USA v. Spencer

1:20-cr-00078 | New York Southern District Court

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Division Foley Square
Judge Judge Analisa Torres
Filed Jan. 28, 2020
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3 Days
  • 3/31/2025
A status conference in this matter shall take place on March 31, 2025, at 1:00 p.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street
Status Conference set for 3/31/2025 at 01:00 PM in Courtroom 15D, 500 Pearl Street
Status Conference set for 3/31/2025 at 01:00 PM before Judge Analisa Torres.
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2 Weeks
  • 4/14/2025
Redaction Request due 4/14/2025.
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3 Weeks
  • 4/24/2025
Redacted Transcript Deadline set for 4/24/2025.
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7 Weeks
  • 5/19/2025
Release of Transcript Restriction set for 5/19/2025.
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12 Weeks
  • 6/23/2025
Release of Transcript Restriction set for 6/23/2025 (js) (Entered: 03/24/2025)
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Filing Date # Docket Text
3/26/2025 LETTER by USA as to Shalik Jenkins addressed to Judge Analisa Torres from USA dated March 26, 2025 re: Opposition to Defendant's Motion for Bail Document filed by USA. (Rodriguez, Justin) (Entered: 03/26/2025)
3/24/2025 LETTER MOTION addressed to Judge Analisa Torres from Douglas Zolkind dated March 24, 2025 re: Leave to File Under Seal / Letter Motion for Leave to File Under Seal. Document filed by Shalik Jenkins. (Zolkind, Douglas) (Entered: 03/24/2025)
3/24/2025 LETTER by Shalik Jenkins addressed to Judge Analisa Torres from Douglas Zolkind dated March 24, 2025 re: Letter Brief in Support of Defendant's Bail Review Application (Attachments: # 1 Exhibit A - Transcript of March 4, 2025 Proceedings before Magistrate Judge Tarnofsky, # 2 Exhibit H - Transcript of March 19, 2025 Bronx Country Criminal Court Appearance)(Zolkind, Douglas) (Entered: 03/24/2025)
3/24/2025NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Shalik Jenkins. Notice is hereby given that an official transcript of a Hearing proceeding held on 3/4/2025 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.... (js) (Entered: 03/24/2025)
3/24/2025TRANSCRIPT of Proceedings as to Shalik Jenkins re: Hearing held on 3/4/2025 before Magistrate Judge Robyn F. Tarnofsky. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771, 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 4/14/2025. Redacted Transcript Deadline set for 4/24/2025. Release of Transcript Restriction set for 6/23/2025 (js) (Entered: 03/24/2025)
3/19/2025Set/Reset Deadlines as to Shalik Jenkins: Motions due by 3/24/2025. Responses due by 3/26/2025. (ap) (Entered: 03/19/2025)
3/19/2025MEMO ENDORSEMENT as to Shalik Jenkins (4) granting 520 LETTER MOTION addressed to Judge Analisa Torres from Douglas Zolkind dated 3/18/2025 re: adjournment of the 3/19/2025 deadline. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 3/19/2025) (ap) (Entered: 03/19/2025)
3/18/2025 LETTER MOTION addressed to Judge Analisa Torres from Douglas Zolkind dated 3/18/2025 re: adjournment of the 3/19/2025 deadline . Document filed by Shalik Jenkins. (Zolkind, Douglas) (Entered: 03/18/2025)
3/18/2025NOTICE OF ATTORNEY APPEARANCE: Patricia M. Reville appearing for Shalik Jenkins. Appearance Type: CJA Appointment. (Reville, Patricia) (Entered: 03/18/2025)
3/18/2025NOTICE OF ATTORNEY APPEARANCE: Douglas Samuel Zolkind appearing for Shalik Jenkins. Appearance Type: CJA Appointment. (Zolkind, Douglas) (Entered: 03/18/2025)
3/17/2025Minute Entry for proceedings held before Judge Analisa Torres: Preliminary Revocation Hearing re: Supervised Release as to Shalik Jenkins held on 3/17/2025. Defendant present with CJA attorneys Doug Zolkind, Tricia Reville, Chris Moore, and David Barenholtz. AUSA Justin Rodriguez present for the Government. Court reporter present. Defendant seeks review of the bail decision issued by the Honorable Robyn F. Tarnofsky on March 4, 2025. By March 19, 2025, Defendant shall file a letter brief in support of his bail review application. Defendant shall attach the transcript of the March 4 hearing before Judge Tarnofsky and the surveillance video referenced during today's proceeding as exhibits to his bail review application. By March 21, 2025, the Government shall file its response. All factual statements in the letter briefs shall be supported by citation to documents or other materials made part of the record. A status conference in this matter shall take place on March 31, 2025, at 1:00 p.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. (Motions due by 3/19/2025. Responses due by 3/21/2025. Status Conference set for 3/31/2025 at 01:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (ap) (Entered: 03/18/2025)
3/17/2025Minute Entry for proceedings held before Judge Analisa Torres: Preliminary Revocation Hearing re: Supervised Release as to Shalik Jenkins held on 3/17/2025. Violation of supervised release hearing held for Defendant Shalik Jenkins. Defendant present with CJA attorneys Doug Zolkind, Tricia Reville, Chris Moore, and David Barenholtz. AUSA Justin Rodriguez present for the Government. Court reporter present. Defendant seeks review of the bail decision issued by the Honorable Robyn F. Tarnofsky on March 4, 2025. By March 19, 2025, Defendant shall file a letter brief in support of his bail review application. Defendant shall attach the transcript of the March 4 hearing before Judge Tarnofsky and the surveillance video referenced during today's proceeding as exhibits to his bail review application. By March 21, 2025, the Government shall file its response. All factual statements in the letter briefs shall be supported by citation to documents or other materials made part of the record. A status conference in this matter shall take place on March 31, 2025, at 1:00 p.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. (Brief due by 3/19/2025. Responses due by 3/21/2025. Status Conference set for 3/31/2025 at 01:00 PM before Judge Analisa Torres.) (jbo) (Entered: 03/18/2025)
3/17/2025ORDER as to Shalik Jenkins. The CJA attorney assigned to receive cases on this day, Douglas S. Zolkind, is hereby ordered substituted as counsel to the Defendant, Shalik Jenkins, in the above captioned matter, nunc pro tunc March 4, 2025. (Signed by Judge Analisa Torres on 3/17/25)(jw) (Entered: 03/17/2025)
3/5/2025ORDER as to Shalik Jenkins: The Court will hold a violation of supervised release conference on March 17, 2025, at 3:00 p.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED. (Preliminary Violation of Supervised Release Hearing set for 3/17/2025 at 03:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 3/5/2025) (lnl) (Entered: 03/05/2025)
3/4/2025516CJA 23 Financial Affidavit by Shalik Jenkins. CJA, Mark DeMarco appointed counsel. APPROVED. (Signed by Magistrate Judge Robyn F. Tarnofsky) (job) (Entered: 03/05/2025)
3/4/2025Minute Entry for proceedings held before Magistrate Judge Robyn F. Tarnofsky: Initial Appearance re: Revocation of Supervised Release as to Shalik Jenkins held on 3/4/2025. Detention Hearing as to Shalik Jenkins held on 3/4/2025. AUSA Justin Rodriguez present for the Government. Defendant present with attorney Mark DeMarco. BAIL DISPOSITION: Detention: Risk of Flight/Danger. Def. denies specifications. Preliminary hearing date waived on defendant's consent. (Status Conference set for 3/11/2025 at 12:00 PM before Judge Analisa Torres.) (job) (Entered: 03/05/2025)
3/4/2025Arrest of Shalik Jenkins. (job) (Entered: 03/05/2025)
2/18/2025NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonell Danforth. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/13/2025 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: 02/18/2025)
2/18/2025TRANSCRIPT of Proceedings as to Jonell Danforth re: Sentence held on 1/13/2025 before Judge Analisa Torres. 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 3/11/2025. Redacted Transcript Deadline set for 3/21/2025. Release of Transcript Restriction set for 5/19/2025. (McGuirk, Kelly) (Entered: 02/18/2025)
1/14/2025 JUDGMENT IN A CRIMINAL CASE (For Revocation of Porbation or Supervised Release) as to Jonell Danforth (9). The defendant admitted guilt to violation of Specification 4 of the term of supervision. IMPRISONMENT: 6 months. The Court recommends that Mr. Danforth be designated to a facility within or in close proximity to the City of New York. SUPERVISED RELEASE: Two years and three months. (Signed by Judge Analisa Torres on 1/13/2025) (lnl) (Entered: 01/14/2025)
1/13/2025Minute Entry for proceedings held before Judge Analisa Torres: Final Hearing re Revocation of Supervised Release as to Jonell Danforth held on 1/13/2025. Violation of supervised release sentencing held for Jonell Danforth. Defendant present with retained counsel Raoul Zaltzberg. AUSA Michael Herman present for the Government. Probation Officer Stephanie Zhang present. Court reporter present. Defendant admitted to Specification 4 of the Amended Violation Report dated October 28, 2024. Defendant sentenced to six months' imprisonment to be followed by two years and three months of supervised release for the reasons stated on the record. The Government moved for, and the Court granted, dismissal of all open specifications. (ap) (Entered: 01/14/2025)
11/8/2024 LETTER from Stefvon Eley not dated re: I will like this letter formatted as motion to withdrawal my petition 3582 (c)(1)(A), Compassionate Release motions until the decision is made on my appeal (jw) (Entered: 11/12/2024)
11/8/2024ORDER as to Jonell Danforth. The conference currently scheduled for December 19, 2024, is ADJOURNED to January 13, 2025, at 11:00 a.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. So Ordered. (Status Conference set for 1/13/2025 at 11:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 11/8/24)(jbo) (Entered: 11/08/2024)
11/6/2024ORDER as to Jonell Danforth. The conference currently scheduled for December 16, 2024, is ADJOURNED to December 19, 2024, at 4:00 p.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED. (Status Conference set for 12/19/2024 at 04:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 11/6/24)(jbo) (Entered: 11/06/2024)
10/30/2024ORDER as to Jonell Danforth: The conference currently scheduled for October 31, 2024, at 4:45 p.m. is ADJOURNED to December 16, 2024, at 10:00 a.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. (Status Conference set for 12/16/2024 at 10:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 10/30/2024) (ap) (Entered: 10/30/2024)
10/25/2024ORDER as to Jonell Danforth: The conference currently scheduled for October 31, 2024, at 4:00 p.m. is ADJOURNED to October 31, 2024, at 4:45 p.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED. (Status Conference set for 10/31/2024 at 04:45 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 10/25/2024) (lnl) (Entered: 10/25/2024)
10/11/2024ENDORSED LETTER as to (20-Cr-78-3) Stefvon Eley addressed to Judge Analisa Torres from Attorney John T. Zach re: The Court appointed the undersigned as CJA counsel to Defendant Stefvon Eley for purposes of addressing two pro se applications Mr. Eley submitted to the Court in the above captioned matter. Those applications seek a reduction in his sentence on two separate grounds. For the reasons outlined below, we respectfully request that the Court permit Mr. Eley to withdraw his applications without prejudice pending resolution of the appeal he filed in this matter.... ENDORSEMENT: GRANTED. Defendant's motions for a sentence reduction are withdrawn without prejudice to renewal at a later date. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 495, 497, and 501. SO ORDERED. (Signed by Judge Analisa Torres on 10/11/2024) (bw) (Entered: 10/11/2024)
10/11/2024ORDER as to (20-Cr-78-9) Jonell Danforth. The Court shall hold a status conference in this matter regarding Defendant's alleged violation of supervised release on October 31, 2024, at 4:00 p.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED. ( Status Conference set for 10/31/2024 at 04:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. )(Signed by Judge Analisa Torres on 10/11/2024) (bw) (Entered: 10/11/2024)
10/9/2024Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Appearance re: Revocation of Supervised Release as to Jonell Danforth held on 10/9/2024. Detention Hearing as to Jonell Danforth held on 10/9/2024. AUSA, Andrew Chan present for the Government. Defendant present with attorney Jeremy Schneider. BAIL DISPOSITION: Detention on consent w/o prejudice. (Status Conference set for 10/31/2024 at 04:00 PM before Judge Analisa Torres.) (job) (Entered: 10/10/2024)
10/9/2024502CJA 23 Financial Affidavit by Jonell Danforth. CJA, attorney Jeremy Schneider appointed counsel. Approved. (Signed by Magistrate Judge Robert W. Lehrburger) (job) (Entered: 10/10/2024)
10/9/2024Arrest of Jonell Danforth. (job) (Entered: 10/10/2024)
10/2/2024 LETTER MOTION addressed to Judge Analisa Torres from John Zach dated October 2, 2024 re: Pro Se Sentencing Applications . Document filed by Stefvon Eley. (Zach, John) (Entered: 10/02/2024)
9/17/2024MEMO ENDORSEMENT as to Stefvon Eley (3)granting 499 LETTER MOTION addressed to Judge Analisa Torres from John Zach dated September 16, 2024 re: Extension of Briefing Schedule. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 9/17/2024) (ap) (Entered: 09/17/2024)
9/17/2024Set/Reset Deadlines as to Stefvon Eley: Motions due by 10/2/2024. Responses due by 10/16/2024. Replies due by 10/23/2024. (ap) (Entered: 09/17/2024)
9/16/2024 LETTER MOTION addressed to Judge Analisa Torres from John Zach dated September 16, 2024 re: Extension of Briefing Schedule . Document filed by Stefvon Eley. (Zach, John) (Entered: 09/16/2024)
8/28/2024ORDER as to (20-Cr-78-3) Stefvon Eley. The Court is in receipt of Defendant's pro se motion, dated August 11, 2024. ECF No. 495; see also ECF No. 497. On August 19, 2024, the Court appointed John T. Zach as CJA counsel to represent Defendant during the pendency of his motion. ECF No. 496. Accordingly: 1. By September 18, 2024, Defendant may submit his supplemental brief in support of his motion; 2. By October 2, 2024, the Government shall respond to Defendant's filing(s); and 3. By October 9, 2024, Defendant shall file his reply, if any. SO ORDERED. ( Brief due by 9/18/2024. Responses to Brief due by 10/2/2024. Reply to Response to Brief due by 10/9/2024. )(Signed by Judge Analisa Torres on 8/28/2024) (bw) (Entered: 08/28/2024)
8/26/2024Defendant MOTION for Extraordinary and Compelling Reasons Pursuant To 18 U.S.C. Section 3582(c)(1)(A)(I) November 1, 2023 Amendment to the Federal Sentence Guideline (RIS). Document filed by Stefvon Eley (3) re Count 5,7. Dated: August 17, 2024. (bw) (Entered: 08/27/2024)
8/19/2024ORDER as to Stefvon Eley: The C.J.A. attorney assigned to receive cases on this day, John T. Zach, is hereby ordered to assume representation of the defendant in the above captioned matter, NUNC-PRO-TUNC 8/16/2024. (Signed by Judge Analisa Torres on 8/19/2024) (ap) (Entered: 08/20/2024)
8/16/2024DEFENDANT MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. SECTION 3582(c)(2). Document filed by Stefvon Eley (3) re Count 5,7. (bw) (Entered: 08/16/2024)
3/12/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Nyshiem Spencer. Notice is hereby given that an official transcript of a Sentence proceeding held on 2/20/2024 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: 03/12/2024)
3/12/2024TRANSCRIPT of Proceedings as to Nyshiem Spencer re: Sentence held on 2/20/2024 before Judge Analisa Torres. Court Reporter/Transcriber: Paula Horovitz, (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 4/2/2024. Redacted Transcript Deadline set for 4/12/2024. Release of Transcript Restriction set for 6/10/2024. (McGuirk, Kelly) (Entered: 03/12/2024)
3/7/2024MEMO ENDORSEMENT as to Lafone Eley (2) granting 491 LETTER MOTION addressed to Judge Analisa Torres from Fern Mechlowitz dated March 6, 2024 re: Reconsideration of the Court's Order Denying Travel on March 8, 2024 in Light of New Information. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 3/7/2024) (ap) (Entered: 03/07/2024)
3/6/2024 LETTER MOTION addressed to Judge Analisa Torres from Fern Mechlowitz dated March 6, 2024 re: Reconsideration of the Court's Order Denying Travel on March 8, 2024 in Light of New Information . Document filed by Lafone Eley. (Attachments: # 1 Exhibit A - Letter from Ashley Mercado)(Mechlowitz, Fern) (Entered: 03/06/2024)
3/4/2024MEMO ENDORSEMENT as to Lafone Eley (2) denying 489 LETTER MOTION addressed to Judge Analisa Torres from Fern Mechlowitz dated March 1, 2024 re: Request to Travel from March 8-24, 2024. ENDORSEMENT: DENIED. (Signed by Judge Analisa Torres on 3/4/2024) (ap) (Entered: 03/04/2024)
3/1/2024 LETTER MOTION addressed to Judge Analisa Torres from Fern Mechlowitz dated March 1, 2024 re: Request to Travel from March 8-24, 2024 . Document filed by Lafone Eley. (Mechlowitz, Fern) (Entered: 03/01/2024)
2/20/2024JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 2/20/2024. Defendant Nyshiem Spencer (1) pleaded guilty to of Count(s) 1s, of the superseding information (S3). IMPRISONMENT: 120 months. - The court makes the following recommendations to the Bureau of Prisons: Defendant participate in an RDAP program Defendant serve his sentence near New York City. SUPERVISED RELEASE: 3 years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. RESTITUTION: $12,000.00. The court determined that the defendant does not have the ability to pay interest and it is ordered that: the interest requirement is waived for the restitution. Additional Terms For Criminal Monetary Penalties: Restitution shall be paid in accordance with the Court's order of restitution. (Signed by Judge Analisa Torres on 2/20/2024)(bw) (Entered: 02/21/2024)
2/20/2024Minute Entry for proceedings held before Judge Analisa Torres: Sentencing held on 2/20/2024 for Nyshiem Spencer (1) Count 1s. Defendant present with CJA attorneys Sabrina Shroff, Luca Marzorati, and Mari Byrne. AUSAs Justin Rodriguez and Emily Johnson present for the Government. Court reporter present. Defendant sentenced to 120 months' imprisonment, to be followed by three years of supervised release, for the reasons stated on the record. (jw) (Entered: 02/21/2024)
2/20/2024ORDER OF RESTITUTION as to (S3 20-Cr-78-1) Nyshiem Spencer. SO ORDERED. (Signed by Judge Analisa Torres on 2/20/2024) [*** NOTE: See this Order as set forth. ***](bw) (Entered: 02/21/2024)
2/20/2024 LETTER MOTION addressed to Judge Analisa Torres from sabrina p. shroff dated February 20, 2024 re: Defense Oppositon to Govt.'s Reply in Support of its last minute application for Restitution . Document filed by Nyshiem Spencer. (Shroff, Sabrina) (Entered: 02/20/2024)
2/20/2024LETTER RESPONSE to Motion by USA as to Nyshiem Spencer addressed to Judge Analisa Torres from USA dated February 20, 2024 re: 484 LETTER MOTION addressed to Judge Analisa Torres from sabrina p. shroff dated February 19, 2024 re: Government's Restitution request dated February 19, 2024 at 5:29 p.m. .. (Rodriguez, Justin) (Entered: 02/20/2024)
2/20/2024 LETTER MOTION addressed to Judge Analisa Torres from sabrina p. shroff dated February 19, 2024 re: Government's Restitution request dated February 19, 2024 at 5:29 p.m. . Document filed by Nyshiem Spencer. (Shroff, Sabrina) (Entered: 02/20/2024)
2/19/2024SENTENCING SUBMISSION by Nyshiem Spencer. (Shroff, Sabrina) (Entered: 02/19/2024)
2/13/2024ORDER as to Nyshiem Spencer: The sentencing previously scheduled for February 13, 2024, is ADJOURNED to February 20, 2024, at 1:00 p.m. SO ORDERED. (Sentencing set for 2/20/2024 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 2/13/2024) (lnl) (Entered: 02/13/2024)
2/6/2024SENTENCING SUBMISSION by USA as to Nyshiem Spencer. (Rodriguez, Justin) (Entered: 02/06/2024)
2/1/2024Certificate of Service of 477 Sentencing Submission,,, by Nyshiem Spencer. Document was served on United States of America on January 31, 2024. Service was made by Mail. (Marzorati, Luca) (Entered: 02/01/2024)
1/31/2024MEMO ENDORSEMENT as to Nyshiem Spencer (1) granting 476 JOINT MOTION to Seal Document / Joint Letter Motion to Judge Torres Seeking Approval of [Proposed] Redactions to Defendant's Sentencing Memorandum and Accompanying Exhibits. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 1/31/2024) (ap) (Entered: 01/31/2024)
1/30/2024SENTENCING SUBMISSION by Nyshiem Spencer. (Attachments: # 1 Exhibit A - Spencer Mitigation Report, # 2 Exhibit B - Sentencing Video, # 3 Exhibit C - Alexis Nicole Letter of Support, # 4 Exhibit D - Essence Wilson Letter of Support, # 5 Exhibit E - [Redacted] Gregory Ingram Letter of Support, # 6 Exhibit F - [Redacted] Jacob Sierra Letter of Support, # 7 Exhibit G - Kendra Ingram Letter of Support, # 8 Exhibit H - Kokisha K. Ingram Letter of Support, # 9 Exhibit I - Krystal Miree Letter of Support, # 10 Exhibit J - Omar Smalls Letter of Support, # 11 Exhibit K - [Redacted] Quanell Lopez Letter of Support, # 12 Exhibit L - Shakeema Lopez Letter of Support, # 13 Exhibit M - Taren Vickers Letter of Support, # 14 Exhibit N - Plea Transcript, # 15 Exhibit O - [Redacted] Nyshiem Spencer BOP Medical Records, # 16 Exhibit P - [Redacted] BOP Incident Report, # 17 Exhibit Q - [Redacted] Marquis Ingram Letter of Support)(Byrne, Mari) (Entered: 01/30/2024)
1/30/2024JOINT MOTION to Seal Document / Joint Letter Motion to Judge Torres Seeking Approval of [Proposed] Redactions to Defendant's Sentencing Memorandum and Accompanying Exhibits. Document filed by Nyshiem Spencer. (Byrne, Mari) (Entered: 01/30/2024)
1/18/2024MEMO ENDORSEMENT as to Nyshiem Spencer granting 474 LETTER MOTION addressed to Judge Analisa Torres from Mari Grace and Sabrina P. Shroff dated January 16, 2024 re: Requesting an Adjournment of Sentencing Hearing and Sentencing Submission. ENDORSEMENT: GRANTED. The sentencing previously scheduled for Januaiy 30, 2024, is ADJOURNED to February 13, 2024, at 1:00 p.m. SO ORDERED. (Sentencing set for 2/13/2024 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 1/18/2024) (lnl) (Entered: 01/18/2024)
1/16/2024 LETTER MOTION addressed to Judge Analisa Torres from Mari Grace and Sabrina P. Shroff dated January 16, 2024 re: Requesting an Adjournment of Sentencing Hearing and Sentencing Submission . Document filed by Nyshiem Spencer. (Byrne, Mari) (Entered: 01/16/2024)
12/21/2023 The defendant Stefvon El pro se, and hereby gives notice of appeal from the Judgment and Sentence Imposed by this Court on October 31, 2023 as to Stefvon Eley. (jw) (Entered: 12/22/2023)
12/19/2023MEMO ENDORSEMENT as to Lafone Eley (2) granting 471 MOTION to Travel on December 20, 2023 for the Holidays. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 12/19/2023) (ap) (Entered: 12/19/2023)
12/18/2023 MOTION to Travel on December 20, 2023 for the Holidays. Document filed by Lafone Eley. (Mechlowitz, Fern) (Entered: 12/18/2023)
12/15/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Stefvon Eley. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/31/2023 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: 12/15/2023)
12/15/2023TRANSCRIPT of Proceedings as to Stefvon Eley re: Sentence held on 10/31/2023 before Judge Analisa Torres. 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 1/5/2024. Redacted Transcript Deadline set for 1/16/2024. Release of Transcript Restriction set for 3/14/2024. (McGuirk, Kelly) (Entered: 12/15/2023)
12/12/2023ENDORSED LETTER as to (20-Cr-78-01) Nyshiem Spencer addressed to Judge Analisa Torres from Attorneys Mari Grace, Sabrina P. Shroff, dated December 10, 2023 re: We represent Defendant Nyshiem Spencer in the above-captioned matter. Sentencing for Mr. Spencer is currently scheduled for December 19, 2023. We respectfully request a brief adjournment and specifically seek a sentencing hearing date in the morning during the week of January 29, 2024, or any date thereafter convenient to the Court, in light of the victim's family's request (provided below).... ENDORSEMENT: GRANTED. The sentencing scheduled for December 19, 2023, is ADJOURNED to January 30, 2024, at 11:00 a.m. The Clerk of Court is directed to terminate the motions at ECF Nos. 466 and 467. SO ORDERED. ( Sentencing set for 1/30/2024 at 11:00 AM before Judge Analisa Torres. )(Signed by Judge Analisa Torres on 12/12/2023)(bw) (Entered: 12/12/2023)
12/11/2023 MOTION to Continue (corrected document seeking a continuance of the sentencing date). Document filed by Nyshiem Spencer. (Shroff, Sabrina) (Entered: 12/11/2023)
12/11/2023 MOTION to Continue sentencing date. Document filed by Nyshiem Spencer. (Shroff, Sabrina) (Entered: 12/11/2023)
11/17/2023ORDER as to Nyshiem Spencer: The United States Marshal Service is hereby directed to bring Defendant Nyshiem Spencer to the United States Courthouse, located at 500 Pearl Street, New York, NY, 10007 for the purpose of facilitating a meeting, which will be recorded, with his mitigation expert, Katherine Carter. Mr. Spencer shall be placed in a room where Mr. Spencer can be recorded for at least two hours, without any barriers between himself and Ms. Carter. The date and time of this meeting is to be coordinated with defense counsel and the United States Marshal Service within one week of the date of this order, and shall take place before December 8, 2023.Katherine Carter will be allowed to enter the United States Courthouse with the computer and video equipment necessary to record Mr. Spencer. This includes: 1. One backpack that includes: a. One DSLR Camera; b. One small pouch that includes two small lavalier microphones, one small receiver microphone, and one audio aux cable; c. Two small light panels; d. Two batteries for camera; e. Two SD cards; f. One pair of headphones; 2. One shoulder bag that includes: a. One camera tripod; b. Two light panel tripods; 3. One MacBook Air computer and Velcro computer case. (Signed by Judge Analisa Torres on 11/17/2023) (ap) (Entered: 11/17/2023)
11/16/2023 LETTER by Nyshiem Spencer addressed to Judge Analisa Torres from Mari Byrne dated November 16, 2023 re: Request to Film Mr. Spencer (Attachments: # 1 Exhibit A - Proposed Order)(Byrne, Mari) (Entered: 11/16/2023)
11/7/2023TRANSCRIPT REQUEST FORM B by Stefvon Eley for a Sentence proceeding held on 10/31/2023 before Judge Analisa Torres and Plea hearing held on 7/27/2022. Transcript due by 11/17/2023. (nd) (Entered: 11/07/2023)
11/7/2023Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Stefvon Eley re: [462] Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 11/07/2023)
11/7/2023Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Stefvon Eley to US Court of Appeals re: [462] Notice of Appeal. (nd) (Entered: 11/07/2023)
11/7/2023NOTICE OF APPEAL by Stefvon Eley from 461 Judgment. (nd) (Entered: 11/07/2023)
11/1/2023JUDGMENT IN A CRIMINAL CASE as to Stefvon Eley (3). THE DEFENDANT: pleaded guilty to counts lesser included offenses of counts 5 and 7. Counts 1,4,6 are dismissed on the motion of the United States. IMPRISONMENT: 180 months' imprisonment. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the Defendant serve his sentence at Federal Correctional Complex, Butner (FCC Butner) in Butner, North Carolina. SUPERVISED RELEASE: four years. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $200.00. (Signed by Judge Analisa Torres on 11/1/2023) (ap) (Entered: 11/01/2023)
11/1/2023DISMISSAL OF COUNTS on Government Motion as to Stefvon Eley (3) Count 1,4,6. (ap) (Entered: 11/01/2023)
10/31/2023Minute Entry for proceedings held before Judge Analisa Torres: Sentencing held on 10/31/2023 for Stefvon Eley (3) Count 5,7. Defendant present with CJA Attorney David Bertan. AUSA Andrew Chan present for the Government. Court reporter present. Defendant sentenced to 180 months' imprisonment, to be followed by four years of supervised release, for the reasons stated on the record. On motion of the Government, counts 1, 4, and 6 of the Indictment were dismissed as to Defendant Stefvon Eley. (jbo) (Entered: 11/01/2023)
10/16/2023ORDER as to Stefvon Eley. The sentencing scheduled in this matter for October 17, 2023, is ADJOURNED to October 31, 2023, at 4:00 p.m. The Court's order granting Defendant's motion to wear civilian clothes at sentencing, ECF No. 459, is extended to the rescheduled sentencing proceedings on October 31, 2023. The Clerk of Court is directed to terminate the motion at ECF No. 458.(Sentencing set for 10/31/2023 at 04:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 10/16/2023)(jw) (Entered: 10/16/2023)
10/12/2023ORDER as to (20-Cr-78-3) Stefvon Eley. It is hereby ORDERED that the Metropolitan Detention Center is directed to permit the defendant's family member or legal representative to deliver the following to Mr. Eley, for use at his sentencing proceeding on October 17, 2023: One pair dress pants One dress shirt; One necktie One belt; One pair underwear; One pair dress socks; One pair shoes. SO ORDERED: (Signed by Judge Analisa Torres on 10/12/2023)(bw) (Entered: 10/12/2023)
10/11/2023 LETTER MOTION addressed to Judge Analisa Torres from David K. Bertan, Esq. dated October 11, 2023 re: allow defendant to appear in civilian clothing for sentencing . Document filed by Stefvon Eley. (Attachments: # 1 Proposed Order Proposed clothing order)(Bertan, David) (Entered: 10/11/2023)
10/10/2023Sentencing Letter by USA as to Stefvon Eley addressed to Judge Analisa Torres from Andrew K. Chan dated October 10, 2023 re: Government's Sentencing Recommendation for Defendant Stefvon Eley. (Chan, Andrew) (Entered: 10/10/2023)
10/2/2023MEMO ENDORSEMENT as to Nyshiem Spencer on re: 454 Letter filed by USA., as to Nyshiem Spencer...ENDORSEMENT...GRANTED. The sentencing scheduled for October 10, 2023 is adjourned to December 19, 2023, at 1:00pm. SO ORDERED (Sentencing set for 12/19/2023 at 01:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 10/2/2023)(jw) (Entered: 10/02/2023)
10/2/2023MEMO ENDORSEMENT as to Stefvon Eley on re: 438 Sentencing Submission filed by Stefvon Eley...ENDORSEMENT...GRANTED. The Clerk of Court is directed to terminate the motion at ECF No. 438 (Signed by Judge Analisa Torres on 10/2/2023)(jw) (Entered: 10/02/2023)
9/29/2023 LETTER by USA as to Nyshiem Spencer addressed to Judge Analisa Torres from Andrew K. Chan dated September 29, 2023 re: Request for Adjournment of Sentencing for Defendant Nyshiem Spencer Document filed by USA. (Chan, Andrew) (Entered: 09/29/2023)
8/30/2023 LETTER MOTION addressed to Judge Analisa Torres from David K. Bertan, Esq. dated August 30, 2023 re: Withdraw motion to set aside plea . Document filed by Stefvon Eley. (Bertan, David) (Entered: 08/30/2023)
8/25/2023ORDER as to Nyshiem Spencer: The surveillance footage is understandably sensitive. The Court finds that the protections negotiated by defense counsel and the Government are sufficient to protect MDC's interest in preventing public disclosure of surveillance footage. Def. Letter at 12; Gov. Letter at 1, ECF No. 449. Accordingly, MDC's request is DENIED, and MDC shall release the video without an attorney eyes only limitation. Only counsel for the parties, the Probation Office, and the Court may receive a copy of the video. Further dissemination without court order is prohibited. (Signed by Judge Analisa Torres on 8/25/2023) (See ORDER set forth) (ap) (Entered: 08/25/2023)
8/23/2023UNSIGNED TRANSFER OF JURISDICTION as to Lafone Eley. (**Nothing was mailed out to the Middle District of Florida, waiting on the signature from other district**) Lafone Eley (Signed by Judge Analisa Torres on 8/23/2023)(jw) (Entered: 08/23/2023)
8/22/2023 LETTER by Nyshiem Spencer addressed to Judge Analisa Torres from Mari Byrne dated August 22, 2023 re: Responding to the Federal Bureau of Prisons' Request for the Court to Approve a Prohibition (Byrne, Mari) (Entered: 08/22/2023)
8/18/2023 LETTER MOTION addressed to Judge Analisa Torres from USA dated August 18, 2023 re: Request from MDC . Document filed by USA as to Nyshiem Spencer. (Attachments: # 1 Exhibit Letter from MDC Legal Counsel, # 2 Proposed Order Proposed Order from MDC Legal Counsel)(Rodriguez, Justin) (Entered: 08/18/2023)
8/17/2023 LETTER by USA as to Stefvon Eley addressed to Judge Analisa Torres from Andrew K. Chan dated August 17, 2023 re: Government's Opposition to Defendant Stefvon Eley's Motion to Withdraw Guilty Plea to Count Seven of the Indictment Document filed by USA. (Chan, Andrew) (Entered: 08/17/2023)
8/16/2023ORDER as to Lafone Eley. Accordingly, Defendant's motion is GRANTED in part, and DENIED in part. Defendant's motion for early termination of supervised release is DENIED. Defendant's request that his supervision be transferred to the Middle District of Florida is GRANTED. The Clerk of Court is directed to terminate the motion at ECF No. 436 and transfer Defendant's supervision to the Middle District of Florida (Signed by Judge Analisa Torres on 8/16/2023) (jw) (Entered: 08/16/2023)
8/15/2023MEMO ENDORSEMENT 444 Motion to Travel as to Lafone Eley....ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Analisa Torres on 8/15/2023) (jw) (Entered: 08/15/2023)
8/14/2023 MOTION to Travel to Florida from August 25-28, 2023. Document filed by Lafone Eley. (Mechlowitz, Fern) (Entered: 08/14/2023)
7/31/2023MEMO ENDORSEMENT granting 442 LETTER MOTION filed by Nyshiem Spencer (1), addressed to Judge Analisa Torres from Attorney Sabrina Shroff dated July 28, 2023 re: Defense request for copy of video showing brutal attack on Mr. Spencer when incarcerated at MDC Brooklyn.... I write to request a copy of the video tape maintained by the Bureau of Prison which reflects the assault that occurred on Mr. Spencer on March 19, 2023 while he was detained at the Metropolitan Detention Center in Brooklyn. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 7/31/2023) (bw) (Entered: 07/31/2023)
7/28/2023 LETTER MOTION addressed to Judge Analisa Torres from sabrina shroff dated July 28, 2023 re: Defense request for copy of video showing brutal attack on Mr. Spencer when incarcerated at MDC Brooklyn . Document filed by Nyshiem Spencer. (Shroff, Sabrina) (Entered: 07/28/2023)
7/17/2023MEMO ENDORSEMENT as to Stefvon Eley on re: 439 LETTER by USA as to Stefvon Eley addressed to Judge Analisa Torres from Andrew K. Chan dated July 14, 2023 re: Proposed Briefing Schedule for Defendant Stefvon Eley's Motion to Vacate Guilty Plea to Count Seven. ENDORSEMENT: GRANTED. The sentencing scheduled for July 25, 2023, is ADJOURNED to October 17, 2023, at 2:00 p.m. (Sentencing set for 10/17/2023 at 02:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 7/17/2023) (ap) (Entered: 07/17/2023)
7/14/2023 LETTER by USA as to Stefvon Eley addressed to Judge Analisa Torres from Andrew K. Chan dated July 14, 2023 re: Proposed Briefing Schedule for Defendant Stefvon Eley's Motion to Vacate Guilty Plea to Count Seven Document filed by USA. (Chan, Andrew) (Entered: 07/14/2023)
7/11/2023SENTENCING SUBMISSION by Stefvon Eley. (Bertan, David) (Entered: 07/11/2023)
6/30/2023LETTER RESPONSE to Motion by USA as to Lafone Eley addressed to Judge Analisa Torres from USA dated June 30, 2023 re: 436 LETTER MOTION addressed to Judge Analisa Torres from Fern Mechlowitz dated June 30, 2023 re: Request for Early Termination of Supervised Release .. (Rodriguez, Justin) (Entered: 06/30/2023)
6/30/2023 LETTER MOTION addressed to Judge Analisa Torres from Fern Mechlowitz dated June 30, 2023 re: Request for Early Termination of Supervised Release . Document filed by Lafone Eley. (Attachments: # 1 Exhibit A - Letter of Support from Ashley Mercado)(Mechlowitz, Fern) (Entered: 06/30/2023)
6/12/2023MEMO ENDORSEMENT as to Stefvon Eley granting 434 LETTER MOTION addressed to Judge Analisa Torres from David K. Bertan, Esq. dated June 8, 2023 re: Adjourn Sentence. ENDORSEMENT: GRANTED. The sentencing scheduled for June 20, 2023, is ADJOURNED to July 25, 2023, at 1:30 p.m. SO ORDERED. (Sentencing set for 7/25/2023 at 01:30 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 6/12/2023) (lnl) (Entered: 06/12/2023)
6/12/2023 LETTER MOTION addressed to Judge Analisa Torres from David K. Bertan, Esq. dated June 8, 2023 re: Adjourn Sentence . Document filed by Stefvon Eley. (Bertan, David) (Entered: 06/12/2023)
6/6/2023ORDER as to Nyshiem Spencer: The Court has reviewed the parties' letters dated May 31 and June 6, 2023. ECF Nos. 430, 432. Defendant's request is DENIED as moot. SO ORDERED. (Signed by Judge Analisa Torres on 6/6/2023) (lnl) (Entered: 06/06/2023)
6/6/2023 LETTER by USA as to Nyshiem Spencer addressed to Judge Analisa Torres from USA dated June 6, 2023 re: Response to Defendant's May 31, 2023 Letter Document filed by USA. (Rodriguez, Justin) (Entered: 06/06/2023)
6/5/2023ORDER as to Nyshiem Spencer: The Court has reviewed Defendant's letter dated May 31, 2023. ECF No. 430. By June 7, 2023, the Government shall respond to Defendant's letter. SO ORDERED. (Responses due by 7/7/2023) (Signed by Judge Analisa Torres on 6/5/2023) (lnl) (Entered: 06/06/2023)
5/31/2023 LETTER by Nyshiem Spencer addressed to Judge Analisa Torres from Mari Byrne dated May 31, 2023 re: Regarding the Transfer of Correctional Facility (Byrne, Mari) (Entered: 05/31/2023)
5/2/2023 MEMO ENDORSEMENT as to Stefvon Eley (3) granting 428 LETTER MOTION addressed to Judge Analisa Torres from David K. Bertan, Esq. dated May 1, 2023 re: adjourn sentence. ENDORSEMENT: GRANTED. The sentencing scheduled for May 9, 2023, is ADJOURNED to June 20, 2023, at 4:00 p.m. (Signed by Judge Analisa Torres on 5/2/2023) (ap)
5/2/2023Set/Reset Hearings as to Stefvon Eley: Sentencing set for 6/20/2023 at 04:00 PM before Judge Analisa Torres. (ap) (Entered: 05/02/2023)
5/1/2023 LETTER MOTION addressed to Judge Analisa Torres from David K. Bertan, Esq. dated May 1, 2023 re: adjourn sentence . Document filed by Stefvon Eley. (Bertan, David) (Entered: 05/01/2023)
4/19/2023MEMO ENDORSEMENT 426 LETTER MOTION addressed to Judge Analisa Torres from Sabrina P. Shroff dated April 18, 2023 re: Assault at MDC as to Nyshiem Spencer...ENDORSEMENT...SO ORDERED (Signed by Judge Analisa Torres on 4/19/2023) (jw) (Entered: 04/19/2023)
4/18/2023 LETTER MOTION addressed to Judge Analisa Torres from Sabrina P. Shroff dated April 18, 2023 re: Assault at MDC . Document filed by Nyshiem Spencer. (Attachments: # 1 Exhibit letter)(Shroff, Sabrina) (Entered: 04/18/2023)
3/9/2023Set/Reset Deadlines/Hearings as to Nyshiem Spencer: Sentencing set for 10/10/2023 at 11:00 AM before Judge Analisa Torres (jw) (Entered: 03/09/2023)
3/9/2023MEMO ENDORSEMENT 424 LETTER MOTION addressed to Judge Analisa Torres from Luca Marzorati dated March 8, 2023 re: Requesting a Three Month Adjournment of the Sentencing Date and a Continuation of the First and Final Disclosure of the Presentencing Report as to Nyshiem Spencer...ENDORSEMENT...Granted. The sentencing scheduled for July 5, 2023, is ADJOURNED to October 10, 2023 at 11:00am (Signed by Judge Analisa Torres on 3/9/2023) (jw) (Entered: 03/09/2023)
3/8/2023 LETTER MOTION addressed to Judge Analisa Torres from Luca Marzorati dated March 8, 2023 re: Requesting a Three Month Adjournment of the Sentencing Date and a Continuation of the First and Final Disclosure of the Presentencing Report . Document filed by Nyshiem Spencer. (Marzorati, Luca) (Entered: 03/08/2023)
3/1/2023Minute Entry for proceedings held before Judge Analisa Torres: Attorney Appointment Hearing as to Stefvon Eley held on 3/1/2023. Minute entry for proceedings held before the Honorable Analisa Torres: Substitution of counsel hearing held for Defendant Stefvon Eley. Defendant Eley present with CJA attorney Jeremy Schneider. CJA attorney David Bertan present. Court reporter present. Defendant's application for a substitution of counsel is GRANTED. Jeremy Schneider is relieved as counsel, and David Bertan is appointed as CJA counsel, for the reasons stated on the record. The sentencing scheduled for April 25, 2023, is ADJOURNED to May 9, 2023, at 11:00 a.m. (Sentencing set for 5/9/2023 at 11:00 AM before Judge Analisa Torres) (lnl) (Entered: 03/01/2023)
2/8/2023MEMO ENDORSEMENT as to Nyshiem Spencer granting 422 LETTER by Nyshiem Spencer addressed to Judge Analisa Torres from Luca Marzorati and Sabrina P. Schroff dated February 7, 2023 re: Presentence Report. ENDORSEMENT: GRANTED. The sentencing scheduled for June 20, 2023, is ADJOURNED to July 5, 2023, at 11:00 a.m. SO ORDERED. (Sentencing set for 7/5/2023 at 11:00 AM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 2/8/2023) (lnl) (Entered: 02/08/2023)
2/7/2023 LETTER by Nyshiem Spencer addressed to Judge Analisa Torres from Luca Marzorati and Sabrina P. Schroff dated February 7, 2023 re: Presentence Report (Marzorati, Luca) (Entered: 02/07/2023)
1/25/2023ORDER as to Stefvon Eley: The Court has reviewed the letter at ECF No. 420. Accordingly, the Court will hold a substitution of counsel hearing in this action on March 1, 2023, at 2:00 p.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. The Government need not attend. Additionally, the sentencing scheduled for March 1, 2023, is ADJOURNED to April 25, 2023, at 1:00 p.m. SO ORDERED. (Substitution of Counsel Hearing set for 3/1/2023 at 02:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. Sentencing set for 4/25/2023 at 01:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 1/25/2023) (lnl) (Entered: 01/25/2023)
1/23/2023 LETTER MOTION addressed to Judge Analisa Torres from Jeremy Schneider dated January 23, 2023 re: substitution of counsel . Document filed by Stefvon Eley. (Schneider, Jeremy) (Entered: 01/23/2023)
1/13/2023ENDORSED LETTER as to (20-Cr-78-03) Stefvon Eley addressed to Judge Analisa Torres from Attorney Jeremy Schneider dated January 12, 2023 re: I am the attorney for Stefvon Eley, the defendant in the above-named matter, who is scheduled to be sentenced on January 31, 2023 at 11:30 a.m. I write without objection from the government, by AUSA Andrew Chan, to respectfully request a sentencing adjournment to March 21, 2023. ENDORSEMENT: GRANTED. The sentencing scheduled for January 31, 2023, is ADJOURNED to March 1, 2023, at 2:00 p.m. SO ORDERED. ( Sentencing set for 3/1/2023 at 02:00 PM before Judge Analisa Torres. ) (Signed by Judge Analisa Torres on 1/13/2023)(bw) (Entered: 01/13/2023)
1/12/2023 LETTER MOTION addressed to Judge Analisa Torres from Jeremy Schneider dated January 12, 2023 re: Sentencing Adjournment . Document filed by Stefvon Eley. (Schneider, Jeremy) (Entered: 01/12/2023)
11/21/2022MANDATE of USCA (Certified Copy) as to Lafone Eley re: 299 Notice of Appeal. USCA Case Number 21-2996. Appellant's counsel moves to withdraw this appeal without a signed declaration of Appellant and to be relieved as counsel. IT IS HEREBY ORDERED that the motion is GRANTED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/21/2022. (nd) (Entered: 11/21/2022)
11/14/2022Set/Reset Deadlines/Hearings as to Stefvon Eley: Sentencing set for 1/31/2023 at 11:30 AM before Judge Analisa Torres (jw) (Entered: 11/14/2022)
11/14/2022MEMO ENDORSEMENT 415 LETTER MOTION addressed to Judge Analisa Torres from Jeremy Schneider dated November 10, 2022 re: Request to Adjourn Sentencing...ENDORSEMENT...Granted. The sentencing scheduled for November 30, 2022 is ADJOURNED to January 31, 2023 at 11:30am (Signed by Judge Analisa Torres on 11/14/22) (jw) (Entered: 11/14/2022)
11/10/2022 LETTER MOTION addressed to Judge Analisa Torres from Jeremy Schneider dated November 10, 2022 re: Request to Adjourn Sentencing . Document filed by Stefvon Eley. (Schneider, Jeremy) (Entered: 11/10/2022)
10/18/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Allan Gonzalez. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/7/2022 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: 10/18/2022)
10/18/2022TRANSCRIPT of Proceedings as to Allan Gonzalez re: Sentence held on 9/7/2022 before Judge Analisa Torres. 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 11/9/2022. Redacted Transcript Deadline set for 11/18/2022. Release of Transcript Restriction set for 1/16/2023. (McGuirk, Kelly) (Entered: 10/18/2022)
10/12/2022TRANSFER OUT SUPERVISED RELEASE DOCUMENTS as to Ashanae McLaughlin were electronically retrieved from PACER by the U.S.D.C. District of New Jersey. (Entered: 10/12/2022)
10/12/2022Supervised Release Jurisdiction Transferred Out to the U.S.D.C. District of New Jersey as to Ashanae McLaughlin. (lnl) (Entered: 10/12/2022)
9/21/2022ENDORSED LETTER as to Nyshiem Spencer addressed to Judge Analisa Torres from Sabrina P. Shroff dated 9/15/22 ENDORSEMENT: GRANTED. The sentencing scheduled for March 7, 2023, is ADJOURNED to June 20, 2023, at 11:00 a.m. The Defendant's submissions are due two weeks prior to sentencing. The Government's submissions are due one week prior to sentencing (Sentencing set for 6/20/2023 at 11:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 9/21/22)(jw) (Entered: 09/21/2022)
9/15/2022 LETTER by Nyshiem Spencer addressed to Judge Analisa Torres from Luca Marzorati and Sabrina P. Shroff dated September 15, 2022 re: Presentence Report (Marzorati, Luca) (Entered: 09/15/2022)
9/14/2022JUDICIAL RESPONSE as to (20-Cr-78-11) Ashanae McLaughlin. THE COURT ORDERS: Transfer of Jurisdiction to the District of New Jersey APPROVED. (Signed by Judge Analisa Torres on 9/13/2022) [*** NOTE: Prob 22 Form signed by Judge Torres attached. ***] (bw) (Entered: 09/14/2022)
9/12/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Nyshiem Spencer. Notice is hereby given that an official transcript of a Plea proceeding held on 8/30/2022 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: 09/12/2022)
9/12/2022***DELETED DOCUMENT. Deleted document number 403 Transcript. The document was deleted as per instructions from Court Reporter email to Criminal Case Ops. (jw) (Entered: 09/12/2022)
9/12/2022TRANSCRIPT of Proceedings as to Nyshiem Spencer re: Plea held on 8/30/2022 before Magistrate Judge Jennifer Willis. 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 10/3/2022. Redacted Transcript Deadline set for 10/13/2022. Release of Transcript Restriction set for 12/12/2022. (McGuirk, Kelly) (Entered: 09/12/2022)
9/9/2022JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 9/7/2022. Defendant Allan Gonzalez (8) pleaded guilty to Count(s) 9 of the Indictment (Lesser-Included Offense). Count(s) All open counts are dismissed on the motion of the United States. IMPRISONMENT: Time Served. SUPERVISED RELEASE: Three years. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Analisa Torres on 9/9/2022)(bw) (Entered: 09/09/2022)
9/9/2022DISMISSAL OF COUNTS on Government Motion as to Allan Gonzalez (8) Count 1. (bw) (Entered: 09/09/2022)
9/9/2022ORDER as to Nyshiem Spencer: The Court will hold a hearing for sentencing in this matter on March 7, 2023, at 11:00 a.m. The hearing shall proceed in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. By February 21, 2023, Defendant shall file his sentencing submissions. By February 28, 2023, the Government shall file its sentencing memorandum. (Sentencing set for 3/7/2023 at 11:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 9/9/2022) (ap) (Entered: 09/09/2022)
9/9/2022ORDER as to Nyshiem Spencer: IT IS HEREBY ORDERED that the defendant's guilty plea to Count One of the S3 20 Cr. 78 (AT) superseding information is accepted. (Signed by Judge Analisa Torres on 9/9/2022)(See ORDER set forth) (ap) (Entered: 09/09/2022)
9/8/2022Sentencing
9/7/2022Minute Entry for proceedings held before Judge Analisa Torres: Sentencing held on 9/7/2022 for Allan Gonzalez (8) Count 9. Defendant present with CJA Attorney Jill Shellow. AUSA Justin Rodriguez present for the Government. Court reporter present. Defendant sentenced to time served, to be followed by three years supervised release, for the reasons stated on the record. (jbo) (Entered: 09/08/2022)
9/6/2022ORDER as to Allan Gonzalez: The sentencing scheduled in this matter for September 7, 2022, at 1:00 p.m., is ADJOURNED to September 7, 2022, at 2:00 p.m. (Sentencing set for 9/7/2022 at 02:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 9/6/2022) (ap) (Entered: 09/06/2022)
9/2/2022SENTENCING SUBMISSION by USA as to Allan Gonzalez. (Rodriguez, Justin) (Entered: 09/02/2022)
9/1/2022 LETTER by USA as to Nyshiem Spencer addressed to Judge Analisa Torres from Andrew K. Chan dated September 1, 2022 re: Proposed Order for Court to Accept Guilty Plea of Defendant Nyshiem Spencer Document filed by USA. (Attachments: # 1 Text of Proposed Order Proposed Order Accepting Guilty Plea)(Chan, Andrew) (Entered: 09/01/2022)
8/31/2022Remark
8/30/2022396MEDICAL ATTENTION FORM as to (20-Cr-78-1) Nyshiem Spencer. To the Wardens of the Metropolitan Correctional Center, the Metropolitan Detention Center, or any other detention facility: The above-named defendant has been remanded in lieu of bail at the time of his/her presentment before this Court. At that time, the following information requiring medical attention for the defendant was disclosed: (*** See this document for complete details. ***) (Signed by Magistrate Judge Jennifer E. Willis on 8/30/2022) (bw) (Entered: 08/31/2022)
8/30/2022Order of Referral to Probation for Presentence Investigation and Report as to Nyshiem Spencer. (Signed by Magistrate Judge Jennifer E Willis on 8/30/22)(jbo) (Entered: 08/30/2022)
8/30/2022Change of Not Guilty Plea to Guilty Plea as to Nyshiem Spencer (1) Count 1s. (jbo) (Entered: 08/30/2022)
8/30/2022Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Plea entered by Nyshiem Spencer (1) Guilty as to Count 1s. (jbo) (Entered: 08/30/2022)
8/30/2022Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Change of Plea Hearing as to Nyshiem Spencer held on 8/30/2022. Defendant present with counsel Sabrina Shroff and Mari Byrne. A.U.S.A. Andrew Chan present for the Government. Defendant enters a plea of Guilty to Count #1. Court reporter present. Detention continued. PSI ordered. Control Date:3/7/2023. (jbo) (Entered: 08/30/2022)
8/30/2022395ORDER as to Nyshiem Spencer for medical attention. (Signed by Magistrate Judge Jennifer E Willis on 8/30/22)(jm) (Entered: 08/30/2022)
8/30/2022CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Nyshiem Spencer. (jm) (Entered: 08/30/2022)
8/30/2022WAIVER OF INDICTMENT by Nyshiem Spencer. (jm) (Entered: 08/30/2022)
8/30/2022(S3) SUPERSEDING INFORMATION (Felony) filed as to Nyshiem Spencer (1) count(s) 1s. (jm) (Entered: 08/30/2022)
8/29/2022Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document
8/26/2022SENTENCING SUBMISSION by Allan Gonzalez. (Attachments: # 1 Exhibit Redacted)(Shellow, Jill) (Entered: 08/26/2022)
8/24/2022MEMO ENDORSEMENT 388 LETTER MOTION addressed to Judge Analisa Torres from Jill R. Shellow dated 08/23/2022 re: Request to extend by two days deadline to file sentencing memorandum....ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Analisa Torres on 8/24/22) (jw) (Entered: 08/24/2022)
8/23/2022 LETTER MOTION addressed to Judge Analisa Torres from Jill R. Shellow dated 08/23/2022 re: Request to extend by two days deadline to file sentencing memorandum . Document filed by Allan Gonzalez. (Shellow, Jill) (Entered: 08/23/2022)
8/19/2022MEMO ENDORSEMENT as to Nyshiem Spencer re: 386 LETTER MOTION Extension of Time for Certain Case Deadlines... ENDORSEMENT: GRANTED in part, DENIED in part. By August 29, 2022, the Government shall provide Defendant with an enterprise letter. By September 2, 2022, the parties shall file their motions in limine and their proposed voir dire questions, requests to charge, and verdict form. By September 16, 2022, the parties shall file their oppositions to motions in limine. The Court will not adjourn the final pretrial conference or trial at this time. SO ORDERED. (Motions due by 9/2/2022.) (Signed by Judge Analisa Torres on 8/19/22)(jbo) (Entered: 08/19/2022)
8/18/2022 LETTER MOTION addressed to Judge Analisa Torres from Luca Marzorati dated August 18, 2022 re: Extension of Time for Certain Case Deadlines . Document filed by Nyshiem Spencer. (Marzorati, Luca) (Entered: 08/18/2022)
8/15/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Nyshiem Spencer. Notice is hereby given that an official transcript of a Conference proceeding held on 7/6/2022 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: 08/15/2022)
8/15/2022TRANSCRIPT of Proceedings as to Nyshiem Spencer re: Conference held on 7/6/2022 before Judge Analisa Torres. Court Reporter/Transcriber: Sara Beiter, (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 9/6/2022. Redacted Transcript Deadline set for 9/15/2022. Release of Transcript Restriction set for 11/14/2022. (McGuirk, Kelly) (Entered: 08/15/2022)
7/29/2022Change of Not Guilty Plea, ~Util - Plea Entered, ~Util - Set/Reset Hearings, Change of Plea Hearing
7/27/2022Change of Not Guilty Plea to Guilty Plea as to Stefvon Eley (3) Count 5,7. (jbo) (Entered: 07/29/2022)
7/27/2022Minute Entry for proceedings held before Judge Analisa Torres: Plea entered by Stefvon Eley (3) Guilty of Lesser Offense as to Count 5,7. (jbo) (Entered: 07/29/2022)
7/27/2022Minute Entry for proceedings held before Judge Analisa Torres: Change of Plea Hearing as to Stefvon Eley held on 7/27/2022. Defendant present with CJA attorney Jeremy Schneider. AUSAs Andrew Chan and Emily Johnson present for the Government. Court reporter present. Defendant pleaded guilty to lesser included offenses of Counts Five and Seven of the Indictment. Sentencing set for November 30, 2022, at 11:00 a.m. Defendant's submission is due two weeks prior to sentencing. The Government's submission is due one week prior to sentencing. (Sentencing set for 11/30/2022 at 11:00 AM before Judge Analisa Torres.) (jbo) (Entered: 07/29/2022)
7/25/2022ORDER as to Stefvon Eley. The Court shall hold a change of plea hearing for Defendant Stefvon Eley in person on July 27, 2022, at 2:00 p.m., in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. (Change of Plea Hearing set for 7/27/2022 at 02:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 7/25/22)(jw) (Entered: 07/25/2022)
7/25/2022MEMO ENDORSEMENT as to Nyshiem Spencer, Stefvon Eley on re: The parties respectfully request that the Government's deadline for producing an Enterprise Letter be adjourned to August 9, 2022. The adjournment will allow the parties to complete their negotiations regarding whether a pretrial resolution is possible in this case. Additionally, the production of the Enterprise Letter on August 9, 2022 will still allow the defendants to review the letter and file any appropriate motions in limine by August 23, 2022...ENDORSEMENT..Granted. SO ORDERED (Signed by Judge Analisa Torres on 7/25/22)(jw) (Entered: 07/25/2022)
7/22/2022 LETTER by USA as to Nyshiem Spencer, Stefvon Eley addressed to Judge Analisa Torres from Andrew K. Chan dated July 22, 2022 re: Request for Adjournment of Enterprise Letter Deadline Document filed by USA. (Chan, Andrew) (Entered: 07/22/2022)
7/12/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Shalik Jenkins. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/7/2022 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: 07/12/2022)
7/12/2022TRANSCRIPT of Proceedings as to Shalik Jenkins re: Sentence held on 6/7/2022 before Judge Analisa Torres. 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 8/2/2022. Redacted Transcript Deadline set for 8/12/2022. Release of Transcript Restriction set for 10/11/2022. (McGuirk, Kelly) (Entered: 07/12/2022)
7/8/2022ORDER as to Nyshiem Spencer, Stefvon Eley. Trial in this matter shall begin on October 3, 2022, at 9:00 a.m., and shall proceed in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. Accordingly, 1. The parties shall file any motions in limine by August 23, 2022. The parties shall file any opposition to any motions in limine by September 6, 2022. 2. The parties shall submit joint proposed voir dire questions, requests to charge, and verdict forms by August 23, 2022. For any proposed voir dire question, request to charge, or section of the verdict form on which the parties cannot agree, each party shall clearly set forth its proposal and briefly state why the Court should use that question, charge, or verdict form section, with citations to supporting authority. The parties shall include with their proposed voir dire questions a brief description of the case and a list of names and places likely to be mentioned at trial, both to be read to prospective jurors during jury selection. In addition, the parties shall e-mail these materials, as Microsoft Word documents, to Torres_NYSDChambers@nysd.uscourts.gov. 3. At the start of trial, the Government shall provide the Court with three hard copies of its exhibit list, and two sets of pre-marked documentary exhibits and Section 3500 material assembled sequentially in a loose leaf binder, or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference. 4. The final pretrial conference shall be held on September 21, 2022, at 1:00 p.m., in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. As stated at the status conference held on July 6, 2022, the Government shall provide any enterprise letter to the Defendants by July 26, 2022. SO ORDERED. (Signed by Judge Analisa Torres on 7/8/22)(jbo) (Entered: 07/08/2022)
7/6/2022Minute Entry for proceedings held before Judge Analisa Torres: Status Conference as to Nyshiem Spencer, Stefvon Eley held on 7/6/2022. Defendant Spencer present with CJA attorneys Sabrina Shroff and Luca Marzorati. Defendant Eley present with CJA attorney Jeremy Schneider. AUSA Andrew Chan present for the Government. Court reporter present. Government to produce enterprise letter by July 26, 2022. Trial scheduled to begin on October 3, 2022, at 9:00 a.m. Motions in limine and pretrial submissions due by August 23, 2022, with opposition to be filed by September 6, 2022. Final pretrial conference to be held on September 21, 2022, at 1:00 p.m. (Motions due by 8/23/2022. Responses due by 9/6/2022, Jury Trial set for 10/3/2022 at 09:00 AM before Judge Analisa Torres. Final Pretrial Conference set for 9/21/2022 at 01:00 PM before Judge Analisa Torres.) (lnl) (Entered: 07/08/2022)
6/9/2022ORDER as to Nyshiem Spencer, Stefvon Eley: The status conference in this matter for Defendants Nyshiem Spencer and Stefvon Eley scheduled for June 14, 2022, is ADJOURNED to July 6, 2022, at 2:00 p.m. The conference shall proceed in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. In light of the ongoing COVID-19 pandemic, all individuals seeking entry to 500 Pearl Street must complete a questionnaire before being allowed entry into the courthouse. To gain entry to 500 Pearl Street, follow the instructions provided here: https://www.nysd.uscourts.gov/covid-19-coronavirus. All individuals must practice social distancing at all times in the courthouse. Individuals must wear a N95, KN95, or KF95 mask that covers their nose and mouth at all times in the courthouse. Bandanas, gaiters, cloth masks, surgical masks, and masks with valves are not permitted. SO ORDERED. (Status Conference set for 7/6/2022 at 02:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 6/9/2022) (lnl) (Entered: 06/09/2022)
6/7/2022JUDGMENT IN A CRIMINAL CAE as to Ashanae McLaughlin (11). The Defendant pleaded guilty to count 10, conspiracy to commit bank fraud. All open counts are dismissed on the motion of the United States. IMPRISONMENT: Time served. SUPERVISED RELEASE: Three years. ASSESSMENT: $100.00 due immediately. RESTITUTION: $1,711.00. (Signed by Judge Analisa Torres on 6/7/2022) (lnl) (Entered: 06/08/2022)
6/7/2022CONSENT ORDER OF RESTITUTION as to Ashanae McLaughlin. (Signed by Judge Analisa Torres on 6/7/2022) (See ORDER as set forth) (lnl) (Entered: 06/08/2022)
6/7/2022JUDGMENT IN A CRIMINAL CASE as to Shalik Jenkins (4). The Defendant pleaded guilty to count One of Superseding Information, conspiracy to commit bank fraud. All remaining counts are dismissed on the motion of the United States. IMPRISONMENT: Time served. SUPERVISED RELEASE: Three years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Analisa Torres on 6/7/2022) (lnl) (Entered: 06/08/2022)
6/7/2022DISMISSAL OF COUNTS on Government Motion as to Shalik Jenkins (4) Count 1,9. (bw) (Entered: 06/07/2022)
6/7/2022Minute Entry for proceedings held before Judge Analisa Torres: Sentencing held on 6/7/2022 for Shalik Jenkins (4) Count 1s. Minute entry for proceedings held before Judge Analisa Torres: Sentencing held for Defendant Shalik Jenkins. Defendant present with CJA Attorney James Neumann. AUSA Justin Rodriguez present for the Government. Court reporter present. Defendant sentenced to time served, to be followed by three years of supervised release, for the reasons stated on the record. All open counts dismissed on the motion of the Government. (bw) (Entered: 06/07/2022)
6/7/2022DISMISSAL OF COUNTS on Government Motion as to Ashanae McLaughlin (11) Count 1,11. (bw) (Entered: 06/07/2022)
6/7/2022Minute Entry for proceedings held before Judge Analisa Torres: Sentencing held on 6/7/2022 for Ashanae McLaughlin (11) Count 10. Minute entry for proceedings held before Judge Analisa Torres: Sentencing held for Defendant Ashanae McLaughlin. Defendant present with Attorneys Spiro Ferris and Robert Leighton. AUSA Emily Johnson present for the Government. Court reporter present. Defendant sentenced to time served, to be followed by three years of supervised release, for the reasons stated on the record. Defendant shall make restitution of $1,711.00, and forfeit $6,603.04 in U.S. currency, representing proceeds traceable to the commission of the offense in Count 10. All open counts dismissed on the motion of the Government. (bw) (Entered: 06/07/2022)
6/6/2022CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Ashanae McLaughlin. SO ORDERED. (Signed by Judge Analisa Torres on 6/6/2022) (lnl) (Entered: 06/06/2022)
6/3/2022ORDER as to Nyshiem Spencer, Stefvon Eley: The Court shall hold a status conference in this matter for Defendants Stefvon Eley and Nyshiem Spencer on June 14, 2022, at 2:00 p.m. The conference shall proceed in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. In light of the ongoing COVID-19 pandemic, all individuals seeking entry to 500 Pearl Street must complete a questionnaire before being allowed entry into the courthouse. To gain entry to 500 Pearl Street, follow the instructions provided here: https://www.nysd.uscourts.gov/covid-19-coronavirus. All individuals must practice social distancing at all times in the courthouse. Individuals must wear a N95, KN95, or KF95 mask that covers their nose and mouth at all times in the courthouse. Bandanas, gaiters, cloth masks, surgical masks, and masks with valves are not permitted. SO ORDERED. (Status Conference set for 6/14/2022 at 02:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 6/3/2022) (lnl) (Entered: 06/03/2022)
5/31/2022SENTENCING SUBMISSION by USA as to Shalik Jenkins. (Rodriguez, Justin) (Entered: 05/31/2022)
5/31/2022Sentencing Letter by USA as to Ashanae McLaughlin addressed to Judge Analisa Torres from Andrew K. Chan dated May 31, 2022 re: Government's Sentencing Recommendation for Defendant Ashanae McLaughlin. (Chan, Andrew) (Entered: 05/31/2022)
5/25/2022SENTENCING SUBMISSION by Ashanae McLaughlin. (Attachments: # 1 Exhibit Young Adult Opportunity Program, # 2 Civil Cover Sheet Cover Sheet, # 3 Exhibit Certificate CORE Center)(Ferris, Spiro) (Entered: 05/25/2022)
5/24/2022SENTENCING SUBMISSION by Shalik Jenkins. (Attachments: # 1 Exhibit Letters from friends and family, # 2 Exhibit certificates)(Neuman, James) (Entered: 05/24/2022)
5/20/2022ORDER as to Stefvon Eley: Eley's motion is DENIED. The Clerk of Court is directed to terminate the motion pending at ECF No. 349. (Signed by Judge Analisa Torres on 5/20/2022) (See ORDER set forth) (ap) (Entered: 05/20/2022)
5/13/2022TRANSCRIPT of Proceedings as to Allan Gonzalez re: Conference held on 4/20/22 before Judge Analisa Torres. Court Reporter/Transcriber: George Malinowski, (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 6/3/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/11/2022. (Moya, Goretti) (Entered: 05/13/2022)
5/13/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Allan Gonzalez. Notice is hereby given that an official transcript of a Conference proceeding held on 4/20/22 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: 05/13/2022)
5/2/2022MEMO ENDORSEMENT as to Nyshiem Spencer, Stefvon Eley on re: 360 Trial in the above-referenced case was adjourned from May 2, 2022 to October 3, 2022 because of the schedules of defense counsel. (Docket No. 323). The Government respectfully requests that the Court exclude time under the Speedy Trial Act between today and October 3, 2022....ENDORSEMENT...GRANTED. Time until October 3, 2022, shall be excluded under the Speedy Trial Act, 18U.S.C. � 3161(h)(7), because the ends of justice served by excluding such time outweigh theinterests of the public and Defendants in a speedy trial in that this will allow for theDefendants to review discovery, prepare for trial, and discuss potential pretrial resolutions ofthis matter with the Government. Time excluded from 5/2/22 until 10/3/22. (Signed by Judge Analisa Torres on 5/2/22)(jw) (Entered: 05/02/2022)
5/2/2022 LETTER by USA as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin addressed to Judge Analisa Torres from Andrew K. Chan dated May 2, 2022 re: Exclusion of Time under Speedy Trial Act Document filed by USA. (Chan, Andrew) (Entered: 05/02/2022)
4/28/2022ORDER as to Nyshiem Spencer: For the reasons stated above, Spencer's motion i s DENIED. The Clerk of Court is directed to terminate the motion pending at ECF No. 306. SO ORDERED. (Signed by Judge Analisa Torres on 4/28/2022) (See ORDER as set forth) (lnl) (Entered: 04/28/2022)
4/27/2022ORDER as to Ashanae McLaughlin: The sentencing scheduled on May 17, 2022, for Defendant Ashanae McLaughlin is ADJOURNED to June 7, 2022, at 11:30 a.m., and shall proceed in person, in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED. (Sentencing set for 6/7/2022 at 11:30 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 4/26/2022) (lnl) (Entered: 04/27/2022)
4/20/2022Minute Entry for proceedings held before Judge Analisa Torres: Plea entered by Allan Gonzalez (8) Guilty of Lesser Offense as to Count 9. (jbo) (Entered: 04/20/2022)
4/20/2022Minute Entry for proceedings held before Judge Analisa Torres: Change of Plea Hearing as to Allan Gonzalez held on 4/20/2022. Defendant present with CJA Attorney Jill Shellow. AUSA Justin Rodriguez present for the Government. Court reporter present. Defendant pleaded guilty to conspiracy to distribute and possess with intent to distribute mixtures and substances containing a detectable amount of cocaine base, a lesser included offense of Count Nine of the Indictment. Sentencing set for September 7, 2022, at 1:00 p.m. Defendant's submission is due two weeks prior to sentencing. The Government's submission is due one week prior to sentencing. Defendant shall remain on bail pending sentencing. (Sentencing set for 9/7/2022 at 01:00 PM before Judge Analisa Torres.) (jbo) (Entered: 04/20/2022)
4/15/2022MEMORANDUM in Opposition by USA as to Stefvon Eley re 349 MOTION to Sever Defendant . MOTION to Suppress .. (Attachments: # 1 Affidavit of Det. Michael Munroe)(Johnson, Emily) (Entered: 04/15/2022)
4/6/2022 LETTER MOTION addressed to Judge Analisa Torres dated April 6, 2022 re: Request to Unseal Probation Records Concerning Supervsion of Elijah Burt. Document filed by USA as to Elijah Burt. (King, Matthew) (Entered: 04/06/2022)
4/6/2022NOTICE OF ATTORNEY APPEARANCE Matthew J. King appearing for USA. (King, Matthew) (Entered: 04/06/2022)
4/6/2022 NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Elijah Burt: Notice to Attorney Christine Delince to RE-FILE Document [353] MOTION Update Letter . Use the event type Letter Motion found under the event list Motions. (db) (Entered: 04/06/2022)
4/6/2022 MOTION Update Letter . Document filed by Elijah Burt. (Attachments: # 1 Exhibit Exhibit A)(Delince, Christine) (Entered: 04/06/2022)
3/22/2022MEMORANDUM in Support by Stefvon Eley re 349 MOTION to Sever Defendant . MOTION to Suppress .. (Schneider, Jeremy) (Entered: 03/22/2022)
3/22/2022 MOTION to Sever Defendant ., MOTION to Suppress . Document filed by Stefvon Eley. (Schneider, Jeremy) (Entered: 03/22/2022)
3/8/2022ORDER as to Allan Gonzalez: The Court shall hold a change of plea hearing for Defendant Allan Gonzalez on April 20, 2022, at 11:00 a.m. The hearing shall proceed in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. In light of the ongoing COVID-19 pandemic, all individuals seeking entry to 500 Pearl Street must complete a questionnaire and have their temperature taken before being allowed entry into the courthouse. (Change of Plea Hearing set for 4/20/2022 at 11:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (See ORDER set forth) (Signed by Judge Analisa Torres on 3/8/2022) (ap) (Entered: 03/08/2022)
3/2/2022ORDER as to Ashanae McLaughlin: The sentencing scheduled on May 14, 2022, for Defendant Ashanae McLaughlin is ADJOURNED to May 17, 2022, at 1:00 p.m., and shall proceed in person, in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED. (Sentencing set for 5/17/2022 at 01:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 3/2/2022) (lnl) (Entered: 03/02/2022)
2/24/2022MEMO ENDORSEMENT as to Stefvon Eley on re: 342 LETTER MOTION addressed to Judge Analisa Torres from Jeremy Schneider dated February 18, 2022 re: Request for extension of motion deadlines. ENDORSEMENT: GRANTED. By March 22, 2022, Defendant Stefvon Eley shall file his motion for severance and Wade motion. The Government shall file its responses by April 15, 2022. By April 29, 2022, Defendant shall file any reply. The Clerk of Court is directed to STRIKE the document at ECF No. 343. (Motions due by 3/22/2022. Responses due by 4/15/2022. Replies due by 4/29/2022) (Signed by Judge Analisa Torres on 2/24/2022) (ap) (Entered: 02/24/2022)
2/18/2022Set/Reset Deadlines/Hearings as to Nyshiem Spencer: Motions due by 3/22/2022. Defendant Replies due by 4/29/2022. Government Responses due by 4/15/2022. (jw) (Entered: 02/18/2022)
2/18/2022MEMO ENDORSEMENT 341 Motion for Extension of Time to File as to Nyshiem Spencer...ENDORSEMENT...GRANTED. By March 22, 2022, Defendant Nyshiem Spencer shall file any motion for severance. By April 15, 2022, the Government shall file its response. By April 29, 2022, Defendant may file a reply, if any. (Signed by Judge Analisa Torres on 2/18/22) (jw) (Entered: 02/18/2022)
2/18/2022Set/Reset Deadlines/Hearings as to Stefvon Eley: Motions due by 3/22/2022. Defendant Replies due by 4/29/2022. Government Responses due by 4/15/2022. (jw) (Entered: 02/18/2022)
2/18/2022MEMO ENDORSEMENT granting 342 LETTER MOTION re: 342 LETTER MOTION addressed to Judge Analisa Torres from Jeremy Schneider dated February 18, 2022 re: Request for extension of motion deadlines....ENDORSEMENT...GRANTED. By March 22, 2022, Defendant Stefvon Eley shall file his motion for severance and Wade motion. The Government shall file its responses by April 15, 2022. By April 29, 2022, Defendant shall file any reply. (Signed by Judge Analisa Torres on 2/18/22) (jw) (Entered: 02/18/2022)
2/18/2022 LETTER MOTION addressed to Judge Analisa Torres from Jeremy Schneider dated February 18, 2022 re: Request for extension of motion deadlines . Document filed by Stefvon Eley. (Schneider, Jeremy) (Entered: 02/18/2022)
2/17/2022 MOTION for Extension of Time to File a motion for severance of trial. Document filed by Nyshiem Spencer. (Marzorati, Luca) (Entered: 02/17/2022)
2/10/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Shalik Jenkins. Notice is hereby given that an official transcript of a Conference proceeding held on 1/31/22 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: 02/10/2022)
2/10/2022TRANSCRIPT of Proceedings as to Shalik Jenkins re: Conference held on 1/31/22 before Magistrate Judge Stewart D. Aaron. 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 3/3/2022. Redacted Transcript Deadline set for 3/14/2022. Release of Transcript Restriction set for 5/11/2022. (Moya, Goretti) (Entered: 02/10/2022)
2/8/2022ORDER as to (S2 20-Cr-78) Shalik Jenkins. WHEREAS, with the defendant's consent, his guilty plea allocution was made before United States Magistrate Judge Stewart D.Aaron on January 31, 2022; WHEREAS, a transcript of the allocution was made and thereafter was transmitted to the District Court; and WHEREAS, upon review of that transcript, this Court has determined that the defendant entered the guilty plea knowingly and voluntarily and that there was a factual basis for the guilty plea; IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. The Court shall hold a sentencing for the defendant on June 7, 2022, at 10:00 a.m., in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. Defendant's submissions shall be due two weeks prior to sentencing. The Government's submissions shall be due one week prior to sentencing. SO ORDERED: ( Sentencing set for 6/7/2022 at 10:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. )(Signed by Judge Analisa Torres on 2/2/2022)(bw) (Entered: 02/08/2022)
2/4/2022MEMO ENDORSEMENT as to Shalik Jenkins (4) granting 336 LETTER MOTION addressed to Judge Analisa Torres from James E. Neuman dated 2/3/2022 re: request to modify conditions of release. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 2/4/2022) (ap) (Entered: 02/04/2022)
2/3/2022 LETTER MOTION addressed to Judge Analisa Torres from James E. Neuman dated 2/3/2022 re: request to modify conditions of release . Document filed by Shalik Jenkins. (Neuman, James) (Entered: 02/03/2022)
2/2/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Stefvon Eley. Notice is hereby given that an official transcript of a Conference proceeding held on 11/18/21 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.... (Moya, Goretti) (Entered: 02/02/2022)
2/2/2022TRANSCRIPT of Proceedings as to Stefvon Eley re: Conference held on 11/18/21 before Judge Analisa Torres. Court Reporter/Transcriber: Patricia Nilsen, (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 2/23/2022. Redacted Transcript Deadline set for 3/7/2022. Release of Transcript Restriction set for 5/3/2022. (Moya, Goretti) (Entered: 02/02/2022)
2/1/2022 LETTER by USA as to Stefvon Eley addressed to Judge Analisa Torres from Andrew K. Chan dated February 1, 2022 re: Disclosure of Ex Parte Letter to Defendant Stefvon Eley Regarding Witness Identification Procedure Document filed by USA. (Chan, Andrew) (Entered: 02/01/2022)
1/31/2022 CONSWENT TO TELECONFERENCE as to Shalik Jenkins. (jm) (Entered: 01/31/2022)
1/31/2022CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Shalik Jenkins. (jm) (Entered: 01/31/2022)
1/31/2022Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Deft. present with counsel James Neuman; AUSA Emily Johnson is also present. Arraignment as to Shalik Jenkins (4) Count 1s held on 1/31/2022. Plea entered by Shalik Jenkins (4) Guilty as to Count 1s. USMJ Aaron recommends acceptance of the plea. Control date set for 5/2/22. (Court Reporter PRESENT) (jm) (Entered: 01/31/2022)
1/31/2022WAIVER OF INDICTMENT by Shalik Jenkins. (jm) (Entered: 01/31/2022)
1/27/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonell Danforth. Notice is hereby given that an official transcript of a Conference proceeding held on 1/6/22 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: 01/27/2022)
1/27/2022TRANSCRIPT of Proceedings as to Jonell Danforth re: Conference held on 1/6/22 before Judge Analisa Torres. 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 2/17/2022. Redacted Transcript Deadline set for 2/28/2022. Release of Transcript Restriction set for 4/27/2022. (Moya, Goretti) (Entered: 01/27/2022)
1/25/2022ORDER as to Shalik Jenkins... THE COURT HEREBY FINDS, that because the defendant has consented to proceeding remotely, and for the reasons set forth in the parties' application dated January 24, 2022, the plea cannot be further delayed without serious harm to the interests of justice. SO ORDERED. (Signed by Judge Analisa Torres on 1/25/22)(jbo) (Entered: 01/25/2022)
1/24/2022 REPLY MEMORANDUM OF LAW in Support as to Nyshiem Spencer re: 306 MOTION for Bill of Particulars and Cooperating Witness Information. . (Marzorati, Luca) (Entered: 01/24/2022)
1/18/2022ORDER as to (20-Cr-78-3) Stefvon Eley. The status conference for Defendant Stefvon Eley scheduled for January 18, 2022, is ADJOURNED to January 25, 2022, at 12:00 p.m., using the Court's videoconferencing system. See In re Coronavirus/Covid-19 Pandemic, No. 20 Misc. 176 (S.D.N.Y. Dec. 22, 2021), ECF No. 8 (finding that the COVID-19 pandemic necessitates conducting criminal proceedings remotely). Chambers will provide the parties with instructions on how to appear via video. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. SO ORDERED. ( Status Conference set for 1/25/2022 at 12:00 PM before Judge Analisa Torres. )(Signed by Judge Analisa Torres on 1/18/2022)(bw) (Entered: 01/18/2022)
1/18/2022ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. The Court previously adopted the Government's proposed groupings of defendants for trial, and scheduled a jury trial to begin for the first group of defendants on May 2, 2022. ECF No. 188. On December 13, 2021, the Court asked the parties to provide blackout dates for trial for the second and third calendar quarters of 2022, in light of the centralized calendaring system for jury trials adopted by the Southern District of New York during the COVID-19 pandemic. ECF No. 302. On January 14, 2022, the parties provided a joint letter providing their availability, and indicating that counsel for Defendants Nyshiem Spencer and Stefvon Eley, in particular, were unavailable to proceed to trial until the fall of 2022. ECF No. 322. In compliance with the Court's directives, counsel for Defendants Nyshiem Spencer, Stefvon Eley, and Allan Gonzalez provided supplemental letters detailing their availability with greater specificity. The Court has concluded, based on the parties' provided blackout dates and the Court's availability, that it is not practicable to set trial in this matter until the fourth calendar quarter of 2022. Accordingly, the Court shall request a trial in that quarter, with a control date of October 3, 2022. The trial scheduled for May 1, 2022, is therefore ADJOURNED to October 3, 2022. By August 1, 2022, the parties shall submit a joint letter providing any blackout dates for the fourth calendar quarter of 2022. The parties must provide specific reasons for any stated blackout dates---the Court will not accept blanket statements of unavailability. As the remaining Defendants have indicated they wish to file motions for severance of trial, the Court sets the following briefing schedule. 1. By February 22, 2022, Defendants shall file any motion for severance; 2. By March 15, 2022, the Government shall file any response; 3. By March 29, 2022, Defendants shall file their reply, if any. SO ORDERED. (Signed by Judge Analisa Torres on 1/18/2022)(bw) (Entered: 01/18/2022)
1/14/2022 LETTER by USA as to Nyshiem Spencer, Stefvon Eley, Shalik Jenkins, Allan Gonzalez addressed to Judge Analisa Torres from Justin V. Rodriguez dated January 14, 2022 re: Trial Groupings and Scheduling Document filed by USA. (Rodriguez, Justin) (Entered: 01/14/2022)
1/11/2022JUDGMENT IN A CRIMINAL CASE as to Jonell Danforth (9).The Defendant pleaded guilty to counts One, racketeering conspiracy; Eight, assault with weapon in furtherance of racketeering. Count Nine is dismissed on the motion of the United States., IMPRISONMENT: Thirty-four months. The court makes the following recommendations to the Bureau of Prisons: Mr. Danforth should be incarcerated in a facility close to his family's home in the Bronx, New York. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Three years on both counts, to run concurrently. ASSESSMENT: $200.00 due immediately. (Signed by Judge Analisa Torres on 1/11/2022) (lnl) (Entered: 01/11/2022)
1/11/2022DISMISSAL OF COUNTS on Government Motion as to Jonell Danforth (9) Count 9. (lnl) (Entered: 01/11/2022)
1/11/2022ORDER as to Stefvon Eley: The status conference for Defendant Stefvon Eley scheduled for January 12, 2022, is ADJOURNED to January 18, 2022, at 12:00 p.m., using the Court's videoconferencing system. See In re Coronavirus/Covid-19 Pandemic, No. 20 Misc. 176 (S.D.N.Y. Dec. 22, 2021), ECF No. 8 (finding that the COVID-19 pandemic necessitates conducting criminal proceedings remotely). Chambers will provide the parties with instructions on how to appear via video. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. SO ORDERED. (Status Conference set for 1/18/2022 at 12:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 1/11/2022) (lnl) (Entered: 01/11/2022)
1/10/2022MEMORANDUM in Opposition by USA as to Nyshiem Spencer re 306 MOTION for Bill of Particulars and Cooperating Witness Information.. (Chan, Andrew) (Entered: 01/10/2022)
1/7/2022CONSENT TO PROCEED BY VIDEOCONFERENCE as to Jonell Danforth re:Misdemeanor Plea/Trial/Sentence (Signed by Judge Analisa Torres on 1/7/22)(jw) (Entered: 01/07/2022)
1/7/2022Sentencing
1/6/2022Minute Entry for proceedings held before Judge Analisa Torres: Change of Plea Hearing as to Ashanae McLaughlin held on 1/6/2022. Defendant waived her in-person appearance and consented to a remote proceeding. Defendant present via video with Attorney Spiro Ferris and Robert Leighton via video. AUSA Emily Johnson present for the Government via video. Court reporter present via audio. Defendant pleaded guilty to conspiracy to commit bank fraud, Count Ten of the indictment. Sentencing set for May 14, 2022, at 10:00 a.m. Defendant's submission is due two weeks prior to sentencing. The Government's submission is due one week prior to sentencing. Defendant shall remain on bail pending sentencing. (Sentencing set for 5/14/2022 at 10:00 AM before Judge Analisa Torres.) (jbo) (Entered: 01/07/2022)
1/6/2022Change of Not Guilty Plea to Guilty Plea as to Ashanae McLaughlin (11) Count 10. (jbo) (Entered: 01/07/2022)
1/6/2022Minute Entry for proceedings held before Judge Analisa Torres: Plea entered by Ashanae McLaughlin (11) Guilty as to Count 10. (jbo) (Entered: 01/07/2022)
1/6/2022Minute Entry for proceedings held before Judge Analisa Torres: Sentencing held on 1/6/2022 for Jonell Danforth (9) Count 1,8. Defendant present via video with CJA attorney Todd Spodek via video. AUSA Justin Rodriguez present via video for the Government. Court reporter present via audio. Defendant waived his in-person appearance and consented to remote proceeding. Defendant sentenced to 34 months' imprisonment to be followed by three years of supervised release, for the reasons stated on the record. (jbo) (Entered: 01/07/2022)
1/5/2022ORDER as to Jonell Danforth. The sentencing scheduled in this matter for January 4, 2022, is ADJOURNED to January 6, 2022, at 10:30 a.m., and shall proceed via videoconference. To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342, and using access code 5598827. (Sentencing set for 1/6/2022 at 10:30 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 1/5/22)(jw) (Entered: 01/05/2022)
1/5/2022FIRST LETTER by Jonell Danforth addressed to Judge Analisa Torres from Todd Spodek dated January 5, 2022 re: Corrections and Additional Exhibits to Sentencing Memorandum (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Spodek, Todd) (Entered: 01/05/2022)
1/4/2022MEMORANDUM TO THE DOCKET CLERK: as to Jonell Danforth. Sentencing for Defendant Jonell Danforth not held due to technical difficulties at MDC. (jbo) (Entered: 01/05/2022)
12/28/2021RDER as to Shalik Jenkins. The Court shall hold a change of plea hearing for Defendant Shalik Jenkins on January 26, 2022, at 11:00 a.m and shall proceed via videoconference. See In re Coronavirus/Covid-19 Pandemic, No. 20 Misc. 176 (S.D.N.Y. Dec. 22, 2021), ECF No. 8 (finding that felony plea hearings cannot in all instances be conducted in person without seriously jeopardizing public health and safety and permitting such proceedings to proceed via videoconferencing). Chambers shall provide the parties with instructions on accessing the conference. To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342, and using access code 5598827. SO ORDERED. (Change of Plea Hearing set for 1/26/2022 at 11:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 12/28/21)(jbo) (Entered: 12/28/2021)
12/28/2021ORDER as to Jonell Danforth. The sentencing scheduled in this matter for January 4, 2022, at 1:00 p.m., is RESCHEDULED to January 4, 2022, at 12:00 p.m., and shall proceed via videoconference. See In re Coronavirus/Covid-19 Pandemic, No. 20 Misc. 176 (S.D.N.Y. Dec. 22, 2021), ECF No. 8 (finding that felony sentencings cannot in all instances be conducted in person without seriously jeopardizing public health and safety and permitting such proceedings to proceed via videoconferencing). Chambers shall provide the parties with instructions on accessing the conference. To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342, and using access code 5598827. SO ORDERED. (Sentencing set for 1/4/2022 at 12:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 12/28/21)(jbo) (Entered: 12/28/2021)
12/28/2021SENTENCING SUBMISSION by USA as to Jonell Danforth. (Rodriguez, Justin) (Entered: 12/28/2021)
12/23/2021ORDER as to Ashanae McLaughlin. The Court shall hold a change of plea hearing for Defendant Ashanae McLaughlin on January 6, 2022, at 4:00 p.m. The hearing shall proceed in-person, will proceed in-person, in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. In light of the ongoing COVID-19 pandemic, all individuals seeking entry to 500 Pearl Street must complete a questionnaire and have their temperature taken before being allowed entry into the courthouse. To gain entry to 500 Pearl Street, follow the instructions provided here..... (Change of Plea Hearing set for 1/6/2022 at 04:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 12/23/21)(jbo) (Entered: 12/27/2021)
12/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Nasir Vincent. Notice is hereby given that an official transcript of a Conference proceeding held on 11/17/21 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.... (Moya, Goretti) (Entered: 12/23/2021)
12/23/2021TRANSCRIPT of Proceedings as to Nasir Vincent re: Conference held on 11/17/21 before Judge Analisa Torres. Court Reporter/Transcriber: Sharonda Jones, (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 1/13/2022. Redacted Transcript Deadline set for 1/24/2022. Release of Transcript Restriction set for 3/23/2022. (Moya, Goretti) (Entered: 12/23/2021)
12/22/2021SENTENCING SUBMISSION by Jonell Danforth. (Attachments: # 1 Exhibit Exhibit A Agnes Donald Letter, # 2 Exhibit Exhibit B Jade's Reference Letter (JD), # 3 Exhibit Exhibit C Abdul Malik Mulk Letter, # 4 Exhibit Exhibit D Quintay Danforth Letter, # 5 Exhibit Exhibit E Cheryl Campbell Letter, # 6 Exhibit Exhibit F Jaime Rivera III Letter, # 7 Exhibit Exhibit G Thyshall Black Letter, # 8 Exhibit Exhibit H Natalie Benjamin Letter, # 9 Exhibit Exhibit I Kyasia Fitchett Letter, # 10 Exhibit Exhibit J Amorion Blackwell Letter, # 11 Exhibit Exhibit K Daysia Lee Letter, # 12 Exhibit Exhibit L Regeya Danforth Letter, # 13 Exhibit Exhibit M Ivelisa Black Letter, # 14 Exhibit Exhibit N Calvin Black Letter, # 15 Exhibit Exhibit O Shirley Lawson Letter, # 16 Exhibit Exhibit P Shantel Benjamin Letter, # 17 Exhibit Exhibit Q Devoni Fitchett Letter, # 18 Exhibit Exhibit R Reference Letters)(Spodek, Todd) (Entered: 12/22/2021)
12/21/2021SENTENCING SUBMISSION by Jonell Danforth. (Spodek, Todd) (Entered: 12/21/2021)
12/20/2021MEMORANDUM in Support by Nyshiem Spencer re 306 MOTION for Bill of Particulars and Cooperating Witness Information.. (Marzorati, Luca) (Entered: 12/20/2021)
12/20/2021 MOTION for Bill of Particulars and Cooperating Witness Information. Document filed by Nyshiem Spencer. (Marzorati, Luca) (Entered: 12/20/2021)
12/16/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lafone Eley. Notice is hereby given that an official transcript of a Conference proceeding held on 11/15/21 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.... (Moya, Goretti) (Entered: 12/16/2021)
12/16/2021TRANSCRIPT of Proceedings as to Lafone Eley re: Conference held on 11/15/21 before Judge Analisa Torres. Court Reporter/Transcriber: Pamela Utter, (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 1/6/2022. Redacted Transcript Deadline set for 1/18/2022. Release of Transcript Restriction set for 3/16/2022. (Moya, Goretti) (Entered: 12/16/2021)
12/16/2021First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files as to Lafone Eley re: [303] Appeal Transcript Request, [302] Order, were transmitted to the U.S. Court of Appeals. (tp) (Entered: 12/16/2021)
12/16/2021TRANSCRIPT REQUEST by Lafone Eley for a Sentence proceeding held on 11/15/21 before Judge Analisa Torres re: 299 Notice of Appeal - Final Judgment. Transcript due by 12/27/2021. (Santillo, Kristen) (Entered: 12/16/2021)
12/14/2021ORDER as to Nyshiem Spencer et al, The Court previously adopted the Government's proposed groupings of defendants for trial, and scheduled a jury trial to begin for the first group of defendants on May 2, 2022. ECF No. 188. The Southern District of New York has adopted a centralized calendaring system for jury trials during the COVID-19 pandemic based on blackout dates provided by the parties it is no longer possible for the Court to set a date certain for trial independently. Accordingly, the Court shall request a jury trial for the remaining defendants in this matter in the second calendar quarter of 2022. By January 14, 2022, the parties shall confer, and submit a joint letter to the Court, proposing new groupings, each with no more than three defendants, based on the remaining defendants this matter, and providing blackout dates for each group for both the second and third quarters of 2022. The parties shall, of course, retain the right to file motions for severance of trial pursuant to Rule 14 of the Federal Rules of Criminal Procedure (Signed by Judge Analisa Torres on 12/14/21)(jw) (Entered: 12/14/2021)
12/8/2021Set/Reset Hearings as to Jonell Danforth: Sentencing set for 1/4/2022 at 01:00 PM before Judge Analisa Torres. (ap) (Entered: 12/08/2021)
12/8/2021MEMO ENDORSEMENT as to Jonell Danforth (9) granting 300 FIRST MOTION to Postpone Sentencing on Consent. ENDORSEMENT: GRANTED. The sentencing set for December 15, 2021, is ADJOURNED to January 4, 2022, at 1:00 p.m. Defendant shall file his sentencing submission two weeks prior to sentencing. The Government shall file its submission one week before sentencing. (Signed by Judge Analisa Torres on 12/8/2021) (ap) (Entered: 12/08/2021)
12/6/2021FIRST MOTION to Postpone Sentencing on Consent.. Document filed by Jonell Danforth. Return Date set for 12/15/2021 at 11:00 AM. (Spodek, Todd) (Entered: 12/06/2021)
12/3/2021Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Lafone Eley re: [299] Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 12/03/2021)
12/3/2021Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Lafone Eley to US Court of Appeals re: [299] Notice of Appeal - Final Judgment. (tp) (Entered: 12/03/2021)
12/3/2021Appeal Remark as to Lafone Eley re: [299] Notice of Appeal - Final Judgment. $505.00 Appeal Fee Waived. Attorney CJA. (tp) (Entered: 12/03/2021)
12/3/2021NOTICE OF APPEAL by Lafone Eley from 295 Judgment. (tp) (Entered: 12/03/2021)
11/24/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Lafone Eley. Notice is hereby given that an official transcript of a Conference proceeding held on 10/20/21 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.... (Moya, Goretti) (Entered: 11/24/2021)
11/24/2021TRANSCRIPT of Proceedings as to Lafone Eley re: Conference held on 10/20/21 before Judge Analisa Torres. Court Reporter/Transcriber: Sharonda Jones, (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 12/15/2021. Redacted Transcript Deadline set for 12/27/2021. Release of Transcript Restriction set for 2/22/2022. (Moya, Goretti) (Entered: 11/24/2021)
11/22/2021ORDER as to (20-Cr-78-9) Jonell Danforth. The sentencing scheduled in this matter for December 6, 2021, is ADJOURNED to December 15, 2021, at 11:00 a.m. The hearing shall proceed in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. In light of the ongoing COVID-19 pandemic, all individuals seeking entry to 500 Pearl Street must complete a questionnaire and have their temperature taken before being allowed entry into the courthouse. To gain entry to 500 Pearl Street, follow the instructions provided here:...[*** See this Order ***]... By December 7, 2021, counsel must advise the Court of how many spectators will attend the proceeding. The parties must advise the Court by the same date how many individuals will be seated at counsels' tables. Special accommodations may need to be made if more than ten unvaccinated spectators are expected to attend, or more than three unvaccinated individuals are expected to be seated at each counsel's table. All individuals must practice social distancing at all times in the courthouse. Individuals must wear a mask that covers their nose and mouth at all times in the courthouse. Bandanas, gaiters, and masks with valves are not permitted. SO ORDERED. ( Responses due by 12/7/2021. Sentencing set for 12/15/2021 at 11:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. ) (Signed by Judge Analisa Torres on 11/22/2021)(bw) (Entered: 11/22/2021)
11/22/2021JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 11/17/2021. Defendant Nasir Vincent (7) pleaded guilty to Count(s) 8. Count(s) All open counts are dismissed on the motion of the United States. IMPRISONMENT: Time served. SUPERVISED RELEASE: Three years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Analisa Torres on 11/17/2021)(bw) (Entered: 11/22/2021)
11/22/2021DISMISSAL OF COUNTS on Government Motion as to Nasir Vincent (7) Count 1,9. [*** NOTE: Refer to Memo Endorsement, Doc.#293, filed on 11/22/2021. ***] (bw) (Entered: 11/22/2021)
11/22/2021MEMO ENDORSEMENT granting 292 LETTER MOTION filed by Nasir Vincent (7), addressed to Judge Analisa Torres from AUSA Justin V. Rodriguez dated November 22, 2021 re: Motion to Dismiss All Open Counts Against Nasir Vincent. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 11/22/2021) (bw) (Entered: 11/22/2021)
11/22/2021 LETTER MOTION addressed to Judge Analisa Torres from Justin V. Rodriguez dated November 22, 2021 re: Motion to Dismiss All Open Counts Against Nasir Vincent . Document filed by USA as to Nasir Vincent. (Rodriguez, Justin) (Entered: 11/22/2021)
11/19/2021MEMO ENDORSEMENT 289 LETTER MOTION addressed to Judge Analisa Torres from James E. Neuman dated 11/18/2021 re: request to modify conditions of release...ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Analisa Torres on 11/19/21) (jw) (Entered: 11/19/2021)
11/19/2021NOTICE OF ATTORNEY APPEARANCE: Jeremy Schneider appearing for Stefvon Eley. Appearance Type: CJA Appointment. (Schneider, Jeremy) (Entered: 11/19/2021)
11/18/2021Attorney update in case as to Stefvon Eley. Attorney David Touger terminated. (jbo) (Entered: 11/19/2021)
11/18/2021Minute Entry for proceedings held before Judge Analisa Torres: Attorney Appointment Hearing as to Stefvon Eley held on 11/18/2021. substitution of counsel hearing held for Defendant Stefvon Eley. Defendant present via video with CJA attorney David Touger present via video. CJA attorney Jeremy Schneider present via video. Court reporter present via video. Defendant's application for a substitution of counsel is GRANTED. David Touger is relieved as counsel, and Jeremy Schneider is appointed as CJA counsel, for the reasons stated on the record. The Court shall hold a status conference for Defendant Stefvon Eley on January 12, 2021, at 2:00 p.m. (Status Conference set for 1/12/2021 at 02:00 PM before Judge Analisa Torres.) (jbo) (Entered: 11/19/2021)
11/18/2021 LETTER MOTION addressed to Judge Analisa Torres from James E. Neuman dated 11/18/2021 re: request to modify conditions of release . Document filed by Shalik Jenkins. (Neuman, James) (Entered: 11/18/2021)
11/18/2021CONSENT TO PROCEED BY VIDEO CONFERENCE as to Stefvon Eley. (Signed by Judge Analisa Torres on 11/18/21)(jbo) (Entered: 11/18/2021)
11/18/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Elijah Burt. Notice is hereby given that an official transcript of a Conference proceeding held on 10/6/21 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.... (Moya, Goretti) (Entered: 11/18/2021)
11/18/2021TRANSCRIPT of Proceedings as to Elijah Burt re: Conference held on 10/6/21 before Judge Analisa Torres. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310, 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 12/9/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/16/2022. (Moya, Goretti) (Entered: 11/18/2021)
11/17/2021JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 11/15/2021. Defendant Lafone Eley (2) pleaded guilty to Count(s) 1s (Count One of Superseding Information, Attempted Bank Fraud 18 U.S.C. 1344 and 2). Count(s) all remaining are dismissed on the motion of the United States. IMPRISONMENT: Time served. SUPERVISED RELEASE: Two years, to be served concurrently with term of supervised release imposed in state court sentence. Standard Conditions of Supervision (See page 4 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Analisa Torres on 11/17/2021)(bw) (Entered: 11/22/2021)
11/17/2021Minute Entry for proceedings held before Judge Analisa Torres:Sentencing held on 11/17/2021 for Nasir Vincent (7) Count 8. AUSA Justin Rodriguez present. Defendant present with defense attorney Donna Newman. Court reporter present. Defendant sentenced to time served and three years of supervised release, for the reasons stated on the record (jw) (Entered: 11/18/2021)
11/17/2021Minute Entry for proceedings held before Judge Analisa Torres: Sentencing held on 11/17/2021 for Nasir Vincent (7) Count 8. AUSA Justin Rodriguez present. Defendant present with defense attorney Donna Newman. Court reporter present. Defendant sentenced to time served and three years of supervised release, for the reasons stated on the record. (jbo) (Entered: 11/18/2021)
11/17/2021ORDER as to Nasir Vincent. The Defendant in the above captioned case has been sentenced to a term of imprisonment of time served. (Signed by Judge Analisa Torres on 11/17/21)(jw) (Entered: 11/17/2021)
11/17/2021Set/Reset Deadlines as to Nyshiem Spencer, Stefvon Eley, Shalik Jenkins, Allan Gonzalez, Ashanae McLaughlin: Motions due by 12/20/2021. Replies due by 1/24/2022. Responses due by 1/10/2022. (jbo) (Entered: 11/17/2021)
11/17/2021MEMO ENDORSED granting 283 LETTER MOTION joint request to postpone deadline for filing motions as to Nyshiem Spencer (1), Stefvon Eley (3), Shalik Jenkins (4), Allan Gonzalez (8), Ashanae McLaughlin (11)... ENDORSEMENT: GRANTED. By December 20, 2021, Defendants shall file their motions. By January 10, 2022, the Government shall file their response. By January 24, 2022, Defendants shall file their replies, if any. No further extensions shall be granted absent a showing of good cause. SO ORDERED. (Signed by Judge Analisa Torres on 11/17/21) (jbo) (Entered: 11/17/2021)
11/16/2021 LETTER MOTION addressed to Judge Analisa Torres from James E. Neuman dated 11/16/2021 re: joint request to postpone deadline for filing motions . Document filed by Shalik Jenkins as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. (Neuman, James) (Entered: 11/16/2021)
11/16/2021ORDER as to Nasir Vincent. The sentencing scheduled in this matter for November 18, 2021, is RESCHEDULED to November 17, 2021, at 3:30 p.m. The hearing shall proceed in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007 (Sentencing set for 11/17/2021 at 03:30 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 11/16/21)(jw) (Entered: 11/16/2021)
11/15/2021DISMISSAL OF COUNTS on Government Motion as to Lafone Eley (2) Count 1,2,3. (jbo) (Entered: 11/18/2021)
11/15/2021Minute Entry for proceedings held before Judge Analisa Torres: Sentencing held on 11/15/2021 for Lafone Eley (2) Count 1s. AUSA Justin Rodriguez present. Defendant present with defense attorneys Kristin Santillo. Court reporter present. Defendant sentenced to time served and two years of supervised release, to be served concurrently with any term of supervised release imposed in his state conviction, for the reasons stated on the record. All open counts dismissed on the motion of the government. (jbo) (Entered: 11/18/2021)
11/15/2021ORDER as to Lafone Eley. The Defendant in the above captioned case has been sentenced to a term of imprisonment of time served. (Signed by Judge Analisa Torres on 11/15/21)(jw) (Entered: 11/16/2021)
11/11/2021SENTENCING SUBMISSION by USA as to Nasir Vincent. (Rodriguez, Justin) (Entered: 11/11/2021)
11/8/2021ORDER as to Stefvon Eley: The substitution of counsel hearing scheduled in this matter for November 9, 2021, is ADJOURNED to November 18, 2021, at 12:00 p.m. (Attorney Appointment Hearing set for 11/18/2021 at 12:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 11/8/2021) (ap) (Entered: 11/08/2021)
11/4/2021ORDER as to Stefvon Eley: The Court will hold a substitution of counsel hearing in this matter on November 9, 2021, at 10:30 a.m., using the Court's videoconferencing system. See In re Coronavirus/Covid-19 Pandemic, No. 20 Misc. 176 (S.D.N.Y. Sept. 15, 2021), ECF No. 7 (finding that the COVID-19 pandemic "make[s] it necessary for the judges in this District to be able to continue to conduct proceedings remotely."). Chambers will provide the parties with instructions on how to appear via video. The Government need not attend. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. SO ORDERED. (Attorney Appointment Hearing set for 11/9/2021 at 10:30 AM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 11/4/2021) (lnl) (Entered: 11/04/2021)
11/3/2021SENTENCING SUBMISSION by USA as to Lafone Eley. (Johnson, Emily) (Entered: 11/03/2021)
11/1/2021SENTENCING SUBMISSION by Nasir Vincent. (Attachments: # 1 Exhibit A-D)(Newman, Donna) (Entered: 11/01/2021)
11/1/2021ORDER as to Lafone Eley: The sentencing scheduled in this matter for November 8, 2021, is ADJOURNED to to November 15, 2021, at 3:00 p.m. SO ORDERED. (Sentencing set for 11/15/2021 at 03:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 11/1/2021) (lnl) (Entered: 11/01/2021)
10/27/2021SENTENCING SUBMISSION by Lafone Eley. (Attachments: # 1 Exhibit A (Filed Under Seal), # 2 Exhibit B - Letter from Ashley Mercado, # 3 Exhibit C (Filed Under Seal))(Santillo, Kristen) (Entered: 10/27/2021)
10/25/2021ORDER as to (20-Cr-78-7) Nasir Vincent. The sentencing scheduled in this matter for November 9, 2021, is ADJOURNED to November 18, 2021, at 10:00 a.m. The hearing shall proceed in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. In light of the ongoing COVID-19 pandemic, all individuals seeking entry to 500 Pearl Street must complete a questionnaire and have their temperature taken before being allowed entry into the courthouse. To gain entry to 500 Pearl Street, follow the instructions provided here:https://www.nysd.uscourts.gov/sites/default/files/2020-10/QR Sign - PublicMediav.5.pdf. By November 11, 2021, counsel must advise the Court of how many spectators will attend the proceeding. The parties must advise the Court by the same date how many individuals will be seated at counsels' tables. Special accommodations may need to be made if more than ten unvaccinated spectators are expected to attend, or more than three unvaccinated individuals are expected to be seated at each counsel's table. All individuals must practice social distancing at all times in the courthouse. Individuals must wear a mask that covers their nose and mouth at all times in the courthouse. Bandanas, gaiters, and masks with valves are not permitted. SO ORDERED. ( Sentencing set for 11/18/2021 at 10:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. ) (Signed by Judge Analisa Torres on 10/25/2021)(bw) (Entered: 10/25/2021)
10/25/2021ORDER as to (20-Cr-78-2) Lafone Eley. The sentencing scheduled in this matter for November 9, 2021, is RESCHEDULED to November 8, 2021, at 2:00 p.m. The hearing shall proceed in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. In light of the ongoing COVID-19 pandemic, all individuals seeking entry to 500 Pearl Street must complete a questionnaire and have their temperature taken before being allowed entry into the courthouse. To gain entry to 500 Pearl Street, follow the instructions provided here:https://www.nysd.uscourts.gov/sites/default/files/2020-10/QR Sign - PublicMediav.5.pdf. By November 1, 2021, counsel must advise the Court of how many spectators will attend the proceeding. The parties must advise the Court by the same date how many individuals will be seated at counsels' tables. Special accommodations may need to be made if more than ten unvaccinated spectators are expected to attend, or more than three unvaccinated individuals are expected to be seated at each counsel's table. All individuals must practice social distancing at all times in the courthouse. Individuals must wear a mask that covers their nose and mouth at all times in the courthouse. Bandanas, gaiters, and masks with valves are not permitted. SO ORDERED. ( Sentencing set for 11/8/2021 at 02:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. ) (Signed by Judge Analisa Torres on 10/25/2021)(bw) (Entered: 10/25/2021)
10/22/2021MEMO ENDORSEMENT as to Ashanae McLaughlin. We respectfully request October 22, 2021, the same date as other counsel have requested for the filing defense pretrial motions...ENDORSEMENT...GRANTED. By November 19, 2021, Defendant shall submit her pretrial motions. By December 10, 2021, the Government shall file its opposition papers. By December 28, 2021, Defendant shall submit her reply, if any (Pretrial Motions due by 11/19/2021., Defendant Replies due by 12/28/2021., Government Responses due by 12/10/2021) (Signed by Judge Analisa Torres on 10/22/21)(jw) (Entered: 10/22/2021)
10/22/2021MEMO ENDORSEMENT as to Shalik Jenkins. I represent Shalik Jenkins in the referenced case and write on behalf of the attorneys representing Nyshiem Spencer, Allan Gonzalez, and Stefvon Eley. Motions for Mr. Jenkins and these defendants are currently due on October 22, 2021. We ask that the motion deadline for all of these defendants be postponed to November 19, 2021...ENDORSEMENT...GRANTED. By November 19, 2021, Defendants shall submit their pretrial motions. By December 10, 2021, the Government shall file their opposition papers. By December 28, 2021, Defendants shall submit their reply, if any (Pretrial Motions due by 11/19/2021., Defendant Replies due by 12/28/2021., Government Responses due by 12/10/2021). (Signed by Judge Analisa Torres on 10/22/21)(jw) (Entered: 10/22/2021)
10/20/2021 LETTER by Ashanae McLaughlin addressed to Judge Analisa Torres from Spiro L. Ferris dated 10/20/2021 re: adjournment (Ferris, Spiro) (Entered: 10/20/2021)
10/20/2021Minute Entry for proceedings held before Judge Analisa Torres: Plea entered by Lafone Eley (2) Guilty as to Count 1s. (ap) (Entered: 10/20/2021)
10/20/2021Minute Entry for proceedings held before Judge Analisa Torres:Change of Plea Hearing as to Lafone Eley held on 10/20/2021. Minute entry for proceedings held before Judge Analisa Torres: Change of plea hearing held for Defendant Lafone Eley. AUSA Emily Johnson present. Defendant present with defense attorneys Kristen Santillo and Fern Mechlowitz. Court reporter present. Defendant pleaded guilty to attempted bank fraud, Count One of the superseding information. Sentencing set for November 9, 2021, at 12:00 p.m. Defendant's submission is due October 27, 2021. The Government's submission is due November 3, 2021. (Sentencing set for 11/9/2021 at 12:00 PM before Judge Analisa Torres) (ap) (Entered: 10/20/2021)
10/20/2021WAIVER OF INDICTMENT by Lafone Eley. (jm) (Entered: 10/20/2021)
10/20/2021(S1) SUPERSEDING INFORMATION (Felony) filed as to Lafone Eley (2) count(s) 1s. (jm) (Entered: 10/20/2021)
10/20/2021Set/Reset Deadlines/Hearings as to Shalik Jenkins:Pretrial Motions due by 11/19/2021. Defendant Replies due by 12/28/2021. Government Responses due by 12/10/2021. (jw) (Entered: 10/20/2021)
10/20/2021MEMO ENDORSEMENT granting 264 LETTER MOTION re: 264 LETTER MOTION addressed to Judge Analisa Torres from James E. Neuman dated 10/20/2021 re: joint request to postpone deadline for filing motions...ENDORSEMENT...GRANTED. By November 19, 2021, Defendants shall submit their pretrial motions. By December 10, 2021, the Government shall file their opposition papers. By December 28, 2021, Defendants shall submit their reply, if any (Signed by Judge Analisa Torres on 10/20/21) (jw) (Entered: 10/20/2021)
10/20/2021 LETTER MOTION addressed to Judge Analisa Torres from James E. Neuman dated 10/20/2021 re: joint request to postpone deadline for filing motions . Document filed by Shalik Jenkins as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. (Neuman, James) (Entered: 10/20/2021)
10/15/2021 LETTER MOTION addressed to Judge Analisa Torres from Kristen Santillo dated October 15, 2021 re: Request for Expedited Sentencing and Waiver of PSR . Document filed by Lafone Eley. (Mechlowitz, Fern) (Entered: 10/15/2021)
10/6/2021 ORDER as to Elijah Burt: The Defendant in the above captioned case has been sentenced to a term of imprisonment of twenty months, to be followed by three years of supervised release. Mr. Burt has been detained since January 30, 2020. ECF No. 14. Accordingly, Mr. Burt's term of imprisonment concluded on September 30, 2021, and, therefore, is to be released subject to any detainers or other custodial sentences. SO ORDERED. (Signed by Judge Analisa Torres on 10/6/2021) (lnl)
10/6/2021 JUDGMENT IN A CRIMINAL CASE as to Elijah Burt (10). THE DEFENDANT: pleaded guilty to count Eight, Assault with a dangerous weapon in aid of racketeering. Count 1 is dismissed on the motion of the United States. IMPRISONMENT: Twenty months. The court makes the following recommendations to the Bureau of Prisons: As Mr. Burt has been incarcerated since January 30, 2020, his twenty-month sentence elapsed on September 30, 2021, and the Court recommends he be released. SUPERVISED RELEASE: Three years. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $100.00 due immediately. (Signed by Judge Analisa Torres on 10/6/2021) (ap)
10/6/2021DISMISSAL OF COUNTS on Government Motion as to Elijah Burt (10) Count 1. (ap) (Entered: 10/06/2021)
10/6/2021Minute Entry for proceedings held before Judge Analisa Torres: Sentencing held on 10/6/2021 for Elijah Burt (10) Count 8. Sentencing held on October 6, 2021. Defendant present with counsel Christine Delince. AUSA Justin Rodriguez and Emily Johnson present for the Government. Court reporter present. Defendant sentenced to 20 months imprisonment and three years supervised release, for the reasons stated on the record. All open counts dismissed on the motion of the Government. (ap) (Entered: 10/06/2021)
10/1/2021MEMO ENDORSEMENT as to Shalik Jenkins (4) denying 252 LETTER MOTION addressed to Judge Analisa Torres from James E Neuman dated 9/24/2021 re: modification of the conditions of release. ENDORSEMENT: DENIED. (Signed by Judge Analisa Torres on 10/1/2021) (ap) (Entered: 10/01/2021)
10/1/2021SENTENCING SUBMISSION by USA as to Elijah Burt. (Rodriguez, Justin) (Entered: 10/01/2021)
9/29/2021SENTENCING SUBMISSION by USA as to Elijah Burt. (Rodriguez, Justin) (Entered: 09/29/2021)
9/27/2021LETTER RESPONSE in Opposition by USA as to Shalik Jenkins addressed to Judge Analisa Torres from Justin V. Rodriguez dated September 27, 2021 re: 252 LETTER MOTION addressed to Judge Analisa Torres from James E Neuman dated 9/24/2021 re: modification of the conditions of release .. (Rodriguez, Justin) (Entered: 09/27/2021)
9/24/2021ORDER as to Ashanae McLaughlin. It is hereby ORDERED that the defendant's bail be modified to include mental health evaluation and treatment as directed. (Signed by Judge Analisa Torres on 9/24/21)(jw) (Entered: 09/24/2021)
9/24/2021ORDER as to Shalik Jenkins. The Court has reviewed defense counsel's letter at ECF No. 252, seeking a modification to Defendant Jenkins' conditions of bail, and indicating the Government opposes the request. Accordingly, by September 27, 2021, the Government shall file a letter stating its position on Defendants request, and explaining the reasons, if any, for such opposition. By the same date, Pretrial Services may file a letter stating its position on the request, if they choose. (Signed by Judge Analisa Torres on 9/24/2021)(jw) (Entered: 09/24/2021)
9/24/2021 LETTER MOTION addressed to Judge Analisa Torres from James E Neuman dated 9/24/2021 re: modification of the conditions of release . Document filed by Shalik Jenkins. (Neuman, James) (Entered: 09/24/2021)
9/23/2021Minute Entry for proceedings held before Judge Analisa Torres: Attorney Appointment Hearing as to Stefvon Eley held on 9/23/2021. Substitution of counsel hearing held for Defendant Stefvon Eley. Eley present with CJA attorney David Touger present. CJA attorney Mark Stein present. Court reporter present. Defendant's application for a substitution of counsel is DENIED, for the reasons stated on the record. (jbo) (Entered: 09/23/2021)
9/21/2021SENTENCING SUBMISSION by Elijah Burt. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J)(Delince, Christine) (Entered: 09/21/2021)
9/13/2021ORDER as to Stefvon Eley: The substitution of counsel hearing scheduled in this matter for September 23, 2021 at 10:00 a.m. is ADJOURNED to September 23, 2021, at 2:00 p.m. The hearing shall proceed in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. In light of the ongoing COVID-19 pandemic, all individuals seeking entry to 500 Pearl Street must complete a questionnaire and have their temperature taken before being allowed entry into the courthouse. To gain entry to 500 Pearl Street, follow the instructions provided here: https://www.nysd.uscourts.gov/sites/default/files/2020-10/QR Sign - Public_Media_v.5.pdf. All individuals must practice social distancing at all times in the courthouse. Individuals must wear a mask that covers their nose and mouth at all times in the courthouse. Bandanas, gaiters, and masks with valves are not permitted. The Government need not attend. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. (Attorney Appointment Hearing set for 9/23/2021 at 02:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 9/13/2021) (ap) (Entered: 09/13/2021)
9/13/2021NOLLE PROSEQUI ENTERED as to Malik Tunstall, Price Tunstall. Malik Tunstall (5) Count 1,9 and Price Tunstall (6) Count 1,9. (Signed by Judge Analisa Torres on 9/13/2021) (lnl) (Entered: 09/13/2021)
9/13/2021ORDER as to Stefvon Eley: The substitution of counsel hearing scheduled in this matter for September 23, 2021 at 10:00 a.m. is ADJOURNED to September 23, 2021, at 2:00 p.m. The hearing shall proceed in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. In light of the ongoing COVID-19 pandemic, all individuals seeking entry to 500 Pearl Street must complete a questionnaire and have their temperature taken before being allowed entry into the courthouse. To gain entry to 500 Pearl Street, follow the instructions provided here: https://www.nysd.uscourts.gov/sites/default/files/2020-10/QR Sign - Public_Media_v.5.pdf. All individuals must practice social distancing at all times in the courthouse. Individuals must wear a mask that covers their nose and mouth at all times in the courthouse. Bandanas, gaiters, and masks with valves are not permitted. The Government need not attend. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. SO ORDERED. (Attorney Appointment Hearing set for 9/23/2021 at 02:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 9/13/2021) (lnl) (Entered: 09/13/2021)
9/13/2021 LETTER MOTION addressed to Judge Analisa Torres from Justin V. Rodriguez dated September 13, 2021 re: Request for Order of Nolle Prosequi as to Price Tunstall and Malik Tunstall . Document filed by USA as to Malik Tunstall, Price Tunstall. (Attachments: # 1 Proposed Order of Nolle Prosequi)(Rodriguez, Justin) (Entered: 09/13/2021)
9/8/2021 MEMO ENDORSEMENT as to Allan Gonzalez (8) granting 243 LETTER MOTION addressed to Judge Analisa Torres from Jill R. Shellow dated 9/7/2021 re: Extension of deadline to file pretrial motions. ENDORSEMENT: GRANTED. By October 22, 2021, Defendant shall submit any pretrial motions. By November 19, 2021, the Government shall submit any opposition. By December 3, 2021, Defendant shall file his reply, if any. (Signed by Judge Analisa Torres on 9/8/2021) (ap) Modified on 9/9/2021 (ap).
9/8/2021Set/Reset Deadlines as to Lafone Eley: Motions due by 11/8/2021. (ap) (Entered: 09/08/2021)
9/8/2021MEMO ENDORSEMENT as to Lafone Eley (2) granting 244 LETTER MOTION addressed to Judge Analisa Torres from Kristen Santillo dated September 7, 2021 re: Adjournment of Pre-trial Motion Deadline. ENDORSEMENT: GRANTED. By November 8, 2021, Defendant shall submit any pretrial motions. (Signed by Judge Analisa Torres on 9/8/2021) (ap) (Entered: 09/08/2021)
9/8/2021Set/Reset Deadlines as to Allan Gonzalez: Motions due by 10/22/2021. Responses due by 11/19/2021. Replies due by 12/3/2021. (ap) (Entered: 09/08/2021)
9/7/2021 LETTER MOTION addressed to Judge Analisa Torres from Kristen Santillo dated September 7, 2021 re: Adjournment of Pre-trial Motion Deadline . Document filed by Lafone Eley. (Santillo, Kristen) (Entered: 09/07/2021)
9/7/2021 LETTER MOTION addressed to Judge Analisa Torres from Jill R. Shellow dated 9/7/2021 re: Extension of deadline to file pretrial motions . Document filed by Allan Gonzalez. (Shellow, Jill) (Entered: 09/07/2021)
9/7/2021Set/Reset Deadlines as to Shalik Jenkins: Motions due by 10/22/2021. Responses due by 11/19/2021. Replies due by 12/3/2021. (ap) (Entered: 09/07/2021)
9/7/2021MEMO ENDORSEMENT as to Shalik Jenkins (4) granting 238 LETTER MOTION addressed to Judge Analisa Torres from James E Neuman dated 9/7/2021 re: extension of time to file motions. ENDORSEMENT: GRANTED. By October 22, 2021, Defendant shall submit any pretrial motions. By November 19, 2021, the Government shall submit any opposition. By December 3, 2021, Defendant shall file his reply, if any. (Signed by Judge Analisa Torres on 9/7/2021) (ap) (Entered: 09/07/2021)
9/7/2021Set/Reset Deadlines as to Stefvon Eley: Motions due by 10/22/2021. Responses due by 11/19/2021. Replies due by 12/3/2021. (ap) (Entered: 09/07/2021)
9/7/2021MEMO ENDORSEMENT as to Stefvon Eley (3) granting 234 FIRST LETTER MOTION addressed to Judge Analisa Torres from David Touger dated August 30, 2021 re: extend time to file motions. ENDORSEMENT: GRANTED. By October 22, 2021, Defendant shall file any applicable pretrial motions. By November 19, 2021, the Government shall submit any opposition. By December 3, 2021, Defendant shall file his reply, if any. (Signed by Judge Analisa Torres on 9/7/2021) (ap) (Entered: 09/07/2021)
9/7/2021Set/Reset Deadlines as to Nyshiem Spencer: Motions due by 10/22/2021. Responses due by 11/19/2021. Replies due by 12/3/2021. (ap) (Entered: 09/07/2021)
9/7/2021MEMO ENDORSEMENT as to Nyshiem Spencer (1) granting 236 MOTION for Extension of Time to File pre-trial motions. ENDORSEMENT: GRANTED. By October 22, 2021, Defendant shall submit any pretrial motions. By November 19, 2021, the Government shall submit any opposition. By December 3, 2021, Defendant shall file his reply, if any. (Signed by Judge Analisa Torres on 9/7/2021) (ap) (Entered: 09/07/2021)
9/7/2021Set/Reset Deadlines as to Ashanae McLaughlin: Motions due by 10/22/2021. Responses due by 11/19/2021. Replies due by 12/3/2021. (ap) (Entered: 09/07/2021)
9/7/2021MEMO ENDORSEMENT as to Ashanae McLaughlin (11) granting 237 LETTER MOTION addressed to Judge Analisa Torres from spiro ferris dated 9/5/2021 re: adjournment. ENDORSEMENT: GRANTED. By October 22, 2021, Defendant shall submit any pretrial motions. By November 19, 2021, the Government shall submit any opposition. By December 3, 2021, Defendant shall file his reply, if any. (Signed by Judge Analisa Torres on 9/7/2021) (ap) (Entered: 09/07/2021)
9/7/2021 LETTER MOTION addressed to Judge Analisa Torres from James E Neuman dated 9/7/2021 re: extension of time to file motions . Document filed by Shalik Jenkins. (Neuman, James) (Entered: 09/07/2021)
9/5/2021 LETTER MOTION addressed to Judge Analisa Torres from spiro ferris dated 9/5/2021 re: adjournment . Document filed by Ashanae McLaughlin. (Ferris, Spiro) (Entered: 09/05/2021)
9/3/2021 MOTION for Extension of Time to File pre-trial motions. Document filed by Nyshiem Spencer. (Marzorati, Luca) (Entered: 09/03/2021)
9/1/2021ORDER as to Stefvon Eley. The substitution of counsel hearing scheduled in this matter for September 14, 2021 is ADJOURNED to September 23, 2021, at 10:00 a.m. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827 (Status Conference set for 9/23/2021 at 10:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 9/1/21)(jw) (Entered: 09/01/2021)
8/31/2021FIRST LETTER MOTION addressed to Judge Analisa Torres from David Touger dated August 30, 2021 re: extend time to file motions . Document filed by Stefvon Eley. (Touger, David) (Entered: 08/31/2021)
8/31/2021NOTICE OF ATTORNEY APPEARANCE: Luca Marzorati appearing for Nyshiem Spencer. Appearance Type: Pro Bono. (Marzorati, Luca) (Entered: 08/31/2021)
8/24/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonell Danforth. Notice is hereby given that an official transcript of a Conference proceeding held on 7/29/21 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.... (Moya, Goretti) (Entered: 08/24/2021)
8/24/2021TRANSCRIPT of Proceedings as to Jonell Danforth re: Conference held on 7/29/21 before Judge Analisa Torres. 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 9/14/2021. Redacted Transcript Deadline set for 9/24/2021. Release of Transcript Restriction set for 11/22/2021. (Moya, Goretti) (Entered: 08/24/2021)
8/23/2021ORDER as to (20-Cr-78-3) Stefvon Eley. The Court will hold a substitution of counsel hearing in this matter on September 14, 2021, at 12:00 p.m., using the Court's dedicated conference line. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 6 (S.D.N.Y. June 15, 2021) (finding that the COVID-19 pandemic made it "necessary for judges in this District to conduct proceedings remotely[.]"). Chambers will provide the parties with instructions on how to appear via telephone. The Government need not attend. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. SO ORDERED. (Signed by Judge Analisa Torres on 8/23/2021)(bw) (Entered: 08/23/2021)
8/23/2021ORDER as to Lafone Eley. The Court shall hold a change of plea hearing for Defendant Lafone Ely in person on October 20, 2021, at 11:00 a.m., in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. In light of the ongoing COVID-19 pandemic, all individuals seeking entry to 500 Pearl Street must complete a questionnaire and have their temperature taken before being allowed entry into the courthouse. To gain entry to 500 Pearl Street, follow the instructions provided here:...[*** See this Order ***]... All individuals must practice social distancing at all times in the courthouse. Individuals must wear a mask that covers their nose and mouth at all times in the courthouse. Bandanas, gaiters, and masks with valves are not permitted. By October 12, 2021, at 5:00 p.m., counsel must advise the Court of how many spectators will attend the proceeding. The parties must advise the Court by the same date how many individuals will be seated at counsels' tables. Special accommodations may need to be made if more than ten spectators are expected to attend, or more than three individuals are expected to be seated at each counsel's table. Members of the press and public who are not able to attend the proceeding may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. SO ORDERED. ( Change of Plea Hearing set for 10/20/2021 at 11:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. ) (Signed by Judge Analisa Torres on 8/23/2021)(bw) (Entered: 08/23/2021)
8/20/2021NOTICE OF ATTORNEY APPEARANCE: Mari Byrne appearing for Nyshiem Spencer. Appearance Type: Pro Bono. (Byrne, Mari) (Entered: 08/20/2021)
8/13/2021LETTER by (20-Cr-78-03) Stefvon Eley addressed to Judge Analisa Torres dated 08/09/2021 re: I am writing seeking your intervention following conversations with my lawyer David Touger regarding his representation in my pending criminal case before your court. (bw) (Entered: 08/16/2021)
8/2/2021MEMO ENDORSEMENT as to Elijah Burt granting 225 MOTION to Postpone Sentencing. ENDORSEMENT: GRANTED. The sentencing set for September 13, 2021, is ADJOURNED to October 6, 2021, at 11:00 a.m. Defendant's submission is due by September 22, 2021. The Government's submission is due by September 29, 2021. SO ORDERED. (Sentencing set for 10/6/2021 at 11:00 AM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 8/2/2021) (lnl) (Entered: 08/02/2021)
7/29/2021Minute Entry for proceedings held before Judge Analisa Torres: Plea entered by Jonell Danforth (9) Guilty as to Count 1,8. (ap) (Entered: 07/29/2021)
7/29/2021Minute Entry for proceedings held before Judge Analisa Torres: Change of Plea Hearing as to Jonell Danforth held on 7/29/2021. Minute entry for proceedings held before Judge Analisa Tones: Change of Plea hearing held for Defendant Jonell Danforth. AUSA Justin Rodriguez present. Defendant present with Attorney Todd Spodek. Court repo1i er present. Defendant pleaded guilty to Counts One and Eight of the Indictment. Sentencing set for December 6, 2021, at 11:00 a.m. Defendant's submission is due two weeks prior to sentencing. The Government's submission is due one week prior to sentencing. (Sentencing set for 12/6/2021 at 11:00 AM before Judge Analisa Torres) (ap) (Entered: 07/29/2021)
7/28/2021 MOTION to Postpone Sentencing . Document filed by Elijah Burt. (Delince, Christine) (Entered: 07/28/2021)
7/23/2021Set/Reset Deadlines/Hearings as to Jonell Danforth: Change of Plea Hearing set for 7/29/2021 at 10:00 AM before Judge Analisa Torres (jw) (Entered: 07/23/2021)
7/23/2021MEMO ENDORSEMENT re: 223 JOINT LETTER MOTION addressed to Judge Analisa Torres from Justin V. Rodriguez dated July 22, 2021 re: Scheduling of Change of Plea Hearing...ENDORSEMENT...GRANTED. The parties shall appear for an in-person change of plea proceeding on July 29, 2021, at 10:00 a.m. Co-counsel, members of the press, and the public may access the audio feed of the proceeding by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conference, whether in listen-only mode or otherwise, are reminded that recording or rebroadcasting of the proceeding is prohibited by law. (Signed by Judge Analisa Torres on 7/23/21) (jw) (Entered: 07/23/2021)
7/22/2021JOINT LETTER MOTION addressed to Judge Analisa Torres from Justin V. Rodriguez dated July 22, 2021 re: Scheduling of Change of Plea Hearing . Document filed by USA as to Jonell Danforth. (Rodriguez, Justin) (Entered: 07/22/2021)
7/20/2021MEMO ENDORSEMENT re: 221 LETTER MOTION addressed to Judge Analisa Torres from Kenneth J. Montgomery dated July 19, 2021 re: Bond modification...ENDORSEMENT...GRANTED. Defendant's conditions of pretrial supervision are modified to remove the curfew and location monitoring conditions only. All other release conditions shall remain in effect. (Signed by Judge Analisa Torres on 7/20/21) (jw) (Entered: 07/20/2021)
7/19/2021 LETTER MOTION addressed to Judge Analisa Torres from Kenneth J. Montgomery dated July 19, 2021 re: Bond modification . Document filed by Malik Tunstall. (Montgomery, Kenneth) (Entered: 07/19/2021)
7/8/2021Change of Not Guilty Plea, ~Util - Plea Entered, Change of Plea Hearing
7/7/2021Set/Reset Hearings as to Nasir Vincent: Sentencing set for 11/9/2021 at 11:00 AM before Judge Analisa Torres. (jbo) (Entered: 07/08/2021)
7/7/2021Change of Not Guilty Plea to Guilty Plea as to Nasir Vincent (7) Count 8. (jbo) (Entered: 07/08/2021)
7/7/2021Minute Entry for proceedings held before Judge Analisa Torres: Plea entered by Nasir Vincent (7) Guilty as to Count 8. (jbo) (Entered: 07/08/2021)
7/7/2021Minute Entry for proceedings held before Judge Analisa Torres: Change of Plea Hearing via videoconference as to Nasir Vincent held on 7/7/2021. Defendant present with CJA Donna Newman via video. AUSA Andrew Chan present for the Government via video. Court reporter present via telephone. Defendant pleaded guilty to Count 8 of the Indictment. Sentencing set for November 9, 2021, at 11:00 a.m. Defendant's submissions are due two weeks prior to sentencing. Government's submissions are due one week prior to sentencing. (jbo) (Entered: 07/08/2021)
7/7/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Nasir Vincent. (Signed by Judge Analisa Torres on 7/7/2021) (ap) (Entered: 07/07/2021)
7/6/2021ORDER as to Nasir Vincent: A change of plea hearing is scheduled in this matter on July 7, 2021, at 9:00 a.m. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 at the time of the hearing, and entering access code 5598827. (Signed by Judge Analisa Torres on 7/6/2021) (ap) (Entered: 07/06/2021)
6/29/2021ORDER as to (20-Cr-78-7) Nasir Vincent. I. Setting Remote Proceeding. A change of plea hearing shall be held in this action on July 7, 2021, at 9:00 a.m. The hearing shall proceed by videoconference. Instructions for the parties' participation in the proceeding are set out below....[*** See this Order ***]... Defendant's counsel having represented to the Court that Defendant consents to this change of plea being conducted via videoconference, ECF No. 208, the Court finds that this proceeding cannot be further delayed without serious harm to the interests of justice because it will result in the expeditious resolution of this matter, without the need to expend substantial court resources and the possibility of a lengthy delay before a jury trial can be conducted. Accordingly, pursuant to Section 15002(b)(2)(A) of the CARES Act, it is ORDERED that the change of plea hearing shall proceed by videoconference. II. Instructions. The conference shall proceed via videoconference using the Courts videoconferencing platform on July 7, 2021, at 9:00 a.m. In advance of the conference, chambers will email the parties with further information on how to access the conference. A link to access the hearing will be provided directly to the parties. Participants are directed to test their videoconference setup in advance of the hearingincluding their ability to access the link provided. To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. The Court will issue a subsequent order with access information for all other participants. If the videoconferencing platform does not work well enough and the Court decides to transition to its teleconference line, counsel should call (888) 398-2342 or (215) 861-0674 and use access code 5598827. Defense counsel shall discuss the attached Waiver of Right to be Present at a Criminal Proceeding with the Defendant prior to the proceeding. If the Defendant consents, and is able to sign the form, defense counsel shall file the executed form by July 5, 2021. In the event the Defendant consents, but counsel is unable to obtain or affix the Defendant's signature on the form, the Court will conduct an inquiry at the outset of the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature to the form. To the extent that there are any other documents relevant to the proceeding (e.g., proposed orders or documents regarding restitution, forfeiture, or removal), counsel should submit them to the Court (by email or on ECF, as appropriate) by July 5, 2021, at 5:00 p.m. To the extent any documents require the Defendant's signature, defense counsel should endeavor to get them signed in advance of the proceeding as set forth above; if defense counsel is unable to do so, the Court will conduct an inquiry during the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature. SO ORDERED. (Signed by Judge Analisa Torres on 6/29/2021)(bw) (Entered: 06/29/2021)
5/23/2021 LETTER MOTION addressed to Judge Analisa Torres from Donna R. Newman dated May 23, 2021 re: Change of Plea Hearing . Document filed by Nasir Vincent. (Newman, Donna) (Entered: 05/23/2021)
5/20/2021Status Conference, Status Conference
5/19/2021Minute Entry for proceedings held before Judge Analisa Torres: Status Conference as to Nasir Vincent held on 5/19/2021. Change of plea hearing not held due to technical difficulties at the MCC. (ap) (Entered: 05/20/2021)
5/17/2021Minute Entry for proceedings held before Judge Analisa Torres: Status Conference as to Nasir Vincent held on 5/17/2021. Change of plea hearing not held due to technical difficulties at the MCC. (ap) (Entered: 05/20/2021)
5/17/2021ORDER as to (20-Cr-78-7) Nasir Vincent. I. Setting Remote Proceeding. A change of plea hearing shall be held in this action on May 19, 2021, at 11:00 a.m. The hearing shall proceed by videoconference. Instructions for the parties' participation in the proceeding are set out below....[*** See this Order ***]... II. Instructions. The conference shall proceed via videoconference using the Court's videoconferencing platform on May 19, 2021, at 11:00 a.m. To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (855) 268-7844, using access code 67812309#, and PIN 9921299#. In advance of the conference, chambers will email the parties with further information on how to access the conference. A link to access the hearing will be provided directly to the parties. Participants are directed to test their videoconference setup in advance of the hearingincluding their ability to access the link provided. If the videoconferencing platform does not work well enough and the Court decides to transition to its teleconference line, counsel should call (888) 398-2342 or (215) 861-0674 and use access code 5598827. If possible, defense counsel shall discuss the attached Waiver of Right to be Present at a Criminal Proceeding with the Defendant prior to the proceeding. If the Defendant consents, and is able to sign the form, defense counsel shall file the executed form prior to the start of the proceeding. In the event the Defendant consents, but counsel is unable to obtain or affix the Defendant's signature on the form, the Court will conduct an inquiry at the outset of the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature to the form. To the extent that there are any other documents relevant to the proceeding (e.g., proposed orders or documents regarding restitution, forfeiture, or removal), counsel should submit them to the Court (by email or on ECF, as appropriate) by May 18, 2021, at 5:00 p.m. To the extent any documents require the Defendant's signature, defense counsel should endeavor to get them signed in advance of the proceeding as set forth above; if defense counsel is unable to do so, the Court will conduct an inquiry during the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature. SO ORDERED. (Signed by Judge Analisa Torres on 5/17/2021)(bw) (Entered: 05/17/2021)
5/14/2021 ORDER as to (20-Cr-78-7) Nasir Vincent. I. Setting Remote Proceeding. A change of plea hearing shall be held in this action on May 17, 2021, at 9:00 a.m. The hearing shall proceed by videoconference. Instructions for the parties' participation in the proceeding are set out below....[*** See this Order ***]... Defendant's counsel having represented to the Court that Defendant consents to this change of plea being conducted via videoconference, ECF No. 208, the Court finds that this pro ceeding cannot be further delayed without serious harm to the interests of justice because it will result in the expeditious resolution of this matter, without the need to expend substantial court resources and the possibility of a lengthy delay befo re a jury trial can be conducted. Accordingly, pursuant to Section 15002(b)(2)(A) of the CARES Act, it is ORDERED that the change of plea hearing shall proceed by videoconference.II. Instructions. The conference shall proceed via videoconference usin g the Court's videoconferencing platform on May 17, 2021, at 9:00 a.m. To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (855) 268-7844, using access code 67812309#, and PIN 9921299#. In advance of the conference, chambers will email t he parties with further information on how to access the conference. A link to access the hearing will be provided directly to the parties. Participants are directed to test their videoconference setup in advance of the hearingincluding their abili ty to access the link provided. If the videoconferencing platform does not work well enough and the Court decides to transition to its teleconference line, counsel should call (888) 398-2342 or (215) 861-0674 and use access code 5598827. If possible, defense counsel shall discuss the attached Waiver of Right to be Present at a Criminal Proceeding with the Defendant prior to the proceeding. If the Defendant consents, and is able to sign the form, defense counsel shall file the executed form prio r to the start of the proceeding. In the event the Defendant consents, but counsel is unable to obtain or affix the Defendant's signature on the form, the Court will conduct an inquiry at the outset of the proceeding to determine whether it is a ppropriate for the Court to add the Defendant's signature to the form. To the extent that there are any other documents relevant to the proceeding (e.g., proposed orders or documents regarding restitution, forfeiture, or removal), counsel should submit them to the Court (by email or on ECF, as appropriate) by May 16, 2021, at 8:00 p.m. To the extent any documents require the Defendant's signature, defense counsel should endeavor to get them signed in advance of the proceeding as set fo rth above; if defense counsel is unable to do so, the Court will conduct an inquiry during the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature. SO ORDERED. (Signed by Judge Analisa Torres on 5/14/2021)(bw)
5/7/2021Set/Reset Deadlines/Hearings as to Lafone Eley: Motions due by 9/9/2021 (jw) (Entered: 05/07/2021)
5/7/2021MEMO ENDORSEMENT re: 209 LETTER MOTION addressed to Judge Analisa Torres from Kristen Santillo dated May 5, 2021 re: Request to file Pretrial Motions at a Later Date. We request the opportunity to file any other appropriate motions at a later date, no later than the date set for the remaining defendants to file motions on September 9, 2021...ENDORSEMENT...Granted. SO ORDERED. (Signed by Judge Analisa Torres on 5/7/21) (jw) (Entered: 05/07/2021)
5/7/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Elijah Burt. Notice is hereby given that an official transcript of a Conference proceeding held on 4/27/21 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: 05/07/2021)
5/7/2021TRANSCRIPT of Proceedings as to Elijah Burt re: Conference held on 4/27/21 before Judge Gerard E. Lynch. 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 5/28/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/5/2021. (McGuirk, Kelly) (Entered: 05/07/2021)
5/5/2021 LETTER MOTION addressed to Judge Analisa Torres from Kristen Santillo dated May 5, 2021 re: Request to file Pretrial Motions at a Later Date . Document filed by Lafone Eley. (Santillo, Kristen) (Entered: 05/05/2021)
5/3/2021 LETTER MOTION addressed to Judge Analisa Torres from Donna R. Newman dated May 3, 2021 re: Request for Virtual Change of Plea Hearing . Document filed by Nasir Vincent. (Newman, Donna) (Entered: 05/03/2021)
4/28/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to (20-Cr-78-10) Elijah Burt. SO ORDERED. (Signed by Judge Analisa Torres on 4/28/2021)(bw) (Entered: 04/30/2021)
4/27/2021Minute Entry for proceedings held before Judge Analisa Torres: Change of Plea Hearing as to Elijah Burt held on 4/27/2021. Change of plea hearing held via videoconference. Defendant consented to proceeding via video. Defendant present with CJA Christine Delince via video. AUSA Justin Rodriguez present for the Government via video. Court reporter present via video. Defendant pleaded guilty to Count 8 of the Indictment. Sentencing set for September 13, 2021, at 11:00 a.m. Defendant's submissions are due two weeks prior to sentencing. Governments submissions are due one week prior to sentencing. (Sentencing set for 9/13/2021 at 11:00 AM before Judge Analisa Torres) Plea entered by Elijah Burt (10) Guilty as to Count 8. (lnl) (Entered: 04/28/2021)
4/26/2021ORDER as to (20-Cr-78-10) Elijah Burt. I. Setting Remote Proceeding: A change of plea hearing shall be held in this action on April 26, 2021, at 9:00 a.m. The hearing shall proceed by videoconference. Instructions for the parties' participation in the proceeding are set out below....[*** See this Order ***]... Accordingly, pursuant to Section 15002(b)(2)(A) of the CARES Act, it is ORDERED that the change of plea hearing shall proceed by videoconference. II. Instructions: The conference shall proceed via videoconference using the Court's videoconferencing platform on April 26, 2021, at 9:00 a.m. To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (855) 268-7844, using access code 67812309#, and PIN 9921299#. In advance of the conference, chambers will email the parties with further information on how to access the conference. A link to access the hearing will be provided directly to the parties. Participants are directed to test their videoconference setup in advance of the hearingincluding their ability to access the link provided. If the videoconferencing platform does not work well enough and the Court decides to transition to its teleconference line, counsel should call (888) 398-2342 or (215) 861-0674 and use access code 5598827. If possible, defense counsel shall discuss the attached Waiver of Right to be Present at a Criminal Proceeding with the Defendant prior to the proceeding. If the Defendant consents, and is able to sign the form, defense counsel shall file the executed form prior to the start of the proceeding. In the event the Defendant consents, but counsel is unable to obtain or affix the Defendant's signature on the form, the Court will conduct an inquiry at the outset of the proceeding to determine whether it is appropriate for the Court to add the Defendants signature to the form. To the extent that there are any other documents relevant to the proceeding (e.g., proposed orders or documents regarding restitution, forfeiture, or removal), counsel should submit them to the Court (by email or on ECF, as appropriate) by April 26, 2021, at 8:00 p.m. To the extent any documents require the Defendant's signature, defense counsel should endeavor to get them signed in advance of the proceeding as set forth above; if defense counsel is unable to do so, the Court will conduct an inquiry during the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature. SO ORDERED. (Signed by Judge Analisa Torres on 4/26/2021)(bw) (Entered: 04/26/2021)
4/20/2021Minute Entry for proceedings held before Judge Analisa Torres: Change of Plea hearing as to Elijah Burt held on 4/20/2021. Change of plea hearing not held due to technical difficulties at the MDC. (lnl) (Entered: 04/22/2021)
4/19/2021ORDER as to Elijah Burt: change of plea hearing shall be held in this action on April 20, 2021, at 9:00 a.m. The hearing shall proceed by videoconference. The conference shall proceed via videoconference using the Courts videoconferencing platform on April 20, 2021, at 9:00 a.m. To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (855) 268-7844, using access code 32091812#, and PIN 9921299#. In advance of the conference, chambers will email the parties with further information on how to access the conference. A link to access the hearing will be provided directly to the parties. Participants are directed to test their videoconference setup in advance of the hearing including their ability to access the link provided. If the videoconferencing platform does not work well enough and the Court decides to transition to its teleconference line, counsel should call (888) 398-2342 or (215) 861-0674 and use access code 5598827. (Change of Plea Hearing set for 4/20/2021 at 09:00 AM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 4/19/2021) (ap) Modified on 4/20/2021 (ap). (Entered: 04/19/2021)
4/19/2021FIRST LETTER MOTION addressed to Judge Analisa Torres from Christine Delince dated April 19, 2021 re: Request to proceed with remote plea . Document filed by Elijah Burt. (Delince, Christine) (Entered: 04/19/2021)
4/16/2021MEMO ENDORSEMENT re: 202 LETTER MOTION addressed to Judge Analisa Torres from Fern Mechlowitz dated April 15, 2021 re: Request to Direct the Clerk's Office to Send Official Copy of Dkt No 201 to Coxsackie Correctional Facility...ENDORSEMENT...GRANTED. The Clerk of Court is directed to mail an official stamped or certified copy of the Court's order at ECF No. 201 to Coxsackie Correctional Facility at the above address. [**Mailed this Memo Endorsement and document #201 to defendant on 4/19/2021 to the address listed above**] (Signed by Judge Analisa Torres on 4/16/21) (jw) (Entered: 04/16/2021)
4/15/2021 LETTER MOTION addressed to Judge Analisa Torres from Fern Mechlowitz dated April 15, 2021 re: Request to Direct the Clerk's Office to Send Official Copy of Dkt No 201 to Coxsackie Correctional Facility . Document filed by Lafone Eley. (Mechlowitz, Fern) (Entered: 04/15/2021)
4/7/2021DISMISSAL OF COUNTS on Court or Defendant Motion as to Lafone Eley (2) Count 2,3. (ap) (Entered: 04/07/2021)
4/7/2021ORDER as to Lafone Eley: The Court has reviewed the parties' letters dated March 25 and 26, 2021. ECF No. 196, 198. Accordingly, Counts 2 and 3 of the Indictment are DISMISSED against Defendant Lafone Eley. (Signed by Judge Analisa Torres on 4/7/2021) (ap) (Entered: 04/07/2021)
3/26/2021 LETTER by USA as to Shalik Jenkins addressed to Judge Analisa Torres from Andrew K. Chan dated March 26, 2021 re: Date When Defendant Shalik Jenkins Will Be Medically Cleared and Transferred to State Custody Document filed by USA. (Chan, Andrew) (Entered: 03/26/2021)
3/26/2021ORDER as to Shalik Jenkins. The Court has reviewed defense counsel's letter at ECF No. 197. Accordingly, by March 29, 2021, at 5:00 p.m., the Government shall file a letter indicating by when Defendant Jenkins is expected to be medically cleared by the MCC and transferred into the custody of the New York State Department of Corrections and Community Supervision (Signed by Judge Analisa Torres on 3/26/21)(jw) (Entered: 03/26/2021)
3/26/2021CONSENT LETTER MOTION addressed to Judge Analisa Torres from Kristen Santillo dated March 26, 2021 re: Motion to Dismiss Counts 2 and 3 of the Indictment . Document filed by Lafone Eley. (Santillo, Kristen) (Entered: 03/26/2021)
3/26/2021 LETTER MOTION addressed to Judge Analisa Torres from James E. Neuman dated 3/26/2021 re: request for an immediate conference . Document filed by Shalik Jenkins. (Neuman, James) (Entered: 03/26/2021)
3/25/2021 LETTER by USA as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin addressed to Judge Analisa Torres from Andrew K. Chan dated March 25, 2021 re: Notice that Government Will Not Proceed to Trial on Certain Counts of Indictment Document filed by USA. (Chan, Andrew) (Entered: 03/25/2021)
3/25/2021 LETTER by Nyshiem Spencer addressed to Judge Analisa Torres from Sabrina P. Shroff dated March 25, 2021 re: clarification of Mr. Spencer's position on the Government's March 24, 2021 letter (Shroff, Sabrina) (Entered: 03/25/2021)
3/24/2021Minute Entry for proceedings held before Judge Analisa Torres: Status Conference as to Lafone Eley held on 3/24/2021. Status conference held telephonically. All parties appeared by telephone. Defendant consented to telephonic proceeding. Lafone Eley present with CJA attorney Kristen Santillo. AUSA Andrew Chan present for the Government. Court reporter present. Defendant shall file his motion to suppress by May 5, 2021. The Government shall file its opposition papers by May 19, 2021. Defendant shall file his reply papers by June 2, 2021. Time continues to be excluded under the Speedy Trial Act until May 2, 2022, for the reasons stated on the record. (Motions due by 5/5/2021. Responses due by 5/19/2021. Replies due by 6/2/2021.) (lnl) (Entered: 03/25/2021)
3/24/2021 LETTER by USA as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin addressed to Judge Analisa Torres from Andrew K. Chan dated March 24, 2021 re: Joint Letter re Need for Status Conference Document filed by USA. (Chan, Andrew) (Entered: 03/24/2021)
3/23/2021ORDER as to Lafone Eley. The Court will hold a status conference for Defendant Lafone Eley on March 24, 2021, at 10:00 a.m., using the Court's dedicated conference line. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 at the time of the hearing, and entering access code 5598827 (Status Conference set for 3/24/2021 at 10:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 3/23/21)(jw) (Entered: 03/23/2021)
3/22/2021Appearance Bond Entered as to Shalik Jenkins: $50,000 Personal Recognizance Bond; To be cosigned by three financially responsible persons; Additional Conditions.... [**Advice of Penalties and Sanctions attached.] (jbo) (Entered: 05/06/2021)
3/22/2021Minute Entry for proceedings held before Judge Analisa Torres: Bond Hearing as to (20-Cr-78-4) Shalik Jenkins held on 3/22/2021. AUSA Andrew Chan. Defense Counsel James Neuman (CJA). Proceeding: Application on consent from the parties. BAIL DISPOSITION: Agreed conditions of release; $50,000 PRB; 3 FRP; Travel restricted to SDNY/EDNY; Temporary additional travel upon consent of AUSA & approval of Pretrial Services; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Home detention; Electronic monitoring; Defendant to continue or seek employment; Defendant not to possess firearm/destructive device/other weapon; Defendant to be released on own signature; Remaining conditions to be met by April 5, 2021. (bw); (Main Document 192 replaced on 3/22/2021) (bw). Modified on 3/22/2021 (bw). (Entered: 03/22/2021)
3/19/2021MEMO ENDORSEMENT re: 190 LETTER MOTION addressed to Judge Analisa Torres from James E. Neuman dated 3/19/21 re: request for release on bond...ENDORSEMENT...Granted. (Signed by Judge Analisa Torres on 3/19/2021) (jw) (Entered: 03/22/2021)
3/19/2021 LETTER MOTION addressed to Judge Analisa Torres from James E. Neuman dated 3/12/2021 re: request for release on bond . Document filed by Shalik Jenkins. (Neuman, James) (Entered: 03/19/2021)
3/11/2021MEMO ENDORSEMENT re: 183 SECOND LETTER MOTION addressed to Judge Analisa Torres from David Touger dated February 26, 2021 re: Motion for additional Discovery review time....ENDORSEMENT...The Court has reviewed the parties letters at ECF Nos. 183 and 187. Accordingly, Defendant's request is DENIED. (Signed by Judge Analisa Torres on 3/11/2021) (jw) (Entered: 03/11/2021)
3/10/2021ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin: The Court has reviewed the parties' joint letter dated March 3, 2021, concerning the proposed groupings of defendants for trial in this matter. ECF No. 186. The Court adopts the Government's proposed groupings at this time, subject to any changes to the procedures within this District governing the scheduling of jury trials during the COVID-19 pandemic, and subject to any severance motions filed pursuant to Federal Rule of Criminal Procedure 14. Thus, Defendants will be grouped for trial as follows: Group One: Nyshiem Spencer. Shalik Jenkins, Stefvon Eley; Group Two: Jonell Danforth, Nasir Vincent, Lafone Eley; Group Three: Allan Gonzalez, Price Tunstall, Malik Tunstall; Group Four: Elijah Burt, Ashanae McLaughlin. Accordingly, the Court will seek to schedule a jury trial on May 2, 2022, for Group One. (Signed by Judge Analisa Torres on 3/10/2021) (ap) (Entered: 03/10/2021)
3/9/2021LETTER RESPONSE to Motion by USA as to Stefvon Eley addressed to Judge Analisa Torres from Emily A. Johnson dated March 9, 2021 re: 183 SECOND LETTER MOTION addressed to Judge Analisa Torres from David Touger dated February 26, 2021 re: Motion for additional Discovery review time .. (Johnson, Emily) (Entered: 03/09/2021)
3/3/2021 LETTER by USA as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin addressed to Judge Analisa Torres from Andrew K. Chan dated March 3, 2021 re: Proposed Trial Groupings Document filed by USA. (Chan, Andrew) (Entered: 03/03/2021)
2/26/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Shalik Jenkins. Notice is hereby given that an official transcript of a Conference proceeding held on 12/16/20 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.... (McGuirk, Kelly) (Entered: 02/26/2021)
2/26/2021TRANSCRIPT of Proceedings as to Shalik Jenkins re: Conference held on 12/16/20 before Judge Analisa Torres. 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 3/19/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/27/2021. (McGuirk, Kelly) (Entered: 02/26/2021)
2/26/2021SECOND LETTER MOTION addressed to Judge Analisa Torres from David Touger dated February 26, 2021 re: Motion for additional Discovery review time . Document filed by Stefvon Eley. (Touger, David) (Entered: 02/26/2021)
2/19/2021WAIVER TO BE PRESENT AT CRIMINAL PROCEEDING as to Malik Tunstall. (Signed by Judge Analisa Torres on 2/19/2021)(lnl) (Entered: 02/19/2021)
2/19/2021WAIVER TO BE PRESENT AT CRIMINAL PROCEEDING as to Price Tunstall. (Signed by Judge Analisa Torres on 2/19/2021) (lnl) (Entered: 02/19/2021)
2/16/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Allan Gonzalez. (Signed by Judge Analisa Torres on 2/16/2021) (lnl) (Entered: 02/16/2021)
2/16/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Shalik Jenkins. (Signed by Judge Analisa Torres on 2/16/2021) (lnl) (Entered: 02/16/2021)
2/16/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Nasir Vincent. (Signed by Judge Analisa Torres on 2/16/2021) (lnl) (Entered: 02/16/2021)
2/12/2021MEMO ENDORSED denying 173 LETTER MOTION Extended Discovery Review Time at the MDC as to Stefvon Eley (3)...ENDORSEMENT: DENIED without prejudice to renew. SO ORDERED. (Signed by Judge Analisa Torres on 2/12/21) (jbo) (Entered: 02/12/2021)
2/12/2021Minute Entry for proceedings held before Judge Analisa Torres: Status Conference as to Nyshiem Spencer, Jonell Danforth held on 2/12/2021. Status conference held telephonically. All parties appeared by telephone. Defendants consented to telephonic proceeding. Jonell Danforth present with attorney Todd Spodek. Nyshiem Spencer present with CJA attorney Sabrina Shroff. AUSAs Andrew Chan, Justin Rodriguez, and Emily Johnson present for the Government. Court reporter present. The Court reviewed the schedule set by the Court at ECF No. 176 with the parties. Time continues to be excluded under the Speedy Trial Act until May 2, 2022, for the reasons stated on the record. (lnl) (Entered: 02/12/2021)
2/10/2021Set/Reset Hearings as to Nyshiem Spencer, Jonell Danforth: Status Conference set for 2/12/2021 at 09:00 AM before Judge Analisa Torres. (ap) (Entered: 02/10/2021)
2/10/2021ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. At this morning's telephone conference, the Court set the following schedule: 1. By February 24, 2021, the Government shall propose to defense counsel four groupings of Defendants to be tried at separate trials; 2. By March 3, 2021, after conferring with each other, the parties shall file a joint letter setting forth the four groupings; 3. By March 24, 2021, the parties shall file a joint letter indicating whether they request a status conference; 4. By September 9, 2021, Defendants shall file any motions; 5. By October 7, 2021, the Government shall file opposition papers; 6. By October 21, 2021, Defendants shall file their replies; and 7. Trial is set for May 2, 2022. The Court will hold a status conference with Defendants Nyshiem Spencer and Jonell Danforth on February 12, 2021, at 9:00 a.m. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 4 (S.D.N.Y. Dec. 18, 2020) (finding that the COVID-19 pandemic "make[s] it increasingly necessary for judges in this District to conduct proceedings remotely, by videoconference or other means...."). Chambers will provide the parties with instructions on how to appear via telephone. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (917) 933-2166 at the time of the hearing, and entering access code 689358770. Time until May 2, 2022, shall be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7) as to all Defendants, because the ends of justice served by excluding such time outweigh the interests of the public and Defendants in a speedy trial in that this will allow for the Defendants to review discovery, evaluate whether to file any motions, permit the parties to discuss potential pretrial dispositions of the case, and prepare for trial. Time excluded from 2/10/2021 until 5/2/2022. (Motions due by 9/9/2021. Responses due by 10/7/2021. Replies due by 10/21/2021) (Signed by Judge Analisa Torres on 2/10/2021) (ap) (Entered: 02/10/2021)
2/10/2021Minute Entry for proceedings held before Judge Analisa Torres: Status Conference as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin held on 2/10/2021. Status conference held telephonically. All parties appeared by telephone. Defendants consented to telephonic proceeding. Due to scheduling constraints, Defendants Lafone Eley, Jonell Danforth, and Nyshiem Spencer did not participate in the conference. Defendant Elijah Burt present with CJA Attorney Christine Delince. Defendant Stefvon Eley present with CJA Attorney David Touger. Defendant Allan Gonzalez present with CJA Attorney Jill Shellow. Defendant Shalik Jenkins present with CJA Attorney James Neuman. Defendant Nasir Vincent present with CJA Attorney Donna Newman. CJA Attorneys Spiro Ferris and Robert Leighton present for Defendant Ashanae McLaughlin, who waived her appearance at the conference. Defendant Malik Tunstall and Defendant Price Tunstall present with CJA Attorney Sarah Sacks. Attorneys Todd Spodek, Sabrina Schroff, Kristen Santillo, and Julie De Almeida present. AUSAs Andrew Chan, Justin Rodriguez, and Emily Johnson present for the Government. Court reporter present. Time is excluded under the Speedy Trial Act until May 2, 2022, for the reasons stated on the record. The Court will issue a separate order regarding deadlines. (lnl) (Entered: 02/10/2021)
2/10/2021 LETTER by USA as to Stefvon Eley addressed to Judge Analisa Torres from Andrew K. Chan dated February 10, 2021 re: Government's Response to Defendant Stefvon Eley's Request for Additional Access to MDC Computers Document filed by USA. (Chan, Andrew) (Entered: 02/10/2021)
2/8/2021ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin: A status conference is scheduled in this matter for February 10, 2021, at 9:00 a.m. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 4 (S.D.N.Y. Dec. 18, 2020) (finding that the COVID-19 pandemic "make[s] it increasingly necessary for judges in this District to conduct proceedings remotely, by videoconference or other means...."). Chambers will provide the parties with instructions on how to appear via telephone. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (917) 933-2166 at the time of the hearing, and entering access code 689358770. Because Defendant Lafone Eley has been transported to a new facility in advance of the scheduled hearing, the status conference as to Defendant Lafone Eley is ADJOURNED sine die. The time between February 10, 2021, and February 22, 2021, is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), because the ends of justice served by excluding such time outweigh the interests of the public and Defendant Lafone Eley in a speedy trial in that this will allow the Court to schedule a remote proceeding in light of his recent transfer and the ongoing public health crisis caused by COVID-19. (Signed by Judge Analisa Torres on 2/8/2021) (ap) (Entered: 02/08/2021)
2/8/2021FIRST LETTER MOTION addressed to Judge Analisa Torres from David Touger dated February 8, 2021 re: Extended Discovery Review Time at the MDC. Document filed by Stefvon Eley. (Touger, David) (Entered: 02/08/2021)
2/1/2021MEMO ENDORSEMENT granting 171 LETTER MOTION filed by Malik Tunstall (5), addressed to Judge Analisa Torres from Attorney Kenneth J. Montgomery dated January 27, 2021 re: Appearance of co-counsel on my behalf. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 2/1/2021) (bw) (Entered: 02/01/2021)
1/27/2021 LETTER MOTION addressed to Judge Analisa Torres from Kenneth J. Montgomery dated January 27, 2021 re: Appearance of co-counsel on my behalf . Document filed by Malik Tunstall. (Montgomery, Kenneth) (Entered: 01/27/2021)
1/19/2021ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin: The status conference scheduled for January 20, 2021, is ADJOURNED to February 10, 2021, at 9:00 a.m. Time until February 10, 2021, shall be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), because the ends of justice served by excluding such time outweigh the interests of the public and Defendant in a speedy trial in that this will allow for the Defendants to review discovery, evaluate whether to file any motions, permit the parties to discuss potential pretrial dispositions of the case, and permit the Court to schedule a status conference in light of the ongoing COVID-19 pandemic. SO ORDERED. Time excluded from 1/19/2021 until 2/10/2021. SO ORDERED. (Status Conference set for 2/10/2021 at 09:00 AM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 1/19/2021) (lnl) (Entered: 01/19/2021)
1/13/2021MEMO ENDORSEMENT as to Malik Tunstall (5) granting 168 LETTER MOTION addressed to Judge Analisa Torres from Kenneth J. Montgomery dated January 12, 2021 re: Bail Modification. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 1/13/2021) (ap) (Entered: 01/13/2021)
1/12/2021 LETTER MOTION addressed to Judge Analisa Torres from Kenneth J. Montgomery dated January 12, 2021 re: Bail Modification . Document filed by Malik Tunstall. (Montgomery, Kenneth) (Entered: 01/12/2021)
1/10/2021NOTICE OF ATTORNEY APPEARANCE Emily Anne Johnson appearing for USA. (Johnson, Emily) (Entered: 01/10/2021)
1/6/2021Minute Entry for proceedings held before Judge Analisa Torres: Bail Hearing as to Nasir Vincent held on 1/6/2021. Bail review hearing held telephonically. Defendant consented to telephonic proceeding. Defendant present with counsel Donna Newman via telephone. AUSA Justin Rodriguez present for the Government via telephone. Court reporter present via telephone. Defendant's application for temporary release on bail is DENIED, for the reasons stated on the record. (lnl) (Entered: 01/07/2021)
1/5/2021MEMO ENDORSEMENT 165 LETTER MOTION The Government request that the Court exclude time under the Speedy Trial Act pursuant to Title 18, United States Code, Section 3161(h) (1)(A), between January 6, 2021 and the date of the next conference, which is yet to be scheduled...ENDORSEMENT...GRANTED. Time until January 20, 2021, shall be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), because the ends of justice served by excluding such time outweigh the interests of the public and Defendant in a speedy trial in that this will allow for the Defendants to review discovery, evaluate whether to file any motions, and permit the parties to discuss potential pretrial dispositions of the case. The status conference scheduled for January 6, 2021, is ADJOURNED to January 20, 2021, at 9:00 a.m. (Signed by Judge Analisa Torres on 1/5/21) (jw) (Entered: 01/05/2021)
1/4/2021 LETTER MOTION addressed to Judge Analisa Torres from Justin V. Rodriguez dated January 4, 2021 re: Exclusion of Time under the Speedy Trial Act . Document filed by USA as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. (Rodriguez, Justin) (Entered: 01/04/2021)
12/30/2020ORDER as to Nasir Vincent. The Court shall hold a telephonic bail reconsideration hearing on January 6, 2021, at 9:00 a.m. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 4 (S.D.N.Y. Dec. 18, 2020) (authorizing the use of video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably available in detention hearings under 18 U.S.C. § 3142 with consent of the defendant). The parties, co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674, at the time of the hearing, and entering access code 5598827 (Signed by Judge Analisa Torres on 12/30/20)(jw) (Entered: 12/30/2020)
12/24/2020 LETTER MOTION addressed to Judge Analisa Torres from Donna R. Newman dated December 24, 2020 re: Reply To Government's Opposition to Motion for Temporary Release of Vincent Nasir. Document filed by Nasir Vincent. (Newman, Donna) (Entered: 12/24/2020)
12/22/2020MEMO ENDORSEMENT as to Price Tunstall (6) granting 160 LETTER MOTION addressed to Judge Analisa Torres from Sarah M. Sacks dated December 21, 2020 re: Request to Modify Bail Conditions. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 12/22/2020) (ap) (Entered: 12/22/2020)
12/22/2020LETTER RESPONSE in Opposition by USA as to Nasir Vincent addressed to Judge Analisa Torres from Justin Rodriguez dated December 22, 2020 re: 156 LETTER MOTION addressed to Judge Analisa Torres from Donna R. Newman dated December 14, 2020 re: Temporary Release on Bond .. (Rodriguez, Justin) (Entered: 12/22/2020)
12/21/2020 LETTER MOTION addressed to Judge Analisa Torres from Sarah M. Sacks dated December 21, 2020 re: Request to Modify Bail Conditions . Document filed by Price Tunstall. (Sacks, Sarah) (Entered: 12/21/2020)
12/21/2020CONSENT TO PROCEED BY VIDEOCONFERENCE as to Shalik Jenkins. (Signed by Judge Analisa Torres on 12/21/2020) (ap) (Entered: 12/21/2020)
12/16/2020ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No 116182, 134 Stat. 894 (Oct. 21, 2020), to confirm the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. The Government must disclose to the defense all information "favorable to an accused" that is "material either to guilt or to punishment" and that is known to the Government. Id. at 87. This obligation applies regardless of whether the defendant requests this information or whether the information would itself constitute admissible evidence. The Government shall disclose such information to the defense promptly after its existence becomes known to the Government so that the defense may make effective use of the information in the preparation of its case. (*** See this Order for complete details. ***) SO ORDERED. (Signed by Judge Analisa Torres on 12/16/2020)(bw) (Entered: 12/17/2020)
12/16/2020Minute Entry for proceedings held before Judge Analisa Torres: Bond Hearing as to Shalik Jenkins held on 12/16/2020. Bail review hearing held telephonically. AUSA Justin Rodriguez and Alexander Chan present for the Government. CJA Counsel James Neuman present for Defendant. Pretrial Services Officer present. Court reporter present. Defendant consented to telephonic proceeding. Defendant's bail application is DENIED, for the reasons stated on the record. (jbo) (Entered: 12/16/2020)
12/16/2020ORDER as to Nasir Vincent: The Government is directed to respond to Defendant Vincents motion at ECF No. 156 by December 23, 2020. (Responses due by 12/23/2020) (Signed by Judge Analisa Torres on 12/16/2020) (ap) (Entered: 12/16/2020)
12/14/2020 LETTER MOTION addressed to Judge Analisa Torres from Donna R. Newman dated December 14, 2020 re: Temporary Release on Bond . Document filed by Nasir Vincent. (Newman, Donna) (Entered: 12/14/2020)
12/11/2020AMENDED ORDER as to Shalik Jenkins: The Court's November 11, 2020 order, ECF No. 154, is AMENDED as follows: the Court shall hold a telephonic bail reconsideration hearing on December 16, 2020, at 12:00 p.m. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 3 (S.D.N.Y. Sept. 16, 2020) (authorizing the use of video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably available in detention hearings under 18 U.S.C. § 3142 with consent of the defendant). The parties, co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674, at the time of the hearing, and entering access code 5598827. SO ORDERED. (Telephonic Bail Hearing set for 12/16/2020 at 12:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 12/11/2020) (lnl) (Entered: 12/11/2020)
12/3/2020AMENDED ORDER as to Shalik Jenkins. The Court's November 11, 2020 order, ECF No. 153, is AMENDED as follows: the Court shall hold a telephonic bail reconsideration hearing on December 14, 2020, at 12:00 p.m. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 3 (S.D.N.Y. Sept. 16, 2020) (authorizing the use of video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably available) in detention hearings under 18 U.S.C. § 3142 with consent of the defendant). The parties, co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674, at the time of the hearing, and entering access code 5598827. SO ORDERED. (Bond Hearing set for 12/14/2020 at 12:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 12/3/2020)(jbo) (Entered: 12/03/2020)
11/23/2020AMENDED ORDER as to Shalik Jenkins. The Court's November 11, 2020 order, ECF No. 152, is AMENDED as follows: the Court shall hold a telephonic bail reconsideration hearing on December 7, 2020, at 12:00 p.m. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 3 (S.D.N.Y. Sept. 16, 2020) (authorizing the use of video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably available in detention hearings under 18 U.S.C. § 3142 with consent of the defendant). The parties, co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674, at the time of the hearing, and entering access code 5598827.(Bond Hearing set for 12/7/2020 at 12:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 11/23/2020) (ap) (Entered: 11/23/2020)
11/20/2020ORDER as to Shalik Jenkins. The Court shall hold a telephonic bail reconsideration hearing on November 25, 2020, at 12:00 p.m. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 3 (S.D.N.Y. Sept. 16, 2020) (authorizing the use of video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably available in detention hearings under 18 U.S.C. § 3142 with consent of the defendant). The parties, co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674, at the time of the hearing, and entering access code 5598827. SO ORDERED. (Bond Hearing set for 11/25/2020 at 12:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 11/20/2020)(jbo) (Entered: 11/20/2020)
11/18/2020 LETTER by USA as to Shalik Jenkins addressed to Judge Analisa Torres from Andrew K. Chan dated November 18, 2020 re: Government's Opposition to Defendant Shalik Jenkins's Bail Application Document filed by USA. (Chan, Andrew) (Entered: 11/18/2020)
11/17/2020ORDER as to Shalik Jenkins: The Government is directed to respond to Defendant Jenkins' motion at ECF No. 149 by November 19, 2020. SO ORDERED. (Responses due by 11/19/2020) (Signed by Judge Analisa Torres on 11/17/2020) (lnl) (Entered: 11/17/2020)
11/16/2020Minute Entry for proceedings held before Judge Analisa Torres: Telephone Conference as to Jonell Danforth held on 11/16/2020. Substitution of counsel proceeding held telephonically. Retained counsel Salvatore Compoccia present. Court reporter present. Defendant waived his appearance at the proceeding. Defendant's application for substitution of counsel is GRANTED, for the reasons stated on the record. Salvatore Compoccia is relieved as counsel. Todd Spodek is substituted as counsel for Defendant Jonell Danforth. (lnl) (Entered: 11/17/2020)
11/16/2020 MOTION for Release from Custody . Document filed by Shalik Jenkins. (Attachments: # 1 Exhibit letters and certificates)(Neuman, James) (Entered: 11/16/2020)
11/12/2020ORDER as to Jonell Danforth: The Court has been notified of Defendant Jonell Danforth's waiver of his right to appear at a substitution of counsel proceeding, the parties' consent to conducting the proceeding telephonically, and the parties' belief that a telephonic proceeding would be consistent with the U.S. Constitution, the Federal Rules of Criminal Procedure, and any other relevant law. ECF No. 147. Accordingly, Defense counsel Salvatore Compoccia and Todd Spodek shall appear for a telephonic substitution of counsel proceeding on November 16, 2020, at 11:00 a.m. The Government need not attend. Counsel may access the proceeding by calling 888-398-2342 or 215-861-0674, and enter access code 5598827. Co-counsel, members of the press, and the public may access the audio feed of the conference using the same information. (Telephone Conference set for 11/16/2020 at 11:00 AM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 11/12/2020) (ap) (Entered: 11/12/2020)
11/10/2020SECOND LETTER MOTION addressed to Judge Analisa Torres from Todd A. Spodek dated 11/10/2020 re: 146 Endorsed Letter, Set Deadlines/Hearings,,,,,, re: Substitution of Defense Counsel Hearing . Document filed by Jonell Danforth. (Spodek, Todd) (Entered: 11/10/2020)
10/30/2020ENDORSED LETTER as to Jonell Danforth addressed to Judge Analisa Torres dated October 6, 2020 re: Substitution of Defense Counsel Application. ENDORSEMENT: By November 6, 2020, Defense counsel shall confer with the Government, and submit a letter to the docket stating the positions of both Defendant and the Government on "whether the Court can, consistent with the U.S. Constitution, Federal Rules of Criminal Procedure (see, e.g., Rules 5(f), 10(b) & (c), and 43), and any other relevant law, conduct the matter by telephone... and... whether the Defendant consents to appearance in that manner or to waiving his or her appearance altogether." Rule 2(B) of the Court's Emergency Individual Rules in Light of COVID-19 (emphasis added). SO ORDERED. (Signed by Judge Analisa Torres on 10/30/2020)(bw) (Entered: 10/30/2020)
10/7/2020MEMO ENDORSEMENT as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin re: 144 LETTER MOTION Adjourning Oct. 19, 2020 conference and Jan. 6, 2021 trial date...ENDORSEMENT: GRANTED. The status conference scheduled for October 19, 2020, is ADJOURNED to January 6, 2021, at 9:00 a.m. The trial scheduled for Janmuy 6, 2021, is ADJOURNED sine die. SO ORDERED. (Signed by Judge Analisa Torres on 10/7/2020) (Status Conference set for 1/6/2021 at 09:00 AM before Judge Analisa Torres.)(jbo) (Entered: 10/08/2020)
10/7/2020 LETTER MOTION addressed to Judge Analisa Torres from Jill R. Shellow dated 10/7/2020 re: Adjourning Oct. 19, 2020 conference and Jan. 6, 2021 trial date . Document filed by Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. (Shellow, Jill) (Entered: 10/07/2020)
10/6/2020MEMO ENDORSEMENT as to Lafone Eley (2) granting 140 LETTER MOTION addressed to Judge Analisa Torres from Kristen Santillo dated October 5, 2020 re: Letter Motion Seeking Appointment of Associate Counsel. ENDORSEMENT: GRANTED. Fem Mechlowitz's appointment as associate CJA cmnsel for Defendant Lafone Eley is GRANTED nunc pro tune to September 14, 2020. SO ORDERED. (Signed by Judge Analisa Torres on 10/6/2020) (lnl) (Entered: 10/07/2020)
10/6/2020FIRST LETTER MOTION addressed to Judge Analisa Torres from Todd A. Spodek dated 10/06/2020 re: Substitution of Defense Counsel Application and Hearing . Document filed by Jonell Danforth. (Spodek, Todd) (Entered: 10/06/2020)
10/6/2020NOTICE OF ATTORNEY APPEARANCE: Todd A. Spodek appearing for Jonell Danforth. Appearance Type: Retained. (Spodek, Todd) (Entered: 10/06/2020)
10/5/2020 LETTER MOTION addressed to Judge Analisa Torres from Kristen Santillo dated October 5, 2020 re: Letter Motion Seeking Appointment of Associate Counsel . Document filed by Lafone Eley. (Attachments: # 1 Exhibit Fern Mechlowitz Resume.)(Santillo, Kristen) (Entered: 10/05/2020)
9/14/2020Attorney update in case as to Lafone Eley. Attorney Kristen Marie Santillo for Lafone Eley added. Attorney James Matthew Branden terminated (jw) (Entered: 09/16/2020)
9/14/2020Minute Entry for proceedings held before Judge Analisa Torres:Substitution of counsel proceeding held via teleconference as to Lafone Eley held on 9/14/2020. CJA attorney James Branden present via telephone. Court reporter present via telephone. Defendant present via telephone. Defendant consented to proceeding telephonically. CJA attorney Kristen Santillo present via telephone. Defendant's application for substitution of counsel is GRANTED, for the reasons stated on the record. James Branden is relieved as counsel. Kristen Santillo is substituted as CJA counsel for Defendant Lafone Eley. Ms. Santillo is directed to inquire about Mr. Eley's medical treatment. (jw) (Entered: 09/16/2020)
9/10/2020ORDER as to Lafone Eley: It is hereby ORDERED that Defendant Lafone Eley and his counsel, James Branden, shall appear for a substitution of counsel hearing on September 14, 2020, at 12:00 p.m. The Government need not attend. The hearing shall proceed by teleconference. The parties will appear by telephone for the proceeding by calling (888) 398-2342 or (215) 861-0674 and using access code 5598827. Members of the press and the public may also access the audio feed of the conference by using this information. (Status Conference set for 9/14/2020 at 12:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 9/10/2020) (See ORDER set forth) (ap) (Entered: 09/10/2020)
9/2/2020 LETTER by Lafone Eley addressed to Judge Analisa Torres from James M. Branden dated September 2, 2020 re: Request to Withdraw as Counsel (Branden, James) (Entered: 09/02/2020)
8/17/2020Minute Entry for proceedings held before Judge Analisa Torres: Status Conference as to Lafone Eley, Stefvon Eley, Jonell Danforth held on 8/17/2020. AUSA Andrew Chan present. Defendant Jonell Danforth present with CJA Attorney Salvatore Compoccia, Defendant Lafone Eley present with CJA Attorney James Branden, Defendant Stefvon Eley present with CJA Attorney David Touger. Court reporter present. The next status conference will be on October 19, 2020, at a time to be set by court order. Time continues to be excluded under the Speedy Trial Act until January 6, 2021, for the reasons stated on the record. (lnl) Modified on 9/14/2020 (lnl). (Entered: 08/18/2020)
8/17/2020Minute Entry for proceedings held before Judge Analisa Torres: Status Conference as to Shalik Jenkins, Nasir Vincent, Elijah Burt held on 8/17/2020. AUSA Andrew Chan present. Defendant Shalik Jenkins present with CJA Attorney James Neuman, Defendant Nasir Vincent present with CJA Attorney Donna Newman, and Defendant Elijah Burt present with CJA Attorney Christine Delince. Court reporter present. The next status conference will be on October 19, 2020, at a time to be set by court order. Time continues to be excluded under the Speedy Trial Act until January 6, 2021, for the reasons stated on the record. (lnl) Modified on 9/14/2020 (lnl). (Entered: 08/18/2020)
8/17/2020Minute Entry for proceedings held before Judge Analisa Torres:Status Conference as to Nyshiem Spencer, Malik Tunstall, Price Tunstall, Allan Gonzalez, Ashanae McLaughlin held on 8/18/2020. AUSAs Andrew Chan and Justin Rodriguez present. Defendant Nyshiem Spencer present with CJA Attorney Sabrina Shroff, Defendant Malik Tunstall present with CJA Attorney Kenneth Montgomery, Defendant Price Tunstall present with CJA Attorney Sarah Sacks, Defendant Allan Gonzalez present with CJA Attorney Jill Shellow, and Defendant Ashanae McLaughlin present with CJA Attorneys Spiro Ferris and Robert Leighton. Coordinating Discovery Attorney Julie De Almeida present. Court reporter present. The next status conference will be on October 19, 2020, at a time to be set by court order. Time continues to be excluded under the Speedy Trial Act until January 6, 2021, for the reasons stated on the record. (lnl) Modified on 9/14/2020 (lnl). Modified on 9/14/2020 (lnl). (Entered: 08/18/2020)
8/13/2020ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. It is hereby ORDERED that the Court will hold three status conferences in this action on August 17, 2020, at 9:00 a.m., 10:30 a.m., and 12:00 p.m., using the Courts teleconferencing system. Chambers will provide the parties with instructions on how and when to appear via telephone. All others, including co-counsel, members of the press, and the public, may access the audio of the conference by calling (888) 398-2342 at the times of the hearings, and entering conference ID number 5598827 (Signed by Judge Analisa Torres on 8/13/2020)(jw) (Entered: 08/13/2020)
8/11/2020MEMO ENDORSEMENT 135 LETTER MOTION To request that the Court exclude time under the Speedy Trial Act...ENDORSEMENT...The Government's request is GRANTED. It is ORDERED that the time from August 4, 2020 to January 6, 2021 is excluded from the Speedy Trial calculation pursuant to 18 U.S.C. § 3161(h)(7)(A) because the ends of justice served by excluding such time outweigh the interests of the public and the Defendants in a speedy trial in that this will allow time for the Defendants toreview discovery, evaluate which motions, if any, are appropriate, and for the parties to continue discussing potential pretrial dispositions. SO ORDERED. (Signed by Judge Analisa Torres on 8/11/20) (jw) (Entered: 08/11/2020)
8/4/2020 LETTER MOTION addressed to Judge Analisa Torres from Justin V. Rodriguez dated August 4, 2020 re: Exclusion of Time under the Speedy Trial Act . Document filed by USA as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. (Rodriguez, Justin) (Entered: 08/04/2020)
8/3/2020Minute Entry for proceedings held before Judge Analisa Torres: Status Conference as to Shalik Jenkins held on 8/3/2020. Substitution of counsel proceeding held via videoconference. CJA attorneys Gregory Morvillo and Diane Feronne present. Court reporter present. Defendant waived his appearance at the proceeding. Defense counsel's application for substitution of counsel is GRANTED, for the reasons stated on the record. Gregory Morvillo and Diane Feronne are relieved as counsel. James Neuman is substituted as CJA counsel for Defendant Shalik Jenkins. (ap) (Entered: 08/03/2020)
7/30/2020ORDER as to Shalik Jenkins: It is hereby ORDERED that Defendant Shalik Jenkins and his counsel, Gregory Morvillo and Diane Feronne, shall appear for a substitution of counsel hearing on August 3, 2020, at 9:00 a.m. The Government need not attend. The hearing shall proceed by videoconference. Instructions for the parties' participation in and the public's observance of the proceeding are set out below. Under the terms of Section 15002(b)(2) of the CARES Act, Pub. L. No. 116-136 (2020), the Judicial Conference of the United States has found that emergency conditions due to the national emergency declared by the President with respect to COVID-19 materially have affected and will materially affect the functioning of the federal courts, and the Chief Judge of this district has entered an order finding that it is "necessary for the judges in this District to continue to conduct proceedings remotely, by videoconference or teleconference." In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. Jun. 24, 2020). (Status Conference set for 8/3/2020 at 09:00 AM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 7/30/2020) (See ORDER set forth) (ap) (Entered: 07/31/2020)
7/30/2020ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin: It is hereby ORDERED that the status conference scheduled for August 4, 2020 is ADJOURNED sine die. Additionally, Defense counsel's request, ECF No. 132, is DENIED. The Court would also strongly prefer one videoconference where all Defendants can be present at the same time, but despite the Court's best efforts, that is not possible in light of various restrictions at MCC and MDC. As a result of these restrictions, the Court must hold three telephonic status conferences, at a date and at times to be specified by further Court order. The Clerk of Court is directed to terminate the motion at ECF No. 132. (Signed by Judge Analisa Torres on 7/30/2020) (See ORDER set forth) (ap) Modified on 7/31/2020 (ap). (Entered: 07/31/2020)
7/24/2020 LETTER MOTION addressed to Judge Analisa Torres from Jill R. Shellow dated 7/24/2020 re: Request that the August 4, 2020 be condudcted remotely by video telephone conferene . Document filed by Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. (Shellow, Jill) (Entered: 07/24/2020)
7/21/2020 LETTER by Allan Gonzalez as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin addressed to Judge Analisa Torres from Jill R. Shellow dated 7/21/2020 re: Participation by defendants in 8/4/20 conference Document filed by Allan Gonzalez. (Shellow, Jill) (Entered: 07/21/2020)
6/8/2020ORDER as to Price Tunstall. It is hereby ORDERED that the defendant's bail be modified to remove the sole condition of GPS at this time, to a location monitoring technology at the discretion of Pretrial Services (Signed by Judge Analisa Torres on 6/8/2020)(jw) (Entered: 06/08/2020)
6/5/2020ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin (Defense Replies due by 6/15/2020., Government Responses due by 6/29/2020, Status Conference set for 8/4/2020 at 02:00 PM before Judge Analisa Torres.) Time excluded from 6/5/20 until 8/4/20. By June 15, 2020, each attorney shall deliver a hard drive to the Government. By June 29, 2020, the Government shall screen discovery materials for privilege, load non-privileged materials to hard drives provided by defense counsel, and deliver a loaded hard drive to (1) each detained Defendant, and (2) counsel for each Defendant out on bail. By July 17, 2020, the Coordinating Discovery Attorney (CDA) shall provide a report to the Court concerning the status of discovery. The Government and each defense attorney shall individually discuss those portions of discovery which the Government has identified as of particular relevance to that Defendant. The next status conference in this case shall start at 2:00 p.m. on August 4, 2020. Defendants shall appear in groups of three at a time to be assigned by the Court. By July 24, 2020, the parties shall indicate whether they consent to conducting the proceeding telephonically, and whether Defendants wish to appear telephonically or waive appearance altogether. It is further ORDERED that the time until August 4, 2020 is prospectively excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), because the ends of justice served by excluding such time outweigh the interests of the public and Defendants in a speedy trial in that this will allow time for the Government to provide discovery on hard drives to each Defendant and for Defendants to review such discovery. SO ORDERED (Signed by Judge Analisa Torres on 6/5/2020)(jw) (Entered: 06/08/2020)
6/1/2020Terminate Deadlines and Hearings as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. (ap) (Entered: 06/01/2020)
6/1/2020ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. Time excluded from 6/1/2020 until 6/15/2020., As to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. To permit additional time for the Court to coordinate a possible telephonic conference with all Defendants present, the status conference scheduled for June 2, 2020 is ADJOURNED sine die. It is further ORDERED that the time until June 15, 2020 is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), pursuant to Chief Judge McMahons standing order, see In re: Coronavirus/COVID-19 Pandemic, 20 Misc. 196, ECF No. 1 6 (S.D.N.Y. Apr. 20, 2020). (Signed by Judge Analisa Torres on 6/1/2020) (ap) (Entered: 06/01/2020)
5/26/2020 LETTER by Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin addressed to Judge Analisa Torres from Jill R. Shellow dated 05/26/2020 re: Supplement to Attendance at a telephonic or video status conference on June 2,2020 (Shellow, Jill) (Entered: 05/26/2020)
5/26/2020 LETTER by Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin addressed to Judge Analisa Torres from Jill R. Shellow dated May 26, 2020 re: Attendance at a telephonic or video status conference on June 2, 2002 (Shellow, Jill) (Entered: 05/26/2020)
5/22/2020MEMO ENDORSEMENT as to the Government writes on behalf of the parties, in response to the Court's May 18, 2020 order (Doc. No. 123) that we submit a joint letter indicating our views on whether, consistent with the Federal Rules of Criminal Procedure and the United States Constitution, the presently scheduled June 2, 2020 conference can go fo1ward and advising the Court which defendants will participate in the call and which will waive their rights to appear altogether...ENDORSEMENT...The deadline for the parties to submit a joint letter, on whether each Defendant either consents to appearing telephonically or waives his or her appearance, is extended to May 26, 2020, at 11:00 a.m. Should the parties require additional time to submit a joint letter, or should the logistics of coordinating Defendants' telephonic appearances (if any are anticipated) require a brief adjournment of the conference date, the parties should so indicate by a jointly filed letter, with proposed dates. SO ORDERED. (Signed by Judge Analisa Torres on 5/21/2020)(jw) (Entered: 05/22/2020)
5/21/2020JOINT LETTER by USA as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin addressed to Judge Analisa Torres from Justin V. Rodriguez dated May 21, 2020 re: Response to Court's May 18, 2020 Order Document filed by USA. (Rodriguez, Justin) (Entered: 05/21/2020)
5/18/2020ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. The next status conference in this case is set for June 2, 2020. See 2/18/2020 Minute Entry. By May 22, 2020, the parties shall submit a joint letter to the Court indicating their views on (1) whether the Court can, consistent with the U.S. Constitution, Federal Rules of Criminal Procedure (see, e.g., Rules 5(f), 10(b) & (c), and 43), and any other relevant law, conduct the matter by telephone, and (2) whether each Defendant either consents to appearing in that manner or waives his or her appearance altogether. (Signed by Judge Analisa Torres on 5/18/20)(jw) (Entered: 05/18/2020)
5/12/2020Minute Entry for proceedings held before Judge Analisa Torres: Bond Hearing as to Jonell Danforth held on 5/12/2020. Bail review hearing held telephonically. AUSAs Justin Rodriguez and Andrew Chan present for the Government. Retained counsel Salvatore Compoccia present for the Defendant. Pretrial Services Officer Erin Cunningham present. Court reporter present. Defendant waived his appearance at the proceeding. Defendant's application for temporary release is DENIED, for the reasons stated on the record. (ap) (Entered: 05/12/2020)
5/8/2020ORDER as to Jonell Danforth: The Court having been notified of the parties' consent to an appearance by telephone and the waiver of Defendant Danforth's appearance, see ECF Nos. 110, 113, 120, it is hereby ORDERED that a bail review hearing shall be held telephonically on May 12, 2020, at 11:00 a.m. The parties are directed to call 888-398-2342 or 215-861-0674, and enter access code 5598827. (Telephonic Bail Hearing set for 5/12/2020 at 11:00 AM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 5/8/2020)(ap) (Entered: 05/11/2020)
5/8/2020 LETTER by Shalik Jenkins addressed to Judge Analisa Torres from Gregory Morvillo dated May 8, 2020 re: Status letter regarding the progress of scheduling a legal phone call (Morvillo, Gregory) (Entered: 05/08/2020)
5/8/2020FOURTH LETTER MOTION addressed to Judge Analisa Torres from Salvatore Compoccia dated March 8, 2020 re: Bail application . Document filed by Jonell Danforth. (Compoccia, Salvatore) (Entered: 05/08/2020)
5/7/2020MEMO ENDORSEMENT as to Jonell Danforth on re: 113 FIRST LETTER by Jonell Danforth addressed to Judge Analisa Torres from Salvatore Compoccia dated May 3, 2020 re: Bail application. ENDORSEMENT: Defense counsel is directed to clarify whether Mr. Danforth waives his telephonic appearance and consents to a telephonic oral argument among counsel, or if Mr. Danforth wishes to appear at the proceeding telephonically. (Signed by Judge Analisa Torres on 5/7/2020) (ap) (Entered: 05/08/2020)
5/6/2020THIRD LETTER MOTION addressed to Judge Analisa Torres from Salvatore Compoccia dated May 6, 2020 re: filing under seal . Document filed by Jonell Danforth. (Compoccia, Salvatore) (Entered: 05/06/2020)
5/6/2020MEMO ENDORSED granting 114 Motion to Withdraw as Attorney. Spencer Bruck withdrawn from case as to Shalik Jenkins (4)...ENDORSEMENT: GRANTED. Spencer Buck is relieved as counsel.The Clerk of Court is directed to terminate Mr. Buck'sappearance from the docket.SO ORDERED. (Signed by Judge Analisa Torres on 5/6/2020) (jbo) (Entered: 05/06/2020)
5/6/2020SECOND LETTER MOTION addressed to Judge Analisa Torres from Salvatore Compoccia dated May 5, 2020 re: Bail application (Reply) . Document filed by Jonell Danforth. (Attachments: # 1 Exhibit)(Compoccia, Salvatore) (Entered: 05/06/2020)
5/5/2020DECLARATION of Spencer Bruck in Support as to Shalik Jenkins re: 114 MOTION for Spencer Bruck to Withdraw as Attorney .. (Bruck, Spencer) (Entered: 05/05/2020)
5/5/2020 MOTION for Spencer Bruck to Withdraw as Attorney . Document filed by Shalik Jenkins. (Attachments: # 1 Certificate of Service)(Bruck, Spencer) (Entered: 05/05/2020)
5/4/2020FIRST LETTER by Jonell Danforth addressed to Judge Analisa Torres from Salvatore Compoccia dated May 3, 2020 re: Bail application (Compoccia, Salvatore) (Entered: 05/04/2020)
4/30/2020112ORDER as to Jonell Danforth: The Court is in receipt of Defendant Jonell Danforth's motion, ECF No. 109, and the Government's opposition to the motion and consent to adjudication on the papers, ECF No. 110. Defendant too shall notify the Court by filed letter whether he consents to decision on the papers. (Signed by Judge Analisa Torres on 4/30/2020)(jw) (Entered: 04/30/2020)
4/30/2020NOTICE OF ATTORNEY APPEARANCE: Diane Ferrone appearing for Shalik Jenkins. Appearance Type: CJA Appointment. Associate Counsel (Ferrone, Diane) (Entered: 04/30/2020)
4/30/2020LETTER RESPONSE in Opposition by USA as to Jonell Danforth addressed to Judge Analisa Torres from Justin V. Rodriguez dated April 30, 2020 re: 109 FIRST LETTER MOTION addressed to Judge Analisa Torres from Salvatore Compoccia dated April 27, 2020 re: Bail .. (Rodriguez, Justin) (Entered: 04/30/2020)
4/29/2020FIRST LETTER MOTION addressed to Judge Analisa Torres from Salvatore Compoccia dated April 27, 2020 re: Bail . Document filed by Jonell Danforth. (Compoccia, Salvatore) (Entered: 04/29/2020)
4/28/2020ORDER as to Shalik Jenkins. Accordingly, the portion of the Courts April 14, 2020 order that directs the Bureau of Prisons and MCC to provide Defendant a weekly, 45-minute legal phone call with his counsel, ECF No. 100 at 2, is VACATED. By May 11, 2020, Defendant shall file a status letter regarding the progress of scheduling a legal phone call. (Signed by Judge Analisa Torres on 4/28/20)(jw) (Entered: 04/28/2020)
4/23/2020 LETTER by Shalik Jenkins addressed to Judge Analisa Torres from Grgeory Morvillo dated 4/23/20 re: In Response to USA/MCC Letter of April 22 (Morvillo, Gregory) (Entered: 04/23/2020)
4/23/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Nasir Vincent. Notice is hereby given that an official transcript of a Hearing proceeding held on 3/30/2020 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: 04/23/2020)
4/23/2020TRANSCRIPT of Proceedings as to Nasir Vincent re: Hearing held on 3/30/2020 before Judge Analisa Torres. Court Reporter/Transcriber: Paula Speer, (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 5/14/2020. Redacted Transcript Deadline set for 5/26/2020. Release of Transcript Restriction set for 7/22/2020. (McGuirk, Kelly) (Entered: 04/23/2020)
4/22/2020 LETTER by USA as to Shalik Jenkins addressed to Judge Analisa Torres from Andrew K. Chan dated April 22, 2020 re: Supplemental Letter from MCC Warden re: Court's April 15, 2020 Order for Weekly Legal Call Document filed by USA. (Attachments: # 1 Exhibit)(Chan, Andrew) (Entered: 04/22/2020)
4/16/2020 LETTER by Shalik Jenkins addressed to Judge Analisa Torres from Gregory Morvillo dated April 17, 2020 re: response to government and BOP letters re Order directing weekly calls for Mr. Jenkins and counsel (Attachments: # 1 Exhibit A - Protocol for Attorney Calls and Teleconference Hearings)(Morvillo, Gregory) (Entered: 04/17/2020)
4/16/2020 LETTER by USA as to Shalik Jenkins addressed to Judge Analisa Torres from Andrew K. Chan dated April 16, 2020 re: Letter from the Warden of the MCC Document filed by USA. (Attachments: # 1 Exhibit)(Chan, Andrew) (Entered: 04/16/2020)
4/14/2020ORDER as to Elijah Burt: Defendant's application for temporary release is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 90. (Signed by Judge Analisa Torres on 4/14/2020) (See ORDER set forth) (ap) (Entered: 04/15/2020)
4/14/2020ORDER as to Shalik Jenkins: Defendant's motion is GRANTED to the extent that the BOP and the MCC are directed to provide Defendant with a prearranged legal call with counsel of 45 minutes, once a week, until further order of the Court. The Clerk of Court is directed to terminate the motion at ECF Nos. 85 and 91. (Signed by Judge Analisa Torres on 4/14/2020) (See ORDER set forth) (ap) (Entered: 04/15/2020)
4/9/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Nyshiem Spencer. Notice is hereby given that an official transcript of a Conference proceeding held on 2/18/2020 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: 04/09/2020)
4/9/2020TRANSCRIPT of Proceedings as to Nyshiem Spencer re: Conference held on 2/18/2020 before Judge Analisa Torres. 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 4/30/2020. Redacted Transcript Deadline set for 5/11/2020. Release of Transcript Restriction set for 7/8/2020. (McGuirk, Kelly) (Entered: 04/09/2020)
4/9/2020NOTICE OF ATTORNEY APPEARANCE: Spencer Bruck appearing for Shalik Jenkins. Appearance Type: Pro Bono. (Bruck, Spencer) (Entered: 04/09/2020)
4/7/2020 LETTER by Shalik Jenkins addressed to Judge Analisa Torres from Gregory Morvillo dated April 7, 2020 re: 95 Response to the Government's letter dated April 7, 2020 (Morvillo, Gregory) (Entered: 04/07/2020)
4/7/2020 LETTER by USA as to Shalik Jenkins addressed to Judge Analisa Torres from Andrew K. Chan dated April 7, 2020 re: Government's Opposition to Defendant Shalik Jenkins's Request for Alternate Relief Document filed by USA. (Attachments: # 1 Exhibit)(Chan, Andrew) (Entered: 04/07/2020)
4/7/2020LETTER REPLY TO RESPONSE to Motion by Elijah Burt addressed to Judge Analisa Torres from Christine Delince dated April 7, 2020 re 90 FIRST LETTER MOTION addressed to Judge Analisa Torres from Christine Delince dated April 2, 2020 re: Bail Review .. (Attachments: # 1 Exhibit Memorandum)(Delince, Christine) (Entered: 04/07/2020)
4/7/2020ORDER 80 LETTER MOTION Accordingly, Defendants application for temporary release is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 80. (Signed by Judge Analisa Torres on 4/6/2020) (jw) (Entered: 04/07/2020)
4/4/2020LETTER RESPONSE in Opposition by USA as to Elijah Burt addressed to Judge Analisa Torres from Justin V. Rodriguez dated April 4, 2020 re: 90 FIRST LETTER MOTION addressed to Judge Analisa Torres from Christine Delince dated April 2, 2020 re: Bail Review .. (Rodriguez, Justin) (Entered: 04/04/2020)
4/3/2020 LETTER MOTION addressed to Judge Analisa Torres from Gregory Morvillo dated 4/3/2020 re: 85 LETTER MOTION addressed to Judge Analisa Torres from Gregory Morvillo dated 4/1/2020 re: Bail application on behalf of Mr. Jenkins . re: Withdrawal of Mr Jenkins' bail request and for Alternate Relief . Document filed by Shalik Jenkins. (Morvillo, Gregory) (Entered: 04/03/2020)
4/2/2020FIRST LETTER MOTION addressed to Judge Analisa Torres from Christine Delince dated April 2, 2020 re: Bail Review . Document filed by Elijah Burt. (Delince, Christine) (Entered: 04/02/2020)
4/2/2020Terminate Deadlines and Hearings as to Stefvon Eley: Bond Hearing Terminated. (lnl) (Entered: 04/02/2020)
4/2/2020ORDER as to Stefvon Eley (3): The Court having received the parties' consent to the determination of Defendant Stefvon Eley's bail review motion on the papers, ECF Nos. 87 & 88, it is hereby ORDERED that the bail review hearing scheduled for April 2, 2020 is ADJOURNED sine die. SO ORDERED. (Signed by Judge Analisa Torres on 4/2/2020) (lnl) (Entered: 04/02/2020)
4/2/2020FIRST LETTER MOTION addressed to Judge Analisa Torres from David Touger dated April 2, 2020 re: Emergent Bail Request Response. Document filed by Stefvon Eley. (Touger, David) (Entered: 04/02/2020)
4/2/2020 LETTER by USA as to Stefvon Eley addressed to Judge Analisa Torres from Justin V. Rodriguez dated April 2, 2020 re: Government's Consent to Determination of Stefvon Eley's Application for Bail Review on the Papers Document filed by USA. (Rodriguez, Justin) (Entered: 04/02/2020)
4/1/202086ORDER as to Stefvon Eley, ECF No. 80, and Shalik Jenkins, ECF No. 85: The parties shall notify the Court whether the parties consent to determination of Defendants' respective applications for bail review on the papers. It is further ORDERED that the Government file its response to Defendant Jenkins' bail application, ECF No. 85, by April 3, 2020. SO ORDERED. (Signed by Judge Analisa Torres on 4/1/2020)(jw) (Entered: 04/01/2020)
4/1/2020 LETTER MOTION addressed to Judge Analisa Torres from Gregory Morvillo dated 4/1/2020 re: Bail application on behalf of Mr. Jenkins . Document filed by Shalik Jenkins. (Morvillo, Gregory) (Entered: 04/01/2020)
4/1/2020LETTER RESPONSE in Opposition by USA as to Stefvon Eley addressed to Judge Analisa Torres from Justin V. Rodriguez dated April 1, 2020 re: 80 FIRST LETTER MOTION addressed to Judge Analisa Torres from David Touger dated March 30, 2020 re: Emergency Bail .. (Rodriguez, Justin) (Entered: 04/01/2020)
3/31/2020Attorney update in case as to Nyshiem Spencer (1). Attorney Sabrina P. Shroff for Nyshiem Spencer added. Attorney Karloff Cylton Commissiong terminated. (bw) (Entered: 03/31/2020)
3/31/2020Minute Entry for proceedings held before Judge Analisa Torres: Substitution of Counsel telephonically as to (20-Cr-78-1) Nyshiem Spencer held on 3/31/2020. CJA attorney Karloff Commissiong present. CJA attorney Sabrina Shroff present. Court reporter present. Defendant waived his appearance at the proceeding. Defendants application for substitution of counsel is GRANTED, for the reasons stated on the record. Karloff Commissiong is relieved as counsel. Sabrina Shroff is appointed as counsel for Defendant Nyshiem Spencer. (jw); Modified on 3/31/2020 (bw). (Entered: 03/31/2020)
3/31/2020Minute Entry for proceedings held before Judge Analisa Torres: Telephone Conference as to Jonell Danforth held on 3/31/2020. Substitution of counsel proceeding held telephonically. CJA attorney Daniel McGuinness present. Retained counsel Salvatore Compoccia present. Court reporter present. Defendant waived his appearance at the proceeding. Defendant's application for substitution of counsel is GRANTED, for the reasons stated on the record. Daniel McGuinness is relieved as counsel. Salvatore Compoccia is substituted as counsel for Defendant Jonell Danforth. (Added attorney Salvatore Compoccia for Jonell Danforth. Attorney Daniel Adam McGuinness terminated in case as to Jonell Danforth.) (lnl) (Entered: 03/31/2020)
3/31/202083ORDER as to Nyshiem Spencer. The telephonic substitution of counsel hearing scheduled for 2:00 p.m. on March 31, 2020, shall be held at 2:40 p.m. instead. The call-in information remains the same. SO ORDERED. (Signed by Judge Analisa Torres on 3/31/2020)(jw) (Entered: 03/31/2020)
3/31/2020ORDER as to Stefvon Eley. The Court having been notified of the parties' consent to an appearance by telephone and the waiver of Defendants appearance, ECF No. 80, it is hereby ORDERED that a bail review hearing shall be held telephonically on April 2, 2020, at 5:00 p.m. The call-in information is as follows: 888-398-2342 or 215-861-0674, access code: 5598827. SO ORDERED. (Signed by Judge Analisa Torres on 3/30/2020) (Bond Hearing set for 4/2/2020 at 05:00 PM before Judge Analisa Torres.) (jbo) (Entered: 03/31/2020)
3/31/2020MEMO ENDORSEMENT as to Stefvon Eley re: 81 Response to Motion filed by USA...ENDORSEMENT: Order granting briefing deadline. (Signed by Judge Analisa Torres on 3/31/2020) (Responses due by 4/1/2020) (jbo) (Entered: 03/31/2020)
3/30/2020Attorney update in case as to Lafone Eley. Attorney James Matthew Branden for Lafone Eley added. (jw) (Entered: 03/31/2020)
3/30/2020LETTER RESPONSE to Motion by USA as to Stefvon Eley addressed to Judge Analisa Torres from Justin V. Rodriguez dated March 30, 2020 re: 80 FIRST LETTER MOTION addressed to Judge Analisa Torres from David Touger dated March 30, 2020 re: Emergency Bail .. (Rodriguez, Justin) (Entered: 03/30/2020)
3/30/2020Minute Entry for proceedings held before Judge Analisa Torres: Substitution of counsel proceeding held telephonically as to Lafone Eley on 3/30/2020. Defense counsel Natali Todd present. CJA Attorney James Branden present. Court reporter present. Defendant waived his appearance at the proceeding. Defendant's application for substitution of counsel is GRANTED, for the reasons stated on the record. Natali Todd is relieved as counsel. James Branden is appointed as counsel for Defendant Lafone Eley. (Added attorney James Matthew Branden for Lafone Eley. Attorney Natali J.H. Todd terminated in case as to Lafone Eley.) (lnl) (Entered: 03/30/2020)
3/30/2020Minute Entry for proceedings held before Judge Analisa Torres: Telephone Bail Review Hearing as to Nasir Vincent held on 3/30/2020. AUSAs Justin Rodriguez and Andrew Chan present for the Government. Defense counsel Donna Newman present. Court reporter present. Defendant waived his appearance at the proceeding. Defendant's application for release on bail is DENIED, for the reasons stated on the record. (lnl) (Entered: 03/30/2020)
3/30/2020FIRST LETTER MOTION addressed to Judge Analisa Torres from David Touger dated March 30, 2020 re: Emergency Bail . Document filed by Stefvon Eley. (Touger, David) (Entered: 03/30/2020)
3/27/2020ORDER as to (20-Cr-78-9) Jonell Danforth. The Court having been notified of Defendant Jonnell Danforth's waiver of his right to appear at a substitution of counsel proceeding, the parties' consent to conducting the proceeding telephonically, and the parties' belief that a telephonic proceeding would be consistent with the U.S. Constitution and Fed. R. Crim. P. 43(b), ECF Nos. 64, 71, it is hereby ORDERED that current counsel for Jonell Danforth, Daniel A. McGuinness, and proposed counsel, Salvatore Compoccia, shall appear telephonically for a substitution of counsel hearing on March 31, 2020, at 2:20 p.m. The Government need not appear. The call-in information is as follows: 888-398-2342 or 215-861-0674, access code: 5598827. SO ORDERED. (Signed by Judge Analisa Torres on 3/27/2020)(bw) (Entered: 03/27/2020)
3/27/2020ORDER as to (20-Cr-78-7) Nasir Vincent. The Court having been notified of the parties' consent to an appearance by telephone and the waiver of Defendant Vincent's appearance, ECF No. 72, it is hereby ORDERED that a bail review hearing, see ECF Nos. 66, 67, 73, shall be held telephonically on March 30, 2020, at 1:30 p.m. The call-in information is as follows: 888-398-2342 or 215-861-0674, access code: 5598827. SO ORDERED. (Signed by Judge Analisa Torres on 3/27/2020)(bw) (Entered: 03/27/2020)
3/27/2020ORDER as to (20-Cr-78-2) Lafone Eley. The Court having been notified of the parties' position that, consistent with the U.S. Constitution and the Federal Rule of Criminal Procedure, a substitution of counsel hearing can be conducted telephonically and that Defendant Eley's presence is not required, ECF No. 70, it is hereby ORDERED that a substitution of counsel hearing shall be held telephonically on March 30, 2020, at 2:00 p.m. The Government need not appear. The call-in information is as follows: 888-398-2342 or 215-861-0674, access code: 5598827. SO ORDERED. (Signed by Judge Analisa Torres on 3/27/2020)(bw) (Entered: 03/27/2020)
3/27/2020ORDER as to (20-Cr-78-1) Nyshiem Spencer. The Court having been notified of the parties' consent to an appearance by telephone and the parties' position that, pursuant to the U.S. Constitution and the Federal Rule of Criminal Procedure, Defendant Spencer's presence is not required at a substitution of counsel conference, ECF No. 74, it is hereby ORDERED that a substitution of counsel hearing shall be held telephonically on March 31, 2020, at 2:00 p.m. The Government need not appear. The call-in information is as follows: 888-398-2342 or 215-861-0674, access code: 5598827. SO ORDERED. (Signed by Judge Analisa Torres on 3/27/2020)(bw) (Entered: 03/27/2020)
3/27/2020ORDER as to (20-Cr-78-08) Allan Gonzalez. In light of Defendant Allan Gonzalez's consent to receiving a ruling on his application to modify his bail conditions on the papers, as well as the waiver of his right to appear for a hearing, either in person or telephonically, ECF No. 69, and upon review of the submission by Defendant, made on consent of the Government and Pretrial Services, ECF No. 65, it is hereby ORDERED that: 1. The home incarceration provision with location monitoring is DELETED from Defendant's bail conditions. 2. The requirement that Defendant live with his father, Alejandro Gonzalez, Sr., in Rockland County, New York is ADDED as a bail condition. SO ORDERED. (Signed by Judge Analisa Torres on 3/27/2020)(bw) (Entered: 03/27/2020)
3/27/2020FIRST LETTER MOTION addressed to Judge Analisa Torres from Karloff C. Commissiong dated March 27, 2020 re: 68 Order,,,,, re: Response to Docket Number 68 - request to schedule telephone conference . Document filed by Nyshiem Spencer. (Commissiong, Karloff) (Entered: 03/27/2020)
3/27/2020 LETTER MOTION addressed to Judge Analisa Torres from Donna R. Newman dated March 26, 2020 re: Reply to Government's Opposition to Defendant's Bail Applicaiton . Document filed by Nasir Vincent. (Attachments: # 1 Exhibit A)(Newman, Donna) (Entered: 03/27/2020)
3/26/2020 LETTER MOTION addressed to Judge Analisa Torres from Donna R. Newman dated March 26, 2020 re: Telephone Conference & Waiver of Defendant's Appearance . Document filed by Nasir Vincent. (Newman, Donna) (Entered: 03/26/2020)
3/26/2020 LETTER MOTION addressed to Judge Analisa Torres from Daniel McGuinness dated 03/26/2020 re: 64 LETTER MOTION addressed to Judge Analisa Torres from Daniel McGuinness dated 03/23/2020 re: Substitution of Counsel . re: Substitution of Counsel . Document filed by Jonell Danforth. (McGuinness, Daniel) (Entered: 03/26/2020)
3/26/2020 LETTER MOTION addressed to Judge Analisa Torres from Natali Todd dated March 26, 2020 re: Response to Court Order, Document 68 . Document filed by Lafone Eley. (Todd, Natali) (Entered: 03/26/2020)
3/26/2020 LETTER MOTION addressed to Judge Analisa Torres from Jill R. Shellow dated 3/26/2020 re: Defendant's waiver re bail modification request . Document filed by Allan Gonzalez. (Shellow, Jill) (Entered: 03/26/2020)
3/26/2020ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. The Court is in receipt of several applications from Defendants. ECF Nos. 60, 64, 65, 66. In light of the COVID-19 public health crisis, the Court adopted emergency rules for conducting conferences and proceedings in criminal cases. See Rule 2(B) of the Court's Emergency Individual Rules and Practices in Light of COVI-19. Accordingly, the parties making the applications at ECF Nos. 60, 64, and 66 are directed to confer with the Government, and submit letters to the docket stating the positions of both Defendant and the Government on "whether the Court can, consistent with the U.S. Constitution, Federal Rules of Criminal Procedure (see, e.g., Rules 5(f), 10(b) & (c), and 43), and any other relevant law, conduct the matter by telephone... and, if applicable, whether the Defendant consents to appearance in that manner or to waiving his or her appearance altogether." Rule 2(B) of the Court's Emergency Individual Rules (emphasis added). Counsel for Allan Gonzalez is directed to file a letter stating whether Gonzalez waives any form of appearance and consents to the modification of his bail conditions as requested at ECF No. 65, on the papers, without a telephonic hearing. SO ORDERED. (Signed by Judge Analisa Torres on 3/26/2020)(bw) (Entered: 03/26/2020)
3/26/2020LETTER RESPONSE in Opposition by USA as to Nasir Vincent addressed to Judge Analisa Torres from Justin V. Rodriguez dated March 26, 2020 re: 66 LETTER MOTION addressed to Judge Analisa Torres from Donna R. Newman dated March 25, 2020 re: Bond Application .. (Rodriguez, Justin) (Entered: 03/26/2020)
3/25/2020 LETTER MOTION addressed to Judge Analisa Torres from Donna R. Newman dated March 25, 2020 re: Bond Application . Document filed by Nasir Vincent. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Newman, Donna) (Entered: 03/25/2020)
3/23/2020 LETTER MOTION addressed to Judge Analisa Torres from Jill R. Shellow dated 3/23/2020 re: Request to modify bail conditions . Document filed by Allan Gonzalez. (Shellow, Jill) (Entered: 03/23/2020)
3/23/2020 LETTER MOTION addressed to Judge Analisa Torres from Daniel McGuinness dated 03/23/2020 re: Substitution of Counsel . Document filed by Jonell Danforth. (McGuinness, Daniel) (Entered: 03/23/2020)
3/23/2020***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Jonell Danforth: Notice to Attorney Compoccia, Salvatore to RE-FILE Document 63 Notice of Attorney Appearance - Defendant. ERROR(S): Document has not been fully secured, item can be changed/altered in real time. (ka) (Entered: 03/23/2020)
3/20/2020 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF ATTORNEY APPEARANCE: Salvatore Compoccia appearing for Jonell Danforth. Appearance Type: Retained. (Compoccia, Salvatore) Modified on 3/23/2020 (ka). (Entered: 03/20/2020)
3/16/2020ORDER as to Nyshiem Spencer, Lafone Eley: It is hereby ORDERED that the substitution of counsel hearings for Nyshiem Spencer and Lafone Eley, set for March 17 and March 19, 2020, respectively, are ADJOURNED sine die. SO ORDERED. (Attorney Appointment Hearings Terminated as to Nyshiem Spencer, Lafone Eley) (Signed by Judge Analisa Torres on 3/16/2020) (lnl) (Entered: 03/16/2020)
3/13/2020ORDER as to Lafone Eley: It is hereby ORDERED that Defendant Lafone Eley and his counsel, Natali Todd, shall appear for a substitution of counsel hearing on March 19, 2020, at 1:30 p.m. The Government need not attend. SO ORDERED. (Status Conference set for 3/19/2020 at 01:30 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 3/13/2020) (lnl) (Entered: 03/13/2020)
3/12/2020 LETTER MOTION addressed to Judge Analisa Torres from Natali Todd dated March 12, 2020 re: Substitution of Counsel . Document filed by Lafone Eley. (Todd, Natali) (Entered: 03/12/2020)
3/12/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Lafone Eley: Notice to Attorney Todd, Natali to RE-FILE Document 59 MOTION to Appoint Counsel. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 03/12/2020)
3/12/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Appoint Counsel . Document filed by Lafone Eley. (Todd, Natali) Modified on 3/12/2020 (ka). (Entered: 03/12/2020)
3/9/2020PROTECTIVE ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin...regarding procedures to be followed that shall govern the handling of confidential material...(Signed by Judge Analisa Torres on 3/9/2020) (lnl) (Entered: 03/09/2020)
3/9/2020 LETTER MOTION addressed to Judge Analisa Torres from Justin V. Rodriguez dated March 9, 2020 re: Entry of Protective Order . Document filed by USA as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. (Attachments: # 1 Exhibit Proposed Protective Order)(Rodriguez, Justin) (Entered: 03/09/2020)
3/6/202056SEALED DOCUMENT placed in vault. (mhe) (Entered: 03/06/2020)
3/5/202055SEALED DOCUMENT placed in vault. (mhe) (Entered: 03/05/2020)
3/4/2020ORDER as to (20-Cr-78-1) Nyshiem Spencer. It is hereby ORDERED that Defendant Spencer and his counsel, Karloff C. Commissiong, shall appear for a substitution of counsel hearing on March 17, 2020, at 2:30 p.m. The Government need not attend. SO ORDERED. (Signed by Judge Analisa Torres on 3/4/2020)(bw) (Entered: 03/05/2020)
3/3/2020ORDER APPOINTING JULIE dE ALMEIDA, ESQ. AS COORDINATING DISCOVERY ATTORNEY: as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. It is hereby ORDERED that Julie de Almeida, Esq. is appointed as Coordinating Discovery Attorney for court-appointed defense counsel. (*** See this Order for complete details. ***) (Signed by Judge Analisa Torres on 3/3/2020)(bw) (Entered: 03/03/2020)
2/27/202052CJA 23 Financial Affidavit by Lafone Eley. (Signed by Magistrate Judge Sarah L Cave) Attorney Natali Todd (jw) (Entered: 03/02/2020)
2/27/2020Set/Reset Deadlines/Hearings as to Lafone Eley: Pretrial Conference set for 6/2/2020 at 03:00 PM before Judge Analisa Torres (jw) (Entered: 02/28/2020)
2/27/2020Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Plea entered by Lafone Eley (2) Count 1,2,3 Not Guilty. (jw) (Entered: 02/28/2020)
2/27/2020Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Arraignment on disposition sheet as to Lafone Eley (2) Count 1,2,3 held on 2/27/2020. Deft present with atty Natali J.H. Todd. AUSA Justin Rodriguez present. Deft arraigned and pleads not guilty. Next conference set before District Judge on 6/2/2020 at 3pm (jw) (Entered: 02/28/2020)
2/27/2020Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Initial Appearance on disposition sheet as to Lafone Eley held on 2/27/2020. Deft present with atty Natali J.H. Todd. AUSA Justin Rodriguez present. Detention on consent without prejudice. (jw) (Entered: 02/28/2020)
2/27/2020NOTICE OF ATTORNEY APPEARANCE: Natali J.H. Todd appearing for Lafone Eley. Appearance Type: CJA Appointment. (Todd, Natali) (Entered: 02/27/2020)
2/26/2020NOTICE OF ATTORNEY APPEARANCE Andrew Ken-Wei Chan appearing for USA. (Chan, Andrew) (Entered: 02/26/2020)
2/24/2020NOTICE OF ATTORNEY APPEARANCE: Robert P. Leighton appearing for Ashanae McLaughlin. Appearance Type: Retained. Co-counsel (Leighton, Robert) (Entered: 02/24/2020)
2/21/2020PRB Bond Entered as to Price Tunstall in amount of $ 50,000.00. 2 FRP, Travel restricted to SDNY/EDNY, Surrender travel documents (& No new applications), Pretrial Supervision as directed by Pretrial Services, Drug Testing/Treatment as directed by PTS, Electronic Monitoring, GPS, Deft to continue or seek employment or defendant to continue or start education program, Deft not to possess firearm/destructive device/other weapon, Deft to be detained until all conditions are met. Refrain from contact with co-defendants apart from his brother, unless in presence of counsel, Deft or his brother, but not both, may reside at the family home on Taylor Avenue in the Bronx and the other must reside elsewhere, defense counsel to report to the government and to PTS the identity of the other residence to the Government and PTS no later than February 6. (jw) (Entered: 02/27/2020)
2/18/2020Minute Entry for proceedings held before Judge Analisa Torres: Pretrial Conference as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin held on 2/18/2020. Initial conference held. AUSA Justin Rodriguez present. Defendant Nyshiem Spencer present with CJA Attorney Karloff Commissiong, Defendant Stefvon Eley present with CJA Attorney David Touger, Defendant Shalik Jenkins present with CJA Attorney Gregory Morvillo, Defendant Malik Tunstall present with CJA Attorney Kenneth Montgomery, Defendant Price Tunstall present with CJA Attorney Sarah Sacks, Defendant Nasir Vincent present with CJA Attorney Donna Newman, Defendant Allan Gonzalez present with CJA Attorney Jill Shellow, Defendant Jonell Danforth present with CJA Attorney Daniel McGuinness, Defendant Elijah Burt present with CJA Attorney Christine Delince, and Defendant Ashanae McLaughlin present with CJA Attorneys Spiro Ferris and Robert Laughton. Defendant Lafone Eley not present due to a medical issue. Court reporter present. Trial set for January 6, 2021. The next status conference will be on June 2, 2020, at 3:00 p.m. Defendants' bail status shall remain the same, for the reasons stated on the record. Time is excluded under the Speedy Trial Act until June 2, 2020, for the reasons stated on the record. (jbo) (Entered: 02/19/2020)
2/14/202046SEALED DOCUMENT placed in vault. (dn) (Entered: 02/14/2020)
2/14/2020LETTER RESPONSE in Opposition by USA as to Elijah Burt addressed to Judge Analisa Torres from Justin V. Rodriguez dated February 14, 2020 re: 38 FIRST LETTER MOTION addressed to Judge Analisa Torres from Christine Delince dated February 12, 2020 re: Bail Modification .. (Rodriguez, Justin) (Entered: 02/14/2020)
2/13/2020ORAL ORDER as to (20-Cr-78-01) Nyshiem Spencer. Status Conference set for 2/18/2020 at 03:00 PM before Judge Analisa Torres. (By Magistrate Judge Robert W. Lehrburger on 2/13/2020) (bw) (Entered: 02/14/2020)
2/13/2020Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Appearance as to (20-Cr-78-01) Nyshiem Spencer held on 2/13/2020. AUSA Justin Rodriguez. Defense Counsel Karloff Commissiong (CJA). Defendant waives pretrial report. Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Conference before District Judge on 2/18/2020 at 3 p.m. (bw) (Entered: 02/14/2020)
2/13/2020Attorney update in case as to Nyshiem Spencer (1). Attorney Karloff Cylton Commissiong for Nyshiem Spencer added. (bw) (Entered: 02/14/2020)
2/13/202043CJA 23 Financial Affidavit by (20-Cr-78-01) Nyshiem Spencer. APPROVED: (Signed by Magistrate Judge Robert W. Lehrburger on 2/13/2020); Attorney Karloff Commissiong. (bw) (Entered: 02/14/2020)
2/13/2020ORAL ORDER as to (20-Cr-78-04) Shalik Jenkins. Status Conference set for 2/18/2020 at 03:00 PM before Judge Analisa Torres. (By Magistrate Judge Robert W. Lehrburger on 2/13/2020) (bw) (Entered: 02/14/2020)
2/13/2020Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Appearance as to (20-Cr-78-04) Shalik Jenkins held on 2/13/2020. Date of Arrest: 2/13/2020, on writ. AUSA Justin Rodriguez. Defense Counsel Gregory Morvillo (CJA). Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Conference before District Judge on 2/18/2020 at 3 p.m. (bw) (Entered: 02/14/2020)
2/13/2020Attorney update in case as to Shalik Jenkins (4). Attorney Gregory Robert Morvillo for Shalik Jenkins added. (bw) (Entered: 02/14/2020)
2/13/202041CJA 23 Financial Affidavit by (20-Cr-78-04) Shalik Jenkins. APPROVED: (Signed by Magistrate Judge Robert W. Lehrburger on 2/13/2020); Attorney Gregory Morvillo. (bw) (Entered: 02/14/2020)
2/13/2020Arrest of Shalik Jenkins (4). (bw) (Entered: 02/14/2020)
2/12/2020MEMO ENDORSEMENT as to Jonell Danforth (9) granting 37 LETTER MOTION addressed to Judge Analisa Torres from Daniel A. McGuinness dated 2/12/2020 re: Request for extension. ENDORSEMENT: GRANTED. By February 13, 2020, Defendant Jonell Danforth shall file a request for modification of bail conditions. By February 18, 2020, the Government shall file its response. SO ORDERED. (Signed by Judge Analisa Torres on 2/12/2020) (lnl) (Entered: 02/13/2020)
2/12/2020FIRST LETTER MOTION addressed to Judge Analisa Torres from Christine Delince dated February 12, 2020 re: Bail Modification . Document filed by Elijah Burt. Return Date set for 2/18/2020 at 03:00 PM. (Delince, Christine) (Entered: 02/12/2020)
2/12/2020 LETTER MOTION addressed to Judge Analisa Torres from Daniel A. McGuinness dated 2/12/2020 re: Request for extension . Document filed by Jonell Danforth. (McGuinness, Daniel) (Entered: 02/12/2020)
2/10/2020ORDER as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin: It is hereby ORDERED that defense counsel seeking a modification of bail conditions shall file a letter application, setting forth reasons and authorities, by February 12, 2020. The Government shall respond by letter by February 14, 2020. SO ORDERED. (Signed by Judge Analisa Torres on 2/10/2020) (lnl) (Entered: 02/10/2020)
2/7/2020Minute Entry for proceedings held before Magistrate Judge Sarah Netburn:Detention Hearing on Disposition sheet as to Elijah Burt held on 2/7/2020. Deft present with atty Christine Delince. AUSA Justin Rodriguez present. Detention: Risk of Flight/Danger. (jw) (Entered: 02/07/2020)
2/6/2020 LETTER by USA as to Elijah Burt addressed to Magistrate Judge Sarah Netburn from Justin V. Rodriguez dated February 6, 2020 re: Detention Hearing for Elijah Burt Document filed by USA. (Rodriguez, Justin) (Entered: 02/06/2020)
2/3/2020Appearance Bond Entered as to (20-Cr-78-11) Ashanae McLaughlin in amount of $50,000.00. $50,000 Personal Recognizance Bond; To be cosigned by two financially responsible persons; Travel restricted to SDNY/EDNY/DNJ; Surrender travel documents and no new applications; Pretrial supervision as directed by Pretrial Services; Drug testing and treatment; Defendant to be released on own signature; Remaining conditions to be met by 1 week; Defendant is prohibited from having direct or indirect contact with co-defendants outside the presence of counsel; Defendant will reside with her father in New Jersey; Defendant is prohibited from having the personal identifying information of others; Defendant is prohibited from opening any new bank accounts or lines of credit without prior Pretrial approval. [Advice of Penalties and Sanctions attached. Defendant Released.] (bw) (Entered: 02/13/2020)
2/3/2020NOTICE OF ATTORNEY APPEARANCE: Spiro L. Ferris appearing for Ashanae McLaughlin. (jw) (Entered: 02/07/2020)
2/3/2020Minute Entry for proceedings held before Magistrate Judge Sarah Netburn:Arraignment on disposition sheet as to Ashanae McLaughlin (11) Count 1,10,11 held on 2/3/2020. Deft present with atty Spiro Ferris. AUSA Justin Rodriguez present. Deft arraigned and pleads not guilty. Next conference set before District Judge on 2/18/20. (jw) (Entered: 02/04/2020)
2/3/2020Minute Entry for proceedings held before Magistrate Judge Sarah Netburn:Initial Appearance on disposition sheet as to Ashanae McLaughlin held on 2/3/2020. Deft present with atty Spiro Ferris. AUSA Justin Rodriguez present. $50,000 PRB, 2 FRP, Travel restricted to SDNY/EDNY/D. NJ/, 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, remaining conditions to be met by 1 week. Defendant is prohibited from having direct or indirect contact with co-defendants outside the presence of counsel. Defendant will reside with her father in NJ. Defendant is prohibited from having the personal identifying information of others. Defendant is prohibited from opening any new bank accounts or lines of credit without prior pretrial approval. (jw) (Entered: 02/04/2020)
2/3/2020NOTICE OF ATTORNEY APPEARANCE: Sarah M Sacks appearing for, Price Tunstall. Appearance Type: CJA Appointment. (Sacks, Sarah) Modified on 2/4/2020 (ka). (Entered: 02/03/2020)
1/31/2020PRB Bond Entered as to Allan Gonzalez in amount of $ 50,000.00. To be cosigned by 2 financially responsible persons; Travel restricted to SDNY/EDNY; Surrender travel documents (& No new applications); Pretrial supervision as directed by Pretrial Services; Drug testing and treatment as directed by PTS; Home detention with electronic monitoring; GPS; Defendant to continue or seek employment, or Defendant to continue or start education program; Defendant not to possess firearm/destructive device/other weapon; Defendant to be detained until all conditions are met; Remaining conditions to be met by 2/7/2020 (See * below). Maintain residence and not relocate without prior approval of PTS; No contact with co-defendants unless in the presence of counsel. PTS to conduct home visit within 24 hours. Defendant may be released tomorrow assuming home visit raises no issues (jw) (Entered: 02/06/2020)
1/31/2020Set/Reset Hearings as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin: Pretrial Conference set for 2/18/2020 at 03:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (ap) (Entered: 01/31/2020)
1/31/2020MEMO ENDORSEMENT as to Nyshiem Spencer (1), Lafone Eley (2), Stefvon Eley (3), Shalik Jenkins (4), Malik Tunstall (5), Price Tunstall (6), Nasir Vincent (7), Allan Gonzalez (8), Jonell Danforth (9), Elijah Burt (10), Ashanae McLaughlin (11) granting 27 CONSENT LETTER MOTION addressed to Judge Analisa Torres from Justin V. Rodriguez dated January 31, 2020 re: Scheduling of Initial Conference and Exclusion of Time. ENDORSEMENT: GRANTED. The parties shall appear for an initial pretrial conference on February 18, 2020, at 3:00 p.m. in Courtroom 15D. Additionally, defense counsel shall notify chambersby February 10, 2020 if interpretation services will be required. It is further ORDERED that the time until February 18, 2020 is prospectively excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), because the ends of justice served by excluding such time outweigh the interests of the public and Defendants in a speedy trial in that this will allow time for defense counsel to procure hard drives and provide them to the Government, for the parties to reach agreement on a protective order, and for defense counsel to begin reviewing discovery. (Signed by Judge Analisa Torres on 1/31/2020) (ap) (Entered: 01/31/2020)
1/31/2020CONSENT LETTER MOTION addressed to Judge Analisa Torres from Justin V. Rodriguez dated January 31, 2020 re: Scheduling of Initial Conference and Exclusion of Time . Document filed by USA as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. (Rodriguez, Justin) (Entered: 01/31/2020)
1/30/2020Attorney update in case as to Price Tunstall. Attorney Bennett M. Epstein for Price Tunstall added. (jw) (Entered: 02/03/2020)
1/30/202029CJA 23 Financial Affidavit by Price Tunstall. (Signed by Magistrate Judge James L. Cott) Attorney Bennett M. Epstein (jw) (Entered: 02/03/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott: Plea entered by Price Tunstall (6) Count 1,9 Not Guilty. (jw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance on disposition sheet as to Price Tunstall held on 1/30/2020. Deft present with atty Sarah Sacks by Bennett Epstein. AUSA Justin Rodriguez present. Agreed Conditions of release: $50,000 PRB, 2 FRP, Travel restricted to SDNY/EDNY, Surrender travel documents (& No new applications), Pretrial Supervision as directed by Pretrial Services, Drug testing/treatment as directed by PTS, Electronic monitoring, GPS, Deft to continue or seek employment or defendant to continue or start education program, Deft not to possess firearm/destructive device/other weapon, Deft to be detained until all conditions are met. Refrain from contact with co-defendants apart from his brother, unless in presence of counsel, Defendant or his brother, but not both, may reside at the family home on Taylor Avenue in the Bronx and the other must reside elsewhere, defense counsel to report to the government and to PTS the identity of the other residence to the Government and PTS no later than February 6 (jw) (Entered: 01/31/2020)
1/30/2020Attorney update in case as to Stefvon Eley. Attorney David Touger for Stefvon Eley added. (jw) (Entered: 01/31/2020)
1/30/202025CJA 23 Financial Affidavit by Stefvon Eley. (Signed by Magistrate Judge James L. Cott) Attorney David Touger (jw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott:Arraignment on disposition sheet as to Stefvon Eley (3) Count 1,4,5,6,7 held on 1/30/2020. Deft present with atty David Touger. AUSA Justin Rodriguez present. Deft arraigned and pleads not guilty. (jw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance on disposition sheet as to Stefvon Eley held on 1/30/2020. Deft present with atty David Touger. AUSA Justin Rodriguez present. Detention on consent without prejudice. (jw) (Entered: 01/31/2020)
1/30/2020Attorney update in case as to Malik Tunstall. Attorney Kenneth Jamal Montgomery for Malik Tunstall added. (jw) (Entered: 01/31/2020)
1/30/202023CJA 23 Financial Affidavit by Malik Tunstall. (Signed by Magistrate Judge James L. Cott)Attorney Kenneth J. Montgomery (jw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance on disposition sheet as to Malik Tunstall held on 1/30/2020. Deft present with atty Ken Montgomery. AUSA Justin Rodriguez present. Agreed Conditions of release: $50,000 PRB, 2 FRP, Travel restricted to SDNY/EDNY, Surrender travel documents (& No new applications), Pretrial Supervision as directed by pretrial services, Drug testing/treatment as directed by PTS, Home detention, Electronic monitoring, GPS, Deft to continue or seek employment, Deft to continue or start education program, Deft not to possess firearm/destructive device/other weapon, Deft to be detained until all conditions are met. Refrain from contact with co-defendants, apart from his brother, unless in presence of counsel. Defendant or his brother, but not both, may reside at the family home on Taylor Avenue in the Bronx and the other must reside elsewhere; defense counsel to report to the government and to PTS the identity of the other residence to the Government and PTS no later than February 6 (jw) (Entered: 01/31/2020)
1/30/2020Attorney update in case as to Allan Gonzalez. Attorney Jill R. Shellow for Allan Gonzalez added. (jw) (Entered: 01/31/2020)
1/30/202021CJA 23 Financial Affidavit by Allan Gonzalez. (Signed by Magistrate Judge James L. Cott) Attorney Jill R. Shellow (jw) (Entered: 01/31/2020)
1/30/2020Attorney update in case as to Nasir Vincent. Attorney Donna Rita Newman for Nasir Vincent added. (jw) (Entered: 01/31/2020)
1/30/202020CJA 23 Financial Affidavit by Nasir Vincent. (Signed by Magistrate Judge James L. Cott) Attorney Donna R. Newman (jw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott: Plea entered by Nasir Vincent (7) Count 1,8,9 Not Guilty. (jw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott:Arraignment on disposition sheet as to Nasir Vincent (7) Count 1,8,9 held on 1/30/2020. Deft present with atty Donna Newman. AUSA Justin Rodriguez present. Deft arraigned and pleads not guilty. (jw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance on disposition sheet as to Nasir Vincent held on 1/30/2020. Deft present with atty Donna Newman. AUSA Justin Rodriguez present. Detention: Risk of Danger. Defendant cannot overcome the presumption of detention for the reasons set forth on the record. (jw) (Entered: 01/31/2020)
1/30/2020Attorney update in case as to Jonell Danforth. Attorney Daniel Adam McGuinness for Jonell Danforth added. (jw) (Entered: 01/31/2020)
1/30/202018CJA 23 Financial Affidavit by Jonell Danforth. (Signed by Magistrate Judge James L. Cott) Attorney Daniel McGuinness (jw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott:Arraignment on disposition sheet as to Jonell Danforth (9) Count 1,8,9 held on 1/30/2020. Deft present with atty Daniel McGuinness. AUSA Justin Rodriguez present. Deft arraigned and pleads not guilty. (jw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance on disposition sheet as to Jonell Danforth held on 1/30/2020. Deft present with atty Daniel McGuinness. AUSA Justin Rodriguez present. Detention on consent without prejudice. (jw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott: Arraignment as to Allan Gonzalez (8) Count 1,9 held on 1/30/2020. Plea entered by Allan Gonzalez (8) Count 1,9 -- Not Guilty. (bw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott: Initial Appearance as to (20-Cr-78-08) Allan Gonzalez held on 1/30/2020. AUSA Justin Rodriguez. Defense Counsel Jill Shellow (CJA). Proceeding: Rule 9. BAIL DISPOSITION: $50,000 PRB; 2 FRP; Travel restricted to SDNY/EDNY; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Drug testing/treatment as directed by PTS; Home detention; Electronic monitoring; GPS; Defendant to continue or seek employment [OR] Defendant to continue or start education program; Defendant not to possess firearm/destructive device/other weapon; Defendant to be detained until all conditions are met; Remaining conditions to be met by 2/7/2020(See *). Maintain residence and not relocate without prior approval of PTS. No contact with co-defendants unless in the presence of counsel. (*)PTS to conduct home visit within 24 hours. Defendant may be released tomorrow assuming home visit raises no issues. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty (bw) (Entered: 01/31/2020)
1/30/2020Attorney update in case as to Elijah Burt. Attorney Christine Delince for Elijah Burt added. (jw) (Entered: 01/31/2020)
1/30/202015CJA 23 Financial Affidavit by Elijah Burt. (Signed by Magistrate Judge James L. Cott) Attorney Christine Delince (jw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott: Plea entered by Elijah Burt (10) Count 1,8 Not Guilty. (jw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott:Arraignment on disposition sheet as to Elijah Burt (10) Count 1,8 held on 1/30/2020. Deft present with atty Christine Delince. AUSA Justin Rodriguez present. Deft arraigned and pleads not guilty. (jw) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance on disposition sheet as to Elijah Burt held on 1/30/2020. Deft present with atty Christine Delince. AUSA Justin Rodriguez present. Detention on consent without prejudice. (jw) (Entered: 01/31/2020)
1/30/2020Arrest of Allan Gonzalez (8). (bw) (Entered: 01/31/2020)
1/30/2020Case as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin ASSIGNED to Judge Analisa Torres. (jm) (Entered: 01/30/2020)
1/30/2020Attorney update in case as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. Attorney Justin Victor Rodriguez for USA added. (jm) (Entered: 01/30/2020)
1/30/2020Case Designated ECF as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. (jm) (Entered: 01/30/2020)
1/30/2020INDICTMENT UNSEALED as to Nyshiem Spencer, Lafone Eley, Stefvon Eley, Shalik Jenkins, Malik Tunstall, Price Tunstall, Nasir Vincent, Allan Gonzalez, Jonell Danforth, Elijah Burt, Ashanae McLaughlin. (jm) (Entered: 01/30/2020)
1/30/2020Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4, Sealed Defendant 5, Sealed Defendant 6, Sealed Defendant 7, Sealed Defendant 8, Sealed Defendant 9, Sealed Defendant 10, Sealed Defendant 11. (Signed by Magistrate Judge James L. Cott on 1/30/20)(jm) (Entered: 01/30/2020)
1/28/2020SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 9, Sealed Defendant 2 (2) count(s) 1, 2, 3, Sealed Defendant 3 (3) count(s) 1, 4, 5, 6, 7, Sealed Defendant 4 (4) count(s) 1, 9, Sealed Defendant 5 (5) count(s) 1, 9, Sealed Defendant 6 (6) count(s) 1, 9, Sealed Defendant 7 (7) count(s) 1, 8, 9, Sealed Defendant 8 (8) count(s) 1, 9, Sealed Defendant 9 (9) count(s) 1, 8, 9, Sealed Defendant 10 (10) count(s) 1, 8, Sealed Defendant 11 (11) count(s) 1, 10, 11. (jm) (Entered: 01/30/2020)