USA v. Espinosa

1:17-cr-00709 | New York Southern District Court

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Division Foley Square
Filed Nov. 15, 2017
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Filing Date # Docket Text
12/29/2022Notice of Filing Transcript
12/29/2022Transcript
11/28/2022Amended Judgment
11/28/2022Revocation of Supervised Release - Final Hearing
11/17/2022~Util - Set/Reset Hearings, Oral Order, Financial Affidavit - CJA23
11/17/2022Initial Appearance - Revocation Proceedings
8/5/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Frank Espinosa. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/9/19 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: 08/05/2019)
8/5/2019TRANSCRIPT of Proceedings as to Frank Espinosa re: Sentence held on 7/9/19 before Judge Loretta A. Preska. Court Reporter/Transcriber: Martha Martin, (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 8/26/2019. Redacted Transcript Deadline set for 9/5/2019. Release of Transcript Restriction set for 11/4/2019. (McGuirk, Kelly) (Entered: 08/05/2019)
7/18/201970SEALED DOCUMENT placed in vault. (mhe) (Entered: 07/18/2019)
7/10/2019JUDGMENT IN A CRIMINAL CASE as to Frank Espinosa (1). The Defendant pleaded guilty to count One. Any open counts are dismissed on the motion of the United States. IMPRISONMENT: 60 MONTHS. The court makes the following recommendations to the Bureau of Prisons: That the defendant be permitted to participate in the RDAP Program. The Court also recommends that the defendant be designated as close as possible to the Metropolitan New York area so that his young children may visit more easily. Specifically, either the Fort Dix Facility or the Danbury Facility. The defendant is remanded to the custody of the United States Marshal. ADDITIONAL IMPRISONMENT TERMS: During the term of imprisonment, the defendant shall remit restitution in conjunction with the Inmate Financial Responsibility Program, but in any event not less than $25 per quarter. Through the Inmate Financial Responsibility Program (BOP Policy Statement 5380-08), an inmate's deposits are reviewed for a six-month period, amounts are subtracted for commissary and other expenses (currently $75 per month), and the remaining balance is used to determine payments toward financial sanctions. SUPERVISED RELEASE: 3 YEARS. ASSESSMENT: $100.00 due immediately. RESTITUTION: $1,597,202.00. The defendant must make payments at a rate of no less than 10% of his gross monthly income. Payments shall begin 30 days after the release from custody. Payments shall be made to the Clerk of the Court, Southern District of New York, 500 Pearl Street, New York, NY 10007. From time to time, the Clerk of the Court shall make proportionate payments to the victims. (Signed by Judge Loretta A. Preska on 7/10/2019) (lnl) (Entered: 07/10/2019)
7/10/2019ORDER OF RESTITUTION as to Frank Espinosa. (Signed by Judge Loretta A. Preska on 7/10/2019) (lnl) (Entered: 07/10/2019)
7/10/201967SEALED DOCUMENT placed in vault. (mhe) (Entered: 07/10/2019)
7/9/2019DISMISSAL OF COUNTS on Government Motion as to Frank Espinosa (1) Count 1,1s,1ss,2s-4s,2ss-4ss,2sss-7sss. (jw) (Entered: 07/10/2019)
7/9/2019Minute Entry for proceedings held before Judge Loretta A. Preska:Sentencing held on 7/9/2019 for Frank Espinosa (1) Count 1sss. Defendant present with his attorneys David Anders and Emily Rush. AUSA Sebastian Swett present. In 17cr709, the defendant is sentenced to: 60 months followed by 3 years of supervised release. All standard terms and conditions of supervised release with the special conditions of: obeying the immigration laws, outpatient substance abuse treatment, access to requested financial info., no new credit charges, searches. Restitution in the amount of 1,597,202.00. Special assessment of $100 due promptly. Restitution payments to begin 30 days after the entry of judgment. While incarcerated, the defendant shall remit restitution payments in conjunction with the Inmate Financial Responsibility Program. Once released, restitution payments shall continue at a rate of no less than 10% of his gross monthly income. Special assessment in the amount of $100 to be paid promptly. J&C to follow. Any Open Counts are dismissed (jw) (Entered: 07/10/2019)
3/28/2019Set/Reset Hearings as to Frank Espinosa: Sentencing set for 6/26/2019 at 04:00 PM before Judge Loretta A. Preska. (lnl) (Entered: 03/28/2019)
3/28/2019MEMO ENDORSEMENT as to Frank Espinosa (1) granting 65 LETTER MOTION addressed to Judge Loretta A. Preska from David B. Anders dated March 27, 2019 re: Adjournment of Sentencing. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 3/28/2019) (lnl) (Entered: 03/28/2019)
3/27/2019 LETTER MOTION addressed to Judge Loretta A. Preska from David B. Anders dated March 27, 2019 re: Adjournment of Sentencing . Document filed by Frank Espinosa. (Anders, David) (Entered: 03/27/2019)
3/7/2019ENDORSED LETTER as to Frank Espinosa addressed to Judge Loretta A. Preska from Frank Espinosa, dated 2/20/2019, re: Request for adjournment of sentencing. ENDORSEMENT: Because the request to adjourn sentencing has already been granted [dkt. no. 63], the request is denied as moot. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/7/2019) (lnl) (Entered: 03/08/2019)
2/26/2019Set/Reset Hearings as to Frank Espinosa: Sentencing set for 3/28/2019 at 11:30 AM before Judge Loretta A. Preska. (ap) (Entered: 02/26/2019)
2/26/2019MEMO ENDORSEMENT as to Frank Espinosa (1) on 62 LETTER MOTION addressed to Judge Loretta A. Preska from David B. Anders dated February 25, 2019. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 2/26/2019) (ap) (Entered: 02/26/2019)
2/25/2019 LETTER MOTION addressed to Judge Loretta A. Preska from David B. Anders dated February 25, 2019 . Document filed by Frank Espinosa. (Anders, David) (Entered: 02/25/2019)
1/30/2019 LETTER MOTION addressed to Judge Loretta A. Preska from David B. Anders dated January 30, 2019 . Document filed by Frank Espinosa. (Anders, David) (Entered: 01/30/2019)
1/28/2019SENTENCING SUBMISSION by USA as to Frank Espinosa. (Swett, Sebastian) (Entered: 01/28/2019)
1/9/2019Set/Reset Hearings as to Frank Espinosa: Sentencing set for 1/31/2019 at 11:00 AM before Judge Loretta A. Preska. (lnl) (Entered: 01/09/2019)
1/9/2019MEMO ENDORSEMENT as to Frank Espinosa (1) granting 58 LETTER MOTION addressed to Judge Loretta A. Preska from David B. Anders dated January 4, 2019 re: Request for Adjournment of Sentencing. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 1/8/2019) (lnl) (Entered: 01/09/2019)
1/4/2019 LETTER MOTION addressed to Judge Loretta A. Preska from David B. Anders dated January 4, 2019 re: Request for Adjournment of Sentencing . Document filed by Frank Espinosa. (Anders, David) (Entered: 01/04/2019)
1/3/2019SENTENCING SUBMISSION by Frank Espinosa. (Anders, David) (Entered: 01/03/2019)
11/21/2018MEMO ENDORSEMENT as to Frank Espinosa (1) granting [54] LETTER MOTION addressed to Judge Loretta A. Preska from David B. Anders dated November 20, 2018. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 11/21/2018) (lnl)
11/21/2018Transmission to Sealed Records Clerk: as to Frank Espinosa. Transmitted re: [55] MEMO ENDORSEMENT to the Sealed Records Clerk for the sealing or unsealing of document or case. (lnl)
11/20/2018LETTER MOTION addressed to Judge Loretta A. Preska from David B. Anders dated November 20, 2018 . Document filed by Frank Espinosa. (Anders, David)
11/14/2018Set/Reset Hearings as to Frank Espinosa: Sentencing set for 1/10/2019 at 10:00 AM before Judge Loretta A. Preska. (ap)
11/14/2018MEMO ENDORSEMENT as to Frank Espinosa (1) on [52] LETTER MOTION addressed to Judge Loretta A. Preska from David B. Anders dated November 8, 2018 re: Request for Adjournment of Sentencing. ENDORSEMENT: The sentencing is adjourned to January 10, 2019, at 10:00 a.m. (Signed by Judge Loretta A. Preska on 11/13/2018) (ap)
11/8/2018LETTER MOTION addressed to Judge Loretta A. Preska from David B. Anders dated November 8, 2018 re: Request for Adjournment of Sentencing . Document filed by Frank Espinosa. (Anders, David)
10/9/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Frank Espinosa. Notice is hereby given that an official transcript of a Plea proceeding held on 9/12/18 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.... (Moya, Goretti)
10/9/2018TRANSCRIPT of Proceedings as to Frank Espinosa re: Plea held on 9/12/18 before Judge Loretta A. Preska. Court Reporter/Transcriber: Eve Giniger, (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 10/30/2018. Redacted Transcript Deadline set for 11/9/2018. Release of Transcript Restriction set for 1/7/2019. (Moya, Goretti)
9/21/201849SEALED DOCUMENT placed in vault. (rz)
9/21/201848SEALED DOCUMENT placed in vault. (rz)
9/21/201847SEALED DOCUMENT placed in vault. (rz)
9/12/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Arraignment as to Frank Espinosa (1) Count 1sss,2sss-7sss held on 9/12/2018. Arraignment/Change of Plea Hearing (17cr709), and VOSR Change of Plea Hearing (11cr797) Held. Defendant present with his attorney David Anders. AUSA Sebastian Swett present. The defendant is arraigned on the (S3)17cr709 and enters a plea of not guilty. The agreement is acceptable to the Court. The defendant withdraws his plea of not guilty to the S3 and enters a plea of guilty to Count 1. The defendant withdraws his plea of not guilty to the Violation of Supervised Release in 11cr797 (LAP) and admits guilt to specification number 1. Sentencing for both cases scheduled for December 11, 2018 at 11:30 a.m. PSI ordered. (bw)
9/12/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Plea entered by Frank Espinosa (1) Guilty as to Count 1sss. (bw)
9/12/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Plea entered by Frank Espinosa (1) Count 1sss,2sss-7sss -- Not Guilty. (bw)
9/12/2018Order of Referral to Probation for Presentence Investigation and Report as to (S3-17-Cr-709-1) Frank Espinosa. (By Judge Loretta A. Preska on 9/12/2018) (bw)
9/12/2018Set/Reset Deadlines/Hearings as to Frank Espinosa: Sentencing set for 12/11/2018 at 11:30 AM before Judge Loretta A. Preska. (bw)
8/30/2018(S3) SUPERSEDING INDICTMENT FILED as to Frank Espinosa (1) count(s) 1sss, 2sss-7sss. (jm)
8/30/201845SEALED DOCUMENT placed in vault. (mhe)
8/24/2018MEMO ENDORSEMENT as to Frank Espinosa on re: [43] LETTER MOTION filed by USA, addressed to Judge Loretta A. Preska from AUSA Sheb Swett dated August 23, 2018 re: Pretrial Schedule. The parties in the above-captioned matter have conferred regarding a schedule for pretrial submissions, and propose the following dates for the following submissions: September 10 - motions in limine, proposed voir dire, and proposed jury charge; September 17 - opposition to motions in limine, Government's exhibits, and Government's witness list; September 21 - replies, if any, to the oppositions to motions in limine and Government's 3500. The parties additionally proposed a final pretrial conference the week of September 24, 2018 at the Court's convenience. ENDORSEMENT: SO ORDERED. A final pretrial conference will be held on Monday, September 24 at 12 PM in Courtroom 12A. (Signed by Judge Loretta A. Preska on 8/24/2018)(bw)
8/23/2018LETTER MOTION addressed to Judge Loretta A. Preska from Sheb Swett dated August 23, 2018 re: Pretrial Schedule . Document filed by USA as to Frank Espinosa. (Swett, Sebastian)
8/17/2018REPLY MEMORANDUM OF LAW in Support by USA as to Frank Espinosa re: [31] MOTION in Limine . . (Swett, Sebastian)
8/17/2018REPLY MEMORANDUM OF LAW in Support as to Frank Espinosa re: [35] MOTION for Bill of Particulars . MOTION for Disclosure of Witness List and Grand Jury Minutes . . (Anders, David)
8/10/2018MEMORANDUM in Opposition by Frank Espinosa re [31] MOTION in Limine .. (Anders, David)
8/10/2018MEMORANDUM in Opposition by USA as to Frank Espinosa re [35] MOTION for Bill of Particulars . MOTION for Disclosure of Witness List and Grand Jury Minutes .. (Gentile, Dominic)
7/24/2018MEMO ENDORSEMENT as to Frank Espinosa on re: [37] LETTER by Frank Espinosa addressed to Judge Loretta A. Preska from David B. Anders dated 7/20/2018 re: Pre-trial Motions. ENDORSEMENT: Counsel shall confer and propose a schedule for motions in limine. (Signed by Judge Loretta A. Preska on 7/24/2018) (ap)
7/20/2018LETTER by Frank Espinosa addressed to Judge Loretta A. Preska from David B. Anders dated 7/20/2018 re: Pre-trial Motions (Anders, David)
6/30/2018In Limine
6/25/2018Sealed Document, Sealed Document
5/23/2018~Util - Set/Reset Deadlines/Hearings, Memo Endorsement
5/14/2018Letter
5/4/2018~Util - Set/Reset Deadlines/Hearings
5/1/2018Indictment
4/13/2018~Util - Set/Reset Deadlines/Hearings
4/10/2018Transcript
4/10/2018Notice of Filing Transcript
3/29/2018~Util - Set/Reset Hearings, Order
3/23/2018Notice of Attorney Appearance - USA
3/16/2018Order
3/5/2018Transcript
3/5/2018Notice of Filing Transcript
2/5/2018~Util - Set/Reset Hearings
1/23/2018Order on Letter Motion
1/23/2018Letter Motion
11/17/2017Letter
11/16/2017Indictment
11/15/2017Case Filed