317Minute Entry for proceedings held before Hon. Marian W. Payson:Initial Appearance as to Pedro Martinez held on 7/19/2023. Defendant advised of rights. The government summarizes the charges. Defendant requests court-appointed counsel. James Vacca is appointed subject to the filing of a financial affidavit. Pursuant to Fed. R. Crim. P 5(f), the Court ordered the government to produce all exculpatory evidence pursuant to Brady v. Maryland and its progeny, and advised that failure to do so could result in consequences, including sanctions and contempt proceedings. The government moves for detention on risk of flight and dangerousness. There is a supervised release violation pending before Judge Larimer and pending state charges. Defendant consents to the entry of a Coonan Order. Status Conference/Set PH Date/Set Detention Hearing Date: 9/7/23 at 10:30 a.m. TIME FROM 7/19/23 THROUGH 9/7/23 EXCLUDED IN THE INTEREST OF JUSTICE.Appearances: Matthew McGrath, AUSA, Defendant with James Vacca, Esq., Sarah Whitcomb, USPO and Kristen Nenni, POA(Digital Recording)(CAM) (Entered: 07/21/2023)
7/19/2023
  • Order
ORDER as to Delarae Sheffield re: Brady vs Maryland. Signed by Hon. Marian W. Payson on 7/19/23.(CAM) (Entered: 07/21/2023)
7/19/202315Minute Entry for proceedings held before Hon. Marian W. Payson:Initial Appearance as to Delarae Sheffield held on 7/19/2023. The government moves to unseal the complaint. Request granted. Defendant advised of rights. The government summarizes the charges. Defendant requests court-appointed counsel. Robert Wood appointed subject to the submission of a financial affidavit. Pursuant to Fed. R. Crim. P 5(f), the Court ordered the government to produce all exculpatory evidence pursuant to Brady v. Maryland and its progeny, and advised that failure to do so could result in consequences, including sanctions and contempt proceedings. The government moves for detention on risk of flight and dangerousness. Detention Hearing/Set PH Date: 7/21/23 at 10:00 a.m. Appearances: Matthew McGrath, AUSA, Defendant with Robert Wood, Esq., Sarah Whitcomb, USPO and Kristen Nenni, POA(Digital Recording)(CAM) (Entered: 07/21/2023)
7/19/2023
  • Complaint
REDACTED COMPLAINT as to Delarae Sheffield. (CAM) (Entered: 07/21/2023)
7/19/2023Case unsealed as to Delarae Sheffield (CAM) (Entered: 07/21/2023)
7/19/2023Arrest of Anthony Martin, Pedro Martinez, Adam Bowen, Delarae Sheffield (CAM) (Entered: 07/20/2023)
7/18/2023
  • Order
ORDER as to Namon Brown re: Brady vs Maryland. Signed by Hon. Marian W. Payson on 7/18/23.(CAM) (Entered: 07/20/2023)
7/18/2023
  • Complaint
REDACTED COMPLAINT as to Adam Bowen. (CAM) (Entered: 07/20/2023)
7/18/2023
  • Complaint
REDACTED COMPLAINT as to Pedro Martinez. (CAM) (Entered: 07/20/2023)
7/18/2023
  • Complaint
REDACTED COMPLAINT as to Anthony Martin. (CAM) (Entered: 07/20/2023)
7/18/2023Case unsealed as to Namon Brown (CAM) (Entered: 07/20/2023)
7/18/2023Case unsealed as to Namon Brown, Anthony Martin, Pedro Martinez, Adam Bowen (CAM) (Entered: 07/20/2023)
7/18/20237Minute Entry for proceedings held before Hon. Marian W. Payson:Initial Appearance as to Namon Brown held on 7/18/2023. The government moves to unseal the complaint as to the following defendants: Namon Brown, Anthony Martin, Pedro Martinez and Adam Bowen. Request granted. Defendant advised of rights. The government summarizes the charges. Michael Schiano appears as retained counsel. Pursuant to Fed. R. Crim. P 5(f), the Court ordered the government to produce all exculpatory evidence pursuant to Brady v. Maryland and its progeny, and advised that failure to do so could result in consequences, including sanctions and contempt proceedings. The government moves for detention on dangerousness and risk of flight. Defendant has been detained on a complaint pending before Judge Pedersen. Defendant consents to the entry of a Coonan Order. Status Conference/Set PH Date/Set Detention Hearing Date: 8/10/23 at 11:00 a.m. TIME FROM 7/18/23 THROUGH 8/10/23 EXCLUDED IN THE INTEREST OF JUSTICE.Appearances: Matthew McGrath, AUSA, Defendant with Michael Schiano, Esq.(Digital Recording)(CAM) (Entered: 07/20/2023)
7/18/2023Arrest of Namon Brown (CAM) (Entered: 07/20/2023)
7/17/2023Writ of Habeas Corpus ad Prosequendum Issued as to Pedro Martinez for 7/19/23 (CAM) (Entered: 07/18/2023)
7/17/2023Petition and Order for Writ of Habeas Corpus ad Prosequendum. Signed by Hon. Marian W. Payson on 7/17/23.(CAM) (Entered: 07/18/2023)
7/17/2023Writ of Habeas Corpus ad Prosequendum Issued as to Anthony Martin for 7/19/23 (CAM) (Entered: 07/18/2023)
7/17/2023Petition and Order for Writ of Habeas Corpus ad Prosequendum. Signed by Hon. Marian W. Payson on 7/17/23.(CAM) (Entered: 07/18/2023)
7/17/2023Writ of Habeas Corpus ad Prosequendum Issued as to Adam Bowen for 7/19/23 (CAM) (Entered: 07/18/2023)
7/17/2023Petition and Order for Writ of Habeas Corpus ad Prosequendum. Signed by Hon. Marian W. Payson on 7/17/23.(CAM) (Entered: 07/18/2023)
7/17/2023
  • Motion to SealGranted
ORDER granting 2 Motion to Seal the complaint, affidavit and warrants until the defendants are brought for an initial appearance, or until further order of the Court, but in any event no later than six months form today's date, unless before that time, further application is made. Signed by Hon. Marian W. Payson on 7/17/23.(CAM) (Entered: 07/17/2023)
7/17/2023 MOTIONby USA to seal the complaints, affidavit and warrants until the defendants are brought for an initial appearance, or until further order of the Court, but in any event no later than six months form today's date, unless before that time, further application is made.(CAM) (Entered: 07/17/2023)
7/17/2023
  • Complaint
COMPLAINT as to Namon Brown (1), Anthony Martin (2), Jose Encarnacion (3), Pedro Martinez (4), Adam Bowen (5), Delarae Sheffield (6), Aaniyah Carter (7). (CAM) (Entered: 07/17/2023)