Case No: USM No: Donna Newman & John Kaley Defendant’s Attorney )))))) United States of America

PURSUANT TO 18 U.S.C. § 3582(c)(2) Upon motion of ’ the defendant ’ the Director of the Bureau of Prisons ’ the court under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion, and taking into account the policy statement set forth at USSG §1B1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable, IT IS ORDERED that the motion is: ’ DENIED.

’ GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in months is reduced to the last judgment issued) of .

Complete Parts I and II of Page 2 when motion is granted) Except as otherwise provided, all provisions of the judgment dated

Order Date: April 26, 2024 Judge’s signature Effective Date: (if different from order date) Valerie Caproni, U.S. District Court Judge Printed name and title Southern District of New York

None of these is an extraordinary and compelling reason that satisfies this requirement of § 3582(c).

Case 1:22-cr-00352-JSR Document 365 Filed 04/02/24 Page 1 of1

Accordingly, however, the Court will no longer accept any submissions directly from Mr. Smith himself as he is no longer representing himself pro se.

All further applications by Mr. Smith must be made through Mr. Capone in accordance with the Court’s rules.

Mr. Smith also requests that the Court order the Warden at the MDC to grant Mr. Smith more than five hours in the law library per week.

Given the Court’s appointment of Mr. Capone, this additional time appears unnecessary and accordingly that request is hereby denied.

537 (PAE) Dear Judge Engelmayer: The Government respectfully submits this letter on behalf of the parties to request an adjournment of the April 2, 2024 violation of supervised release conference in this matter.

As the Court is aware, on February 26, 2024, the United States Probation Office filed a violation report (the “Violation Report”) alleging six specifications related to a February 15, 2024 incident in which the defendant attacked two people on an MTA bus and stabbed one victim in the head with a knife.

On March 8, 2024, the defendant was indicted in the Supreme Court of the State of New York, County of Bronx, for this same conduct.

Accordingly, the parties jointly request an adjournment of this matter for approximately 90 days.

This adjournment will allow the state case to proceed and potentially reach a resolution, which may in turn lead to a resolution short of an evidentiary hearing on the Violation Report.

Honorable Paul A. Engelmayer, U.S. District Judge: IT IS HEREBY ORDERED: For the reasons stated on the record during a status conference held on March 25, 2024, the Supervised Release Conditions are modified to include the following special condition: Jorge Diaz is permitted to reside and maintain employment in Rhode Island.

Diaz is to maintain communication with his Probation Officer and report to the Probation Office and Treatment as directed.

Dated: March 26, 2024 New York, New York

WHEREAS Mr. Belle filed a Motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 on October 26, 2023 (“2255 Petition”), see Dkt. 1852; WHEREAS the Court ordered that the 2255 Petition should not be summarily dismissed and ordered the Government to respond within 60 days, see Dkt. 1853; WHEREAS the Government filed its response on January 3, 2024, requesting that the Court’s consideration of the 2255 Petition be stayed, see Dkt. 1859; WHEREAS the Court stayed Mr. Belle’s 2255 Petition, see Dkt. 1860; WHEREAS on January 31, 2024, the Court ordered Mr. Belle to file a motion to recall the Mandate issued by the Second Circuit on September 9, 2022 (the “Mandate”), consistent with the procedures set forth in Taylor v. United States, 822 F.3d 84 (2d Cir. 2016) by no later than March 8, 2024, see Dkt. 1864; and WHEREAS to date, Mr. Belle has failed to file a motion to recall the Mandate in the U.S. Court of Appeals for the Second Circuit.

IT IS HEREBY ORDERED that if Mr. Belle fails to file a motion to recall the Mandate in the U.S. Court of Appeals for the Second Circuit by June 28, 2024, his 2255 Petition will be dismissed.

IT IS FURTHER ORDERED that if Mr. Belle’s motion to recall the Mandate is granted and his petition for rehearing and/or certiorari is unsuccessful, he will need to file a new Motion pursuant to 28

If his motion to recall the Mandate is denied, the Court will lift the stay on his 2255 Petition.

The Clerk of Court is directed to mail a copy of this order to Mr. Belle.

On March 5, 2024, the Court issued a decision addressing the motion by defendant Carlos Lopez for compassionate release, pursuant to 18 U.S.C. § 3582(c)(l)(A).

The Court denied the motion, but solely on account of Lopez's failure to exhaust administrative remedies.

Today, defense counsel moved to reopen the motion, Dkt. 833, and attached a March 21, 2024 letter from the Bureau of Prisons ("BOP'') denying Lopez's administrative request for a reduction of sentence.

The Court accordingly reopens Lopez's motion, and, for the reasons stated at Dkt. 827, grants the motion under § 3582( c ), so as to reduce Lopez's term of imprisonment to 117 months.

In light of Lopez's forthcoming release date, the Court directs Government counsel to furnish this decision to the BOP forthwith.

In addition to the forgoing, Smith appears to make other miscellaneous requests, none of which warrant further action by the Court at this time, and hereby are denied without prejudice to being renewed if further developments warrant.

S 1 22 Cr.

352 (JSR) WHEREAS, on November 18, 2022, the defendant appeared before the Court for purposes of waiving Indictment and pleading guilty to the above-captioned Superseding Information; WHEREAS, prior to pleading guilty and waiving indictment, the Court advised the defendant of his constitutional right to be charged by indictment brought by a grand jury; WHEREAS, having been advised of that constitutional right, the defendant signed a written waiver of indictment and waived indictment orally in open court; WHEREAS, at the time the defendant waived indictment and pleaded guilty, the Court sealed the proceeding; WHEREAS, the Government and the defendant agree that the Superseding Information no longer requires sealing; WHEREAS, the original written and signed waiver of indictment presently cannot be located; IT IS HEREBY ORDERED that the Clerk of the Court shall docket the above- captioned Superseding Information.

Dated: New York, New York March~2024

S 1 22 Cr.

352 (JSR) WHEREAS, on November 18, 2022, the defendant appeared before the Court for purposes of waiving Indictment and pleading guilty to the above-captioned Superseding Information; WHEREAS, prior to pleading guilty and waiving indictment, the Court advised the defendant of his constitutional right to be charged by indictment brought by a grand jury; WHEREAS, having been advised of that constitutional right, the defendant signed a written waiver of indictment and waived indictment orally in open court; WHEREAS, at the time the defendant waived indictment and pleaded guilty, the Court sealed the proceeding; WHEREAS, the Government and the defendant agree that the Superseding Information no longer requires sealing; WHEREAS, the original written and signed waiver of indictment presently cannot be located; IT IS HEREBY ORDERED that the Clerk of the Court shall docket the above- captioned Superseding Information.

Dated: New York, New York March~2024

03/19) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Page 1 of 2 (Page 2 Not for Public Disclosure)

77952-054 Kelley J. Sharkey Defendant’s Attorney )))))) United States of America

PURSUANT TO 18 U.S.C. § 3582(c)(2) Upon motion of the defendant the Director of the Bureau of Prisons the court under 18 U.S.C. ✔ § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion, and taking into account the policy statement set forth at USSG §1B1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable, IT IS ORDERED that the motion is: DENIED.

GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in ✔ months is reduced to the last judgment issued) of .

Complete Parts I and II of Page 2 when motion is granted) Except as otherwise provided, all provisions of the judgment dated

On June 27, 2017, Terrance Williams (“Defendant”) was sentenced principally to a term of imprisonment of 399 months following his plea of guilty to charges relating to participating in a racketeering enterprise, in violation of 18 U.S.C. § 1962 (d).

The Defendant’s sentencing guidelines range was 360 months to life, based on an offense level of 41 and a criminal history category of II.

The Probation Department has issued a report indicating Defendant is eligible for a reduction.

Pursuant to the standing order of the Chief Judge of this District, Michael Tremonte and Noam Biale have been appointed to represent the Defendant in this Court’s consideration of whether the Defendant’s sentence should be modified in light of Amendment 821.

IT IS ORDERED that no later than April 1, 2024, the Government shall file a statement of its position on the motion for modification of the Defendant’s sentence.

PAUL A. ENGELMAYER, District Judge: On April 14, 2017, defendant Brian McBeth was sentenced principally to a term of imprisonment of 117 months.

On February 15, 2024, the Government filed a letter, agreeing that McBeth is eligible for a reduction of sentence under Amendment 821, and stating that it did not object to a reduction of sentence to one within the newly calculated Guidelines range.

Yesterday, Februaiy 27, 2024, defense counsel moved for a reduction ofMcBeth's prison sentence to 111 months pursuant to Amendment 821, Dkt. 821, having been appointed by the Court for this purpose following the untimely death of predecessor counsel, Dkt. 801, 814.

The Court finds that McBeth is eligible for a sentence reduction and adopts the above calculations.

In light of the possibility that this order may have immediate implications for the date of McBeth's release from the reentiy center, the Court directs Govermnent counsel to furnish this order to the Bureau of Prisons forthwith.