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USA v. Taylor et al

1:17-cr-00390 | New York Southern District Court

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Division Foley Square
Judge Judge Andrew L. Carter, Jr
Filed June 20, 2017
Case Flags ECF
Last Updated: 1 week, 1 day ago Show Interactive Timeline
Filing Date # Docket Text
3/19/2025
  • Motion to Appoint Counsel
MOTION to Appoint Counsel. Document filed by Vito Gallicchio. (jbo) (Entered: 03/19/2025)
3/12/2025NOTICE of Change of Address as to Vito Gallicchio. New Address: Vito Gallicchio, #91182054, FCI Danbury, 33 1/2 Pembroke Rd, Danbury, Connecticut, US 06811. (jbo) (Entered: 03/12/2025)
2/27/2025 LETTER by Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Diane Ferrone dated February 27, 2025 re: Defendant's Pending Motion for a Reduction in Sentence (Ferrone, Diane) (Entered: 02/27/2025)
11/26/2024
  • Reply
REPLY TO RESPONSE to Motion by Vito Gallicchio re 319 MOTION to Reduce Sentence .. (Ferrone, Diane) (Entered: 11/26/2024)
11/11/2024 RESPONSE in Opposition by USA as to Vito Gallicchio re: 319 MOTION to Reduce Sentence .. (Rodriguez, Justin) (Entered: 11/11/2024)
10/10/2024
  • OrderGranted
MEMO ENDORSEMENT as to Vito Gallicchio granting 320 LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Diane Ferrone dated September 26, 2024 re: Request for Briefing Schedule. ENDORSEMENT: The application is GRANTED. The Government's response is due 11/12/24 and the reply, if any, is due 11/26/24. So Ordered. (Responses due by 11/12/2024. Replies due by 11/26/2024.) (Signed by Judge Andrew L. Carter, Jr on 10/10/2024) (lnl) (Entered: 10/10/2024)
9/26/2024
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Diane Ferrone dated September 26, 2024 re: Request for Briefing Schedule . Document filed by Vito Gallicchio. (Ferrone, Diane) (Entered: 09/26/2024)
9/26/2024
  • Motion
MOTION to Reduce Sentence . Document filed by Vito Gallicchio. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Ferrone, Diane) (Entered: 09/26/2024)
9/26/2024NOTICE OF ATTORNEY APPEARANCE: Diane Ferrone appearing for Vito Gallicchio. Appearance Type: Retained. (Ferrone, Diane) (Entered: 09/26/2024)
8/16/2024
  • Order
FINAL ORDER OF FORFEITURE as to Vito Gallicchio. (Signed by Judge Andrew L. Carter, Jr on 8/16/24)(jw) (Entered: 08/16/2024)
8/6/2024
  • Motion
MOTION FOR REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) AND AMENDMENT 821 OF THE SENTENCING GUIDELINES for Vito Gallicchio. Document filed by Vito Gallicchio. (jw) (Entered: 08/07/2024)
7/29/2024
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Tara M. La Morte dated July 29, 2024 re: Final Order of Forfeiture as to Substitute Assets . Document filed by USA as to Vito Gallicchio. (Attachments: # 1 Proposed Order Final Order of Forfeiture as to Substitute Assets)(La Morte, Tara) (Entered: 07/29/2024)
7/29/2024DECLARATION of Tara M. La Morte in Support by USA as to Vito Gallicchio re: 314 LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Tara M. La Morte dated July 29, 2024 re: Final Order of Forfeiture as to Substitute Assets .. (La Morte, Tara) (Entered: 07/29/2024)
7/29/2024SERVICE BY PUBLICATION as to Vito Gallicchio. A Notice of Criminal Forfeiture was published in the www.forfeiture.gov on January 13, 2024 through February 11, 2024. Document filed by USA as to Vito Gallicchio. (La Morte, Tara) (Entered: 07/29/2024)
6/4/2024
  • Motion to Withdraw as Counsel
MOTION for Kiersten Ann Fletcher to Withdraw as Attorney . Document filed by USA as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli, Lawrence Montalbano, Leonard Danzi, Don Michael Carim, Michael Farley. (Fletcher, Kiersten) (Entered: 06/04/2024)
4/30/2024
  • Order
Preliminary Order of Forfeiture/Money Judgment as to Don Michael Carim... As a result of the offense charged in Count One of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of $24,750 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in Count One of the Indictment that the Defendant personally obtained, shall be entered against the defendant... (Signed by Judge Andrew L. Carter, Jr on 4/30/24)(jbo) (Entered: 04/30/2024)
4/25/2024
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Kiersten Ann Fletcher dated April 25, 2024 re: Preliminary Order of Forfeiture as to Money Judgment . Document filed by USA as to Don Michael Carim. (Attachments: # 1 Proposed Order For Preliminary Order of Forfeiture as to Money Judgment)(Fletcher, Kiersten) (Entered: 04/25/2024)
3/26/2024BRIEF IN RESPONSE by (17-Cr-390-2) Vito Gallicchio. Dated: 3/18/2024. (bw) (Entered: 03/26/2024)
3/4/2024
  • Motion
MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Vito Gallicchio (2) re Count 1s filed. Document filed by Vito Gallicchio. (jw) (Entered: 03/04/2024)
2/23/2024 LETTER by Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Vito Gallicchio, re: 3582 motion. (lnl) (Entered: 02/23/2024)
1/30/2024LETTER RESPONSE in Opposition by USA as to Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Kiersten A. Fletcher dated January 30, 2024 re: 303 MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) for Vito Gallicchio (2) re Count 1s filed.. (Fletcher, Kiersten) (Entered: 01/30/2024)
1/17/2024
  • Motion to Appoint Counsel
LETTER-MOTION to Appoint Counsel re: To represent me for my MOTION For A Reduction of Sentence. Document filed by (17-Cr-390-2) Vito Gallicchio. Dated: January 8, 2024. (bw) (Entered: 01/18/2024)
12/4/2023
  • Motion
MOTION FOR REDUCTION OF SENTENCE PURSUANT TO 3582(c)(2) AND AMENDMENT 821 OF THE SENTENCING GUIDELINES for Vito Gallicchio (2). Document filed by Vito Gallicchio. (lnl) (Entered: 12/05/2023)
8/29/2023
  • Order
PRELIMINARY ORDER OF FORFEITURE AS TO SUBSTITUTE ASSETS as to Vito Gallicchio. (Signed by Judge Andrew L. Carter, Jr on 8/29/2023) (ap) (Entered: 08/29/2023)
8/17/2023MANDATE of USCA (Certified Copy) as to Vito Gallicchio re: 265 Notice of Appeal. USCA Case Number 20-3307. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/17/2023. (nd) (Entered: 08/17/2023)
6/27/2023ORDER TO SHOW CAUSE by (17-Cr-390-2) Vito Gallicchio. The Court is in receipt of Respondent United States of America's motion for entry of a Preliminary Order of Forfeiture as to Substitute Assets. ECF No. 20. The Court ordered Petitioner Vito Gallicchio to respond by May 22, 2023. To date, Petitioner has failed to file a response. Petitioner is hereby ORDERED TO SHOW CAUSE as to why Respondent's motion should not be deemed as unopposed. Respondent is hereby ORDERED to file a written response on or before July 11, 2023. SO ORDERED. ( Show Cause Response due by 7/11/2023. )(Signed by Judge Andrew L. Carter, Jr. on 6/27/2023); Refer to civil case 20-CV-08764 (ALC) also. (bw) (Entered: 06/27/2023)
4/21/2023
  • Order
ORDER as to Vito Gallicchio: The Court is in receipt of Respondent United States of America's motion for entry of a Preliminary Order of Forfeiture as to Substitute Assets. ECF No. 20. Petitioner Vito Gallicchio has yet to respond. Petitioner is hereby ordered to respond no later than May 22, 2023. (Responses due by 5/22/2023) (Signed by Judge Andrew L. Carter, Jr on 4/21/2023) (ap) (Entered: 04/21/2023)
4/20/2023
  • Order
ORDER as to Vito Gallicchio: Application GRANTED. The status conference scheduled for April 21, 2023, is hereby ADJOURNED to Friday, May 19, 2023 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. (Responses due by 5/22/2023) (Signed by Judge Andrew L. Carter, Jr on 4/20/2023) (ap) (Entered: 04/20/2023)
4/13/2023
  • Order
ORDER as to (17-Cr-390-2) Vito Gallicchio. The Movant shall file a response to the declaration submitted by his former attorney, Irving Cohen on or by May 11, 2023. SO ORDERED. ( Responses due by 5/11/2023 )(Signed by Judge Andrew L. Carter, Jr. on 4/13/2023); Refer to civil case 20-CV-8764 (ALC) also. (bw) (Entered: 04/13/2023)
2/28/2023JUDICIAL RESPONSE as to (17-Cr-390-4) Nicholas Avicolli. THE COURT ORDERS: Transfer of Jurisdiction to the District of New Jersey APPROVED. (Signed by Judge Andrew L. Carter, Jr. on 11/7/2022)(bw) (Entered: 02/28/2023)
12/6/2022Supervised Release Jurisdiction Transferred Out to the U.S.D.C. District of New Jersey as to Nicholas Avicolli. (Attachments: # 1 Transfer Letter)(jw) (Entered: 12/06/2022)
11/7/2022Transfer of Jurisdiction as to Nicholas Avicolli. (Signed by Judge Andrew L. Carter, Jr on 11/7/22) [**Not signed by receiving USDJ of New Jersey.](jbo) (Entered: 11/07/2022)
8/8/2022DECLARATION of DEA SA Kenneth McGrail in Support by USA as to Vito Gallicchio re: 292 MOTION for Forfeiture of Property .. (Fletcher, Kiersten) (Entered: 08/08/2022)
8/8/2022
  • Motion
MOTION for Forfeiture of Property . Document filed by USA as to Vito Gallicchio. (Attachments: # 1 Text of Proposed Order Substitute Asset Order)(Fletcher, Kiersten) (Entered: 08/08/2022)
6/28/2022DECLARATION of Irving Cohen, Esq. in Opposition by USA as to Vito Gallicchio (Fletcher, Kiersten) (Entered: 06/28/2022)
6/1/2022
  • Order
ORDER as to Vito Gallicchio: Gallicchio brings a habeas petition alleging ineffective assistance of counsel, claiming that his attorney made certain statements, failed to prepare, and neglected to bring important matters to the Court's attention. No declaration has been submitted by his prior attorney. The government should file such a declaration by June 29, 2022. (Signed by Judge Andrew L. Carter, Jr on 6/1/2022) (ap) (Entered: 06/01/2022)
5/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Vito Gallicchio. Notice is hereby given that an official transcript of a Conference proceeding held on 8/19/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 05/20/2022)
5/20/2022TRANSCRIPT of Proceedings as to Vito Gallicchio re: Conference held on 8/19/20 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/18/2022. (Moya, Goretti) (Entered: 05/20/2022)
8/19/2021Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document
8/4/2021Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document
7/26/2021Sentencing, Change of Not Guilty Plea, ~Util - Plea Entered, Change of Plea Hearing
7/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Nicholas Avicolli. Notice is hereby given that an official transcript of a Conference proceeding held on 6/29/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/23/2021)
7/23/2021TRANSCRIPT of Proceedings as to Nicholas Avicolli re: Conference held on 6/29/21 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/13/2021. Redacted Transcript Deadline set for 8/23/2021. Release of Transcript Restriction set for 10/21/2021. (McGuirk, Kelly) (Entered: 07/23/2021)
6/29/2021
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Nicholas Avicolli (4). The defendant pleaded guilty to Count(s) 1s. Underlying Counts Dismissed. Imprisonment: Time Served; Supervised Release: Three (3) years. The Defendant shall be allowed to travel within the District of New Jersey and the Eastern and Southern Districts of New York. Assessment: $100.00 due immediately. (Signed by Judge Andrew L. Carter, Jr on 6/29/21)(jbo) (Entered: 07/26/2021)
6/29/2021DISMISSAL OF COUNTS on Government Motion as to Nicholas Avicolli (4) Count 1. (jbo) (Entered: 07/26/2021)
6/29/2021Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Sentencing held on 6/29/2021 for Nicholas Avicolli (4) Count 1s. AUSA Kiersten Fletcher for the Government. Defendant Nicholas Avicolli appears with attorney, Nicholas Kaizer. Imprisonment: TIME SERVED. Supervised Release: 3 years. Special Assessment: $100.00. See transcript for complete details. Court Reporter. Lisa Farros. (jbo) (Entered: 07/26/2021)
6/22/2021SENTENCING SUBMISSION by USA as to Nicholas Avicolli. (Fletcher, Kiersten) (Entered: 06/22/2021)
6/4/2021
  • Order
ORDER as to Nicholas Avicolli. The sentencing scheduled for June 22, 2021 is adjourned to June 29, 2021 at 2:00 p.m. (Sentencing set for 6/29/2021 at 02:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 6/4/21)(jw) (Entered: 06/04/2021)
6/3/2021SENTENCING SUBMISSION by Nicholas Avicolli. (Attachments: # 1 Exhibit A, Redacted Photo, # 2 Exhibit B, Report on Avicolli, # 3 Exhibit C, Zampanella Report, # 4 Exhibit D, Letter from T. Peluso, # 5 Exhibit E, Transcript, # 6 Exhibit F, Letters in Support, # 7 Exhibit G, Letters re Food Donations)(Kaizer, Nicholas) (Entered: 06/03/2021)
4/26/2021
  • Order
ORDER as to Nicholas Avicolli: The Sentencing scheduled for May 6, 2021 is adjourned to June 22, 2021 at 2:00 p.m. (Sentencing set for 6/22/2021 at 02:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 4/26/2021) (ap) (Entered: 04/26/2021)
4/8/2021Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document
2/19/2021USCA Appeal Fees received $ 505.00, receipt number 465401274030 as to Vito Gallicchio on 1/22/2021 re: [265] Notice of Appeal filed by Vito Gallicchio. (tp) (Entered: 02/19/2021)
1/29/2021
  • Order
ORDER as to Nicholas Avicolli: The sentencing scheduled for February 26, 2021 is adjourned to May 6, 2021 at 11:00 a.m. (Sentencing set for 5/6/2021 at 11:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 1/29/2021)(ap) (Entered: 01/29/2021)
1/26/2021MOVANT'S REPLY TO GOVERNMENT'S MEMORANDUM IN OPPOSITION TO MOVANT'S PRO SE MOTION TO VACATE. Document filed by (17-Cr-390-2) Vito Gallicchio. Dated: 1/19/2021. [*** NOTE: Refer to Civil Case 20-CV-8764(ALC) also. ***] (bw) (Entered: 01/28/2021)
12/21/2020MEMORANDUM in Opposition by USA as to Vito Gallicchio re 269 MOTION to Vacate under 28 U.S.C. 2255. (Rodriguez, Justin) (Entered: 12/21/2020)
12/9/2020TRANSFER OUT SUPERVISED RELEASE DOCUMENTS SENT as to Lawrence Montalbano to the U.S.D.C. District of New Jersey. The following documents were emailed: Copy of the Transfer of Jurisdiction Form, copy of indictment, copy of the the docket sheet, and letter of acknowledgment. (ap) (Entered: 12/09/2020)
12/9/2020Supervised Release Jurisdiction Transferred Out to the U.S.D.C. District of New Jersey as to Lawrence Montalbano. (ap) (Entered: 12/09/2020)
10/23/2020
  • Order
ORDER TO ANSWER, 28 U.S.C. � 2255 as to Vito Gallicchio... The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, hereby ORDERS that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. Responses due by 12/22/2020. (Signed by Judge Andrew L. Carter, Jr on 10/23/2020) (Docketed in 20cv8764) (ap) (Entered: 10/26/2020)
10/16/2020 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Vito Gallicchio. (rdz)
Civil case 1:20-cv-08764 opened. (Entered: 10/21/2020)
10/9/2020NOLLE PROSEQUI ENTERED as to David Taylor. David Taylor (1) Count 1,1s. SO ORDERED: (Signed by Judge Andrew L. Carter, Jr. on 10/9/2020)(bw) (Entered: 10/09/2020)
10/8/2020 LETTER by USA as to David Taylor addressed to Judge Andrew L. Carter, Jr. from Nicolas Roos dated October 8, 2020 re: NOLLE PROSEQUI re David Taylor Document filed by USA. (Roos, Nicolas) (Entered: 10/08/2020)
10/8/2020NOLLE PROSEQUI entered as to David Taylor. (Roos, Nicolas) (Entered: 10/08/2020)
9/29/2020Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Vito Gallicchio re: [265] Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 09/29/2020)
9/29/2020Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Vito Gallicchio to US Court of Appeals re: [265] Notice of Appeal. (nd) (Entered: 09/29/2020)
9/28/2020
  • OrderDenied
ORDER ON MOTION FOR REDUCTION IN SENTENCE UNDER 18 USC 3582(c)(1)(A) (Compassionate Release) as to Vito Gallicchio. Upon motion of the defendant for a reduction in sentence pursuant to 18 USC 3582(c)(1)(A), and after considering the applicable factors set forth in 18 U.S.C. � 3553(a) and the applicable policy statements issued by the Sentencing Commission to the extent they are relevant to whether a deduction is warranted (and, if so, the amount of the reduction), IT IS ORDERED that the motion is DENIED after complete review of the motion on the merits (Signed by Judge Andrew L. Carter, Jr on 8/19/2020)(jw) (Entered: 09/28/2020)
9/25/2020
  • Order
MEMO ENDORSEMENT as to Nicholas Avicolli granting 262 CONSENT LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Nicholas Kaizer dated 9/21/2020 re: Adjournment of October 9, 2020 Sentence. ENDORSEMENT The application is granted. The sentencing is adjourned to 2/26/21 at 10:00 a.m. So Ordered. (Sentencing set for 2/26/2021 at 10:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 9/25/2020) (lnl) (Entered: 09/25/2020)
9/21/2020CONSENT LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Nicholas Kaizer dated 9/21/2020 re: Adjournment of October 9, 2020 Sentence . Document filed by Nicholas Avicolli. (Kaizer, Nicholas) (Entered: 09/21/2020)
9/17/2020NOTICE OF APPEAL by Vito Gallicchio from 264 Order.(nd) (Entered: 09/29/2020)
9/14/2020STATUS REPORT by USA as to David Taylor. (Roos, Nicolas) (Entered: 09/14/2020)
8/24/2020
  • Order
ORDER as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli, Lawrence Montalbano, Leonard Danzi, Don Michael Carim, Michael Farley: The Court is in receipt of Dr. Mundy's competency report. The Parties are ORDERED to file a joint status report on or before September 14, 2020. (Signed by Judge Andrew L. Carter, Jr. on 8/24/2020) (ap) (Entered: 08/24/2020)
8/20/2020WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Vito Gallicchio re:Conference (Signed by Judge Andrew L. Carter, Jr on 8/19/2020)(jw) (Entered: 08/20/2020)
8/19/2020Minute Entry for proceedings held before Judge Andrew L. Carter, Jr:Telephone Conference as to Vito Gallicchio held on 8/19/2020. Defendant's appearance waived. Jeremy Gordon for Vito Gallicchio. AUSA Kiresten Fletcher for the Government. Edward Johnson, U.S. Probation Officer. The compassionate release application is DENIED. See transcript for complete details. Court Reporter: Andrew Walker (jw) (Entered: 08/20/2020)
8/13/2020LETTER RESPONSE in Opposition by USA as to Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Kiersten A. Fletcher dated August 13, 2020 re: 255 MOTION to Reduce Sentence Pursuant to 18 U.S.C. 3582(c)(1)(A).. (Attachments: # 1 Exhibit Medical Records (Redacted))(Fletcher, Kiersten) (Entered: 08/13/2020)
8/7/2020
  • Order
ORDER as to Vito Gallicchio: Telephone Hearing is set for August 19, 2020 at 11:00 a.m. The parties should contact the Court at 1-888-363-4749 on the date and time specified above and once prompted, should dial access code 3768660. (Telephone Conference set for 8/19/2020 at 11:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 8/7/2020) (ap) (Entered: 08/07/2020)
7/29/2020
  • Motion to Seal
MOTION to Seal Document . Document filed by Vito Gallicchio. (Attachments: # 1 Text of Proposed Order)(Gordon, Jeremy) (Entered: 07/29/2020)
7/29/2020
  • Motion
MOTION to Reduce Sentence Pursuant to 18 U.S.C. 3582(c)(1)(A). Document filed by Vito Gallicchio. (Attachments: # 1 Exhibit A)(Gordon, Jeremy) (Entered: 07/29/2020)
7/29/2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [254] MOTION for Jeremy Gordon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20907358. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) (Entered: 07/29/2020)
7/29/2020
  • Motion to Appear Pro Hac Vice
MOTION for Jeremy Gordon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20907358. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vito Gallicchio. (Attachments: # 1 Affidavit of Jeremy Gordon, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Gordon, Jeremy) (Entered: 07/29/2020)
7/17/2020
  • Order
ORDER as to David Taylor: The Court is in receipt of the Government's letter regarding an evaluation to determine the mental competency of Mr. Taylor pursuant to 18 U.S.C. � 4241(a)-(b). ECF No. 252. The Court appoints Daniel Mundy as a neutral expert to evaluate Mr. Taylor and submit a psychiatric or psychological report pursuant to 18 U.S.C. � 4247(b)-(c). Such report should be submitted by or before August 19, 2020. The Court will pay the hourly rate indicated in the Government's letter. (Signed by Judge Andrew L. Carter, Jr on 7/17/2020) (ap) (Entered: 07/17/2020)
7/14/2020 LETTER by USA as to David Taylor addressed to Judge Andrew L. Carter, Jr. from Nicolas Roos dated July 14, 2020 re: Court's July 9, 2020 Order re Competency Evaluation Document filed by USA. (Roos, Nicolas) (Entered: 07/14/2020)
7/9/2020
  • Order
ORDER as to David Taylor. The Court is in receipt of the Parties' Joint Status Report regards the evaluation of Mr. Taylor. The Government is directed to file a supplemental letter regarding the location of Mr. Taylors examination, including the likelihood that a BOP examination would result in Mr. Taylor being transferred to a BOP facility. Such letter must be filed on or before July 14, 2020. (Signed by Judge Andrew L. Carter, Jr on 7/9/20)(jw) (Entered: 07/09/2020)
6/28/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to David Taylor: Notice to Attorney Roos, Nicolas to RE-FILE Document [250] Status Report. Use the event type Letter found under the event list Other documents. (ka) (Entered: 06/28/2020)
6/26/2020STATUS REPORT re Evaluation of Defendant by USA as to David Taylor. (Roos, Nicolas) (Entered: 06/26/2020)
6/16/2020
  • Order
ORDER as to David Taylor. The Parties are hereby ORDERED to submit a joint status report to the Court on or before June 26, 2020. (Signed by Judge Andrew L. Carter, Jr on 6/16/2020)(jw) (Entered: 06/16/2020)
5/11/2020PROBATION FORM 22 PETITION (Transfer of Jurisdiction) as to (17-Cr-390-5) Lawrence Montalbano. (Signed by Judge Andrew L. Carter, Jr. on 5/11/2020) [*** NOTE: Await Judge's signature from Receiving Court. No documents sent. ***] (bw) (Entered: 05/11/2020)
4/17/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lawrence Montalbano. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/10/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/17/2020)
4/17/2020TRANSCRIPT of Proceedings as to Lawrence Montalbano re: Sentence held on 3/10/2020 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/8/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/16/2020. (McGuirk, Kelly) (Entered: 04/17/2020)
3/26/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to David Taylor: Notice to Attorney Roos, Nicolas to RE-FILE Document [245] Status Report. Use the event type Letter found under the event list Other documents. (ka) (Entered: 03/26/2020)
3/26/2020STATUS REPORT re Competency Evaluation by USA as to David Taylor. (Roos, Nicolas) (Entered: 03/26/2020)
3/11/2020SENTENCING SUBMISSION by USA as to Lawrence Montalbano. (Roos, Nicolas) (Entered: 03/11/2020)
3/10/2020243SEALED DOCUMENT placed in vault. (mhe) (Entered: 03/10/2020)
3/10/2020
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Lawrence Montalbano (5). THE DEFENDANT: pleaded guilty to Count 1 of the Superseding Indictment (S4). IMPRISONMENT: TIME SERVED. SUPERVISED RELEASE: 2 Years (two). ASSESSMENT: $100.00 due immediately. (Signed by Judge Andrew L. Carter, Jr on 3/10/2020) (ap) (Entered: 03/10/2020)
3/10/2020Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Sentencing held on 3/10/2020 for Lawrence Montalbano (5) Count 1. Defendant Lawrence Montalbano appears with attorney, William Stampur. AUSA Nicolas Ross for the Government. Plea ACCEPTED. Sentence: Time Served. Supervised Release: 2 Years. Special Assessment: $100.00. See transcript for complete details. (Court Reporter Rebecca Forman) (ap) (Entered: 03/10/2020)
3/5/2020
  • Order
ORDER as to Nicholas Avicolli: Due to a conflict on the Court's calendar, the March 30, 2020 sentencing is adjourned to October 9, 2020 at 10:00 a.m. SO ORDERED. (Sentencing set for 10/9/2020 at 10:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 3/5/2020) (lnl) (Entered: 03/05/2020)
2/25/2020 LETTER by USA as to David Taylor addressed to Judge Andrew L. Carter, Jr. from Nicolas Roos dated February 25, 2020 re: Status Report Regarding Defendant Competency Evaluation Document filed by USA. (Roos, Nicolas) (Entered: 02/25/2020)
2/18/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Farley. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/17/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/18/2020)
2/18/2020TRANSCRIPT of Proceedings as to Michael Farley re: Sentence held on 1/17/2020 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/10/2020. Redacted Transcript Deadline set for 3/20/2020. Release of Transcript Restriction set for 5/18/2020. (McGuirk, Kelly) (Entered: 02/18/2020)
2/12/2020Set/Reset Hearings as to Lawrence Montalbano: Sentencing set for 3/10/2020 at 10:00 AM before Judge Andrew L. Carter Jr. (ap) (Entered: 02/12/2020)
2/12/2020
  • OrderGranted
MEMO ENDORSEMENT as to Lawrence Montalbano (5) granting 235 LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from William J. Stampur. The application is granted. (Signed by Judge Andrew L. Carter, Jr on 2/12/2020) (ap) (Entered: 02/12/2020)
2/12/2020
  • Order
ORDER as to Nicholas Avicolli: Due to a conflict on the Court's calendar, the sentencing set for March 12, 2020 is adjourned to March 30, 2020 at 12:00 p.m. (Sentencing set for 3/30/2020 at 12:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 2/12/2020) (ap) (Entered: 02/12/2020)
2/11/2020
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from William J. Stampur . Document filed by Lawrence Montalbano as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli, Lawrence Montalbano, Leonard Danzi, Don Michael Carim, Michael Farley. (Stampur, William) (Entered: 02/11/2020)
2/6/20201 - Terminate Deadlines and Hearings
2/5/2020Minute Entry for proceedings held before Judge Andrew L. Carter, Jr:Status Conference as to David Taylor held on 2/5/2020. Defendant David Taylor appears with Megan Benett. Lisa Orloff present. AUSA Justin Rodriguez for the Government. Matthew Del Rosario, NYPD/DEA present. Kenneth Mc Grail Special DEA Agent present. Sentencing adjourned without a date. Joint Status Report due 2/26/20. Defendant remains in custody. See transcript for complete details. Court Reporter: Elizabeth Chan. (lnl) (Entered: 02/06/2020)
2/4/2020Sentencing Letter by David Taylor addressed to Judge Andrew L. Carter from Megan Wolfe Benett dated February 4, 2020 re: Defense Sentencing Reply. (Attachments: # 1 Exhibit F - military records)(Benett, Megan) (Entered: 02/04/2020)
1/29/2020SENTENCING SUBMISSION by USA as to David Taylor. (Roos, Nicolas) (Entered: 01/29/2020)
1/22/2020SENTENCING SUBMISSION by David Taylor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Benett, Megan) (Entered: 01/22/2020)
1/17/2020
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Michael Farley (8). The defendant pleaded guilty to Count(s) 1, 2. Imprisonment: Time Served on counts 1 and 2 to run concurrently; 2 years on counts 1 and 2 to run concurrently. Assessment: $200.00; Restitution: $9,664.00. (Signed by Judge Andrew L. Carter, Jr on 1/17/20)(jbo) (Entered: 01/17/2020)
1/17/2020CONSENT PRELIMINARY ORDER OF FORFEITURE / MONEY JUDGMENT as to Michael Farley. IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Geoffrey S. Berman, United States Attorney, Assistant United States Attorney Justin V. Rodriguez, of counsel, and the Defendant, and his counsel, Richard Signorelli, Esq., that: As a result of the offenses charged in Counts One and Two of the Information, to which the Defendant pied guilty, a money judgment in the amount of $35,100.00 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the commission of the offenses charged in Counts One and Two of the Information that the Defendant personally obtained, shall be entered against the Defendant. Pursuant to Rule 32.2(b )( 4) of the Federal Rules of Criminal Procedure, this Consent Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant, MICHAEL FARLEY, and shall be deemed part of the sentence of the Defendant, and shall be included in the judgment of conviction therewith. The Clerk of the Court shall forward three ce1iified copies of this Consent Preliminary Order of Forfeiture/Money Judgment to Assistant United States Attorney Alexander J. Wilson, Co-Chief, Money Laundering and Transnational Criminal Enterprises Unit, United States Attorney's Office, One St. Andrew's Plaza, New York, New York 10007. (Signed by Judge Andrew L. Carter, Jr on 1/17/20) [***Certified copies sent to AUSA.] (jbo) (Entered: 01/17/2020)
1/17/2020CONSENT ORDER OF RESTITUTION as to Michael Farley. IT IS HEREBY ORDERED that:1. Amount of RestitutionMICHAEL FARLEY, the Defendant, shall pay restitution in the total amount of $9,664,pursuant to 18 U.S.C. �� 3663 and 3663A, to the victim of the offense charged in Count Two ofthe Information. Upon advice by the United States Attorney's Office of a change of address of the victim, the Clerkof the Court is authorized to send payments to the new address without further order of this Court. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/17/20)(jbo) (Entered: 01/17/2020)
1/17/2020Minute Entry for proceedings held before Judge Andrew L. Carter, Jr.: Sentencing held on 1/17/2020 for Michael Farley (8) Count 1,2. Defendant Michael Farley appears with attorney Richard Signorelli. AUSA Justin Rodriguez for the Government. Sentence: Time Served on Counts 1 and 2 to run concurrently. Supervised Release: 2 Years on Counts 1 and 2 to run concurrently. Special Assessment: $200.00. See transcript for complete details. Court Reporter: Raquel Robles. (bw) (Entered: 01/17/2020)
1/13/2020228SEALED DOCUMENT placed in vault. (mhe) (Entered: 01/13/2020)
1/13/2020227SEALED DOCUMENT placed in vault. (mhe) (Entered: 01/13/2020)
1/9/2020
  • Order
ORDER as to Lawrence Montalbano ( Sentencing set for 2/19/2020 at 10:00 AM before Judge Andrew L. Carter Jr.) The sentencing set for January 24, 2020 is adjourned to February 19, 2020 at 10:00am (Signed by Judge Andrew L. Carter, Jr on 1/9/20)(jw) (Entered: 01/09/2020)
1/2/2020Set/Reset Hearings as to David Taylor: Sentencing set for 2/5/2020 at 10:30 AM before Judge Andrew L. Carter Jr. (lnl) (Entered: 01/02/2020)
1/2/2020
  • OrderGranted
MEMO ENDORSEMENT as to David Taylor (1) granting 221 LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Megan W. Benett dated 12/17/2019 re: adjourn sentencing. ENDORSEMENT: Application granted. Sentencing adjourned to 2-5-20 at 10:30 a.m. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 1/2/2020) (lnl) (Entered: 01/02/2020)
12/30/2019Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document
12/27/2019224SEALED DOCUMENT placed in vault. (mhe) (Entered: 12/30/2019)
12/27/2019223SEALED DOCUMENT placed in vault. (rz) (Entered: 12/27/2019)
12/17/2019
  • Motionby Δ
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Megan W. Benett dated 12/17/2019 re: adjourn sentencing . Document filed by David Taylor. (Benett, Megan) (Entered: 12/17/2019)
12/5/2019220SEALED DOCUMENT placed in vault. (rz) (Entered: 12/05/2019)
12/5/2019219SEALED DOCUMENT placed in vault. (rz) (Entered: 12/05/2019)
11/22/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Vito Gallicchio. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/29/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/22/2019)
11/22/2019TRANSCRIPT of Proceedings as to Vito Gallicchio re: Sentence held on 10/29/19 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/13/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/20/2020. (McGuirk, Kelly) (Entered: 11/22/2019)
11/22/2019Set/Reset Hearings as to Nicholas Avicolli: Sentencing set for 3/12/2020 at 11:00 AM before Judge Andrew L. Carter Jr. (jbo) (Entered: 11/22/2019)
11/22/2019
  • Order
ORDER as to Nicholas Avicolli. The November 25, 2019 sentencing is adjourned to March 12, 2020 at 11am. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/22/19)(jbo) (Entered: 11/22/2019)
11/6/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Daniel Garcia. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/8/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/06/2019)
11/6/2019TRANSCRIPT of Proceedings as to Daniel Garcia re: Sentence held on 10/8/19 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2019. Redacted Transcript Deadline set for 12/9/2019. Release of Transcript Restriction set for 2/4/2020. (McGuirk, Kelly) (Entered: 11/06/2019)
11/5/2019
  • Motion for Judgment
JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 10/29/2019. Defendant Vito Gallicchio (2) pleaded guilty to Count(s) 1s (Count 1 of the Superseding Indictment (S4)). Count(s) in the underlying Indictment are dismissed on the motion of the United States. IMPRISONMENT: 144 Months (one hundred forty-four). The court makes the following recommendations to the Bureau of Prisons: If consistent with the Bureau of Prisons, policies, practices and guidelines, the Court recommends designation to FCI-Fort Dix, FCI-Otisville or an institution close to the New York City area. The Court recommends that the Bureau of Prisons take note of his medical history, in particular, his heart condition. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 Years (three). Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. The defendant shall forfeit the defendant's interest in the following property to the United States: See Preliminary Order of Forfeiture/Money Judgment dated 10/30/19. (Signed by Judge Andrew L. Carter, Jr. on 11/4/2019)(bw) (Entered: 11/05/2019)
11/4/2019
  • Order
ORDER as to Lawrence Montalbano: The November 19, 2019 sentencing is adjourned to January 24, 2020 at 11:00 a.m. SO ORDERED. (Sentencing set for 1/24/2020 at 11:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 11/4/2019) (lnl) (Entered: 11/04/2019)
10/30/2019
  • Order
PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Vito Gallicchio. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT As a result of the offense charged in Count One of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of $2,190,840.00 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in Count One of the Indictment that the Defendant personally obtained, shall be entered against the Defendant. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant, VITO GALLICCHIO, and shall be deemed part of the sentence of the Defendant, and shall be included in the judgment of conviction therewith.. (Signed by Judge Andrew L. Carter, Jr on 10/30/19)(jw) (Entered: 10/30/2019)
10/29/2019DISMISSAL OF COUNTS on Government Motion as to Vito Gallicchio (2) Count 1. (bw) (Entered: 11/05/2019)
10/29/2019Minute Entry for proceedings held before Judge Andrew L. Carter, Jr.: Sentencing held on 10/29/2019 for Vito Gallicchio (2) Count 1s. Defendant Vito Gallicchio appears with attorneys Irving Cohen and Chanel Sochacki. AUSA Kiersten Fletcher and AUSA Justin Rodriguez for the Goveernment. Sentence: Imprisonment 144 Months. Supervised Release 3 Years. Special Assessment $100.00. Defendant remains in custody. See transcript for complete details. Court Reporter: Khris Sellin. (bw) (Entered: 11/05/2019)
10/28/2019
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Daniel Garcia (3). The Defendant pleaded guilty to Count 1 of the Superceding Indictment (S4). Counts in the underlying Indictment are dismissed on the motion of the United States. IMPRISONMENT: 36 Months (thirty-six). The court makes the following recommendations to the Bureau of Prisons: If consistent with the Bureau of Prisons, policies, practices and guidelines, the Court recommends designation to an institution near the New York City metropolitan area. The Court also recommends that the Defendant be allowed to participate in educational and employment-related programs for which he is eligible. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 Years (three). ASSESSMENT: $100.00 due immediately. The defendant shall forfeit the defendant's interest in the following property to the United States: See Consent Preliminary Order of Forfeiture/Money Judgment dated and signed 10/8/19. (Signed by Judge Andrew L. Carter, Jr on 10/22/2019) (lnl) (Entered: 10/28/2019)
10/28/2019DISMISSAL OF COUNTS on Government Motion as to Daniel Garcia (3) Count 1. (lnl) (Entered: 10/28/2019)
10/25/2019ENDORSED LETTER as to David Taylor addressed to Judge Andrew L. Carter, Jr. from Megan W. Benett dated 10/24/19 re: Reschedule Sentencing...ENDORSEMENT: Application granted. Sentencing adjourned to 1/16/20 at 10:00am. SO ORDERED ( Sentencing set for 1/16/2020 at 10:00 AM before Judge Andrew L. Carter Jr) (Signed by Judge Andrew L. Carter, Jr on 10/25/19)(jw) (Entered: 10/25/2019)
10/24/2019
  • Motionby Δ
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Megan W. Benett dated 10/24/2019 re: adjourn sentencing . Document filed by David Taylor. (Benett, Megan) (Entered: 10/24/2019)
10/21/2019SENTENCING SUBMISSION by USA as to Vito Gallicchio. (Rodriguez, Justin) (Entered: 10/21/2019)
10/21/2019CONSENT PRELIMINARY ORDER OF FORFEITURE / MONEY JUDGMENT as to Daniel Garcia. IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Geoffrey S. Berman, United States Attorney, Assistant United States Attorneys Justin V. Rodriguez, Kiersten A. Fletcher, and Nicolas Roos of counsel, and the Defendant, and his counsel, Xavier Donaldson, Esq., that: As a result of the offense charged in Count One of the Indictment, to which the Defendant pied guilty, a money judgment in the amount of $315,000.00 in United States currency (the "Money Judgment"), representing the proceeds traceable to the offense charged in Count One of the Indictment that the Defendant personally obtained, shall be entered against the Defendant. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Consent Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant, DANIEL GARCIA, and shall be deemed part of the sentence of the Defendant, and shall be included in the judgment of conviction therewith. The Clerk of the Court shall forward three certified copies of this Consent Preliminary Order of Forfeiture/Money Judgment to Assistant United States Attorney Alexander.Wilson, Co-Chief, Money Laundering and Transnational Criminal Enterprises Unit, UnitedStates Attorney's Office, One St. Andrew's Plaza, New York, New York 10007. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/8/19) [Certified copies sent to AUSA.] (jbo) (Entered: 10/21/2019)
10/16/2019 LETTER by Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Irving Cohen dated October 16, 2019 re: Fatico Submission (Cohen, Irving) (Entered: 10/16/2019)
10/11/2019
  • Order
MEMO ENDORSED as to Vito Gallicchio re: 201 Letter on Fatico Request for Extension...ENDORSEMENT: The application is granted. (Signed by Judge Andrew L. Carter, Jr on 10/11/19)(jbo) (Entered: 10/11/2019)
10/10/2019
  • Order
ORDER as to Nicholas Avicolli( Sentencing set for 11/25/2019 at 10:30 AM before Judge Andrew L. Carter Jr..) The sentencing scheduled for October 10, 2019 is adjourned to November 25, 2019 at 10:30am. (Signed by Judge Andrew L. Carter, Jr on 10/10/2019)(jw) (Entered: 10/10/2019)
10/9/2019 LETTER by Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Irving Cohen dated October 9, 2019 re: Fatico Request for Extension (Cohen, Irving) (Entered: 10/09/2019)
10/8/2019Minute Entry for proceedings held before Judge Andrew L. Carter, Jr.: Sentencing held on 10/8/2019 for Daniel Garcia (3) Count 1s. Defendant Daniel Garcia appears with attorney Xavier Donaldson. AUSA Kiersten Fletcher for the Government. Plea ACCEPTED. Imprisonment: 36 Months. Supervised Release: 3 Years. Special Assessment: $100.00. Defendant remains in custody. See transcript for complete details. Court Reporter: Andrew Walker. (bw) (Entered: 10/21/2019)
10/7/2019Sentencing Letter by Daniel Garcia addressed to Judge Andrew L. Carter from Xavier R. Donaldson dated October 7, 2019 re: Sentencing Supplement. (Donaldson, Xavier) (Entered: 10/07/2019)
10/2/2019SENTENCING SUBMISSION by USA as to Daniel Garcia. (Attachments: # 1 Exhibit Order of Forfeiture)(Rodriguez, Justin) (Entered: 10/02/2019)
10/1/2019SENTENCING SUBMISSION by USA as to Vito Gallicchio. (Fletcher, Kiersten) (Entered: 10/01/2019)
10/1/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Vito Gallicchio. Notice is hereby given that an official transcript of a Hearing proceeding held on 9/24/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/01/2019)
10/1/2019TRANSCRIPT of Proceedings as to Vito Gallicchio re: Hearing held on 9/24/19 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/22/2019. Redacted Transcript Deadline set for 11/1/2019. Release of Transcript Restriction set for 12/30/2019. (McGuirk, Kelly) (Entered: 10/01/2019)
10/1/2019SENTENCING SUBMISSION by Daniel Garcia. (Donaldson, Xavier) (Entered: 10/01/2019)
9/24/2019Set/Reset Deadlines/Hearings as to Vito Gallicchio: Brief due by 10/1/2019. Replies due by 10/16/2019. Responses due by 10/10/2019. Sentencing set for 10/29/2019 at 11:00 AM before Judge Andrew L. Carter Jr. (jbo) (Entered: 09/24/2019)
9/24/2019Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Fatico Hearing as to Vito Gallicchio held on 9/24/2019. Defendant Vito Gallicchio appears with attorneys Irving Cohen and Chanel Sochacki. AUSA Kiersten Fletcher and AUSA Justin Rodriguez for the Government. Detective Matthew Del Rosario present. Marium Dar, Paralegal present. Government's Brief Due: 10/1/19. Defendant's Response Due: 10/10/19. Government's Reply Due: 10/16/19. Sentencing set for 10/29/19 at 11:00 a.m. Defendant remains in custody. See transcript for complete details. Court Reporter: Khris Sellin. (jbo) (Entered: 09/24/2019)
9/20/2019Set/Reset Hearings as to Daniel Garcia: Sentencing set for 10/8/2019 at 11:00 AM before Judge Andrew L. Carter Jr. (jbo) (Entered: 09/20/2019)
9/20/2019
  • Order
ORDER as to Daniel Garcia. The sentencing scheduled for September 25, 2019 is adjourned to October 8, 2019 at 11:00 a.m. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/20/19)(jbo) (Entered: 09/20/2019)
9/12/2019
  • Order
ORDER as to Vito Gallicchio ( Fatico Hearing set for 9/24/2019 at 09:30 AM before Judge Andrew L. Carter Jr) The fatico hearing is adjourned to September 24, 2019 at 9:30 a.m. (Signed by Judge Andrew L. Carter, Jr on 9/12/19)(jw) (Entered: 09/12/2019)
9/11/2019
  • Motion for Protective Order
PROTECTIVE ORDER as to Vito Gallicchio...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Andrew L. Carter, Jr on 9/11/2019)(jw) (Entered: 09/11/2019)
9/11/2019 LETTER by Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Irving Cohen dated September 11, 2019 re: Fatico Hearing (Cohen, Irving) (Entered: 09/11/2019)
9/6/2019Sentencing Letter by USA as to Vito Gallicchio addressed to Judge Andrew L. Carter from Nicolas Roos dated September 6, 2019 re: Vito Gallicchio Fatico Hearing. (Roos, Nicolas) (Entered: 09/06/2019)
8/20/2019189SEALED DOCUMENT placed in vault. (rz) (Entered: 08/20/2019)
8/15/2019ENDORSED LETTER as to (17-Cr-390-01) David Taylor addressed to Judge Andrew L. Carter, Jr. from Attorney Megan W. Benett dated August 8, 2019 re: submitted to ask that this Court adjourn the sentencing that is currently scheduled for September 12, 2019. ENDORSEMENT: Application granted. Sentencing adjourned to 11-13-19 at 10:00 a.m. So Ordered. (Signed by Judge Andrew L. Carter, Jr. on 8/15/2019)(bw) (Entered: 08/15/2019)
8/8/2019
  • Motionby Δ
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Megan W. Benett dated 08/08/2019 re: Adjourn Sentencing . Document filed by David Taylor. (Benett, Megan) (Entered: 08/08/2019)
8/2/2019186SEALED DOCUMENT placed in vault. (rz) (Entered: 08/02/2019)
7/18/2019
  • OrderGranted
MEMO ENDORSED granting 183 LETTER MOTION Postponement of Sentence as to Daniel Garcia (3)...ENDORSEMENT: Application granted. Sentencing adjourned to 9/25/19 at 10am. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/17/19) (jbo) (Entered: 07/18/2019)
7/17/2019Set/Reset Hearings as to Daniel Garcia: Sentencing set for 9/25/2019 at 10:00 AM before Judge Andrew L. Carter Jr. (jbo) (Entered: 07/18/2019)
7/16/2019
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Xavier R. Donaldson dated July 12, 2019 re: Postponement of Sentence . Document filed by Daniel Garcia. (Donaldson, Xavier) (Entered: 07/16/2019)
7/15/2019Set/Reset Deadlines/Hearings as to Nicholas Avicolli: Sentencing set for 10/10/2019 at 11:30 AM before Judge Andrew L. Carter Jr. (jw) (Entered: 07/15/2019)
7/15/2019
  • OrderGranted
MEMO ENDORSEMENT granting 180 LETTER MOTION Reschedule Sentencing as to Nicholas Avicolli...ENDORSEMENT...Application granted. Sentencing adjourned to 10/10/19 at 11:30am. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/15/19) (jw) (Entered: 07/15/2019)
7/15/2019NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Daniel Garcia: Notice to Attorney Donaldson, Xavier to RE-FILE Document 181 MOTION to Postpone Sentencing. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 07/15/2019)
7/12/2019 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Postpone Sentencing . Document filed by Daniel Garcia. (Donaldson, Xavier) Modified on 7/15/2019 (ka). (Entered: 07/12/2019)
7/12/2019CONSENT LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Nicholas Kaizer dated 7/12/2019 re: Adjourn Sentence . Document filed by Nicholas Avicolli. (Kaizer, Nicholas) (Entered: 07/12/2019)
6/25/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Vito Gallicchio. Notice is hereby given that an official transcript of a Conference proceeding held on 5/21/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 06/25/2019)
6/25/2019TRANSCRIPT of Proceedings as to Vito Gallicchio re: Conference held on 5/21/19 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/16/2019. Redacted Transcript Deadline set for 7/26/2019. Release of Transcript Restriction set for 9/23/2019. (McGuirk, Kelly) (Entered: 06/25/2019)
6/14/2019176SEALED DOCUMENT placed in vault. (mhe) (Entered: 06/14/2019)
6/12/2019Set/Reset Hearings as to Daniel Garcia: Sentencing set for 7/22/2019 at 10:00 AM before Judge Andrew L. Carter Jr. (jbo) (Entered: 06/12/2019)
6/12/2019ENDORSED LETTER as to Daniel Garcia addressed to Judge Andrew L. Carter, Jr. from defense counsel Xavier Donaldson dated 6/11/19 re: sentencing to be adjourned...ENDORSEMENT: Application granted. Sentencing adjourned to 7/22/19 at 10am. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/12/19)(jbo) (Entered: 06/12/2019)
5/23/2019174SEALED DOCUMENT placed in vault. (mhe) (Entered: 05/23/2019)
5/21/2019Minute Entry for proceedings held before Judge Andrew L. Carter, Jr:Status Conference as to Vito Gallicchio held on 5/21/2019 as to Vito Gallicchio( Fatico Hearing set for 9/17/2019 at 09:30 AM before Judge Andrew L. Carter Jr..) Deft Vito Gallicchio appears with attys Irvin Cohen and Chanel Sochacki. AUSA Kiersten Fletcher and AUSA Justin Rodriguez for Government. Sentencing adjourned without a date. Fatico hearing set for 9/17/2019 at 9;30am. Defendant remains in custody. See transcript for complete details. Court reporter Kelly Surina. (jw) (Entered: 05/23/2019)
5/20/2019ENDORSED LETTER as to (17-Cr-390-1) David Taylor addressed to Judge Andrew L. Carter, Jr. from Attorney Megan W. Benett dated May 17, 2019 re: submitted to ask that this Court adjourn the sentencing that is currently scheduled for July 8, 2019. ENDORSEMENT: Application granted. Sentencing adjourned to 9-12-19 at 3:30 p.m. So Ordered. (Signed by Judge Andrew L. Carter, Jr. on 5/20/2019)(bw) (Entered: 05/20/2019)
5/17/2019
  • Motionby Δ
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Megan W. Benett dated 05/17/2019 re: adjourn sentencing . Document filed by David Taylor. (Benett, Megan) (Entered: 05/17/2019)
5/14/2019SENTENCING SUBMISSION by USA as to Vito Gallicchio. (Fletcher, Kiersten) (Entered: 05/14/2019)
5/9/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Don Michael Carim. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/8/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/09/2019)
5/9/2019TRANSCRIPT of Proceedings as to Don Michael Carim re: Sentence held on 4/8/19 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/30/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/7/2019. (McGuirk, Kelly) (Entered: 05/09/2019)
5/7/2019SENTENCING SUBMISSION by Vito Gallicchio. (Attachments: # 1 Gallicchio Letter to Judge (typed and original), # 2 Gallicchio Character Reference Letters, # 3 Gallicchio Mitigation Report, # 4 Gallicchio Award)(Cohen, Irving) (Entered: 05/07/2019)
5/6/2019
  • Order
MEMO ENDORSED on 164 Letter re: Adjournment of Sentencing as to Daniel Garcia...ENDORSEMENT: Application granted. Sentencing adjourned to 6/14/19 at 10am. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/6/19)(jbo) (Entered: 05/06/2019)
5/3/2019 LETTER by Daniel Garcia addressed to Judge Andrew L. Carter, Jr. from Xavier R. Donaldson re: Adjournment of Sentencing (Donaldson, Xavier) (Entered: 05/03/2019)
4/29/2019NOTICE of Change of Address as to Vito Gallicchio. New Address: Irving Cohen, Attorney-At-Law, 225 Broadway, Suite 2700, New Yoek, New York, United States 10007, 212-964-2544. (Cohen, Irving) (Entered: 04/29/2019)
4/17/2019Set/Reset Hearings as to David Taylor: Sentencing set for 7/8/2019 at 11:30 AM before Judge Andrew L. Carter Jr. (jbo) (Entered: 04/17/2019)
4/17/2019MEMO ENDORSED granting 160 LETTER MOTION case update and scheduling sentencing as to David Taylor (1)...ENDORSEMENT: Application granted. Sentencing adjourned to 7/8/19 at 11:30 am. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/17/19) (jbo) (Entered: 04/17/2019)
4/11/2019ENDORSED LETTER as to (17-Cr-390-2) Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Attorney Irving Cohen dated April 8, 2019 re: submitted to request approximately a one-month adjournment of the sentencing currently scheduled for April 23, 2019 at 10:00 a.m. ENDORSEMENT: Application granted. Sentencing adjourned 5-21-19 at 10:00 a.m. So Ordered. (Signed by Judge Andrew L. Carter, Jr. on 4/11/2019)(bw) (Entered: 04/11/2019)
4/10/2019
  • Motionby Δ
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Megan W. Benett dated April 10, 2019 re: case update and scheduling sentencing . Document filed by David Taylor. (Benett, Megan) (Entered: 04/10/2019)
4/8/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor. Notice is hereby given that an official transcript of a Conference proceeding held on 3/7/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/08/2019)
4/8/2019TRANSCRIPT of Proceedings as to David Taylor re: Conference held on 3/7/19 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/29/2019. Redacted Transcript Deadline set for 5/9/2019. Release of Transcript Restriction set for 7/8/2019. (McGuirk, Kelly) (Entered: 04/08/2019)
4/8/2019
  • Motion for Judgment
JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 4/8/2019. Defendant Don Michael Carim (7) pleaded guilty to Count(s) 1, of the (S4) Superseding Indictment. Imprisonment: TIME SERVED. Supervised Release: 3 Years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision: -The Defendant shall be supervised by the district of residence. -The Defendant shall perform 120 hours of community service, to be approved by the Probation Officer. -The Defendant shall participate in an inpatient and/or outpatient mental health and substance abuse program approved by the U.S. Probation Office. The Defendant shall contribute to the costs of services rendered not covered by third-party payment, if the Defendant has the ability to pay. ASSESSMENT: $100.00, due immediately. -The defendant shall forfeit the defendant's interest in the following property to the United States: all property real and personal, involved in the offense or traceable to such property, including $24,750. (Signed by Judge Andrew L. Carter, Jr. on 4/8/2019)(bw) (Entered: 04/08/2019)
4/8/2019Minute Entry for proceedings held before Judge Andrew L. Carter, Jr.: Sentencing held on 4/8/2019 for Don Michael Carim (7) Count 1. Defendant Don Michael Carim appears with attorney Guy Oskenhendler. AUSA Kiersten Fletcher for the Government. DEA Special Agent, Kenneth Mc Grail present. Sentence: TIME SERVED. Supervised Release: 3 Years. Special Assessment: $100.00. Forfeiture: $24,750. See transcript for complete details. Court Reporter: Steven Griffing. (bw) (Entered: 04/08/2019)
4/8/2019 LETTER by Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Irving Cohen, Esq. dated April 8, 2019 re: Sentencing (Cohen, Irving) (Entered: 04/08/2019)
4/4/2019Set/Reset Hearings as to Daniel Garcia: Sentencing set for 5/9/2019 at 11:00 AM before Judge Andrew L. Carter Jr. (ap) (Entered: 04/04/2019)
4/4/2019
  • OrderGranted
MEMO ENDORSEMENT as to Daniel Garcia (3) granting 154 MOTION to Postpone Sentencing. ENDORSEMENT: The application is granted. Sentencing adjourned to 5-9-19 at 11:00 a.m. So Ordered. (Signed by Judge Andrew L. Carter, Jr. on 4/4/2019) (ap) (Entered: 04/04/2019)
4/2/2019
  • Motion
MOTION to Postpone Sentencing . Document filed by Daniel Garcia. (Donaldson, Xavier) (Entered: 04/02/2019)
4/1/2019SENTENCING SUBMISSION by USA as to Don Michael Carim. (Rodriguez, Justin) (Entered: 04/01/2019)
4/1/2019152SEALED DOCUMENT placed in vault. (rz) (Entered: 04/01/2019)
3/25/2019SENTENCING SUBMISSION by Don Michael Carim. (Oksenhendler, Guy) (Entered: 03/25/2019)
3/22/2019
  • OrderGranted
MEMO ENDORSED granting 149 LETTER MOTION re: Request to Travel on Consent as to Don Michael Carim (7)...ENDORSEMENT: The application is granted. (Signed by Judge Andrew L. Carter, Jr on 3/22/19) (jbo) (Entered: 03/22/2019)
3/21/2019
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Guy Oksenhendler, Esq. dated March 21, 2019 re: Request to Travel on Consent . Document filed by Don Michael Carim. (Oksenhendler, Guy) (Entered: 03/21/2019)
3/20/2019
  • Order
ORDER as to (17-Cr-390-04) Nicholas Avicolli. The May 1, 2019 sentencing is adjourned to July 26, 2019 at 10:00 a.m. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr. on 3/20/2019)(bw) (Entered: 03/20/2019)
3/13/2019Attorney update in case as to David Taylor (1). Attorney Megan Wolfe Benett for David Taylor added. Attorney Charles F. Carnesi terminated. (bw) (Entered: 03/13/2019)
3/13/2019
  • Order
ORDER as to (17-Cr-390-01) David Taylor. The attorney retained in this case, Charles F. Carnesi is hereby ordered substituted and the representation of the defendant in the above captioned matter is assigned to Megan Wolfe Benett. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr. on 3/7/2019)(bw) (Entered: 03/13/2019)
3/7/2019Minute Entry for proceedings held before Judge Andrew L. Carter, Jr:Status Conference as to David Taylor held on 3/7/2019 as to David Taylor. Defendant David Taylor present. AUSA Nicolas Roos for the Government. CJA Megan Wolfe Benett appointed as counsel for the defendant. Joint Status Report due 4/10/19. Notice of Appearance due 4/10/19. Sentencing adjourned without a date. Defendant remains in custody. See transcript for complete details. Court Reporter: Carol Ganley. (jw) (Entered: 03/13/2019)
3/7/2019Attorney update in case as to (17-Cr-390-01) David Taylor. Attorney Megan Wolfe Benett for David Taylor added. (bw) (Entered: 03/12/2019)
3/7/2019145CJA 23 Financial Affidavit by (17-Cr-390-01) David Taylor. APPROVED: (Signed by Judge Andrew L. Carter, Jr. on 3/7/2019); Attorney Megan Benett. (bw) (Entered: 03/12/2019)
3/5/2019ENDORSED LETTER as to (S4-17-Cr-390-01) David Taylor addressed to Judge Andrew L. Carter, Jr. from AUSA Justin V. Rodriguez dated March 1, 2019 re: It is with great sadness that the Government writes to inform the Court that Charles Carnesi, Esq., counsel for defendant David Taylor, passed away on February 27, 2019. The defendant's sentencing is currently scheduled for April 5, 2019. The Government requests that the Court schedule a conference as soon as possible to determine the defendant's eligibility for court-appointed counsel. ENDORSEMENT: Status conference set for 3-7-19 at 4:00 p.m. So Ordered. (Signed by Judge Andrew L. Carter, Jr. on 3/5/2019)(bw) (Entered: 03/05/2019)
3/1/2019Set/Reset Hearings as to Daniel Garcia: Sentencing set for 4/10/2019 at 10:00 AM before Judge Andrew L. Carter Jr. (jbo) (Entered: 03/01/2019)
3/1/2019
  • OrderGranted
MEMO ENDORSED granting 141 LETTER MOTION re: Sentencing adjournment as to Daniel Garcia (3)...ENDORSEMENT: The application is granted. Sentencing adjourned to April 10, 2019 at 10am. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/1/19) (jbo) (Entered: 03/01/2019)
3/1/2019
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Justin V. Rodriguez dated March 1, 2019 re: Conference for Appointment of Counsel . Document filed by USA as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli, Lawrence Montalbano, Leonard Danzi, Don Michael Carim, Michael Farley. (Rodriguez, Justin) (Entered: 03/01/2019)
2/27/2019
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Xavier R. Donaldson dated 02/27/2019 re: Sentencing adjournment . Document filed by Daniel Garcia. (Donaldson, Xavier) (Entered: 02/27/2019)
2/22/2019140SEALED DOCUMENT placed in vault. (mhe) (Entered: 02/22/2019)
2/13/2019
  • Order
ORDER as to Lawrence Montalbano. The April 30, 2019 sentencing is adjourned to June 17, 2019 at 10am. (Sentencing set for 6/17/2019 at 10:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 2/13/19)(jbo) (Entered: 02/13/2019)
2/12/2019
  • Order
MEMO ENDORSED granting 132 Letter requesting approval to use a mitigation specialist as to Vito Gallicchio...ENDORSEMENT: This application is granted. (Signed by Judge Andrew L. Carter, Jr on 2/12/19)(jbo) (Entered: 02/12/2019)
2/8/2019
  • Order
ORDER as to (17-Cr-390-04) Nicholas Avicolli. Due to a conflict on the Court's calendar, the April 2, 2019 sentencing is adjourned to May 1, 2019 at 2:00 p.m. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr. on 2/8/2019)(bw) (Entered: 02/08/2019)
2/6/2019
  • Order
ORDER as to (17-Cr-390-07) Don Michael Carim. The sentencing set for February 28, 2019 is adjourned to April 8, 2019 at 10:00 a.m. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr. on 2/6/2019)(bw) (Entered: 02/06/2019)
1/29/2019 LETTER by Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Irving Cohen, Esq. dated January 29, 2019 re: Mitigation Specialist (Attachments: # 1 Thea Krulwich, LMSW - CV)(Cohen, Irving) (Entered: 01/29/2019)
1/25/2019ENDORSED LETTER as to (17-Cr-390-02) Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Attorney Irving Cohen dated January 18, 2019 re: By this letter, I am requesting that the sentencing of Mr. Gallicchio be postponed for approximately six weeks. Sentencing is presently set for March 8, 2019 at 10 AM. ENDORSEMENT: Application granted. Sentencing adjourned to 4-23-19 at 10:00 a.m. So Ordered. (Signed by Judge Andrew L. Carter, Jr. on 1/25/2019)(bw) (Entered: 01/25/2019)
1/18/2019 LETTER by Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Irving Cohen, Esq. dated January 18, 2019 re: Postpone Sentence (Cohen, Irving) (Entered: 01/18/2019)
1/14/2019Change of Not Guilty Plea to Guilty Plea as to Michael Farley (8) Count 1,2. (jbo) (Entered: 01/17/2019)
1/14/2019Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Change of Plea Hearing as to Michael Farley held on 1/14/2019. Plea entered by Michael Farley (8) Guilty as to Count 1,2. Defendant present with counsel Richard Signorelli. A.U.S.A. - Kiersten Fletcher present for the Government. Defendant withdraws plea of not guilty and enters a plea of Guilty to Counts #1 & #2. Mag. Judge Pitman recommends that District Judge Carter accept the plea. Court reporter present. (jbo) (Entered: 01/17/2019)
1/14/2019WAIVER OF INDICTMENT by Michael Farley. (Filed under seal on 11/9/17) (jm) (Entered: 01/15/2019)
1/14/2019CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Michael Farley. (jm) (Entered: 01/15/2019)
1/14/2019PRB Bond Entered as to Michael Farley in amount of $ 25,000 prb; travel restricted to SDNY/EDNY/DNJ; surrender travel documents & no new applications; defendant not to possess firearm/destructive device/other weapon. Defendant to be released on own signature. (jm) (Entered: 01/15/2019)
1/14/2019Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman:Initial Appearance as to Michael Farley held on 1/14/2019. Defendant is present with attorney Signorelli; AUSA Fletcher is also present. Defendant is to be released as follows: $25,000 PRB; travel restricted to SDNY/EDNY/DNJ; surrender travel documents & no new applications; defendant not to possess firearm/destructive device/other weapon. Defendant to be released on own signature. (**Originally filed on 11/9/17 and unsealed on 1/14/19**) (jm) (Entered: 01/15/2019)
1/14/2019Arrest/Suirrender of Michael Farley. (jm) (Entered: 01/15/2019)
1/14/2019S(2) INFORMATION (Felony) filed as to Michael Farley (8) count(s) 1, 2. (Filed under seal on 11/9/17) (jm) (Entered: 01/15/2019)
1/14/2019
  • Order
ORDER as to Michael Farley unsealing the S(4) (email of 1/15/19 confirms it should be the S(2) superseding information and establishing a sentencing date As to Michael Farley( Sentencing set for 5/13/2019 at 10:00 AM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 1/14/19)(jm) (Entered: 01/15/2019)
1/14/2019
  • OrderGranted
MEMO ENDORSED granting 122 LETTER MOTION requesting bail modification eliminating requirement of random or other drug testing as to Lawrence Montalbano (5)...ENDORSEMENT: The application is granted. (Signed by Judge Andrew L. Carter, Jr on 1/14/19) (jbo) (Entered: 01/14/2019)
1/10/2019
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from William J. Stampur dated 1/10/2019 re: Bail Conditions . Document filed by Lawrence Montalbano. (Stampur, William) (Entered: 01/10/2019)
1/9/2019
  • Order
MEMO ENDORSEMENT as to Nicholas Avicolli on letter requesting adjournment of sentencing. Judge Carter grants the application and moves the sentencing to 10/3/18 at 2:00 PM. (Originally filed under seal on 4/12/18) (Signed by Judge Andrew L. Carter, Jr on 4/12/18)(jm) (Entered: 02/05/2019)
1/9/2019ENDORSED LETTER as to Nicholas Avicolli addressed to Judge Andrew L. Carter, Jr. from AUSAs Fletcher, Roos and Rodriguez dated 12/19/18 re: unsealing and ordering of Presentence Report.ENDORSEMENT: Application Granted: The docket entries shall be unsealed, presentence report shall be ordered and the April 2, 2019 control date shall be converted into the date for sentencing. (Signed by Judge Andrew L. Carter, Jr on 12/20/18)(jm) (Entered: 02/05/2019)
1/8/2019
  • Order
ORDER as to Daniel Garcia: ORDERED, that the defendant is remanded to the custody of the United States Marshal. The Defendant shall surrender to the United States Marshal for this district at 10:00 a.m. on January 10, 2019. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/8/2019) (lnl) (Entered: 01/10/2019)
1/8/2019Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Status Conference as to Daniel Garcia held on 1/8/2019. Defendant Daniel Garcia appears with attorney Xavier Donaldson. AUSA Kiersten Fletcher for the Government. Defendant remanded. The Defendant shall surrender to the U.S. Marshal for this district at 10:00 a.m. on January 10, 2019. See transcript for complete details. Court Reporter: Rose Prater. (jbo) (Entered: 01/09/2019)
12/20/2018Set/Reset Hearings as to Daniel Garcia: Status Conference set for 1/8/2019 at 12:30 PM before Judge Andrew L. Carter Jr. (ap) (Entered: 12/20/2018)
12/20/2018
  • Order
MEMO ENDORSEMENT as to Daniel Garcia (3) terminating 117 LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Kiersten A. Fletcher dated December 19, 2018 re: Scheduling and Bail. ENDORSEMENT: Status conference re: Daniel Garcia set for January 8, 2019 at 12:30 p.m. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 12/20/2018) (ap) (Entered: 12/20/2018)
12/19/2018
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Kiersten A. Fletcher dated December 19, 2018 re: Scheduling and Bail . Document filed by USA as to Daniel Garcia, Lawrence Montalbano, Don Michael Carim. (Fletcher, Kiersten) (Entered: 12/19/2018)
12/11/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor. Notice is hereby given that an official transcript of a Trial proceeding held on 12/6/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/11/2018)
12/11/2018TRANSCRIPT of Proceedings as to David Taylor re: Trial held on 12/6/18 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2019. Redacted Transcript Deadline set for 1/11/2019. Release of Transcript Restriction set for 3/11/2019. (McGuirk, Kelly) (Entered: 12/11/2018)
12/11/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor. Notice is hereby given that an official transcript of a Trial proceeding held on 12/4/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/11/2018)
12/11/2018TRANSCRIPT of Proceedings as to David Taylor re: Trial held on 12/4/18 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2019. Redacted Transcript Deadline set for 1/11/2019. Release of Transcript Restriction set for 3/11/2019. (McGuirk, Kelly) (Entered: 12/11/2018)
12/11/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor. Notice is hereby given that an official transcript of a Trial proceeding held on 11/30/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/11/2018)
12/11/2018TRANSCRIPT of Proceedings as to David Taylor re: Trial held on 11/30/18 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2019. Redacted Transcript Deadline set for 1/11/2019. Release of Transcript Restriction set for 3/11/2019. (McGuirk, Kelly) (Entered: 12/11/2018)
12/11/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor. Notice is hereby given that an official transcript of a Trial proceeding held on 11/29/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/11/2018)
12/11/2018TRANSCRIPT of Proceedings as to David Taylor re: Trial held on 11/29/18 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2019. Redacted Transcript Deadline set for 1/11/2019. Release of Transcript Restriction set for 3/11/2019. (McGuirk, Kelly) (Entered: 12/11/2018)
12/11/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor. Notice is hereby given that an official transcript of a Trial proceeding held on 11/28/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/11/2018)
12/11/2018TRANSCRIPT of Proceedings as to David Taylor re: Trial held on 11/28/18 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2019. Redacted Transcript Deadline set for 1/11/2019. Release of Transcript Restriction set for 3/11/2019. (McGuirk, Kelly) (Entered: 12/11/2018)
12/11/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor. Notice is hereby given that an official transcript of a Trial proceeding held on 11/27/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/11/2018)
12/11/2018TRANSCRIPT of Proceedings as to David Taylor re: Trial held on 11/27/18 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2019. Redacted Transcript Deadline set for 1/11/2019. Release of Transcript Restriction set for 3/11/2019. (McGuirk, Kelly) (Entered: 12/11/2018)
12/11/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor. Notice is hereby given that an official transcript of a Trial proceeding held on 11/26/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/11/2018)
12/11/2018TRANSCRIPT of Proceedings as to David Taylor re: Trial held on 11/26/18 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2019. Redacted Transcript Deadline set for 1/11/2019. Release of Transcript Restriction set for 3/11/2019. (McGuirk, Kelly) (Entered: 12/11/2018)
12/6/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Jury Trial as to David Taylor held on 12/6/2018. Defendant David Taylor appears with attorney Charles Carnesi. AUSA Kiersten Fletcher, AUSA Justin Rodriguez and AUSA Nicolas Roos for the Government. Jury reached a verdict. Jury discharged. Defendant remanded. See transcript for complete details. Court Reporter: Jennifer Thun. (jbo) (Entered: 12/20/2018)
12/6/2018
  • Order
ORDER as to David Taylor. IT IS ORDERED, that the defendant is hereby remanded to the custody of the US Marshal. (Signed by Judge Andrew L. Carter, Jr on 12/6/2018)(jw) (Entered: 12/06/2018)
12/4/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr:Jury Trial as to David Taylor held on 12/4/2018 as to David Taylor( Jury Trial set for 12/6/2018 at 09:30 AM before Judge Andrew L. Carter Jr) Defendant David Taylor appears with attorney Charles Carnesi. AUSA Kiersten Fletcher, AUSA Justin Rodriguez and AUSA Nicolas Roos for the Government. Jury charged. Jury deliberations begin. Court adjourned to 12/6/18 at 9:30 a.m. All bail conditions remain in effect. See transcript for complete details. Court Reporters: Jennifer Thun and Sam Mauro (jw) (Entered: 12/19/2018)
11/30/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Jury Trial as to David Taylor held on 11/30/2018. Defendant David Taylor appears with attorney Charles Carnesi. AUSA Kiersten Fletcher, AUSA Justin Rodriguez and AUSA Nicolas Roos for the Government. Rosanna Corrado, Paralegal. Evidence entered. Court adjourned to 12/4/18 at 9:30 a.m. All bail conditions remain in effect. See transcript for complete details. Court Reporters: Jennifer Thun and Sam Mauro. (jbo) (Entered: 12/03/2018)
11/29/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Jury Trial as to David Taylor held on 11/29/2018. Defendant David Taylor appears with attorney Charles Carnesi. AUSA Kiersten Fletcher, AUSA Justin Rodriguez and AUSA Nicolas Roos for the Government. Rosanna Corrado, Paralegal. Evidence entered. Court adjourned to 11/30/18 at 9:30 a.m. All bail conditions remain in effect. See transcript for complete details. Court Reporters: Jennifer Thun and Sam Mauro. (jbo) (Entered: 12/03/2018)
11/29/2018 LETTER by USA as to David Taylor addressed to Judge Andrew L. Carter, Jr. from Nicolas Roos dated November 29, 2018 re: Conscious Avoidance Instruction Document filed by USA. (Roos, Nicolas) (Entered: 11/29/2018)
11/28/2018Set/Reset Deadlines/Hearings as to David Taylor: Jury Trial set for 11/29/2018 at 09:30 AM before Judge Andrew L. Carter Jr (jw) (Entered: 12/03/2018)
11/28/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr:Jury Trial as to David Taylor held on 11/28/2018. Defendant David Taylor appears with attorney Charles Carnesi. AUSA Kiersten Fletcher, AUSA Justin Rodriguez and AUSA Nicolas Roos for the Government. Rosanna Corrado, Paralegal. Evidence entered. Court adjourned to 11/29/18 at 9:30 a.m. All bail conditions remain in effect. See transcript for complete details. Court Reporters: Jennifer Thun and Sam Mauro (jw) (Entered: 12/03/2018)
11/28/2018
  • Order
ORDER as to Daniel Garcia: IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. (Signed by Judge Andrew L. Carter, Jr on 11/28/2018) (ap) (Entered: 11/28/2018)
11/28/2018
  • Order
ORDER as to Don Michael Carim: IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. (Signed by Judge Andrew L. Carter, Jr on 11/28/2018) (ap) (Entered: 11/28/2018)
11/28/2018
  • Order
ORDER as to Lawrence Montalbano: IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. (Signed by Judge Andrew L. Carter, Jr on 11/28/2018) (ap) (Entered: 11/28/2018)
11/28/2018NOLLE PROSEQUI ENTERED as to Leonard Danzi. Leonard Danzi (6) Count 1. (Signed by Judge Andrew L. Carter, Jr on 11/28/2018) (ap) (Entered: 11/28/2018)
11/27/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Jury Trial as to David Taylor held on 11/27/2018. Defendant David Taylor appears with attorney Charles Carnesi. AUSA Kiersten Fletcher, AUSA Justin Rodriguez and AUSA Nicolas Roos for the Government. Rosanna Corrado, Paralegal. Evidence entered. Court adjourned to 11/27/18 at 9:30 a.m. All bail conditions remain in effect. See transcript for complete details. Court Reporters: Kristen Carannante and Sam Mauro. (jbo) (Entered: 11/28/2018)
11/26/2018Set/Reset Deadlines/Hearings as to David Taylor: Jury Trial set for 11/27/2018 at 09:30 AM before Judge Andrew L. Carter Jr (jw) (Entered: 11/27/2018)
11/26/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr:Voir Dire held on 11/26/2018 as to David Taylor. Defendant David Taylor appears with attorney Charles Carnesi. AUSA Kiersten Fletcher, AUSA Justin Rodriguez and AUSA Nicolas Roos for the Government. Rosanna Corrado, Paralegal. Jury Selection held and completed. Jury trial begins. Court adjourned to 11/27/18 at 9:30 a.m. All bail conditions remain in effect. See transcript for complete details. Court Reporters: Jennifer Thun and Samuel Mauro. (jw) (Entered: 11/27/2018)
11/26/2018 LETTER by USA as to David Taylor addressed to Judge Andrew L. Carter, Jr. from Nicolas Roos dated November 26, 2018 re: Incomplete Hearsay Statement Document filed by USA. (Roos, Nicolas) (Entered: 11/26/2018)
11/14/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor. Notice is hereby given that an official transcript of a Conference proceeding held on 11/8/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/14/2018)
11/14/2018TRANSCRIPT of Proceedings as to David Taylor re: Conference held on 11/8/18 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/5/2018. Redacted Transcript Deadline set for 12/17/2018. Release of Transcript Restriction set for 2/12/2019. (McGuirk, Kelly) (Entered: 11/14/2018)
11/9/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lawrence Montalbano. Notice is hereby given that an official transcript of a Plea proceeding held on 10/31/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/09/2018)
11/9/2018TRANSCRIPT of Proceedings as to Lawrence Montalbano re: Plea held on 10/31/18 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/30/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/7/2019. (McGuirk, Kelly) (Entered: 11/09/2018)
11/8/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pretrial Conference as to David Taylor held on 11/8/2018. Defendant David Taylor appears with attorney Charles F. Carnesi. AUSA Kiersten Fletcher, AUSA Justin Rodriguez and AUSA Nicolas Landsman Roos for the Government. Jury Selection and Trial adjourned to 11/26/18 at 9:30 a.m. Time excluded from 11/8/18 to 11/26/18 in the interest of justice. All bail conditions remain in effect. See transcript for complete details. Court Reporter: Tom Murray. (Jury Trial set for 11/26/2018 at 09:30 AM before Judge Andrew L. Carter Jr.) (jbo) (Entered: 11/13/2018)
11/7/2018 LETTER by USA as to David Taylor addressed to Judge Andrew L. Carter, Jr. from Nicolas Roos dated November 7, 2018 re: Defendant's Motion to Preclude Expert Testimony [ECF No. 86] Document filed by USA. (Roos, Nicolas) (Entered: 11/07/2018)
11/7/2018***DELETED DOCUMENT. Deleted document number 91 ORDER, as to David Taylor. The document was incorrectly filed in this case. (bw) (Entered: 11/07/2018)
11/7/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Daniel Garcia. Notice is hereby given that an official transcript of a Plea proceeding held on 11/2/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/07/2018)
11/7/2018TRANSCRIPT of Proceedings as to Daniel Garcia re: Plea held on 11/2/18 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/5/2019. (McGuirk, Kelly) (Entered: 11/07/2018)
11/7/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Don Michael Carim. Notice is hereby given that an official transcript of a Plea proceeding held on 10/29/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/07/2018)
11/7/2018TRANSCRIPT of Proceedings as to Don Michael Carim re: Plea held on 10/29/18 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/5/2019. (McGuirk, Kelly) (Entered: 11/07/2018)
11/5/2018 LETTER by David Taylor addressed to Judge Andrew L. Carter, Jr. from Charles Carnesi dated November 5, 2018 re: Government's Motions In Limine and Proposed Expert Testimony (Carnesi, Charles) (Entered: 11/05/2018)
11/5/2018NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to David Taylor: Notice to Attorney Carnesi, Charles to RE-FILE Document 85 Response in Opposition to Motion. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 11/05/2018)
11/5/2018 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition by David Taylor re: 77 MOTION in Limine to Admit Evidence and Testimony.. and to Preclude Expert Testimony (Carnesi, Charles) Modified on 11/5/2018 (ka). (Entered: 11/05/2018)
11/2/2018CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Daniel Garcia. (jm) (Entered: 11/05/2018)
11/2/2018Change of Not Guilty Plea to Guilty Plea as to Daniel Garcia (3) Count 1s. (jbo) (Entered: 11/02/2018)
11/2/2018Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Change of Plea Hearing as to Daniel Garcia held on 11/2/2018. Plea entered by Daniel Garcia (3) Guilty as to Count 1s. Defendant present with Xavier Donaldson. A.U.S.A. Justin Rodriguez present for the government. Court Reporter present. Defendant enters a guilty plea as to Count One. Magistrate Judge Sarah Netburn recommends that District Judge Carter accept the plea. Sentencing date set for 3/5/2019 at 3:30 p.m. before Judge Carter. Bail continued. (Sentencing set for 3/5/2019 at 03:30 PM before Judge Andrew L. Carter Jr.) (jbo) (Entered: 11/02/2018)
11/1/2018Set/Reset Deadlines/Hearings as to David Taylor (1): Pretrial Conference set for 11/8/2018 at 02:00 PM before Judge Andrew L. Carter Jr. [*** NOTE: Refer to Order, doc.#83, filed on 11/1/2018. ***] (bw) (Entered: 11/07/2018)
11/1/2018
  • Order
ORDER as to David Taylor. Due to a conflict on the Court's calendar, the November 8, 2018 final pretrial conference is adjourned 2:00 p.m. (Signed by Judge Andrew L. Carter, Jr on 11/1/18)(jw) (Entered: 11/01/2018)
10/31/2018Change of Not Guilty Plea to Guilty Plea as to Lawrence Montalbano (5) Count 1. (jbo) (Entered: 11/01/2018)
10/31/2018Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Change of Plea Hearing as to Lawrence Montalbano held on 10/31/2018. Plea entered by Lawrence Montalbano (5) Guilty as to Count 1. Defendant present with William Stampur. A.U.S.A. Justin Rodriguez present for the government. Court Reporter present. Defendant enters a guilty plea as to the one-count Indictment. Magistrate Judge Sarah Netburn recommends that District Judge Carter accept the plea. Control date set for April 30, 2019. Bail continued. (jbo) (Entered: 11/01/2018)
10/31/2018CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by (S4-17-Cr-390-05) Lawrence Montalbano. (Accepted by Magistrate Judge Sarah Netburn on 10/31/2018) (bw) (Entered: 10/31/2018)
10/30/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Vito Gallicchio. Notice is hereby given that an official transcript of a Plea proceeding held on 10/18/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/30/2018)
10/30/2018TRANSCRIPT of Proceedings as to Vito Gallicchio re: Plea held on 10/18/18 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/20/2018. Redacted Transcript Deadline set for 11/30/2018. Release of Transcript Restriction set for 1/28/2019. (McGuirk, Kelly) (Entered: 10/30/2018)
10/29/2018Change of Not Guilty Plea to Guilty Plea as to Don Michael Carim (7) Count 1. (jw) (Entered: 10/30/2018)
10/29/2018Minute Entry for proceedings held before Magistrate Judge Sarah Netburn:Change of Plea Hearing as to Don Michael Carim held on 10/29/2018., Plea entered by Don Michael Carim (7) Guilty as to Count 1. Defendant present with Guy Oksenhendler. A.U.S.A. Nicolas Roos present for the government. Court Reporter present. Defendant enters a guilty plea as to Count One of the Indictment. Magistrate Judge Sarah Netburn recommends that District Judge Carter accept the plea. Control date set for February 28, 2019. Bail continued (jw) (Entered: 10/30/2018)
10/29/2018PROPOSED EXAMINATION OF JURORS by USA as to David Taylor. (Roos, Nicolas) (Entered: 10/29/2018)
10/29/2018Request To Charge by USA as to David Taylor. (Roos, Nicolas) (Entered: 10/29/2018)
10/29/2018
  • Motion in Limine to Exclude Evidence
MOTION in Limine to Admit Evidence and Testimony. Document filed by USA as to David Taylor. (Roos, Nicolas) (Entered: 10/29/2018)
10/29/2018NOTICE OF ATTORNEY APPEARANCE Justin Victor Rodriguez appearing for USA. (Rodriguez, Justin) (Entered: 10/29/2018)
10/29/2018CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Don Michael Carim. (jbo) (Entered: 10/29/2018)
10/26/2018
  • Order
ORDER as to (17-Cr-390-02) Vito Gallicchio. ORDERED, that the defendant is hereby remanded to the custody of the United States Marshal. (Signed by Judge Andrew L. Carter, Jr. on 10/18/2018)(bw) (Entered: 10/26/2018)
10/19/2018
  • Order
AMENDED ORDER as to (S4-17-Cr-390-02) Vito Gallicchio. IT IS HEREBY ORDERED That inmate Vito Gallicchio, Reg. No. 91182-054, be provided by the Metropolitan Correctional Center, if housed there, or the Metropolitan Detention Center, if housed there, with the following medications and according to the following schedules: (See this Amended Order for complete details.) SO ORDERED: (Signed by Judge Andrew L. Carter, Jr. on 10/19/2018)(bw) (Entered: 10/19/2018)
10/19/2018
  • Order
ORDER as to (S4-17-Cr-390-02) Vito Gallicchio. That inmate Vito Gallicchio, Reg. No. 91182-054, be provided by the Metropolitan Correctional Center, if housed there, or the Metropolitan Detention Center, if housed there, with the following medications and according to the following schedules: (See this Order for complete details). SO ORDERED: (Signed by Judge Andrew L. Carter, Jr. on 10/18/2018)(bw) (Entered: 10/19/2018)
10/19/2018***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Cohen, Irving as to Vito Gallicchio: to E-MAIL Document, Document No. 70 Order. This document is not filed via ECF. (ka) (Entered: 10/19/2018)
10/18/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr.: Plea entered by Vito Gallicchio (2) Guilty as to Count 1s. (bw) (Entered: 11/05/2019)
10/18/2018Change of Not Guilty Plea to Guilty Plea as to Vito Gallicchio (2) Count 1s. (bw) (Entered: 11/05/2019)
10/18/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr.: Change of Plea Hearing as to (S4-17-Cr-390-02) Vito Gallicchio held on 10/18/2018. Defendant Vito Gallicchio appears with attorneys Irving Cohen and Chanel Sochacki. AUSA Kiersten Fletcher and AUSA Nicolas Landsman Roos for Government. Defendant sworn and advised of his rights. Defendant withdraws his previously entered plea of not guilty and enters a plea of GUILTY to Count 1 of the Indictment. Plea ACCEPTED. Sentencing set for 3/8/19 at 10:00 a.m. PSI ordered. Defendant remanded to the custody of the U.S. Marshal. Governments offense statement for Probation due within 3 weeks. The pre-sentence interview shall be scheduled within 3 weeks. See transcript for complete details. Court Reporter: Lisa Faro. (bw) (Entered: 11/05/2019)
10/18/2018
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Vito Gallicchio. (Signed by Judge Andrew L. Carter, Jr on 10/18/2018)(jw) (Entered: 10/30/2018)
10/18/2018
  • Order
ORDER as to (S4-17-Cr-390-02) Vito Gallicchio. IT IS HEREBY ORDERED That inmate Vito Gallicchio, Reg. No. 91182-054, be seen by the attending medical professionals at the Metropolitan Correctional Center, if housed there, or the Metropolitan Detention Center, if housed there. Below is a list of medication that Mr. Gallicchio was previously provided. He should be prescribed any medication that is appropriate for his present circumstances. (See this Order for complete details.) SO ORDERED: (Signed by Judge Andrew L. Carter, Jr. on 10/18/2018)(bw) (Entered: 10/19/2018)
10/18/2018 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Medical Treatment . Document filed by Vito Gallicchio. (Cohen, Irving) Modified on 10/19/2018 (ka). (Entered: 10/18/2018)
9/14/2018
  • Order
ORDER as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli, Lawrence Montalbano, Leonard Danzi, Don Michael Carim. Due to a conflict on the Court's calendar, the final pre-trial conference set for November 9, 2018 is being rescheduled to November 8, 2018 at 11:00 a.m. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr. on 9/14/2018)(bw) (Entered: 09/14/2018)
8/27/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor, Vito Gallicchio, Daniel Garcia, Lawrence Montalbano. Notice is hereby given that an official transcript of a Conference proceeding held on 7/18/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/27/2018)
8/27/2018TRANSCRIPT of Proceedings as to David Taylor, Vito Gallicchio, Daniel Garcia, Lawrence Montalbano re: Conference held on 7/18/18 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/17/2018. Redacted Transcript Deadline set for 9/27/2018. Release of Transcript Restriction set for 11/26/2018. (McGuirk, Kelly) (Entered: 08/27/2018)
8/15/2018ENDORSED LETTER as to (17-Cr-390-07) Don Michael Carim addressed to Judge Andrew L. Carter, Jr. from Attorney Guy Oksenhendler dated August 14, 2018 re: Letter Request Permission to Travel to Florida On Consent, on August 15 and returning on August 25, 2018. ENDORSEMENT: The application is granted. (Signed by Judge Andrew L. Carter, Jr. on 8/15/2018)(bw) (Entered: 08/15/2018)
8/14/2018
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Guy Oksenhendler, Esq. dated August 14, 2018 re: Request for Modification of Conditions of Release on Consent: Request to Travel . Document filed by Don Michael Carim. (Oksenhendler, Guy) (Entered: 08/14/2018)
8/7/2018ENDORSED LETTER as to Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Irving Cohen dated 8/3/18 re: I ask your honor to approve the appointment of Ms. Sochacki at a billing rate of $90.00 per hour....ENDORSEMENT: The application is granted. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/7/18)(jw) (Entered: 08/07/2018)
8/3/2018 LETTER by Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Irving Cohen, Esq. dated August 3, 2018 re: Associate Appointment (Cohen, Irving) (Entered: 08/03/2018)
7/18/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Status Conference as to David Taylor held on 7/18/2018. Defendant David Taylor appears with attorney, Charles Carnesi. Defendant Vito Gallicchio appears with attorney, Irving Cohen. Defendants Daniel Garcia and Don M. Carim appear with attorney, Xavier Donaldson. Defendant Lawrence Montalbano appears with attorney, William J. Stampur. AUSA Nicolas Landsman Roos present. Motions in Limine Due: 10/29/18. Responses Due: 11/5/18. Proposed Jury Instructions Due: 10/29/18. Proposed Voir Dire Due: 10/29/18/. Potential Witness List Due: 11/5/18. 3500 Material Due by 12 Noon on 11/8/18. Final Pre-Trial Conference set for 11/9/18 at 11:00 a.m. Time previously excluded. All bail conditions remain in effect. See transcript for complete details. Court Reporter: Alena Lynch. (jbo) (Entered: 08/06/2018)
7/18/2018
  • Order
ORDER as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli, Lawrence Montalbano, Leonard Danzi, Don Michael Carim: Pursuant to the status conference held before the Court on July 19, 2018, Defendants' motions in limine are due October 29, 2018; the Government's reply is due on November 5, 2018. Parties are ordered to submit proposed jury instructions and voir dire by October 29, 2019, and witness lists should be submitted by November 5, 2018. The Government should also produce 3500 material to Defendants by 12:00 p.m. on November 8, 2018. The final pre-trial conference will be held on November 9, 2018 at 11 a.m. in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. (Motions due by 10/29/2018. Responses due by 11/5/2018. Final Pretrial Conference set for 11/9/2018 at 11:00 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 7/18/2018) (lnl) (Entered: 07/18/2018)
7/18/2018
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Guy Oksenhendler, Esq. dated July 18, 2018 re: Request for Co-Counsel to Appear on Counsel's behalf with Consent of Client . Document filed by Don Michael Carim. (Oksenhendler, Guy) (Entered: 07/18/2018)
7/11/2018
  • OrderGranted
MEMO ENDORSEMENT granting 59 LETTER MOTION Request Permission to Travel to Georgia On Consent as to Don Michael Carim...ENDORSEMENT...The application is granted. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/11/18) (jw) (Entered: 07/11/2018)
7/10/2018
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Guy Oksenhendler, Esq. dated July 9, 2018 re: Request to Travel to Georgia on Consent . Document filed by Don Michael Carim. (Oksenhendler, Guy) (Entered: 07/10/2018)
7/9/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor. Notice is hereby given that an official transcript of a Conference proceeding held on 5/23/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/09/2018)
7/9/2018TRANSCRIPT of Proceedings as to David Taylor re: Conference held on 5/23/18 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/30/2018. Redacted Transcript Deadline set for 8/9/2018. Release of Transcript Restriction set for 10/9/2018. (McGuirk, Kelly) (Entered: 07/09/2018)
5/25/2018
  • Order
ORDER as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli, Lawrence Montalbano, Leonard Danzi, Don Michael Carim: At the May 23, 2018 status conference, the parties requested an exclusion of time pursuant to the Speedy Trial Act, 18 U.S.C. § 3161 until November 13, 2018 to produce discovery, allow the Defendants to review it, contemplate filing motions, and better prepare for trial. The Court finds that the interests of justice are served by such an exclusion to produce discovery, allow the Defendants to review it, contemplate filing motions, better prepare for trial, and that those interests outweigh the interests of the defendants and the public in a speedy trial. Accordingly, it is ORDERED: the time from May 23, 2018 through November 13, 2018 is excluded in the interests of justice from all calculations under the Speedy Trial Act, pursuant to 18 U.S.C. § 316l(h)(7)(A). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/23/2018) (ap) (Entered: 05/25/2018)
5/25/2018
  • OrderGranted
ORDER as to Leonard Danzi (6) granting 54 FIRST LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Thomas Francis Dunn dated May 23, 2018 re: waiver of speedy trial time until dismissed due to death of client. The application is granted. (Signed by Judge Andrew L. Carter, Jr on 5/23/2018) (ap) (Entered: 05/25/2018)
5/23/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Status Conference as to David Taylor, Vito Gallicchio, Daniel Garcia, Lawrence Montalbano, Don Michael Carim held on 5/23/2018. Defendant David Taylor appears with attorney Charles Carnesi. Defendant Vito Gallicchio appears with attorney Irving Cohen. Defendant Daniel Garcia appears with attorney Xavier Donaldson. Defendant Lawrence Montalbano appears with attorney William Stampur. Defendant Don Michael Carim appears with attorney Guy Oksenhendler. AUSA Nicolas Landsman-Roos for the Government. Defendant Carim's Motion Due 6/20/18. Government's Response Due: 7/11/18. Status Conference set for 7/18/18 at 10:00 a.m. Jury Selection & Trial set for 11/13/18 at 10:00 a.m. Time excluded from 5/23/18 to 11/13/18 in the interest of justice. All bail conditions remain in effect. See transcript for complete details. Court Reporter: Rose Prater. (Jury Trial set for 11/13/2018 at 10:00 AM before Judge Andrew L. Carter Jr.) (jbo) (Entered: 05/29/2018)
5/23/2018FIRST LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Thomas Francis Dunn dated May 23, 2018 re: waiver of speedy trial time until dismissed due to death of client. Document filed by Leonard Danzi. (Dunn, Thomas) (Entered: 05/23/2018)
5/22/2018FIRST LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Thomas Francis Dunn dated May 22, 2018 re: to excuse appearance . Document filed by Leonard Danzi. (Dunn, Thomas) (Entered: 05/22/2018)
4/13/201852SEALED DOCUMENT placed in vault. (rz) (Entered: 04/13/2018)
3/15/2018NOTICE of Change of Address as to Vito Gallicchio. New Address: Irving Cohen, Attorney-At-Law, 233 Broadway, Suite 1800, New York, New York, United States of America 10279, 212-964-2544. (Cohen, Irving) (Entered: 03/15/2018)
3/15/2018ENDORSED LETTER as to (17-Cr-390-07) Don Michael Carim addressed to Judge Andrew L. Carter, Jr. from Attorney Guy Oksenhendler dated March 12, 2018 re: As counsel appointed pursuant to the CJA of the United States District Court for the Southern District of New York, it is respectfully requested that counsel be permitted to submit interim CJA vouchers in this case. ENDORSEMENT: The application is granted. (Signed by Judge Andrew L. Carter, Jr. on 3/15/2018)(bw) (Entered: 03/15/2018)
3/12/2018
  • Motion
LETTER MOTION addressed to Judge Andrew L. Carter, Jr. from Guy Oksenhendler dated March 12, 2018 re: Request to Submit Interim CJA Payment . Document filed by Don Michael Carim. (Oksenhendler, Guy) (Entered: 03/12/2018)
2/12/2018NOTICE OF ATTORNEY APPEARANCE: Guy Oksenhendler appearing for Don Michael Carim. Appearance Type: CJA Appointment. (Oksenhendler, Guy) (Entered: 02/12/2018)
2/12/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Arraignment as to David Taylor (1) Count 1s and Vito Gallicchio (2) Count 1s and Daniel Garcia (3) Count 1s and Lawrence Montalbano (5) Count 1 and Leonard Danzi (6) Count 1 and Don Michael Carim (7) Count 1 held on 2/12/2018. Plea entered by David Taylor (1) Count 1s and Vito Gallicchio (2) Count 1s and Daniel Garcia (3) Count 1s and Lawrence Montalbano (5) Count 1 and Leonard Danzi (6) Count 1 and Don Michael Carim (7) Count 1 Not Guilty. Defendant David Taylor appears with attorney Charles Carnesi. Defendant Vito Gallicchio appears with attorney Irving Cohen. Defendant Daniel Garcia appears with attorney Xavier Donaldson. Defendant Lawrence Montalbano appears with attorney William Stampur. Defendant Leonard Danzi appears with attorney Thomas Dunne. Defendant Don Michael Carim appears with attorney Guy Oksenhendler. AUSA Kiersten Fletcher and AUSA Nicholas Landsman-Roos for Government. Defendants Taylor, Gallicchio and Garcia arraigned on Superseding Indictment and enter plea of NOT GUILTY. Status Conference set for 5/23/18 at 3:00 p.m. Time excluded from 2/12/18 to 5/23/18 in the interest of justice. All bail conditions remain in effect. See transcript for complete details. Court Reporter: Steve Griffing. (Status Conference set for 5/23/2018 at 03:00 PM before Judge Andrew L. Carter Jr.) (jbo) (Entered: 02/12/2018)
2/12/2018ENDORSED LETTER as to David Taylor, Vito Gallicchio, Daniel Garcia addressed to Judge Andrew L. Carter, Jr. from Kiersten A. Fletcher re: To reschedule conference...ENDORSEMENT: The application is granted. SO ORDERED ( Status Conference set for 2/12/2018 at 10:00 AM before Judge Andrew L. Carter Jr..) Time excluded from 2/6/18 until 2/12/18. (Signed by Judge Andrew L. Carter, Jr on 2/12/18)(jw) (Entered: 02/12/2018)
2/6/2018Appearance Bond Entered as to (S4-17-Cr-390-07) Don Michael Carim in amount of $ 25,000.00. $25,000 Personal Recognizance Bond; To be cosigned by one financially responsible person; Travel restricted to SDNY/EDNY/DNJ/EDPA; Pretrial supervision as directed by Pretrial Services; Drug testing and treatment; Defendant to be released on own signature; Remaining conditions to be met by one week; Alcohol treatment; No contact with co-defendants except in the presence of counsel. [Advice of Penalties and Sanctions dated 2/6/2018 attached. Defendant Released.] (bw) (Entered: 07/29/2019)
2/6/2018PRB Bond Entered as to Lawrence Montalbano in amount of $ 25,000.00. To be cosigned by one financially responsible person; Travel restricted to SDNY/EDNY/DNJ; Pretrial supervision as directed by pretrial services; Drug testing and treatment; Deft to be released on own signature; Remaining conditions to be met by one week; No contact with co-defendants except in the presence of counsel. (jw) (Entered: 02/22/2018)
2/6/2018Appearance Bond Entered as to (S4-17-Cr-390-06) Leonard Danzi in amount of $50,000.00. $50,000 Personal Recognizance Bond; to be cosigned by one financially responsible person; travel restricted to SDNY/EDNY/DNJ; pretrial supervision as directed by Pretrial Services; drug testing and treatment; Defendant to be released on own signature; remaining conditions to be met by one week; one cosigner moral suasion; no contact with co-defendants except in the presence of counsel. [Advice of Penalties and Sanctions dated 2/6/2018 attached. Defendant Released.] (bw) (Entered: 02/12/2018)
2/6/2018Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Initial Appearance on disposition sheet as to Lawrence Montalbano. Deft present with atty William Stampur. AUSA Kiersten Fletcher present. Agreed Conditions of release: $25,000 PRB, 1 FRP; Travel restricted to SDNY/EDNY/DNJ; Surrender travel documents (& No new applications); Pretrial supervision: As directed by Pretrial Services, Drug testing/treatment as directed by PTS. Deft to be released on own signature, plus the following conditions; remaining conditions to be met by 1 week. No contact with co-defendants except in the presence of counsel. (jbo) (jw). (Entered: 02/12/2018)
2/6/2018Attorney update in case as to Don Michael Carim. Attorney Guy Oksenhendler for Don Michael Carim added. (bw) (Entered: 02/08/2018)
2/6/201843CJA 23 Financial Affidavit by Don Michael Carim. (Signed by Magistrate Judge Stewart D. Aaron on 2/6/2018); Attorney Guy Oksenhendler. (bw) (Entered: 02/08/2018)
2/6/2018Attorney update in case as to Leonard Danzi. Attorney Thomas Dunne for Leonard Danzi added. (jw) (Entered: 02/08/2018)
2/6/201842CJA 23 Financial Affidavit by Leonard Danzi. (Signed by Judge Magistrate Judge Stewart D. Aaron) Attorney Thomas F.X. Dunn (jw) (Entered: 02/08/2018)
2/6/2018S(4) SUPERSEDING INDICTMENT FILED as to David Taylor (1) count(s) 1s, Vito Gallicchio (2) count(s) 1s, Daniel Garcia (3) count(s) 1s, Lawrence Montalbano (5) count(s) 1, Leonard Danzi (6) count(s) 1, Don Michael Carim (7) count(s) 1. (bw) [*** NOTE: Originally filed under seal 2/1/18. ***] (bw). (Entered: 02/06/2018)
2/6/2018
  • Order
ORDER as to (S4-17-CR-390) David Taylor, Vito Gallicchio, Daniel Garcia, Lawrence Montalbano, Leonard Danzi, Don Michael Carim. ORDERED that the indictment and arrest warrant in the above-captioned actions be unsealed for all purposes. (Signed by Judge Andrew L. Carter, Jr. on 2/6/2018) (Attachments: # 1 Unsealing Order) [*** NOTE: Original Unsealing Order mis-numbered but attached as PDF in an abundance of caution. ***] (bw) (Entered: 02/06/2018)
1/3/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor. Notice is hereby given that an official transcript of a Conference proceeding held on 11/27/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/03/2018)
1/3/2018TRANSCRIPT of Proceedings as to David Taylor re: Conference held on 11/27/17 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2018. Redacted Transcript Deadline set for 2/5/2018. Release of Transcript Restriction set for 4/3/2018. (McGuirk, Kelly) (Entered: 01/03/2018)
12/11/2017BILL OF PARTICULARS by USA as to Vito Gallicchio . (Fletcher, Kiersten) (Entered: 12/11/2017)
12/11/2017BILL OF PARTICULARS by USA as to Vito Gallicchio . (Fletcher, Kiersten) (Entered: 12/11/2017)
11/27/2017Change of Not Guilty Plea to Guilty Plea as to Nicholas Avicolli (4) Count 1s. (jbo) (Entered: 07/26/2021)
11/27/2017Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Plea entered by Nicholas Avicolli (4) Guilty as to Count 1s. (jbo) (Entered: 07/26/2021)
11/27/2017Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Change of Plea Hearing as to Nicholas Avicolli held on 11/27/2017. AUSA Kiersten Fletcher for the Government. Defendant Nicholas Avicolli appears with attorney Nicholas Kaizer. Defendant sworn and advised of his rights. Defendant withdraws his previously entered plea of not guilty and enters a plea of GUILTY to the Superseding Information. Plea ACCEPTED. Sentencing set for 4/13/18 at 2:00 p.m. All bail conditions remain in effect. See transcript for complete details. Court Reporter. Jennifer Thun. (jbo) (Entered: 07/26/2021)
11/27/2017WAIVER OF INDICTMENT by Nicholas Avicolli. (jm) (Entered: 12/21/2018)
11/27/2017(S3) SUPERSEDING INFORMATION (Felony) filed as to Nicholas Avicolli (4) count(s) 1s. (jm) (Entered: 12/21/2018)
11/21/2017 LETTER by Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Irving Cohen dated November 21, 2017 re: Having co-defendant's counsel represent Mr. Gallicchio at pre-trial conference (Cohen, Irving) (Entered: 11/21/2017)
11/7/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli. Notice is hereby given that an official transcript of a Conference proceeding held on 10/11/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 11/07/2017)
11/7/2017TRANSCRIPT of Proceedings as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli re: Conference held on 10/11/17 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2017. Redacted Transcript Deadline set for 12/8/2017. Release of Transcript Restriction set for 2/5/2018. (McGuirk, Kelly) (Entered: 11/07/2017)
10/30/2017NOTICE OF ATTORNEY APPEARANCE Nicolas Tyler Landsman-Roos appearing for USA. (Landsman-Roos, Nicolas) (Entered: 10/30/2017)
10/11/2017
  • Order
ORDER as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli. At the October 11, 2017 status conference, the parties requested an exclusion of time pursuant to the Speedy Trial Act, 18 U.S.C. § 3161 until November 27, 2017 to allow the Defendants to review the voluminous discovery and contemplate the filing of motions. The Court finds that the interests of justice are served by such an exclusion to allow the Defendants to review the voluminous discovery and contemplate the filing of motions, and that those interests outweigh the interests of the defendants and the public in a speedy trial. Accordingly, it is ORDERED: the time from October 11, 2017 through November 27, 2017 is excluded in the interests of justice from all calculations under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr. on 10/11/2017)(bw) (Entered: 10/11/2017)
10/11/2017Minute Entry for proceedings held before Judge Andrew L. Carter, Jr:Status Conference as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli held on 10/11/2017 as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli( Status Conference set for 11/27/2017 at 10:00 AM before Judge Andrew L. Carter Jr..) Defendant David Taylor appears with attorney Charles Carnesi. Defendant Vito Gallicchio appears with attorney Irving Cohen. Defendant Daniel Garcia appears with attorney Xavier Donaldson. Defendant Nicholas Avicolli appears with attorney Nicholas Kaizer. AUSA Kiersten Fletcher for Government. Status Conference set for 11/27/17 at 10 a.m. Time excluded from 10/11/17 to 11/27/17 in the interest of justice. All bail conditions remain in effect. See transcript for complete details. Court Reporter: Khris Sellin (jw) (Entered: 10/11/2017)
8/2/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Taylor. Notice is hereby given that an official transcript of a Conference proceeding held on 7/6/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/02/2017)
8/2/2017TRANSCRIPT of Proceedings as to David Taylor re: Conference held on 7/6/17 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/23/2017. Redacted Transcript Deadline set for 9/5/2017. Release of Transcript Restriction set for 10/31/2017. (McGuirk, Kelly) (Entered: 08/02/2017)
7/31/2017
  • Motion for Protective Order
PROTECTIVE ORDER as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli. Upon the application of the United States of America, Joon Kim, Acting United States Attorney for the Southern District of New York, by and through Assistant United States Attorney Kiersten A. Fletcher, of counsel, for an order precluding the dissemination of material produced in this case pursuant to Rule 16 of the Federal Rules of Criminal Procedure (the "Discovery"), which includes material that (i) affects the privacy and confidentiality of individuals; (ii) would impede, if prematurely disclosed, the Government's ongoing investigation of uncharged individuals; (iii) would risk prejudicial pretrial publicity if publicly disseminated; and (iv) is not authorized to be disclosed to the public or disclosed beyond that which is necessary for the defense of this action, IT IS HEREBY ORDERED that the Discovery shall be used by the defendants ("Defendants"), defense counsel of record ("Defense Counsel"), and anyone else who lawfully possesses Discovery pursuant to this Order, solely for purposes of defending this case....[See this Protective Order]... IT IS FURTHER ORDERED that the provisions of this Order shall not terminate at the conclusion of this criminal prosecution, and the Court will retain jurisdiction to enforce this Order following termination of the case. SO ORDERED: (Signed by Judge Andrew L. Carter, Jr. on 7/31/2017)(bw) (Entered: 07/31/2017)
7/28/2017
  • Order
ORDER as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli. It is ORDERED: the time from July 6, 2017 through October 11, 2017 is excluded in the interests of justice from all calculations under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A). SO ORDERED. Time excluded from 7/28/2017 until 10/11/2017. (Signed by Judge Andrew L. Carter, Jr on 7/6/2017)(ft) (Entered: 07/28/2017)
7/6/2017Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pretrial Conference as to David Taylor, Vito Gallicchio, Daniel Garcia, Nicholas Avicolli held on 7/6/2017. Defendant David Taylor appears with attorney Charles Carnesi. Defendants Vito Gallicchio and Daniel Garcia appear with attorney Xavier R. Donaldson. Defendant Nicholas Avicolli appears with attorney Nicholas Kaizer. AUSA Kiersten Fletcher for Government. Status Conference set for 10/11/17 at 10:00 a.m. Time excluded from 7/6/17 to 10/11/17 in the interest of justice. Time extended to 7/10/17 for Defendant Nicholas Avicolli to perfect the bond. All bail conditions remain in effect. See transcript for complete details. Court Reporter: Jerry Harrison. (Status Conference set for 10/11/2017 at 10:00 AM before Judge Andrew L. Carter Jr.) (jbo) (Entered: 07/28/2017)
6/29/2017NOTICE OF ATTORNEY APPEARANCE: Charles F. Carnesi appearing for David Taylor. Appearance Type: Retained. (Carnesi, Charles) (Entered: 06/29/2017)
6/29/2017 LETTER by Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Irving Cohen, Esq. dated June 29, 2017 re: Co-signer Extension for Time (Cohen, Irving) (Entered: 06/29/2017)
6/27/2017 LETTER by Vito Gallicchio addressed to Judge Andrew L. Carter, Jr. from Irving Cohen dated June 26, 2017 re: coverage at pre-trial conference (Cohen, Irving) (Entered: 06/27/2017)
6/23/2017NOTICE OF ATTORNEY APPEARANCE: Nicholas G. Kaizer appearing for Nicholas Avicolli for arraignment purposes. (jm) (Entered: 06/26/2017)
6/23/2017Minute Entry for proceedings held before Magistrate Judge James L. Cott: Deft. present w/ attorney Cohen; AUSA Fletcher also present. Arraignment as to Vito Gallicchio (2) Count 1 Vito Gallicchio (2) Count 1 held on 6/23/2017., Plea entered by Vito Gallicchio (2) Count 1 Vito Gallicchio (2) Count 1 Not Guilty., As to Vito Gallicchio. Speedy Trial Time excluded until 7/6/17. ( Status Conference set for 7/6/2017 at 11:30 AM before Judge Andrew L. Carter Jr..) (jm) (Entered: 06/26/2017)
6/23/2017PRB Bond Entered as to Vito Gallicchio in amount of $ 150,000, 2 RFRPs; travel restricted to SDNY/EDNY/DNJ; surrender travel documents & no new applications; supervision as directed; drug test/treat & mental health eval/treat; deft. shall not possess a firearm/destruction device/other weapon. No contact w/ co-defendants unless counsel is present. Commit no new crimes. Release on own signature with remaining conditions to be met by 6/30/17. (jm) (Entered: 06/26/2017)
6/23/2017Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance as to Vito Gallicchio held on 6/23/2017. Defendant is present with attorney Cohen; AUSA Fletcher is also present. Bail is set as $150,000 FRP; 2 RFRPs; travel restricted to SDNY/EDNY/DNJ; surrender travel documents & no new applications; supervision as directed; drug test/treat & mental health eval/treat; deft. shall not possess a firearm/destruction device/other weapon. No contact w/ co-defendants unless counsel is present. Commit no new crimes. Release on own signature with remaining conditions to be met by 6/30/17. (jm) (Entered: 06/26/2017)
6/23/2017Attorney update in case as to Vito Gallicchio. Attorney Irving Cohen for Vito Gallicchio added. (jm) (Entered: 06/26/2017)
6/23/201717CJA 23 Financial Affidavit by Vito Gallicchio appointing cja attorney Irving Cohen. (Signed by Judge Magistrate Judge James L. Cott) (jm) (Entered: 06/26/2017)
6/23/2017Minute Entry for proceedings held before Magistrate Judge James L. Cott: Deft. is present with attorney Steven Brill; AUSA Fletcher is also present. Arraignment as to David Taylor (1) Count 1 David Taylor (1) Count 1 held on 6/23/2017., Plea entered by David Taylor (1) Count 1 David Taylor (1) Count 1 Not Guilty., As to David Taylor. Speedy Trial Time is excluded until 7/6/17. ( Status Conference set for 7/6/2017 at 11:30 AM before Judge Andrew L. Carter Jr..) (jm) (Entered: 06/26/2017)
6/23/2017PRB Bond Entered as to David Taylor in amount of $ 250,000, PRB cosigned by 2 FRPs; travel restricted to SDNY/EDNY/DNJ; surrender travel documents and no new applications; regular pretrial supervision. Effective immediately, defendant is not to issue prescriptions for any controlled substances. No contact with co-defendants as well as Nicholas Avicolli, except in presence of counsel. Release on own signature with remaining conditions to be met by 7/7/17. (jm) (Entered: 06/26/2017)
6/23/2017Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance as to David Taylor held on 6/23/2017. Defendant is present with attorney Steven Brill; AUSA Fletcher is also present. Deft. is to be released on a $250,000 PRB cosigned by 2 FRPs; travel restricted to SDNY/EDNY/DNJ; surrender travel documents and no new applications; regular pretrial supervision. Effective immediately, defendant is not to issue prescriptions for any controlled substances. No contact with co-defendants as well as Nicholas Avicolli, except in presence of counsel. Release on own signature with remaining conditions to be met by 7/7/17. (jm) (Entered: 06/26/2017)
6/23/2017Attorney update in case as to David Taylor. Attorney Steven Gary Brill for David Taylor added. (jm) (Entered: 06/26/2017)
6/23/201714CJA 23 Financial Affidavit by David Taylor appointing cja atorney Steven Brill. (Signed by Judge Magistrate Judge James L. Cott) (jm) (Entered: 06/26/2017)
6/23/2017Arrest of David Taylor. (jm) (Entered: 06/26/2017)
6/23/2017Minute Entry for proceedings held before Magistrate Judge James L. Cott: Defendant is present with attorney Donaldson; AUSA Fletcher is also present. Arraignment as to Daniel Garcia (3) Count 1 Daniel Garcia (3) Count 1 held on 6/23/2017., Plea entered by Daniel Garcia (3) Count 1 Daniel Garcia (3) Count 1 Not Guilty., As to Daniel Garcia. Speedy Trial Time is excluded until 7/6/17. ( Pretrial Conference set for 7/6/2017 at 11:30 AM before Judge Andrew L. Carter Jr..) (jm) (Entered: 06/26/2017)
6/23/2017PRB Bond Entered as to Daniel Garcia in amount of $ 75,000, PRB cosigned by two FRP; travel restricted to SDNY/EDNY/DNJ; surrender travel documents and no new applications; supervision as directed; drug test/treat as directed. No contact w/ co-defts, as well as, Nicholas Avicolli, except in presence of counsel. Release on own signature with remaining conditions to be met by 6/30/17. (jm) (Entered: 06/26/2017)
6/23/2017Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance as to Daniel Garcia held on 6/23/2017. Deft. is present with attorney Donaldson; AUSA Fletcher is also present. Deft. is to be released on a $75,000 PRB cosigned by two FRP; travel restricted to SDNY/EDNY/DNJ; surrender travel documents and no new applications; supervision as directed; drug test/treat as directed. No contact w/ co-defts, as well as, Nicholas Avicolli, except in presence of counsel. Release on own signature with remaining conditions to be met by 6/30/17. (jm) (Entered: 06/26/2017)
6/23/2017Attorney update in case as to Daniel Garcia. Attorney Xavier Robert Donaldson for Daniel Garcia added. (jm) (Entered: 06/26/2017)
6/23/201711CJA 23 Financial Affidavit by Daniel Garcia appointing cja attorney Xavier Donaldson. (Signed by Judge Magistrate Judge James L. Cott) (jm) (Entered: 06/26/2017)
6/23/2017Minute Entry for proceedings held before Magistrate Judge James L. Cott: Defendant is present with atty Nicholas Kaiser; AUSA Fletcher is also present. Arraignment as to Nicholas Avicolli (4) Count 1 Nicholas Avicolli (4) Count 1 held on 6/23/2017., Plea entered by Nicholas Avicolli (4) Count 1 Nicholas Avicolli (4) Count 1 Not Guilty. Conference before USDJ on 7/6/17. Speedy Trial Time is excluded until 7/6/17. (jm) (Entered: 06/26/2017)
6/23/2017PRB Bond Entered as to Nicholas Avicolli in amount of $ 150,000, cosigned by 2 FRPs; travel is restricted to SDNY/EDNY/DNJ; surrender travel documents and no new applications; supervision as directed by PTS; mental health eval/treatment as directed by PTS. No contact with related defendants David Taylor, Vito Galliocchio and Daniel Garcia except in presence of counsel. Make no new applications for a DEA registration. Release on own signature with remaining conditions to be met by 7/7/17. (jm) (Entered: 06/26/2017)
6/23/2017Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance as to Nicholas Avicolli held on 6/23/2017. Defendant is present with attorney Nicholas Kaiser; AUSA Fletcher is also present. Deft. is to be released on a $150,000 PRB cosigned by 2 FRPs; travel is restricted to SDNY/EDNY/DNJ; surrender travel documents and no new applications; supervision as directed by PTS; mental health eval/treatment as directed by PTS. No contact with related defendants David Taylor, Vito Galliocchio and Daniel Garcia except in presence of counsel. Make no new applications for a DEA registration. Release on own signature with remaining conditions to be met by 7/7/17. (jm) (Entered: 06/26/2017)
6/23/2017Arrest of Nicholas Avicolli. (Actual arrest date is 6/22/17) (jm) (Entered: 06/26/2017)
6/23/2017S(1)INDICTMENT FILED as to Nicholas Avicolli (4) count(s) 1. (jm)(Filed under seal 6/20/17) (Entered: 06/26/2017)
6/23/2017
  • Order
ORDER as to Nicholas Avicolli unsealing the S(1) superseding indictment. (Signed by Magistrate Judge James L. Cott on 6/23/17)(jm) (Entered: 06/26/2017)
6/22/2017Arrest of Vito Gallicchio. (jm) (Entered: 06/26/2017)
6/22/2017Arrest of Daniel Garcia. (jm) (Entered: 06/26/2017)
6/22/2017Attorney update in case as to David Taylor, Vito Gallicchio, Daniel Garcia. Attorney Kiersten Ann Fletcher for USA added.. (jm) (Entered: 06/23/2017)
6/22/2017Case as to David Taylor, Vito Gallicchio, Daniel Garcia ASSIGNED to Judge Judge Andrew L. Carter, Jr. Judge Judge Unassigned no longer assigned to the case.(jm) (Entered: 06/23/2017)
6/22/2017Case Designated ECF as to David Taylor, Vito Gallicchio, Daniel Garcia. (jm) (Entered: 06/23/2017)
6/22/2017INDICTMENT UNSEALED as to David Taylor, Vito Gallicchio, Daniel Garcia. (jm) (Entered: 06/23/2017)
6/22/2017
  • Order
Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3. (Signed by Magistrate Judge James L. Cott on 6/22/17)(jm) (Entered: 06/23/2017)
6/20/2017SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, Sealed Defendant 2 (2) count(s) 1, Sealed Defendant 3 (3) count(s) 1. (jm) (Entered: 06/23/2017)