USA v. Holland

1:18-cr-00908 | New York Southern District Court

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Division Foley Square
Judge Judge Sidney H. Stein
Filed Dec. 21, 2018
Case Flags ECF and PRIOR
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Filing Date # Docket Text
7/12/2024Transmission of USCA Mandate/Order to District Judge
7/12/2024USCA Mandate - Final Judgment Appeal
9/5/2023 Opinion & Order as to David Holland... Accordingly, Holland's motion for a sentence reduction (ECF No. 67) is denied, as is his accompanying request for the appointment of counsel (ECF No. 66). The Clerk of Court is directed to mail a copy of this Order to defendant as follows: David Holland [86372-054], FCI Otisville, Federal Correctional Institution, P.O. Box 1000, Otisville, NY10963. So Ordered. (Signed by Judge Sidney H. Stein on 9/5/23) **Copy of this Order mailed out to the defendant. (jbo)
2/8/2023Miscellaneous Relief
2/8/2023Miscellaneous Relief
10/23/2020Notice of Filing Transcript
10/23/2020Transcript
10/14/2020 JUDGMENT IN A CRIMINAL CASE as to David Holland (1). The defendant pleaded guilty to Count(s) 2ss, 4ss-6ss, 8ss. All open counts are DISMISSED. Imprisonment: 108 months on each count to run concurrently; Supervised Release: three (3) years on each count to run concurrently. The court makes the following recommendations to the Bureau of Prisons: 1. That defendant be housed in the tri-state area in order to facilitate visits with his family. 2. That defendant be admitted to the RDAP i f he is otherwise eligible. Assessment: $500.00 due immediately. The defendant shall forfeit the defendant's interest in the following property to the United States: The defendant shall forfeiture $4,300 in U.S. currency. See Consent Preliminary Order of Forfeiture/Money Judgment dated October 14, 2020. (Signed by Judge Sidney H. Stein on 10/14/2020)(jbo)
10/14/2020WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to David Holland. Accepted: (Signed by Judge Sidney H. Stein on 10/14/2020)(bw)
10/14/2020 CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to (S2 18 Cr. 908) David Holland....[See this Consent Preliminary Order of Forfeiture/Money Judgment]... IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Audrey Strauss, Acting United States Attorney, Assistant United States Attorney, Jacob H. Gutwillig of counsel, and the Defendant, and his counsel, Renato C. Stabile, Esq., that:1. As a result of the offenses charged in Counts Two, Four, Fi ve, Six and Eight of the Indictment, to which the Defendant pied guilty, a money judgment in the amount of $4,300 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offenses charged i n Counts Two, Four, Five, Six and Eight of the Indictment that the Defendant personally obtained, shall be entered against the Defendant. 2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Consent Preliminary Order of For feiture/Money Judgment is final as to the Defendant, DAVID HOLLAND, and shall be deemed part of the sentence of the Defendant, and shall be included in the judgment of conviction therewith....[See this Consent Preliminary Order of Forfeiture/Money Ju dgment]... 7. The Court shall retain jurisdiction to enforce this Consent Preliminary Order of Forfeiture/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure. 8. 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 J. Wilson, Co-Chief of the Money Laundering and Transnational Criminal Enterprises Unit, United States Attorne y's Office, One St. Andrew's Plaza, New York, New York 10007. 9. The signature page of this Consent Preliminary Order of Forfeiture/Money Judgment may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. SO ORDERED: (Signed by Judge Sidney H. Stein on 10/14/2020)(bw). [*** NOTE: The Clerk of the Court has forwarded three certified copies of this Consent Preliminary Order of Forfeiture/Money Judgment to AUSA Alexander J. Wilson, via interoffice mail on 10/19/2020. ***] Modified on 10/19/2020 (bw).
10/14/2020Sentencing
10/2/2020 ORDER as to David Holland: A sentencing via videoconference is scheduled to take place in this matter via Skype on October 14, 2020, at 3:00 p.m. The Skype link will be emailed to all participants. To optimize use of the Court's video confer encing technology, all participants in the call must: Use a browser other than Microsoft Explorer to access Skype for Business; Position the participant's device as close to the WiFi router as is feasible; Ensure any others in the participant 39;s household are not using WiFi during the period of the call; Unless the participant is using a mobile telephone to access Skype for Business, connect to audio by having the system call the participant; and If there is ambient noise, the partici pant must mute his or her device when not speaking. Co-counsel, members of the press, and the public may access the audio feed of the conference by dialing 917-933-2166, and entering Participant Code: 680696565. (Sentencing set for 10/14/2020 at 03:00 PM before Judge Sidney H. Stein) (Signed by Judge Sidney H. Stein on 10/2/2020) (ap)
9/29/2020Letter - Sentencing
8/10/2020~Util - Set/Reset Deadlines/Hearings, Endorsed Letter
8/10/2020Letter
6/15/2020~Util - Set/Reset Deadlines/Hearings, Endorsed Letter
6/15/2020Letter
4/17/2020Transcript
4/7/2020~Util - Terminate Motions
4/7/2020 ORDER denying 51 LETTER MOTION submitted as to David Holland (1). A teleconference having been held today, with counsel for all parties participating, and defendant's counsel having waived the defendant's appearance, IT IS HEREBY ORDERED that for the reasons set forth on the record today, the defendant's motion for bail [Doc. No. 51] is denied. SO ORDERED: (Signed by Judge Sidney H. Stein on 4/7/2020) (bw)
4/6/2020Letter
4/3/2020Letter Motion
4/3/2020Notice to Attorney to Re-File Document - Deficient Docket Entry Error
4/3/2020Letter Motion
3/20/2020 MEMO ENDORSEMENT on 47 LETTER MOTION addressed to Judge Sidney H. Stein from Renato C. Stabile dated March 17, 2020 re: adjournment of sentencing. ENDORSEMENT: The sentencing is adjourned to June 22 at 2:30 p.m. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/20/2020) (lnl)
3/18/2020Sentencing Submission
3/17/2020Letter Motion
12/19/2019 MEMO ENDORSEMENT as to David Holland (1) on 44 FIRST LETTER MOTION addressed to Judge Sidney H. Stein from Renato C. Stabile dated December 18, 2019 re: adjournment of sentencing. ENDORSEMENT: The sentencing is adjourned to March 25, 2020, at 2:30 pm. Defense sentencing submissions are due by March 11. Government submissions are due by March 18. (Signed by Judge Sidney H. Stein on 12/19/2019) (ap)
12/19/2019Letter Motion
10/22/2019Notice of Filing Transcript
10/22/2019Transcript
10/22/2019Notice of Filing Transcript
10/22/2019Transcript
10/4/2019~Util - Set/Reset Deadlines/Hearings, Change of Not Guilty Plea
10/4/2019Notice of Attorney Appearance - USA
10/2/2019Indictment
9/26/2019Sealed Document
7/8/2019Notice of Filing Transcript
7/8/2019Transcript
6/23/2019Notice of Attorney Appearance - USA
6/22/2019Letter
6/22/2019Notice of Attorney Appearance - USA
5/20/2019~Util - Set/Reset Hearings, Order
4/26/2019 MEMORANDUM OF LAW in Opposition by USA as to David Holland re: 25 MOTION to Suppress . filed by David Holland . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Gutwillig, Jacob) (Entered: 04/26/2019)
4/25/2019ORDER as to David Holland: IT IS HEREBY ORDERED that: 1. The conference scheduled for April 26 at 11 :00 a.m. is adjourned to May 22, 2019, at 3:00 p.m.; and 2. At the request of the parties, the time from today until May 22, 2019, is excluded from Speedy Trial Act calculations. The Court finds that the ends of justice served by this continuance outweigh the best interests of the public and the defendant in a speedy trial pursuant to 18 U.S.C. § 316l(h)(7)(A). SO ORDERED. (Pretrial Conference set for 5/22/2019 at 03:00 PM before Judge Sidney H. Stein) (Time excluded from 4/25/2019 until 5/22/2019) (Signed by Judge Sidney H. Stein on 4/25/2019) (lnl) (Entered: 04/25/2019)
4/19/2019DECLARATION of Renato C. Stabile in Support as to David Holland re: 25 MOTION to Suppress .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Stabile, Renato) (Entered: 04/19/2019)
4/19/2019 MOTION to Suppress . Document filed by David Holland. (Stabile, Renato) (Entered: 04/19/2019)
4/16/2019***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to David Holland: Notice to Attorney Stabile, Renato to RE-FILE Document 24 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of document#22.***NOTE: First, re-file Motion to Suppress, then re-file and link supporting Declaration. SEPARATE DOCKET ENTRY FOR EACH. (ka) (Entered: 04/16/2019)
4/16/2019 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Renato C. Stabile in Support as to David Holland re: 22 MOTION to Suppress .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Stabile, Renato) Modified on 4/16/2019 (ka). (Entered: 04/16/2019)
4/15/2019***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to David Holland: Notice to Attorney Stabile, Renato to RE-FILE Document 22 MOTION to Suppress. ERROR(S): Filing Error of Attachment#1. Supporting Declaration must be filed individually. Event codes located under Replies, Opposition and Supporting Documents.***NOTE: Separate docket entry for each. (ka) (Entered: 04/15/2019)
4/12/2019MEMORANDUM in Support by David Holland re 22 MOTION to Suppress .. (Stabile, Renato) (Entered: 04/12/2019)
4/12/2019 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Suppress . Document filed by David Holland. (Attachments: # 1 Declaration of Renato C. Stabile, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Stabile, Renato) Modified on 4/15/2019 (ka). (Entered: 04/12/2019)
4/12/2019ORDER as to David Holland ( Pretrial Conference set for 4/26/2019 at 11:00 AM before Judge Sidney H. Stein.) Time excluded from 4/12/19 until 4/26/19. It is hereby ORDERED that the conference scheduled for April 24, 2019 at 2:30pm is adjourned to April 26, 2019 at 11:00am; and the time from today until April 26, 2019 is excluded from Speedy trial act calculations (Signed by Judge Sidney H. Stein on 4/12/19)(jw) (Entered: 04/12/2019)
3/28/2019Set/Reset Hearings as to David Holland: Pretrial Conference set for 4/24/2019 at 02:30 PM before Judge Sidney H. Stein. (ap) (Entered: 03/28/2019)
3/28/2019MEMO ENDORSEMENT as to David Holland (1) on 19 FIRST LETTER MOTION addressed to Judge Sidney H. Stein from Renato C. Stabile dated 3/26/2019 re: adjournment of motion schedule. ENDORSEMENT: Time is excluded from calculation under the Speedy Trial Act from today until April 24, 2019. The Court finds that the ends of justice served by this continuance outweigh the best interests of the public and the defendants in a speedy trial pursuant to 18 U.S.C. § 3161(h)(7)(A). Pretrial conference is adjourned to April 24, at 2:30 pm. (Signed by Judge Sidney H. Stein on 3/28/2019) (ap) (Entered: 03/28/2019)
3/26/2019FIRST LETTER MOTION addressed to Judge Sidney H. Stein from Renato C. Stabile dated 3/26/2019 re: adjournment of motion schedule . Document filed by David Holland. (Stabile, Renato) (Entered: 03/26/2019)
3/11/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Holland. Notice is hereby given that an official transcript of a Conference proceeding held on 2/8/19 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: 03/11/2019)
3/11/2019TRANSCRIPT of Proceedings as to David Holland re: Conference held on 2/8/19 before Judge Sidney H. Stein. 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 4/1/2019. Redacted Transcript Deadline set for 4/11/2019. Release of Transcript Restriction set for 6/10/2019. (McGuirk, Kelly) (Entered: 03/11/2019)
2/28/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Holland. Notice is hereby given that an official transcript of a Conference proceeding held on 1/24/19 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: 02/28/2019)
2/28/2019TRANSCRIPT of Proceedings as to David Holland re: Conference held on 1/24/19 before Judge Sidney H. Stein. 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 3/21/2019. Redacted Transcript Deadline set for 4/1/2019. Release of Transcript Restriction set for 5/29/2019. (McGuirk, Kelly) (Entered: 02/28/2019)
2/8/2019ORAL ORDER as to David Holland. Time excluded from 2/8/2019 until 4/17/2019. Motions (by Defendant) due by 3/29/2019. Responses (by Government) due by 4/12/2019. Pretrial Conference set for 4/17/2019 at 10:00 AM before Judge Sidney H. Stein. (bw) (Entered: 02/08/2019)
2/8/2019Minute Entry for proceedings held before Judge Sidney H. Stein: Pretrial Conference as to David Holland held on 2/8/2019. Defendant David Holland present with attorney Renato Stabile; for the government Jacob Gutwillig present; court reporter Alena Lynch also present. The last day for defendant to file motions is March 29, the government's opposition is due by April 12. There will be a pretrial conference and fact hearing (if needed) on April 17, 2019, at 10:00 a.m. At the request of the government, and with the consent of the defendant, the Court excludes time from today through April 17, 2019, from calculation under the Speedy Trial Act. Defendant remains detained. (bw) (Entered: 02/08/2019)
1/24/2019Minute Entry for proceedings held before Judge Sidney H. Stein: Arraignment as to David Holland (1) Count 1s,2s-5s,6s,7s held on 1/24/2019. Plea entered by David Holland Not Guilty. Defendant David Holland present with attorney Renato Stabile; for the government Jacob Gutwillig present; pretrial services officer Lisa Chan present; court reporter Lisa Franko also present. The Court hears argument on defendant's application for bail. For the reasons set forth on the record, the Court denies the application for bail [Doc. No. 10]. The next conference is set for February 8, 2019, at 11:00 a.m. at which time the defense will inform the Court of any motions he intends to make. Defendant is arraigned on the (S1) Indictment and pleads not guilty. The Court accepts the plea. Defendant remains remanded. (Pretrial Conference set for 2/8/2019 at 11:00 AM before Judge Sidney H. Stein.) (jbo) (Entered: 01/24/2019)
1/23/2019LETTER RESPONSE in Opposition by USA as to David Holland addressed to Judge Sidney H. Stein from USA dated January 23, 2019 re: 10 FIRST LETTER MOTION addressed to Judge Sidney H. Stein from Renato Stabile dated 01/17/2019 re: bail hearing .. (Attachments: # 1 Exhibit)(Gutwillig, Jacob) (Entered: 01/23/2019)
1/23/2019(S1) SUPERSEDING INDICTMENT FILED as to David Holland (1) count(s) 1s, 2s-5s, 6s, 7s. (jm) (Entered: 01/23/2019)
1/17/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to David Holland. Notice is hereby given that an official transcript of a Arraignment proceeding held on 1/7/19 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: 01/17/2019)
1/17/2019TRANSCRIPT of Proceedings as to David Holland re: Arraignment held on 1/7/19 before Judge Sidney H. Stein. 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 2/7/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/17/2019. (McGuirk, Kelly) (Entered: 01/17/2019)
1/17/2019FIRST LETTER MOTION addressed to Judge Sidney H. Stein from Renato Stabile dated 01/17/2019 re: bail hearing . Document filed by David Holland. (Stabile, Renato) (Entered: 01/17/2019)
1/17/2019NOTICE OF ATTORNEY APPEARANCE: Renato Christian Stabile appearing for David Holland. Appearance Type: CJA Appointment. (Stabile, Renato) (Entered: 01/17/2019)
1/7/2019Minute Entry for proceedings held before Judge Sidney H. Stein: Arraignment as to David Holland (1) Count 1,2-5,6,7 held on 1/7/2019. Plea entered by David Holland Not Guilty. Defendant David Holland present with attorney Renato Stabile; for the government Jacob Gutwillig present; court reporter also present. Defendant is arraigned on the Indictment and pleads not guilty. The Court accepts the plea. The last day for the government to produce discovery, except cell phones, is January 28, 2019. There will be a conference on February 11, 2019, at 4:30 p.m., at which time the defendant will inform the Court of any motions he intends to make. At the request of the government, and with the consent of the defendant, the Court excludes time from today through February 11, 2019, from calculation under the Speedy Trial Act. Defendant remains detained. (Pretrial Conference set for 2/11/2019 at 04:30 PM before Judge Sidney H. Stein.) (jbo) (Entered: 01/08/2019)
12/21/2018Case Designated ECF as to David Holland. (jm) (Entered: 12/21/2018)
12/21/2018 INDICTMENT FILED as to David Holland (1) count(s) 1, 2-5, 6, 7. (jm) (Entered: 12/21/2018)
12/13/2018ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to David Holland. Time excluded from 12/13/18 until 12/31/18. Follows oral order of 12/13/18. (Signed by Magistrate Judge James L. Cott on 12/13/18)(sao) [1:18-mj-10111-UA] (Entered: 12/20/2018)
12/13/2018AFFIRMATION of AUSA Jacob Gutwillig in Support by USA as to David Holland. Government is requesting a 16-day continuance until December 31, 2018. (sao) [1:18-mj-10111-UA] (Entered: 12/20/2018)
12/7/2018***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Stabile, Renato as to David Holland: to MANUALLY RE-FILE Document Notice of Attorney Appearance, Document No. 5. This case is not ECF. (ka) [1:18-mj-10111-UA] (Entered: 12/07/2018)
12/7/2018 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF ATTORNEY APPEARANCE: Renato Christian Stabile appearing for David Holland. Appearance Type: CJA Appointment. (Stabile, Renato) Modified on 12/7/2018 (ka). [1:18-mj-10111-UA] (Entered: 12/07/2018)
11/30/2018Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Initial Appearance as to David Holland held on 11/30/2018., Deft Appears with CJA Attorney Renato Stabile and AUSA Jacob Gutwillig for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing set for 12/14/2018 at 10:00 AM before Judge Unassigned.) (dif) [1:18-mj-10111-UA] (Entered: 12/03/2018)
11/30/2018Attorney update in case as to David Holland. Attorney Renato Christian Stabile for David Holland added.. (dif) [1:18-mj-10111-UA] (Entered: 12/03/2018)
11/30/20183CJA 23 Financial Affidavit by David Holland. (Signed by Judge Magistrate Judge Gabriel W. Gorenstein) (CJA Attorney Renato Stabile Appointed) (dif) [1:18-mj-10111-UA] (Entered: 12/03/2018)
11/29/2018Arrest of David Holland. (dif) [1:18-mj-10111-UA] (Entered: 12/03/2018)
11/29/2018 COMPLAINT as to David Holland (1). In Violation of 18 U.S.C. 1951, 924 (c) (1), and 2 (Signed by Magistrate Judge Kevin Nathaniel Fox) (dif) [1:18-mj-10111-UA] (Entered: 12/03/2018)
10/29/2018SEALED ORAL ORDER as to Sealed Defendant 1. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/29/2018)(dif) [1:18-mj-10111-UA] (Entered: 12/03/2018)