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USA v. Burgos et al

1:20-cr-00182 | New York Southern District Court

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Division Foley Square
Judge Judge Valerie E. Caproni
Filed March 4, 2020
Terminated Dec. 8, 2021
Case Flags CLOSED, ECF, and PRIOR
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Filing Date # Docket Text
1/17/2025 Executive Grant of Clemency by USA as to Jonathan Burgos. President commutes the sentence of the defendant as follows to a term of 50 months' imprisonment the sentence ofimprisonment, for the offenses described to the Department of Justice, imposed upon each of thefollowing named persons. If applicable, I also remit up to $10,000 of the unpaid balance of thefine or restitution amount imposed by the court that remains at the end of each person's respectivesentence. For any individual that has a term of supervised release or other components of thesentence, I leave intact and in effect the term of supervised release imposed by the court with allits conditions and all other components of the sentence. (jm) (Entered: 01/21/2025)
12/10/2024NOTICE OF MAILING as to Jonathan Burgos (1). RE: [230] OPINION & ORDER. *** Note: On 12/10/2024, the Clerk of the Court has mailed a copy of this Opinion & Order to: Jonathan Burgos, Reg. No. 87762-054, at FCI Danbury, 33 1/2 Pembroke Rd., Danbury, CT 06811. *** (bw) (Entered: 12/10/2024)
12/10/2024OPINION & ORDER as to (20-Cr-182-1) Jonathan Burgos. After a jury trial, Jonathan Burgos was convicted of conspiracy to possess controlled substances and possession with intent to distribute controlled substances. See Judgment, Dkt. 188.(See Footnote 1 on this Opinion & Order). Prior to trial, Burgos made a motion to suppress evidence seized incident to his arrest and pursuant to a search warrant, which this Court denied. Motion to Suppress, Dkt. 89; Opinion & Order Denying Defendant's Motion to Suppress ("Opinion"), Dkt. 158. Following trial, Mr. Burgos appealed, and the Court of Appeals affirmed the conviction. United States v. Howard, No. 21-3006, 2023 WL 2980320 (2d Cir. Apr. 18, 2023) (summary order). On November 15, 2023, Mr. Burgos filed a petition pursuant to 28 U.S.C. § 2255, arguing that he received ineffective assistance of counsel at trial and on appeal. Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (the "Petition" or "Pet."), Dkt. 206. The Petition is DENIED....[*** See this Opinion & Order ***]... CONCLUSION. For the foregoing reasons, Mr. Burgos's Petition is DENIED. Because Mr. Burgos has not made a substantial showing of the denial of a constitutional right, no certificate of appealability shall issue. 28 U.S.C.§ 2253. The Clerk of Court is respectfully directed to close the open motion at Dkt. 206 on the docket for 20-CR-182 and to terminate 23-CV-10087. The Clerk is further directed to mail a copy of this opinion to Jonathan Burgos, Reg. No. 87762-054, at FCI Danbury, 33 1/2 Pembroke Rd., Danbury, CT 06811, and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/10/2024) (bw) (Entered: 12/10/2024)
7/11/2024ORDER as to Bobby Ramos. IT IS HEREBY ORDERED that the Friday, October 11, 2024, at 10:00 A.M. conference is CANCELED (Signed by Judge Valerie E. Caproni on 7/11/2024)(jw) (Entered: 07/11/2024)
6/3/2024PETITIONER'S REPLY TO GOVERNMENT'S MEMORANDUM IN OPPOSITION TO SECTION 2255 PETITION. Document filed by by (20-Cr-182-1) Jonathan Burgos. Dated: May 21st, 2024. [*** Refer to civil case 23 Civ. 10087 (VEC) also. ***] (bw) (Entered: 06/03/2024)
4/29/2024MEMO ENDORSEMENT as to Bobby Ramos (3) on 225 LETTER MOTION addressed to Judge Valerie E. Caproni from James E. Neuman dated 4/25/2024 re: request for early termination of supervised release. ENDORSEMENT: The specifications are DISMISSED. Although the Court commends Mr. Ramos on his improvement, it declines to terminate supervised release at this time in light of the factors set forth by 18 U.S.C. §§ 3583(c), (e)(1) as well as the § 3553(a) factors. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/29/2024) (lnl) (Entered: 04/29/2024)
4/25/2024 LETTER MOTION addressed to Judge Valerie E. Caproni from James E. Neuman dated 4/25/2024 re: request for early termination of supervised release . Document filed by Bobby Ramos. (Neuman, James) (Entered: 04/25/2024)
4/15/2024Sealed Document, Sealed Document, Sealed Document, Sealed Document
4/5/2024ORDER as to Bobby Ramos: IT IS HEREBY ORDERED that the April 11, 2024, conference is ADJOURNED to Friday, October 11, 2024, at 10:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The Court congratulates Mr. Ramos on his sobriety and improvement. The Court further encourages Mr. Ramos to continue to maintain compliance with his treatment program. IT IS FURTHER ORDERED that by July 10, 2024, the parties must work with Probation to submit a status update on the steps that Mr. Ramos has taken to reactivate his driver's license. (Status Conference set for 10/11/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 4/5/2024) (ap) (Entered: 04/05/2024)
3/29/2024MEMORANDUM in Opposition by USA as to Jonathan Burgos re 206 MOTION to Vacate under 28 U.S.C. 2255. (Fergenson, Micah) (Entered: 03/29/2024)
2/16/2024DECLARATION of David A. Ruhnke by Jonathan Burgos. pursuant to Court direction (Ruhnke, David) (Entered: 02/16/2024)
2/9/2024 AFFIDAVIT OF APPELLATE COUNSEL as to Jonathan Burgos. (jw) (Entered: 02/09/2024)
1/30/2024 Attorney-Client Privilege Waiver (Informed Consent as to Jonathan Burgos. (jw) (Entered: 01/30/2024)
1/8/2024NOTICE OF MAILING as to Jonathan Burgos (1). RE:[216] ORDER. *** On 1/8/2024, the Clerk of the Court has mailed a copy of this Order to: Jonathan Burgos, Reg. No. 87762-054, FCI Danbury, Federal Correctional Institution, Route 37, Danbury, CT 06811. (bw) (Entered: 01/08/2024)
1/8/2024ORDER as to (20-Cr-182-1) Jonathan Burgos. WHEREAS Jonathan Burgos ("Burgos") has moved for relief from his convictions pursuant to 28 U.S.C. § 2255 on grounds of ineffective assistance of counsel, see Pet., Dkt. 1; WHEREAS the Government, after reviewing the motion papers, has concluded that the testimony of Burgos's former trial counsel, David A. Ruhnke, Esq., and former appellate counsel, Jonathan Rosenberg, Esq. ("Counsel"), will be needed in order to allow the Government to respond to the motion; WHEREAS the Court, after reviewing the motion papers, is satisfied that the testimony of Counsel is needed in order to allow the Government to respond to the motion; WHEREAS by making the motion, Burgos has waived the attorney-client privilege as a matter of law; see Rudaj v. United States, No. 11-CV-1782 (DLC), 2011 WL 2610544, at *3 (S.D.N.Y. June 13, 2011) (citing United States v. Bilzerian, 926 F.2d 1285, 1292 (2d Cir. 1991)); WHEREAS the Court is cognizant that, absent Court order or informed consent, ethical concerns may inhibit Counsel from disclosing confidential information relating to a prior client even in the absence of a privilege, see, e.g., ABA Standing Comm. on Ethics and Prof. Responsibility Formal Op. 10-456 (July 14, 2010), Disclosure of Information to Prosecutor When Lawyer's Former Client Brings Ineffective Assistance of Counsel Claim; and WHEREAS the Government's deadline to respond to the motion is Tuesday, January 16, 2024, see Order, Dkt. 3; IT IS HEREBY ORDERED that not later than Friday, March 8, 2024, Burgos must sign and return to this Court the accompanying "Attorney-Client Privilege Waiver (Informed Consent)" form. If the document is not received by the Court by March 8, 2024, the Court will deny Burgos's § 2255 motion on the ground that Burgos failed to authorize the disclosure of information needed to permit the Government to respond to the motion. See, e.g., Brown v. United States, No. 22-CV-9146 (NSR), 2023 WL 3626466, at *12 (S.D.N.Y. Apr. 13, 2023). IT IS FURTHER ORDERED that, not later than Friday, April 5, 2024, Counsel shall file sworn testimony, in the form of an affidavit, addressing the allegations of ineffective assistance of counsel made by Burgos. IT IS FURTHER ORDERED that the Government's deadline to respond to Burgos's motion is extended to Friday, April 19, 2024. Burgos will have until Friday, May 24, 2024, to file a reply. Absent further order, the motion will be considered fully submitted as of that date. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to mail a copy of this Order (including the attached Informed Consent form) to Burgos and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/8/2024); Refer to civil case 23-CV-10087 (VEC) also. (bw) (Entered: 01/08/2024)
1/5/2024 LETTER by USA as to Jonathan Burgos addressed to Judge Valerie E. Caproni from AUSA Samuel P. Rothschild dated January 5, 2024 re: Burgos's Section 2255 Motion Document filed by USA. (Attachments: # 1 Proposed Order Proposed Order re Waiver)(Rothschild, Samuel) (Entered: 01/05/2024)
12/18/2023MEMO ENDORSEMENT as to Bobby Ramos on re: 213 The Government respectfully submits this letter jointly with counsel for the defendant to advise the Court that neither party objects to the Court's proposal as outlined in Dkt. 212. Specifically, the parties do not object to an adjournment of the status conference to a date in April 2024...ENDORSEMENT...The status conference scheduled for Thursday, December 21, 2023, at 2:30pm is hereby ADJOURNED until Thursday, April 11, 2024 at 2:30pm. Not later than Monday, April 8, 2024, the parties and Probation must file a joint status update (Status Conference set for 4/11/2024 at 02:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 12/18/23)(jw) (Entered: 12/19/2023)
12/18/2023JOINT LETTER by USA as to Bobby Ramos addressed to Judge Valerie E. Caproni from Juliana Murray dated 12/18/2023 re: Status Conference and Court Proposal Document filed by USA. (Murray, Juliana) (Entered: 12/18/2023)
12/15/2023ORDER as to Bobby Ramos: IT IS HEREBY ORDERED that not later than Monday, December 18, 2023, at 5:00 P.M., the parties must file a joint letter indicating whether they object to the Court adjourning the status conference to a date in April 2024, with the expectation that, if Mr. Ramos continues to report to his Probation Officer as required and continues to remain drug-free, the Court would consider a motion to dismiss the violations of supervised release set forth in Probation's August 3, 2023 and September 25, 2023 violation reports. (Signed by Judge Valerie E. Caproni on 12/15/2023)(ap) (Entered: 12/15/2023)
11/28/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Bobby Ramos. Notice is hereby given that an official transcript of a Violation of Supervised Release proceeding held on 10/17/2023 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: 11/28/2023)
11/28/2023TRANSCRIPT of Proceedings as to Bobby Ramos re: Violation of Supervised Release held on 10/17/2023 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Nicole DIMasi, (212) 805-0320, 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 12/19/2023. Redacted Transcript Deadline set for 12/29/2023. Release of Transcript Restriction set for 2/26/2024. (McGuirk, Kelly) (Entered: 11/28/2023)
11/17/2023ORDER TO ANSWER, 28 U.S.C. § 2255 as to (20-Cr-182-1) Jonathan Burgos. The Court, having concluded that the motion brought under 28 U.S.C. § 2255 should not be summarily denied as being without merit, hereby ORDERS that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/17/2023); Refer to civil case 23-CV-10087 (VEC) also. (bw) (Entered: 11/17/2023)
11/16/2023ORDER as to (20-Cr-182-1) Jonathan Burgos. WHEREAS on November 15, 2023, the Court received Mr. Burgos's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255, see Pet., Dkt. 206. IT IS HEREBY ORDERED that the Clerk of Court is directed to open a parallel civil case for Mr. Burgos's civil petition. The document at 20-CR-182, Dkt. 206, should be docketed as Dkt. 1 in the new civil case. All future filings in this case must be filed in 20-CR-182. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/16/2023) (bw) (Entered: 11/16/2023)
11/15/2023 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Jonathan Burgos. (rdz)
Civil case 1:23-cv-10087 opened. (Entered: 11/16/2023)
10/17/2023Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference as to Bobby Ramos held on 10/17/2023. Defendant Bobby Ramos present with attorney James Neuman. AUSA Micah Ferguson present. Probation Officer Robert Terry-Brooks present. Defendant did not admit to any specifications contained in 9/26/2023 report. Status conference scheduled December 21, 2023 at 2:30 p.m. (Status Conference set for 12/21/2023 at 02:30 PM before Judge Valerie E. Caproni) (Court Reporter Nicole DiMasi) (ap) (Entered: 10/24/2023)
10/17/2023ORDER as to Bobby Ramos: IT IS HEREBY ORDERED that the status conference is scheduled for Thursday, December 21, 2023, at 2:30 P.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. Not later than December 14, 2023, the parties and Probation must submit a joint status report. (Status Conference set for 12/21/2023 at 02:30 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 10/17/2023) (ap) (Entered: 10/18/2023)
9/27/2023ORDER as to Bobby Ramos: IT IS HEREBY ORDERED that the status conference in this matter will be held on Tuesday, October 17, 2023, at 2:45 P.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. SO ORDERED. (Status Conference set for 10/17/2023 at 02:45 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 9/27/2023) (lnl) (Entered: 09/27/2023)
9/22/2023ORDER as to Bobby Ramos: WHEREAS a status conference in this matter is currently scheduled for October 16, 2023, at 2:30 P.M.; and WHEREAS this time is no longer convenient for the Court. IT IS HEREBY ORDERED that the status conference in this matter is ADJOURNED to Wednesday, October 25, 2023, at 10:45 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. (Status Conference set for 10/25/2023 at 10:45 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 9/22/2023) (ap) (Entered: 09/22/2023)
9/7/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Bobby Ramos. Notice is hereby given that an official transcript of a Conference proceeding held on 8/10/23 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: 09/07/2023)
9/7/2023TRANSCRIPT of Proceedings as to Bobby Ramos re: Conference held on 8/10/23 before Judge Valerie E. Caproni. 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 9/28/2023. Redacted Transcript Deadline set for 10/10/2023. Release of Transcript Restriction set for 12/6/2023. (Moya, Goretti) (Entered: 09/07/2023)
8/10/2023ORAL ORDER as to (20-Cr-182-3) Bobby Ramos. Status Conference set for 10/16/2023 at 02:30 PM before Judge Valerie E. Caproni. (bw) (Entered: 08/10/2023)
8/10/2023Minute Entry for proceedings held before Judge Valerie E. Caproni: Violation of Supervised Release - Interim Hearing as to (20-Cr-182-3) Bobby Ramos held on 8/10/2023. Defendant Bobby Ramos present with attorney James Neuman. AUSA Sam Rothschild present. Probation Officer Daveena Tumasar present. Court Reporter Steve Greenblum present. Defendant did not admit to any specification violations. Defendant ordered to participate in an inpatient drug treatment program. Status conference scheduled for October 16, 2023 at 2:30 p.m. (bw) (Entered: 08/10/2023)
8/10/2023ORDER as to Bobby Ramos. IT IS HEREBY ORDERED that, by agreement of the parties, the term of supervised release is extended by one year, with all of the same special conditions as were initially imposed and with the added special condition that, beginning on August 10, 2023, Mr. Ramos participate in an inpatient drug treatment program, beginning with detoxification. IT IS FURTHER ORDERED that Mr. Neuman is appointed as CJA counsel nunc pro tunc to August 3, 2023. IT IS FURTHER ORDERED that the parties are ordered to appear for a status conference in this matter on Monday, October 16, 2023, at 2:30 P.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. IT IS FURTHER ORDERED that 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 Governments disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. (Status Conference set for 10/16/2023 at 02:30 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/10/2023)(jw) (Entered: 08/10/2023)
8/3/2023ORDER as to (20-Cr-182-3) Bobby Ramos. WHEREAS on August 3, 2023, Probation reported that Mr. Ramos violated the conditions of his supervised release. IT IS HEREBY ORDERED that the parties are ordered to appear for an arraignment on the alleged violations on Thursday, August 10, 2023, at 10:15 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. SO ORDERED. ( Status Conference set for 8/10/2023 at 10:15 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. )(Signed by Judge Valerie E. Caproni on 8/3/2023)(bw) (Entered: 08/03/2023)
5/24/2023Transmission of USCA Mandate to the District Judge re: 197 USCA Mandate. (nd) (Entered: 05/24/2023)
5/24/2023MANDATE of USCA (Certified Copy) as to Jonathan Burgos re: 190 Notice of Appeal. USCA Case Number 21-3006-cr. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/24/2023. (nd) (Entered: 05/24/2023)
4/28/2023196SEALED DOCUMENT placed in vault. (nmo) (Entered: 04/28/2023)
9/8/2022195SEALED DOCUMENT placed in vault. (nmo) (Entered: 09/08/2022)
1/11/2022194SEALED DOCUMENT placed in vault. (nmo) (Entered: 01/11/2022)
12/30/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Burgos. Notice is hereby given that an official transcript of a Conference proceeding held on 12/7/21 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: 12/30/2021)
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