USA v. Gamoneda

1:20-cr-00109 | New York Southern District Court

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Judge Judge John G. Koeltl
Last Updated: 1 year, 3 months ago Show Interactive Timeline
Filing Date # Docket Text
12/21/2023
  • OrderGranted
ORDER GRANTING REDUCTION IN SENTENCE as to Marvin Gamoneda: IT IS THEREFORE ORDERED that Gamoneda's term of imprisonment is hereby reduced, pursuant to 18 U.S.C. § 3582(c)(l)(A), to the time he has already served; and IT IS FURTHER ORDERED that Gamoneda shall be released from the custody of the Federal Bureau of Prisons as soon as his medical condition permits, the release plan described in the Government's motion is implemented, and all necessary arrangements can be made; and IT IS FURTHER ORDERED that upon Gamoneda's release from the custody of the Federal Bureau of Prisons, Gamoneda shall begin serving the three-year term of supervised release previously imposed by this Court on the same conditions imposed in the judgment of conviction, except to the extent Gamoneda is unable to comply with any such condition by virtue of his medical condition. (Signed by Judge John G. Koeltl on 12/21/2023) (lnl) (Entered: 12/21/2023)
12/21/2023
  • Motion
MOTION to Reduce Sentence Pursuant to 18 U.S.C. 3582(c)(1)(A)(i) - Request for Compassionate Release on Behalf of the Director of the Bureau of Prisons. Document filed by USA as to Marvin Gamoneda. (Attachments: # 1 Exhibit - Proposed Order)(Fiddelman, Jacob) (Entered: 12/21/2023)
11/6/2023MEMORANDUM OPINION ANDORDER as to Marvin Gamoneda. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the reasons explained above, the motion, filed under 28 U.S.C. § 2255, is denied. Because the motion makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies under 28 U.S.C. § 1915(a) (3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk is directed to close ECF No. 120 in 20-cr-109. The Clerk is also directed to close 22-cv-6090. The Clerk is requested to mail a copy of this Memorandum Opinion and Order to the prose petitioner and to note service on the docket of the Court. (Signed by Judge John G. Koeltl on 11/6/2023) (See ORDER set forth) (Copy mailed on 11/7/2023 to Defendant at: MARVIN GAMONEDA, Reg. No. 76414-054, FCI Schuylkill, FEDERAL CORRECTIONAL INSTITUTION, P.O. BOX 759, MINERSVILLE, PA 17954) (ap) (Entered: 11/07/2023)
9/8/2023
  • Order
ORDER as to Marvin Gamoneda. On July 10, 2023, this Court entered an order setting a deadline of August 10, 2023 for the defendant's reply in support of his 28 U.S.C. § 2255 motion. ECF No. 129. The defendant has since submitted a letter requesting an extension of time. ECF No. 130. The defendant's request for an extension of time to file his reply is granted. The defendant's reply in support of his 28 U.S.C. § 2255 motion is due on October 13, 2023 (Defendant Replies due by 10/13/2023.) [**The Clerk will mail this Order to defendant Marvin Gamoneda, Reg. No. 76414-054, FCI Schuylkill, FEDERAL CORRECTIONAL INSTITUTION, P.O. BOX 759, MINERSVILLE, PA 17954**] (Signed by Judge John G. Koeltl on 9/8/2023)(jw) (Entered: 09/08/2023)
8/15/2023LETTER by (20-Cr-109-1) Marvin Gamoneda, not dated re: I'm sorry for the lateness I've been having problems with my health as the prison as well. I'm asking for more time. Sorry for the bother but I need more time. I lost some papers sorry but I don't remember my case number. (bw) (Entered: 08/16/2023)
7/10/2023NOTICE OF MAILING as to (20-Cr-109-1) Marvin Gamoneda. RE: [129] ORDER. On 7/10/2023, the Clerk of the Court has mailed a copy of this Order to: Marvin Gamoneda, Reg. No. 76414-054, FCI Schuylkill, FEDERAL CORRECTIONAL INSTITUTION, P.O. BOX 759, MINERSVILLE, PA 17954. (bw) (Entered: 07/10/2023)
7/10/2023
  • Order
ORDER as to (20-Cr-109-1) Marvin Gamoneda. The defendant may reply to the Government's opposition to the defendant's motion to vacate by August 10, 2023. The Clerk is directed to mail a copy of this Order to the defendant and to note such mailing on the docket. SO ORDERED: ( Replies due by 8/10/2023. )(Signed by Judge John G. Koeltl on 7/10/2023)(bw) (Entered: 07/10/2023)
2/27/2023MEMORANDUM in Opposition by USA as to Marvin Gamoneda re 120 MOTION to Vacate under 28 U.S.C. 2255. (Fiddelman, Jacob) (Entered: 02/27/2023)
2/24/2023AFFIDAVIT of Kenneth J. Montgomery in Opposition as to Marvin Gamoneda (Montgomery, Kenneth) (Entered: 02/24/2023)
12/14/2022 LETTER by USA as to Marvin Gamoneda addressed to Judge John G. Koeltl from Andrew K. Chan dated December 14, 2022 re: Schedule for Filing Government's Opposition to Defendant Marvin Gamoneda's 2255 Motion Document filed by USA. (Chan, Andrew) (Entered: 12/14/2022)
12/6/2022 Attorney-Client Privilege Waiver (Informed Consent) as to Marvin Gamoneda. (jw) (Entered: 12/07/2022)
11/11/2022
  • Order
ORDER as to Marvin Gamoneda. The Clerk of Court is respectfully directed to mail a copy of this Court's Order regarding the Attorney-Client Privilege Waiver, signed and dated November 11, 2022, to the 28 U.S.C. � 2255 movant Marvin Gamoneda and to note such mailing on the docket. SO ORDERED [**The Clerk will mail this Order regarding the Atty-Client Privilege Waiver to defendant Marvin Gamoneda at the address: Register Number: 76414-054, P.O. BOX 759, FCI Schuylkill, FEDERAL CORRECTIONAL INSTITUTION, MINERSVILLE, PA 17954**] (Signed by Judge John G. Koeltl on 11/11/2022)(jw) (Entered: 11/14/2022)
11/11/2022
  • Order
ORDER re: Attorney-Client Privilege Waiver (Informed Consent) as to Marvin Gamoneda re: 122 IT IS HEREBY ORDERED that Counsel shall give sworn testimony, in the form of an affidavit or affirmation, addressing the allegations of ineffective assistance of counsel made by movant; and it is further ORDERED that Petitioner-Defendant Marvin Gamoneda execute and return to this court within 45 days from today's date the accompanying "Attorney-Client Privilege Waiver (Informed Consent)" form. If the document is not received by the court within 45 days from today's date, the court will deny the � 2255 motion, on the ground that the movant failed to authorize the disclosure of information needed to permit the Government to respond to the motion; and it is further ORDERED that the Government shall be permitted 90 days from the receipt of said executed "Attorney-Client Privilege Waiver (Informed Consent)" form to obtain sworn testimony from Counsel and file its opposition and any additional supporting papers with this Court. (Signed by Judge John G. Koeltl on 11/11/2022)(jw) (Entered: 11/14/2022)
11/10/2022 LETTER by USA as to Marvin Gamoneda addressed to Judge John G. Koeltl from Andrew K. Chan dated November 10, 2022 re: Waiver of Attorney-Client Privilege for Defendant Marvin Gamoneda Document filed by USA. (Attachments: # 1 Text of Proposed Order Proposed Order for Waiver of Attorney-Client Privilege)(Chan, Andrew) (Entered: 11/10/2022)
11/10/2022
  • Order
ORDER as to Marvin Gamoneda: In an Order docketed on August 1, 2022, the Court directed the Criminal Division of the U.S. Attorney's Office for the Southern District of New York to file an answer or other pleading in response to the movant Marvin Gamoneda's 28 U.S.C. � 2255 motion within 60 days of the date of that Order. See ECF No. 3. To date, no such answer or response has been filed. The time for the Government to answer or otherwise respond to the motion is extended to January 9, 2023. The movant shall have 30 days from the date on which the movant is served with the Government's answer or response to file a reply. All further papers filed or submitted for filing must include the docket number for the underlying criminal proceeding, United States v. Marvin Gamoneda, No. 20-cr-109, and will be docketed in the criminal case. The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. The Clerk is also directed to docket a copy of this Order on the related criminal docket, No. 20-cr-109, and to mail a copy of this Order to the movant and note such mailing on the docket. (Responses due by 1/9/2023) (Signed by Judge John G. Koeltl on 11/9/2022) (Copy mailed to Defendant at: MARVIN GAMONEDA, Register Number: 76414-054, FCI Schuylkill, FEDERAL CORRECTIONAL INSTITUTION, P.O. BOX 759, MINERSVILLE, PA 17954) (ap) (Entered: 11/10/2022)
7/15/2022 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Marvin Gamoneda. (rdz)
Civil case 1:22-cv-06090 opened. (Entered: 07/18/2022)
5/12/2022
  • Motion for Judgment
AMENDED JUDGMENT IN A CRIMINAL CASE as to Luilly Fernandez (2). Date of Original Judgment: 2/8/2022. The defendant is adjudicated guilty of these offenses: 18 USC 924(c)(1)(A)(i) Possession and Use of a Firearm in Furtherance of a Drug Trafficking crime and 2(*). (Signed by Judge John G. Koeltl on 5/10/2022) (ap) (Entered: 05/12/2022)
5/3/2022 LETTER by USA as to Luilly Fernandez addressed to Judge John G. Koeltl from Andrew K. Chan dated May 3, 2022 re: Request for Correction of Clerical Error in Judgment for Defendant Luilly Fernandez Document filed by USA. (Chan, Andrew) (Entered: 05/03/2022)
2/28/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Luilly Fernandez. Notice is hereby given that an official transcript of a Conference proceeding held on 2/3/22 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: 02/28/2022)
2/28/2022TRANSCRIPT of Proceedings as to Luilly Fernandez re: Conference held on 2/3/22 before Judge John G. Koeltl. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/21/2022. Redacted Transcript Deadline set for 3/31/2022. Release of Transcript Restriction set for 5/31/2022. (Moya, Goretti) (Entered: 02/28/2022)
2/23/2022Sealed Document, Sealed Document
2/16/2022
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Luilly Fernandez (2). The Defendant pleaded guilty to count six of the indictment. All open counts are dismissed on the motion of the United States. IMPRISONMENT: 60 Months. SUPERVISED RELEASE: 2 Years. ASSESSMENT: $100.00 due immediately. (Signed by Judge John G. Koeltl on 2/8/2022) (lnl) (Entered: 02/16/2022)
2/3/2022DISMISSAL OF COUNTS on Government Motion as to Luilly Fernandez (2) Count 1,2,3,4,5.. (jbo) (Entered: 02/03/2022)
2/3/2022Minute Entry for proceedings held before Judge John G. Koeltl: Sentencing held on 2/3/2022 for Luilly Fernandez (2) Count 6. Deft Fernandez pres w/atty Sarah Sacks. AUSA Andrew Chan. Reporter Michael McDaniel. Deft sentenced to 60 months imprisonment on Count 6; 2 years supervised release; all open counts dismissed on Gov't motion. (jbo) (Entered: 02/03/2022)
1/21/2022Minute Entry for proceedings held before Judge John G. Koeltl: As to Luilly Fernandez: Sentencing, in-person, set for 1/26/2022 at 10:30 AM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie) (Entered: 01/21/2022)
1/18/2022Sentencing Letter by USA as to Luilly Fernandez addressed to Judge John G. Koeltl from Andrew K. Chan dated January 18, 2022 re: Government's Sentencing Recommendation for Defendant Luilly Fernandez. (Chan, Andrew) (Entered: 01/18/2022)
12/2/2021
  • Order
MEMO ENDORSEMENT as to Luilly Fernandez on re: 110 LETTER by USA as to Luilly Fernandez addressed to Judge John G. Koeltl from Andrew K. Chan dated December 1, 2021 re: Request for Adjournment of Sentencing for Defendant Luilly Fernandez. ENDORSEMENT: Adjourned to Wednesday, January 26, 2022, at 9:00 AM. SO ORDERED. (Sentencing set for 1/26/2022 at 09:00 AM before Judge John G. Koeltl) (Signed by Judge John G. Koeltl on 12/2/2021) (ap) (Entered: 12/03/2021)
12/1/2021 LETTER by USA as to Luilly Fernandez addressed to Judge John G. Koeltl from Andrew K. Chan dated December 1, 2021 re: Request for Adjournment of Sentencing for Defendant Luilly Fernandez Document filed by USA. (Chan, Andrew) (Entered: 12/01/2021)
11/18/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Marvin Gamoneda. Notice is hereby given that an official transcript of a Conference proceeding held on 3/15/21 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: 11/18/2021)
11/18/2021TRANSCRIPT of Proceedings as to Marvin Gamoneda re: Conference held on 3/15/21 before Judge John G. Koeltl. 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 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)
11/10/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Marvin Gamoneda. Notice is hereby given that an official transcript of a Conference proceeding held on 10/14/21 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: 11/10/2021)
11/10/2021TRANSCRIPT of Proceedings as to Marvin Gamoneda re: Conference held on 10/14/21 before Judge John G. Koeltl. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/1/2021. Redacted Transcript Deadline set for 12/13/2021. Release of Transcript Restriction set for 2/8/2022. (Moya, Goretti) (Entered: 11/10/2021)
10/24/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Luilly Fernandez. Notice is hereby given that an official transcript of a Conference proceeding held on 9/23/21 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: 10/24/2021)
10/24/2021TRANSCRIPT of Proceedings as to Luilly Fernandez re: Conference held on 9/23/21 before Judge John G. Koeltl. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/15/2021. Redacted Transcript Deadline set for 11/24/2021. Release of Transcript Restriction set for 1/22/2022. (Moya, Goretti) (Entered: 10/24/2021)
10/21/2021Sealed Document, Sealed Document
10/20/2021
  • Motion for Judgment
JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 10/14/2021. Defendant Marvin Gamoneda (1) pleaded guilty to Count(s) 3 and 4 of the Indictment. Count(s) All open are dismissed on the motion of the United States. IMPRISONMENT: 156 months. The sentence shall run as follows: 96 months on Count 3 and 60 months on Count 4, to run consecutively to the sentence in Count 3. - The court makes the following recommendations to the Bureau of Prisons: That the defendant be incarcerated in the New York City area, so that he may be close to his family. SUPERVISED RELEASE: 3 years, to run concurrently on Counts 3 and 4. --The defendant shall comply with the standard conditions of supervised release in this district. --The defendant will participate in an outpatient treatment program approved by the Probation Office, which program may include testing to determine if the defendant has reverted to the use of drugs or alcohol. The defendant must contribute to the costs of services rendered, based on ability to pay and availability of third-party payments. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence investigation report, to the substance abuse treatment provider. --The defendant shall submit his person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States probation officer, and if needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to a search may be grounds for revocation of supervised release. The defendant shall warn any other occupants that the premises may be subject to search, pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner. --The defendant shall not associate with or interact in any way, including through social media websites, with any gang members of associates, particularly members and associates of any Woodycrime gang or frequent neighborhoods or turf known to be controlled by the Woodycrime gang. --The defendant shall participate in vocational and educational courses to better prepare him for future employment opportunities. Standard Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $200.00. Special instructions regarding the payment of criminal monetary penalties: --The special assessment shall be due immediately. (Signed by Judge John G. Koeltl on 10/18/2021)(bw) (Entered: 10/21/2021)
10/15/2021Sentencing
10/14/2021DISMISSAL OF COUNTS on Government Motion as to Marvin Gamoneda (1) Count 1,2,5,6,7. (bw) (Entered: 10/21/2021)
10/14/2021Minute Entry for proceedings held before Judge John G. Koeltl: Sentencing held on 10/14/2021 for Marvin Gamoneda (1) Count 3,4. Deft Gamoneda pres w/atty Kenneth Montgomery. AUSA Andrew Chan. Reporter Khris Sellin. Deft sentenced to 156 months (96 months count 3 and 60 months count 4; consecutively). 3 years supervised release. (jbo) (Entered: 10/15/2021)
10/12/2021SENTENCING SUBMISSION by Marvin Gamoneda. (Attachments: # 1 Supplement, # 2 Supplement)(Montgomery, Kenneth) (Entered: 10/12/2021)
10/8/2021
  • Order
ORDER as to Marvin Gamoneda. The Court has received the attached letter in connection with sentencing in this case. SO ORDERED. (Signed by Judge John G. Koeltl on 10/8/21) (jbo) (Entered: 10/08/2021)
10/7/2021Minute Entry for proceedings held before Judge John G. Koeltl: As to Marvin Gamoneda: Sentencing set for 10/14/2021 at 11:30 AM, in-person, in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. Public dial-in option: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 10/07/2021)
10/5/2021
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from Kenneth J. Montgomery dated October 5, 2021 re: Supplenmental Sentencing documents . Document filed by Marvin Gamoneda. (Attachments: # 1 Supplement)(Montgomery, Kenneth) (Entered: 10/05/2021)
9/24/2021Sentencing Letter by USA as to Marvin Gamoneda addressed to Judge John G. Koeltl from Andrew K. Chan dated September 24, 2021 re: Government's Sentencing Recommendation for Defendant Marvin Gamoneda. (Chan, Andrew) (Entered: 09/24/2021)
9/23/2021
  • Order
MEMO ENDORSEMENT as to Marvin Gamoneda on re: 95 LETTER by USA as to Marvin Gamoneda addressed to Judge John G. Koeltl from Andrew K. Chan dated September 23, 2021 re: Request for Adjournment of Sentencing for Defendant Marvin Gamoneda. MEMO ENDORSEMENT: Adjourned to Thursday, October 14, 2021, at 11:30 AM. SO ORDERED. (Sentencing set for 10/14/2021 at 11:30 AM before Judge John G. Koeltl) (Signed by Judge John G. Koeltl on 9/23/2021) (ap) (Entered: 09/24/2021)
9/23/2021 LETTER by USA as to Marvin Gamoneda addressed to Judge John G. Koeltl from Andrew K. Chan dated September 23, 2021 re: Request for Adjournment of Sentencing for Defendant Marvin Gamoneda Document filed by USA. (Chan, Andrew) (Entered: 09/23/2021)
9/23/2021
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Luilly Fernandez. (Signed by Judge John G. Koeltl on 9/23/21)(jbo) (Entered: 09/23/2021)
9/23/2021Change of Not Guilty Plea to Guilty Plea as to Luilly Fernandez (2) Count 6. (jbo) (Entered: 09/23/2021)
9/23/2021Minute Entry for proceedings held before Judge John G. Koeltl: Plea entered by Luilly Fernandez (2) Guilty as to Count 6. (jbo) (Entered: 09/23/2021)
9/23/2021Minute Entry for proceedings held before Judge John G. Koeltl: Change of Plea Hearing as to Luilly Fernandez held on 9/23/2021. Deft Fernandez pres w/atty Sarah Sacks. AUSA Andrew Chan. Reporter Carol Ganley. Deft Fernandez changes plea of not guilty and enters plea of guilty to Count Six of the indictment. Sentence date 12/14/2021 at 10:00am. PSI ordered. Deft cont'd detained. (Sentencing set for 12/14/2021 at 10:00 AM before Judge John G. Koeltl.) (jbo) (Entered: 09/23/2021)
9/23/2021Minute Entry for proceedings held before Judge John G. Koeltl: As to Luilly Fernandez: Change of Plea Hearing set for 9/23/2021 at 01:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. Public Dial-in option: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 09/23/2021)
9/23/2021SENTENCING SUBMISSION by Marvin Gamoneda. (Attachments: # 1 Supplement)(Montgomery, Kenneth) (Entered: 09/23/2021)
9/15/2021SENTENCING SUBMISSION by Marvin Gamoneda. (Montgomery, Kenneth) (Entered: 09/15/2021)
9/1/2021
  • Order
MEMO ENDORSEMENT as to Marvin Gamoneda on re: 91 LETTER MOTION addressed to Judge John G. Koeltl from Kenneth J. Montgomery dated August 31, 2021 re: Sentencing adjournment...ENDORSEMENT...Adjourned to October 6, 2021 at 10:00am (Sentencing set for 10/6/2021 at 10:00 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 9/1/21)(jw) (Entered: 09/01/2021)
8/30/2021
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from Kenneth J. Montgomery dated August 31, 2021 re: Sentencing adjournment . Document filed by Marvin Gamoneda. (Montgomery, Kenneth) (Entered: 08/30/2021)
7/29/2021Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference as to Luilly Fernandez held on 7/29/2021. Deft Fernandez pres w/atty Sarah Sacks. AUSA Jacob Fiddelman. Reporter Rebecca Foreman. Status Conference. Adjourned to 9/23/2021 at 11:00am. Time excluded from 7/29/2021 to 9/23/2021. Deft Fernandez cont'd detained. (jbo) (Entered: 07/29/2021)
7/29/2021
  • Order
ORDER as to Luilly Fernandez: The parties are directed to appear for another conference on September 23, 2021 at 11:00 a.m. Because a continuance is needed to allow the parties to discuss a disposition short of trial, and to assure the effective assistance of counsel, the Court prospectively excludes the time from today, July 29, 2021, until September 23, 2021, from Speedy Trial Act calculations. The Court finds that the ends of justice served by granting the continuance outweigh the best interest of the defendant and the public in a speedy trial. This Order is entered pursuant to 18 U.S.C. � 3161 (h)(7)(A). SO ORDERED. (Status Conference set for 9/23/2021 at 11:00 AM before Judge John G. Koeltl) (Time excluded from 7/29/2021 until 9/23/2021) (Signed by Judge John G. Koeltl on 7/29/2021) (lnl) (Entered: 07/29/2021)
7/29/2021Minute Entry for proceedings held before Judge John G. Koeltl: As to Luilly Fernandez: Status Conference set for 7/29/2021 at 12:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 07/29/2021)
7/19/2021Minute Entry for proceedings held before Judge John G. Koeltl: As to Luilly Fernandez: Status Conference set for 7/30/2021 advanced to 7/29/2021 at 12:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 07/19/2021)
7/8/2021Set/Reset Hearings as to Marvin Gamoneda: Sentencing set for 9/17/2021 at 09:00 AM before Judge John G. Koeltl. (ap) (Entered: 07/08/2021)
7/8/2021
  • Order
MEMO ENDORSEMENT as to Marvin Gamoneda (1) on 88 LETTER MOTION addressed to Judge John G. Koeltl from Kenneth J. Montgomery Esq dated July 6, 2021 re: Sentencing Adjournment. ENDORSEMENT: Adjourned to Friday, September 17, 2021, at 9:00 A.M. (Signed by Judge John G. Koeltl on 7/8/2021) (ap) (Entered: 07/08/2021)
7/6/2021
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from Kenneth J. Montgomery Esq dated July 6, 2021 re: Sentencing Adjournment . Document filed by Marvin Gamoneda. (Montgomery, Kenneth) (Entered: 07/06/2021)
6/24/2021SPEEDY TRIAL ORDER as to Luilly Fernandez: The parties are directed to appear for a conference on Friday, July 30, 2021, at 9:00am, before the Honorable John G. Koeltl. The Court prospectively excludes the time from today until July 30, 2021 in calculating the speedy trial date under 18 U.S.C. 3161 in order to assure effective assistance of counsel and because the ends of justice served by ordering such a continuance outweigh the best interest of the public and the defendant in a speedy trial pursuant to 18 U.S.C. � 3161(h)(7)(A). SO ORDERED. (Status Conference set for 7/30/2021 at 09:00 AM before Judge John G. Koeltl) (Time excluded from 6/24/2021 until 7/30/2021) (Signed by Judge John G. Koeltl on 6/24/2021) (lnl) (Entered: 06/24/2021)
6/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Luilly Fernandez. Notice is hereby given that an official transcript of a Conference proceeding held on 5/3/21 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: 06/23/2021)
6/23/2021TRANSCRIPT of Proceedings as to Luilly Fernandez re: Conference held on 5/3/21 before Judge John G. Koeltl. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/21/2021. (McGuirk, Kelly) (Entered: 06/23/2021)
6/22/2021
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from Sarah M. Sacks dated June 22, 2021 re: adjourn status conference . Document filed by Luilly Fernandez. (Sacks, Sarah) (Entered: 06/22/2021)
5/17/2021Sealed Document, Sealed Document
5/4/2021Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference as to Luilly Fernandez held on 5/4/2021. Deft Fernandez pres w/atty Sarah Sacks. AUSAs Jacob Fiddelman and Andrew Chan. Status Conference. Adjourned to 7/9/2021 at 9:00am. Time excluded from 5/3/2021 to 7/9/2021. Deft cont'd detained. (Pretrial Conference set for 7/9/2021 at 09:00 AM before Judge John G. Koeltl) (Court Reporter Rebecca Forman) (ap) (Entered: 05/04/2021)
5/3/2021CONSENT TO PROCEED BY TELECONFERENCE as to Luilly Fernandez. (Signed by Judge John G. Koeltl on 5/3/2021) (ap) (Entered: 05/03/2021)
5/3/2021
  • Order
ORDER as to Luilly Fernandez. As discussed at the teleconference held today, the next conference is scheduled for July 9, 2021 at 9 a.m. Because a continuance is needed to assure the effective assistance of counsel and to allow the parties the opportunity to discuss a disposition short of trial, the Court prospectively excludes the time from today, May 3, 2021, until July 9, 2021, from Speedy Trial Act calculations( Status Conference set for 7/9/2021 at 09:00 AM before Judge John G. Koeltl.) Time excluded from 5/3/21 until 7/9/21. (Signed by Judge John G. Koeltl on 5/3/21)(jw) (Entered: 05/03/2021)
4/30/2021Minute Entry for proceedings held before Judge John G. Koeltl: As to Luilly Fernandez. Status Conference set for 5/3/2021 at 09:00 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 04/30/2021)
4/23/2021
  • Order
ORDER as to Luilly Fernandez: The case involving Luilly Fernandez is scheduled for a status conference on May 3, 2021. The May 11, 2021 trial involving Mr. Fernandez is adjourned sine die pending developments at the next status conference. SO ORDERED. (Signed by Judge John G. Koeltl on 4/23/2021)(Jury Trial Terminated) (lnl) (Entered: 04/23/2021)
3/15/2021
  • Order
ORDER as to Luilly Fernandez. The case against Luilly Fernandez is severed from the case against Marvin Gamoneda. The schedule with respect to Marvin Gamoneda remains unchanged. The Court will hold a status conference for the case against Luilly Fernandez on May 3, 2021 at 9:00 a.m. (Status Conference set for 5/3/2021 at 09:00 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 3/15/21)(jw) (Entered: 03/15/2021)
3/15/2021
  • Order
Oral Order of Referral to Probation for Presentence Investigation and Report as to Marvin Gamoneda. (Signed by Judge Richard J. Sullivan on 3/15/2021) (lnl) (Entered: 03/15/2021)
3/15/2021Minute Entry for proceedings held before Judge John G. Koeltl: Change of Plea Hearing as to Marvin Gamoneda held on 3/15/2021. Deft Gamoneda pres w/atty Kenneth Montgomery. AUSA Andrew Chan. Reporter Steven Greenblum. Deft changes plea of not guilty and pleads guilty to Count 3 and lesser included offense of Count 4 of indictment. Sentence date7/30/2021 at 10:00am PSI ordered. Deft Gamoneda cont'd detained. (Sentencing set for 7/30/2021 at 10:00 AM before Judge John G. Koeltl) Plea entered by Marvin Gamoneda (1) Guilty as to Count 3, Marvin Gamoneda (1) Guilty of Lesser Offense as to Count 4. (lnl) (Entered: 03/15/2021)
3/15/2021Minute Entry for proceedings held before Judge John G. Koeltl: As to Marvin Gamoneda Plea Hearing set for 3/15/2021 at 02:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. Public Dial-in option: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 03/15/2021)
3/1/2021
  • Order
ORDER as to Marvin Gamoneda, Luilly Fernandez. Due to changes in the Court's trial calendar, the trial is rescheduled to begin on May 11, 2021. Accordingly, Rule 404(b) disclosures are due March 19, 2021. Motions in limine, requests to charge, and proposed voir dire are due April 2, 2021, and responses are due April 9, 2021. The final pretrial conference will be held on May 6, 2021 at 12 p.m. ( Motions due by 4/2/2021., Responses due by 4/9/2021, Pretrial Conference set for 5/6/2021 at 12:00 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 3/1/21)(jw) (Entered: 03/01/2021)
2/8/2021
  • Order
ORDER as to Marvin Gamoneda: The Government should report back to the Court within seven days on the medical treatment that the defendant is receiving at the MCC. SO ORDERED. (Signed by Judge John G. Koeltl on 2/8/2021) (lnl) (Entered: 02/08/2021)
2/8/2021
  • OrderDenied
ORDER as to Marvin Gamoneda: For the reasons explained above and in the original decision on April 10, 2020, the defendant's application for release pending trial is denied. SO ORDERED. (Signed by Judge John G. Koeltl on 2/8/2021) (See ORDER as set forth) (lnl) (Entered: 02/08/2021)
2/4/2021
  • Order
MEMO ENDORSEMENT as to Marvin Gamoneda on 71 LETTER MOTION addressed to Judge John G. Koeltl from Kenneth J. Montgomery esq dated February 3, 2021 re: request for adjournment. ENDORSEMENT: The conference is canceled. SO ORDERED. (Signed by Judge John G. Koeltl on 2/4/2021) (lnl) (Entered: 02/04/2021)
2/4/2021
  • Order
MEMO ENDORSEMENT as to Marvin Gamoneda, Luilly Fernandez granting 72 CONSENT LETTER MOTION addressed to Judge John G. Koeltl from USA dated Feb. 3, 2021 re: Request to cancel motions hearing. ENDORSEMENT: Application granted. The February 10, 2021 hearing is canceled. All other dates remain unchanged. SO ORDERED. (Signed by Judge John G. Koeltl on 2/4/2021) (lnl) (Entered: 02/04/2021)
2/3/2021CONSENT LETTER MOTION addressed to Judge John G. Koeltl from USA dated Feb. 3, 2021 re: Request to cancel motions hearing . Document filed by USA as to Marvin Gamoneda, Luilly Fernandez. (Fiddelman, Jacob) (Entered: 02/03/2021)
2/3/2021
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from Kenneth J. Montgomery esq dated Feruary 3, 2021 re: request for adjournment . Document filed by Marvin Gamoneda. (Montgomery, Kenneth) (Entered: 02/03/2021)
2/3/2021Minute Entry for proceedings held before Judge John G. Koeltl: As to Marvin Gamoneda, Luilly Fernandez. Motion Hearing set for 2/10/2021 at 10:30 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 02/03/2021)
1/27/2021Sealed Document, Sealed Document
1/26/2021
  • Order
ORDER as to Luilly Fernandez: The defendant, Luilly Fernandez, moved to suppress any and all statements he made to law enforcement agents on the date of his arrest. (ECF. No. 61.) The Government responded that, although a statement he made should not be suppressed, the Government does not intend to introduce any post-arrest statement by the defendant as part of its case-in-chief and therefore the application should be denied as moot. (ECF. No. 62.) The Government reserves the right to use such statement for impeachment purposes if the defendant chooses to testify at trial. See, e.g., United States v. Douglas, 525 F.3d 225, 247-49 (2d Cir. 2008). At this point, based on the Government's representation, the defendant's motion to suppress is denied as moot. The Government may not refer to any post-arrest statement of the defendant or seek to use any such statement at trial without first raising the issue with the Court outside the presence of the jury. The Clerk is directed to close ECF Docket No. 61. (Signed by Judge John G. Koeltl on 1/26/2021) (ap) (Entered: 01/26/2021)
1/26/2021
  • Order
ORDER as to Marvin Gamoneda: On January 5, 2021, the Government made an ex parte submission to the Court explaining why certain witness information with respect to one witness should only be disclosed to the defense 30 days before trial rather than 60 days, as the Government has agreed with respect to certain other witnesses. The ex parte submission shows good cause for delaying disclosure of the information with respect to the additional witness and also explains good cause for filing that information ex parte and under seal. The application is therefore granted. The Government may defer disclosing the information at issue until 30 days before trial and the Government's January 5, 2021 letter may be filed under seal. (Signed by Judge John G. Koeltl on 1/26/2021) (ap) (Entered: 01/26/2021)
1/25/2021 LETTER by USA as to Marvin Gamoneda addressed to Judge John G. Koeltl from Andrew K. Chan dated January 25, 2021 re: Government's Opposition to Defendant Marvin Gamoneda's Pro Se Motion for Reconsideration of Bail Document filed by USA. (Chan, Andrew) (Entered: 01/25/2021)
1/25/2021
  • Order
ORDER as to Marvin Gamoneda: The Court received the enclosed letter from the defendant. The defendant is again cautioned that he should submit letters to the Court only through his attorney. The Governmentshould respond to this communication, and the last communication, within ten (10) days. (Signed by Judge John G. Koeltl on 1/25/2021) (ap) (Entered: 01/25/2021)
1/22/2021
  • Order
MEMO ENDORSEMENT as to Marvin Gamoneda re: 63 Letter on Government's Request for Additional Time to Respond to Defendant Marvin Gamoneda's Pro Se Motion for Reconsideration of Bail...ENDORSEMENT: The court has received another letter from Mr. Gamoneda which I will send to all parties when it is able to do so. The government should respond to that letter and the sending letter within ten (10) days of receiving the more recent letter. So Ordered. (Signed by Judge John G. Koeltl on 1/22/21)(jbo) (Entered: 01/22/2021)
1/22/2021 LETTER by USA as to Marvin Gamoneda addressed to Judge John G. Koeltl from Andrew K. Chan dated January 22, 2021 re: Government's Request for Additional Time to Respond to Defendant Marvin Gamoneda's Pro Se Motion for Reconsideration of Bail Document filed by USA. (Chan, Andrew) (Entered: 01/22/2021)
1/15/2021LETTER RESPONSE to Motion by USA as to Luilly Fernandez addressed to Judge John G. Koeltl from AUSA Jacob R. Fiddelman dated Jan. 15, 2021 re: 61 LETTER MOTION addressed to Judge John G. Koeltl from Sarah M. Sacks dated January 8, 2021 re: motion to suppress statements .. (Fiddelman, Jacob) (Entered: 01/15/2021)
1/8/2021
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from Sarah M. Sacks dated January 8, 2021 re: motion to suppress statements . Document filed by Luilly Fernandez. (Attachments: # 1 Fernandez Declaration)(Sacks, Sarah) (Entered: 01/08/2021)
1/5/2021NOTICE of Ex Parte Submission as to Marvin Gamoneda, Luilly Fernandez (Fiddelman, Jacob) (Entered: 01/05/2021)
12/28/2020~Util - Set/Reset Deadlines/Hearings, Status Conference, Status Conference, ~Util - Set/Reset Deadlines/Hearings
12/23/2020Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference as to Marvin Gamoneda, Luilly Fernandez held on 12/23/2020. Deft Gamoneda pres w/atty Kenneth Montgomery. Deft Fernandez pres w/atty Sarah Sacks. Reporter Paula Speer. Status Conference (via phone). Hearing on motions 2/10/2021 at 9:00am. Final pretrial conference 5/26/2021 at 9:00am. Trial adjourned to 6/7/2021. Time excluded from 12/23/2020 to 6/7/2021. (Motion Hearing set for 2/10/2021 at 09:00 AM before Judge John G. Koeltl. Final Pretrial Conference set for 5/26/2021 at 09:00 AM before Judge John G. Koeltl.) (lnl) (Entered: 12/28/2020)
12/23/2020
  • Order
ORDER as to Marvin Gamoneda, Luilly Fernandez: As discussed at the teleconference held today, the next conference is scheduled for February 10, 2021, at 9 a.m. All pre-trial motions are due January 8, 2021, responses are due January 22, 2021, and replies are due January 29, 2021. Rule 404(b) disclosures are due March 26, 2021. Motions in limine, requests to charge, and proposed voir dire are due April 9, 2021, and responses are due April 16, 2021. The final pre-trial conference will be held on May 26, 2021 at 9 a.m. The trial date is Monday, June 7, 2021, at 9 a.m. Because a continuance is needed to assure the effective assistance of counsel and to provide defense counsel with sufficient time for trial preparation, the Court prospectively excludes the time from today, December 23, 2020, until June 7, 2021, from Speedy Trial Act calculations. The Court finds that the ends of justice served by granting the continuance outweigh the best interest of the defendants and the public in a speedy trial. This Order is entered pursuant to 18 U.S.C. � 3161(h)(7)(A). SO ORDERED. (Pre-trial Motions due by 1/8/2021. Responses due by 1/22/2021. Motions in Limine due by 4/9/2021. Responses due by 4/26/2021. Final Pretrial Conference set for 5/26/2021 at 09:00 AM before Judge John G. Koeltl. Jury Trial set for 6/7/2021 at 09:00 AM before Judge John G. Koeltl.) (Time excluded from 12/23/2020 until 6/7/2021) (Signed by Judge John G. Koeltl on 12/23/2020) (lnl) (Entered: 12/23/2020)
12/15/2020
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from Kenneth J. Montgomery dated December 15, 2020 re: Request to reschedule trial . Document filed by Marvin Gamoneda. (Montgomery, Kenneth) (Entered: 12/15/2020)
12/13/2020Minute Entry for proceedings held before Judge John G. Koeltl: As to Marvin Gamoneda, Luilly Fernandez Status Conference adjourned to 12/23/2020 at 09:00 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 12/13/2020)
12/11/2020
  • Order
ORDER as to Marvin Gamoneda, Luilly FernandezThis Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No 116-182, 134 Stat. 894 (Oct. 21, 2020), to confirm the Government's disclosure obligations under Brady v. Maryland, 373U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. (Signed by Judge John G. Koeltl on 12/11/2020) (See ORDER set forth)(ap) (Entered: 12/11/2020)
12/10/2020Minute Entry for proceedings held before Judge John G. Koeltl: As to Marvin Gamoneda, Luilly Fernandez Status Conference set for 12/14/2020 at 12:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 12/10/2020)
11/19/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Marvin Gamoneda. Notice is hereby given that an official transcript of a Conference proceeding held on 10/23/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 11/19/2020)
11/19/2020TRANSCRIPT of Proceedings as to Marvin Gamoneda re: Conference held on 10/23/20 before Judge John G. Koeltl. 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 12/10/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/17/2021. (Moya, Goretti) (Entered: 11/19/2020)
11/13/2020
  • Order
ORDER as to Marvin Gamoneda, Luilly Fernandez. As stated at the conference held today, November 13, 2020, the next conference will be held on December 11, 2020 at 9:00 a.m. SO ORDERED. (Signed by Judge John G. Koeltl on 11/13/2020)(bw) (Entered: 11/13/2020)
11/13/2020Attorney update in case as to Marvin Gamoneda (1). Attorney Kenneth Jamal Montgomery for Marvin Gamoneda added. Attorney Diane Ferrone and Gregory Robert Morvillo terminated. (bw) (Entered: 11/13/2020)
11/13/2020
  • Order
ORDER as to Marvin Gamoneda. It is hereby ordered that Kenneth Montgomery, Esq., be appointed as counsel for the defendant, Marvin Gamoneda, for all purposes, replacing Gregory Morvillo and Diane Ferrone. The appointment shall be nunc pro tunc as of October 23, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 11/13/2020)(bw) (Entered: 11/13/2020)
11/11/2020Minute Entry for proceedings held before Judge John G. Koeltl: As to Marvin Gamoneda, Luilly Fernandez Pretrial Conference set for 11/13/2020 at 09:00 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 11/11/2020)
11/9/2020~Util - Set/Reset Hearings, Pretrial Conference
11/2/2020
  • Order
ORDER as to Marvin Gamoneda, Luilly Fernandez: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), 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. (Signed by Judge John G. Koeltl on 10/29/2020) (See ORDER set forth) (ap) (Entered: 11/02/2020)
10/28/2020
  • OrderGranted
MEMO ENDORSEMENT granting 50 LETTER MOTION filed by Luilly Fernandez as to Marvin Gamoneda (1), Luilly Fernandez (2), addressed to Judge John G. Koeltl from Sarah M. Sacks, Esq. dated October 28, 2020 re: permission to file an interim voucher. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: (Signed by Judge John G. Koeltl on 10/28/2020) (bw) (Entered: 10/29/2020)
10/28/2020
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from Sarah M. Sacks, Esq. dated October 28, 2020 re: permission to file an interim voucher . Document filed by Luilly Fernandez as to Marvin Gamoneda, Luilly Fernandez. (Sacks, Sarah) (Entered: 10/28/2020)
10/28/2020 LETTER by USA as to Marvin Gamoneda, Luilly Fernandez addressed to Judge John G. Koeltl from Andrew K. Chan dated October 28, 2020 re: Government's Request to Delay Disclosure of Certain Witness Names Document filed by USA. (Chan, Andrew) (Entered: 10/28/2020)
10/23/2020Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference as to Marvin Gamoneda held on 10/23/2020. Deft Gamoneda pres w/atty Gregory Morvillo. AUSA Jacob Fiddelman. Spanish Interpreter Francisco Olivero (not needed). Atty Gregory Morvillo replaced by atty Kenneth Montgomery as counsel for deft Gamoneda for all purposes. Conference held (virtual). Next conference 11/13/2020 at 9:00am. Deft Gamoneda cont'd detained. (Pretrial Conference set for 11/13/2020 at 09:00 AM before Judge John G. Koeltl) (Court Reporter George Malinowski) (ap) (Entered: 11/09/2020)
10/23/2020CONSENT TO PROCEED BY VIDEOCONFERENCE as to Marvin Gamoneda. (Signed by Judge John G. Koeltl on 10/23/2020)(lnl) (Entered: 10/23/2020)
10/22/2020Minute Entry for proceedings held before Judge John G. Koeltl: As to Marvin Gamoneda Pretrial Conference set for 10/23/2020 at 09:00 AM before Judge John G. Koeltl. Public Dial-in: 855-268-7844, with access code 32091812# and PIN 9921299#. (Fletcher, Donnie) (Entered: 10/22/2020)
10/15/2020
  • OrderGranted
MEMO ENDORSEMENT granting 46 LETTER MOTION filed by Marvin Gamoneda (1), addressed to Judge John G. Koeltl from Attorney Gregory Morvillo dated October 14, 2020 re: Pre-trial motions deadline.... Pre-trial motions are currently due on October 23, the same day the Court has scheduled a hearing regarding a letter from Mr. Gamoneda regarding counsel. We respectfully request that the Court adjourn that date for Mr. Gamoneda pending the outcome of the October 23 hearing. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: (Signed by Judge John G. Koeltl on 10/15/2020) (bw) (Entered: 10/15/2020)
10/14/2020
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from Gregory Morvillo dated October 14, 2020 re: Pre-trial motions deadline . Document filed by Marvin Gamoneda. (Morvillo, Gregory) (Entered: 10/14/2020)
10/9/202045SEALED DOCUMENT placed in vault. (jus) (Entered: 10/09/2020)
10/9/2020Minute Entry for proceedings held before Judge John G. Koeltl: As to Marvin Gamoneda Conference set for 10/23/2020 at 09:00 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 10/09/2020)
10/8/2020
  • Order
ORDER as to Marvin Gamoneda. On October 6, 2020, the Court received a letter from the defendant, Marvin Gamoneda. Because the letter refers to conversations between the defendant and defense counsel, the letter will be filed under seal and provided only to defense counsel. The Court will schedule a conference with the parties (Signed by Judge John G. Koeltl on 10/7/20)(jw) (Entered: 10/08/2020)
9/20/2020NOTICE OF ATTORNEY APPEARANCE Jacob Ross Fiddelman appearing for USA. (Fiddelman, Jacob) (Entered: 09/20/2020)
8/14/202042SEALED DOCUMENT placed in vault. (mhe) (Entered: 08/14/2020)
8/14/202040SEALED DOCUMENT placed in vault. (mhe) (Entered: 08/14/2020)
8/14/202041SEALED DOCUMENT placed in vault. (mhe) (Entered: 08/14/2020)
8/14/202039SEALED DOCUMENT placed in vault. (mhe) (Entered: 08/14/2020)
7/8/2020Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference as to Marvin Gamoneda, Luilly Fernandez held on 7/8/2020. Deft Gamoneda pres (via phone) w/atty Gregory Morvillo and Dianna Ferrone. Deft Fernandez pres (via phone) /w/atty Sarah Sacks. AUSA Andrew Chan. Pretrial conference. Hearing on motions 12/3/2020 at 10:00am Final pretrial conference 3/18/2021 at 10:00am. Trial date 3/22/2021. Time excluded from 7/8/2020 to 3/22/2021. Both defts cont'd detained. (Motion Hearing set for 12/3/2020 at 10:00 AM before Judge John G. Koeltl. Pretrial Conference set for 3/18/2021 at 10:00 AM before Judge John G. Koeltl) (Court Reporter Elaina Lynch) (ap) (Entered: 07/08/2020)
7/8/2020
  • Order
ORDER as to Marvin Gamoneda, Luilly Fernandez: Defense motions are due October 23, 2020. Responses are due November 6, 2020. Replies are due November 16, 2020. A hearing on the motions is set for December 3, 2020 at 10:00 AM. Rule 404(b) disclosures are due January 22, 2021. Motions in limine, requests to charge, and proposed voir dire requests are due January 29, 2021. Responses and objections are due February 5, 2021. The final pre-trial conference is set for March 18, 2021 at 10:00 AM. The trial in this matter is set for March 22, 2021 at 9:00 AM. In view of the fact that a trial has been scheduled in this matter for March 22, 2021, the Court excludes prospectively the time from today July 8, 2020, until March 22, 2021, from Speedy Trial Act calculations. The continuance is needed to assure the effective assistance of counsel. The continuance is also needed to allow defense counsel the opportunity to review the discovery, to confer with their clients, and to determine what motions, if any, to make. The Court finds that the ends of justice served by granting the continuance outweigh the best interest of the defendants and the public in a speedy trial. This Order is entered pursuant to 18 U.S.C. � 3161(h)(7)(A). The time between the making of motions and the disposition of motions is independently excluded pursuant to 18 U.S.C. � 3161(h)(1)(D). SO ORDERED. (Defense Motions due by 10/23/2020. Responses due by 11/6/2020. Replies due by 11/16/2020. Motion Hearing set for 12/3/2020 at 10:00 AM before Judge John G. Koeltl. Motions in Limine due by 1/29/2021. Responses due by 2/5/2021. Final Pretrial Conference set for 3/18/2021 at 10:00 AM before Judge John G. Koeltl. Jury Trial set for 3/22/2021 at 09:00 AM before Judge John G. Koeltl.) (Time excluded from 7/8/2020 until 3/22/2021) (Signed by Judge John G. Koeltl on 7/8/2020) (lnl) (Entered: 07/08/2020)
7/6/2020As to Marvin Gamoneda, Luilly Fernandez Status Conference set for 7/8/2020 at 12:00 PM before Judge John G. Koeltl.Parties should call in to 888-363-4749 and use access code 8140049.(Addelson, Jacob; Fletcher, Donnie) (Entered: 07/06/2020)
6/25/2020Attorney update in case as to Marvin Gamoneda, Luilly Fernandez. Attorney Karin Portlock terminated (jw) (Entered: 06/26/2020)
6/25/2020
  • Order
MEMO ENDORSEMENT as to Marvin Gamoneda, Luilly Fernandez on re: 36 Letter filed by USA re:The Government respectfully requests that the Court order the Clerk to terminate the appearance of undersigned counsel in this matter...ENDORSEMENT...Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/25/20)(jw) (Entered: 06/26/2020)
6/24/2020 LETTER by USA as to Marvin Gamoneda, Luilly Fernandez addressed to Judge John G. Koeltl from Karin Portlock dated June 24, 2020 re: Terminate Appearance Document filed by USA. (Portlock, Karin) (Entered: 06/24/2020)
5/21/2020Notice of Attorney Appearance - Defendant
5/5/2020Letter
5/5/2020
  • Order
ORDER as to Luilly Fernandez: The Government should update the Court on the medical status of the defendant promptly. SO ORDERED. (Signed by Judge John G. Koeltl on 5/4/2020) (lnl)
4/24/2020
  • Order
ORDER as to Luilly Fernandez: For the reasons stated on the record at the teleconference today, the application for release is denied without prejudice to renewal. The Government should provide that the defendant is seen by a doctor at the MCC promptly and provide a report to the Court no later than April 27, 2020 reporting on the defendant's medical status. (Signed by Judge John G. Koeltl on 4/24/2020) (ap)
4/21/2020Notice of Filing Transcript, Notice of Filing Transcript
4/21/2020Transcript, Transcript
4/20/2020
  • Motion
Letter Motion, Letter Motion
4/17/2020Response in Opposition to Motion
4/15/2020
  • Order
ORDER as to Luilly Fernandez: The Government should respond to the April 15, 2020 renewed bail application of the defendant by April 17, 2020. The response should include a report on the defendant's current medical condition and a report on whether the defendant has been tested for the Coronavirus, and if not, why not. SO ORDERED. (Responses due by 4/17/2020) (Signed by Judge John G. Koeltl on 4/15/2020) (lnl)
4/15/2020
  • Motion
Letter Motion, Letter Motion
4/13/2020Notice of Filing Transcript, Notice of Filing Transcript
4/13/2020Transcript, Transcript
4/10/2020
  • Order
ORDER as to Marvin Gamoneda: For the reasons stated on the record at the teleconference on April 10, 2020, the defendant's request for release is denied without prejudice to renewal. (Signed by Judge John G. Koeltl on 4/10/2020) (ap)
4/7/2020~Util - Terminate Motions
4/7/2020
  • Reply
Reply to Response to Motion
4/6/2020
  • Order
ORDER as to Marvin Gamoneda: A teleconference will be held on Marvin Gamoneda's motion on April 10, 2020 at 11:00 AM. A representative from Pre-Trial Services is requested to appear. The parties should call in to (888)-363-4749 and use access code 8140049. (Telephone Conference set for 4/10/2020 at 11:00 AM before Judge John G. Koeltl) (Signed by Judge John G. Koeltl on 4/6/2020) (ap)
4/6/2020Letter
4/3/2020
  • Order
ORDER as to Luilly Fernandez. The Bureau of Prisons is directed to provide a medical examination of the defendant for his asthma condition and to provide any appropriate medical assistance for his condition. The Government should report to the Court promptly that the defendants medical condition has been attended to. (Signed by Judge John G. Koeltl on 4/3/2020)(jw)
4/3/2020
  • Order
ORDER 17 LETTER MOTION as to Luilly Fernandez. For the reasons stated on the record and with the conditions stated on the record at the teleconference on April 3, 2020, the defendants application for release is deniedwithout prejudice to renewal (Signed by Judge John G. Koeltl on 4/3/2020) (jw)
4/2/2020
  • Motion
Letter Motion, Letter Motion
4/1/2020
  • Motion
Letter Motion
4/1/2020Letter
3/30/2020
  • Motion
Letter Motion, Letter Motion
3/12/2020
  • Motion for Protective Order
PROTECTIVE ORDER as to Marvin Gamoneda, Luilly Fernandez...regarding procedures to be followed that shall govern the handling of confidential material..... (Signed by Judge John G. Koeltl on 3/11/2020)(jbo)
3/10/2020Letter, Letter
3/10/2020Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA
2/20/2020~Util - Set/Reset Deadlines/Hearings, Order to Continue - Interest of Justice, Order to Continue - Interest of Justice, ~Util - Set/Reset Deadlines/Hearings
2/14/2020~Util - Set/Reset Hearings, Oral Order, Financial Affidavit - CJA23, ~Util - Set/Reset Hearings, Oral Order, Financial Affidavit - CJA23
2/14/2020
  • Order
Order to Unseal Indictment, Order to Unseal Indictment
2/14/2020Indictment (Sealed), Indictment (Sealed)