USA v. Cruz et al

7:21-cr-00502 | New York Southern District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division White Plains
Judge Judge Philip M. Halpern
Filed Aug. 5, 2021
Terminated July 10, 2024
Case Flags CLOSED, ECF, and PRIOR
The docket is incomplete. Sign up for verified information.
Filing Date # Docket Text
2/20/2025Transcript
2/20/2025Notice of Filing Transcript
7/10/2024JUDGMENT IN A CRIMINAL CASE as to Roharil Cruz (1). The Defendant pleaded guilty to count 1 of the Information. IMPRISONMENT: 72 Months. The Court imposed a separate consecutive term of imprisonment of 24 months in 15 cr 176. The court makes the following recommendations to the Bureau of Prisons: The Court recommends to the Bureau of Prisons that the defendant participate in a Residential Drug Abuse Program (RDAP) and that the defendant be designated to an FCI as close as possible to the Southern District of New York, wit the exception of MDC. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 4 Years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Philip M. Halpern on 7/10/2024) (lnl) (Entered: 07/10/2024)
7/9/2024Minute Entry for proceedings held before Judge Philip M. Halpern: Sentencing held on 7/9/2024 for Roharil Cruz (1) Count 1. Defendant present with counsel Francis O'Reilly, Esq. AUSAs Benjamin Klein and Jennifer Ong, Esq. are present. Probation Officer Pierre Reyes is also present. Court Reporter is Christina Arends-Dieck. The Court imposed a sentence of 72 months of imprisonment on Count 1 of the Information, including the 60-month mandatory term of imprisonment, to be followed by 4 years of supervised release. The Court imposed a separate consecutive sentence of 24 months of imprisonment in 15 cr 176. Defendant shall pay a special assessment of $100 which is due immediately. Defendant was advised of his right to appeal within 14 days from the entry of judgment. Defendant is remanded. Additional conditions, see Judgment. (lnl) (Entered: 07/10/2024)
7/6/2024SENTENCING SUBMISSION by Roharil Cruz. (O'Reilly, Francis) (Entered: 07/06/2024)
7/6/2024SENTENCING SUBMISSION by Roharil Cruz. (O'Reilly, Francis) (Entered: 07/06/2024)
7/2/2024SENTENCING SUBMISSION by USA as to Roharil Cruz. (Ong, Jennifer) (Entered: 07/02/2024)
6/27/2024ENDORSED LETTER as to Roharil Cruz addressed to Judge Philip M. Halpern from AUSA Jennifer N. Ong re: The Government respectfully requests a brief extension to file its sentencing submission in the above referenced case. Sentencing is currently scheduled for July 9, 2024. Defense counsel filed its sentencing submission on June 21, 2024. Both undersigned counsel are currently on trial before Your Honor for a separate case. Accordingly, the Government requests a brief extension until Tuesday, July 2, 2024, to file its sentencing submission. Defense counsel does not object to this request. ENDORSEMENT: Application granted. The Clerk of Court is respectfully directed to terminate the pending letter-motion (Doc. 128). SO ORDERED. (Signed by Judge Philip M. Halpern on 6/27/2024) (bw) (Entered: 06/27/2024)
6/26/2024 LETTER MOTION addressed to Judge Philip M. Halpern from United States of America dated 6/26/2024 re: Request for Extension to File Sentencing Submission . Document filed by USA as to Roharil Cruz. (Ong, Jennifer) (Entered: 06/26/2024)
6/21/2024SENTENCING SUBMISSION by Roharil Cruz. (Attachments: # 1 Exhibit Character Letters)(O'Reilly, Francis) (Entered: 06/21/2024)
6/19/2024 MEMO ENDORSEMENT as to Roharil Cruz (1) granting 125 LETTER MOTION addressed to Judge Philip M. Halpern from Francis L. O'Reilly dated June 18, 2024 re: Brief extension of time to file sentencing submission. ENDORSEMENT: Application granted. The Clerk of Court is respectfully requested to terminate the pending letter-motion (Doc. 125). SO ORDERED. (Signed by Judge Philip M. Halpern on 6/18/2024) (lnl) (Entered: 06/20/2024)
6/18/2024 LETTER MOTION addressed to Judge Philip M. Halpern from Francis L. O'Reilly dated June 18, 2024 re: Brief extention of time to file sentencing submission . Document filed by Roharil Cruz. (O'Reilly, Francis) (Entered: 06/18/2024)
6/17/2024RESCHEDULING ORDER as to Roharil Cruz. Sentencing in this matter currently scheduled for July 9, 2024 at 2:30 p.m. is rescheduled to July 9, 2024 at 4:00 p.m. in Courtroom 520 at the White Plains Courthouse. It is the responsibility of the Government to have the Defendant produced to Courtroom 520 of the White Plains Courthouse at that time (Sentencing set for 7/9/2024 at 04:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 6/17/24)(jw) (Entered: 06/17/2024)
2/7/2024JUDGMENT IN A CRIMINAL CASE as to Max Jose Lamarche (2). The defendant pleaded guilty to count 1 of the Indictment. IMPRISONMENT: 60 months. The Court recommends to the Bureau of Prisons that the Defendant be designated to the FCI facility closest to New York City, with the exception of MDC Brooklyn. The Court also recommends that the Defendant participate in the Residential Drug Abuse Program (RDAP). SUPERVISED RELEASE: 4 years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Philip M. Halpern on 2/6/2024) (lnl) (Entered: 02/07/2024)
2/6/2024Minute Entry for proceedings held before Judge Philip M. Halpern: Sentencing held on 2/6/2024 for Max Jose Lamarche (2) Count 1. Defendant Max Jose Lamarche present with counsel Sean Maher, Esq. AUSA Jennifer Ong, Esq. present. Court Reporter is Christina Arends-Dieck. The Court imposed a sentence of 60 months of imprisonment on Count 1 of the Indictment to be followed by 4 years of supervised release. Defendant shall pay a special assessment of $100 which is due immediately. Defendant was advised of his right to appeal within 14 days from the entry of judgment. Defendant is remanded. Additional conditions, see Judgment. (lnl) (Entered: 02/07/2024)
1/23/2024SENTENCING SUBMISSION by USA as to Max Jose Lamarche. (Ong, Jennifer) (Entered: 01/23/2024)
1/16/2024SENTENCING SUBMISSION by Max Jose Lamarche. (Attachments: # 1 Exhibit 1 - Letter of Theresa Sanchez, # 2 Exhibit 2 - Letter of Franceska Diez, # 3 Exhibit 3 - Letter of Jessica Fajardo, # 4 Exhibit 4 - Letter of Deulys Fernandez, # 5 Exhibit 5 - Letter of Lisenia Diez, # 6 Exhibit 6 - Letter of Jesselin Cespedes, # 7 Exhibit 7 - Letter of Lionisa Garcia, # 8 Exhibit 8 - Letter of Tatiana Martinez, # 9 Exhibit 9 Letter of Douglissa Trabal, # 10 Exhibit 10 - Letter of Judelys Diez)(Maher, Sean) (Entered: 01/16/2024)
1/16/2024SCHEDULING ORDER as to Roharil Cruz. With respect to the sentencing currently scheduled for July 9, 2024, any written submission by the defendant shall be filed by June 18, 2024, and the Governments response shall be filed by June 25, 2024. (Signed by Judge Philip M. Halpern on 1/16/2024) (ap) (Entered: 01/16/2024)
12/19/2023RESCHEDULING ORDER as to Roharil Cruz. Sentencing in this matter currently scheduled for February 5, 2024 is rescheduled to July 9, 2024 at 2:30 p.m. in Courtroom 520 at the White Plains Courthouse. It is the responsibility of the Government to have the Defendant produced to Courtroom 520 of the White Plains Courthouse at that time. (Sentencing set for 7/9/2024 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern) (Signed by Judge Philip M. Halpern on 12/19/2023) (ap) (Entered: 12/19/2023)
11/20/2023118SEALED DOCUMENT placed in vault. (ap) (Entered: 11/20/2023)
10/30/2023Set/Reset Deadlines/Hearings as to Roharil Cruz: Sentencing set for 2/5/2024 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern (jw) (Entered: 10/30/2023)
10/30/2023MEMO ENDORSEMENT 116 LETTER MOTION addressed to Judge Philip M. Halpern from Francis L. O'Reilly dated October 27, 2023 re: Request to Adjourn Sentencing as to Roharil Cruz....ENDORSEMENT...Application granted. The sentencing has been adjourned to the earliest available date on the Court's calendar, February 5, 2024 at 2:30 p.m. in courtroom 520. Any written submissions by defendant shall be filed by January 16, 2024, and the government's response shall be filed by January 23, 2024 (Signed by Judge Philip M. Halpern on 10/30/23) (jw) (Entered: 10/30/2023)
10/27/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Francis L. O'Reilly dated October 27, 2023 re: Request to Adjourn Sentencing . Document filed by Roharil Cruz. (O'Reilly, Francis) (Entered: 10/27/2023)
8/29/2023Set/Reset Hearings as to Max Jose Lamarche: Sentencing set for 2/6/2024 at 03:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (ap) (Entered: 08/29/2023)
8/29/2023MEMO ENDORSEMENT as to Max Jose Lamarche (2) granting 114 LETTER MOTION addressed to Judge Philip M. Halpern from Sean M. Maher dated August 29, 2023 re: Adjournment of sentencing hearing and filing of sentencing submissions. ENDORSEMENT: Application granted. Defendant's sentencing has been adjourned to February 6, 2024, 2023 at 3:30 p.m. in courtroom 520. Any written submissions by defendant shall be filed by January 16, 2024, and the government's submission shall be filed by January 23, 2024. (Signed by Judge Philip M. Halpern on 8/29/2023) (ap) (Entered: 08/29/2023)
8/29/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Sean M. Maher dated August 29, 2023 re: Adjournment of sentencing hearing and filing of sentencing submissions . Document filed by Max Jose Lamarche. (Maher, Sean) (Entered: 08/29/2023)
8/22/2023MEMO ENDORSEMENT as to Roharil Cruz on re: 112 LETTER MOTION filed by Roharil Cruz addressed to Judge Philip M. Halpern from Attorney Francis L. O'Reilly dated August 21, 2023 re: Request to Adjourn Sentencing. ENDORSEMENT: Application granted. Defendant's sentencing has been adjourned to November 22, 2023 at 9:30 a.m. in courtroom 520. Any written submissions by defendant shall be filed by November 1, 2023, and the government's response shall be filed by November 8, 2023. SO ORDERED. ( Brief due by 11/1/2023. Responses to Brief due by 11/8/2023. Sentencing set for 11/22/2023 at 09:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. )(Signed by Judge Philip M. Halpern on 8/22/2023)(bw) (Entered: 08/22/2023)
8/21/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Francis L. O'Reilly dated August 21, 2023 re: Request to Adjourn Sentencing . Document filed by Roharil Cruz. (O'Reilly, Francis) (Entered: 08/21/2023)
5/8/2023STATUS REPORT Confirming Max Lamarche's Self-Surrender on May 8, 2023 by Max Jose Lamarche. (Maher, Sean) (Entered: 05/08/2023)
5/8/2023Terminate Deadlines and Hearings as to Roharil Cruz: 5/30/2023 Pretrial Conference terminated. (lnl) (Entered: 05/08/2023)
5/4/2023TRANSCRIPT of Proceedings as to Max Jose Lamarche re: Plea held on 4/6/2023 before Judge Philip M. Halpern. Court Reporter/Transcriber: Angela O'Donnell, (914) 390-4025, 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 5/25/2023. Redacted Transcript Deadline set for 6/5/2023. Release of Transcript Restriction set for 8/2/2023. (O'Donnell, Angela) (Entered: 05/04/2023)
5/4/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Max Jose Lamarche. Notice is hereby given that an official transcript of a Plea proceeding held on 4/6/2023 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.... (O'Donnell, Angela) (Entered: 05/04/2023)
5/2/2023TRANSCRIPT of Proceedings as to Roharil Cruz re: Plea held on 4/3/2023 before Judge Philip M. Halpern. Court Reporter/Transcriber: Angela O'Donnell, (914) 390-4025, 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 5/23/2023. Redacted Transcript Deadline set for 6/2/2023. Release of Transcript Restriction set for 7/31/2023. (O'Donnell, Angela) (Entered: 05/02/2023)
5/2/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Roharil Cruz. Notice is hereby given that an official transcript of a Plea proceeding held on 4/3/2023 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.... (O'Donnell, Angela) (Entered: 05/02/2023)
4/6/2023Set/Reset Deadlines/Hearings as to Max Jose Lamarche: Defendant Replies due by 9/5/2023. Government Responses due by 9/12/2023; Sentencing set for 9/26/2023 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern (jw) (Entered: 04/06/2023)
4/6/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Plea entered by Max Jose Lamarche (2) Guilty of Lesser Offense as to Count 1. (jw) (Entered: 04/06/2023)
4/6/2023Change of Not Guilty Plea to Guilty Plea as to Max Jose Lamarche (2) Count 1. (jw) (Entered: 04/06/2023)
4/6/2023Minute Entry for proceedings held before Judge Philip M. Halpern:Change of Plea Hearing as to Max Jose Lamarche held on 4/6/2023. The Defendant present with attorney Sean Maher. AUSA Timothy Ly standing in for Ben Klein and Jennifer Ong. Court Reporter Angela O'Donnell. Defendant withdrew his previously entered plea of not guilty and entered a plea of guilty to the lesser included offense charged in Count 1 of the Indictment. The Court accepted Defendant's guilty plea and scheduled sentencing on 9/26/2023 at 11:00 a.m. in Courtroom 520. The Court directed that a Pre-Sentence Investigation be done by the Probation Department. Defendants sentencing submission is due by 09/5/2023. Governments response is due by 09/12/2023. The Court vacated the final pretrial conference on 5/30/2023, and the trial on 6/5/2023. Application for bail is denied. Defendant is to voluntarily surrender to the U.S Marshal at 300 Quarropas Street, White Plains, N.Y on 5/8/2023 at 2:00 pm. Defense counsel is to notify the Court in writing that his client surrendered (jw) (Entered: 04/06/2023)
4/5/2023 LETTER by USA as to Max Jose Lamarche addressed to Judge Philip M. Halpern from AUSAs Benjamin Klein and Jennifer Ong dated April 5, 2023 re: Defendant Max Lamarche's Request for Continued Bail Document filed by USA. (Klein, Benjamin) (Entered: 04/05/2023)
4/4/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Sean M. Maher dated April 4, 2023 re: Continuation of bail conditions pending sentencing . Document filed by Max Jose Lamarche. (Attachments: # 1 Exhibit 1-3 (request to be filed under seal))(Maher, Sean) (Entered: 04/04/2023)
4/4/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Sean M. Maher dated April 4, 2023 re: Continuation of bail conditions pending sentencing . Document filed by Max Jose Lamarche. (Attachments: # 1 Exhibit 1-3 (request to be filed under seal))(Maher, Sean) (Entered: 04/04/2023)
4/3/2023Oral Order of Referral to Probation for Presentence Investigation and Report as to Roharil Cruz. (Signed by Judge Philip M. Halpern on 4/3/2023) (lnl) (Entered: 04/03/2023)
4/3/2023Minute Entry for proceedings held before Judge Philip M. Halpern: Change of Plea Hearing as to Roharil Cruz held on 4/3/2023. The Defendant present with attorney Francis L. O'Reilly. AUSA: Benjamin David Klein. Court Reporter: Angela O'Donnell. Defendant withdrew his previously entered plea of not guilty and entered a plea of guilty to the lesser included offense charged in Count 1 of the Indictment. The Court accepted Defendant's guilty plea and scheduled sentencing on 9/19/2023 at 11:00 a.m. in Courtroom 520. The Court directed that a Pre-Sentence Investigation be done by the Probation Department. Defendant's sentencing submission is due three (3) weeks before sentencing. Government's response is due two (2) weeks before sentencing. Defendant is remanded. (Sentencing set for 9/19/2023 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern) Plea entered by Roharil Cruz (1) Guilty of Lesser Offense as to Count 1. (lnl) (Entered: 04/03/2023)
3/31/2023SCHEDULING ORDER as to Max Jose Lamarche. The Court has scheduled a Change of Plea Hearing on April 6, 2023 at 2:30 p.m. in Courtroom 520 at the White Plains Courthouse. Per the SDNY COVID-19 Courthouse Entry Program, anyone who appears at any SDNY courthouse must complete a questionnaire. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact Chambers if you do not meet the requirements. (Change of Plea Hearing set for 4/6/2023 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern). (Signed by Judge Philip M. Halpern on 3/31/2023) (ap) (Entered: 03/31/2023)
3/31/2023***DELETED DOCUMENT. Deleted document number 99 SCHEDULING ORDER, as to Roharil Cruz, Max Jose Lamarche. The document was incorrectly filed in this case, as per Chambers via telephone on 3/31/2023. (ap) (Entered: 03/31/2023)
3/31/2023ENDORSED LETTER as to Roharil Cruz addressed to Judge Philip M. Halpern from AUSAs Jennifer N. Ong/Benjamin D. Klein re: The Government writes to request a date for a change-of-plea proceeding in the above-referenced case. As Your Honor knows, this case is scheduled for trial in June 2023, and the pretrial deadlines begin in April 2023. Accordingly, we would respectfully request that this proceeding be scheduled on Monday, April 3, 2023, if the Court has availability. ENDORSEMENT: Application granted. Defendant Cruz's change-of-plea hearing is scheduled for April 3, 2023 at 3:30 p.m. in Courtroom 520 of the White Plains courthouse. SO ORDERED. ( Change of Plea Hearing set for 4/3/2023 at 03:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. )(Signed by Judge Philip M. Halpern on 3/31/2023)(bw) (Entered: 03/31/2023)
3/1/2023MEMO ENDORSEMENT as to Roharil Cruz (1) granting 96 LETTER MOTION addressed to Judge Philip M. Halpern from Francis L. O'Reilly dated March 1, 2023 re: Request for CJA funds to test drugs. ENDORSEMENT: Application granted. (Signed by Judge Philip M. Halpern on 3/1/2023) (ap) (Entered: 03/01/2023)
3/1/2023 LETTER MOTION addressed to Judge Philip M. Halpern from Francis L. O'Reilly dated March 1, 2023 re: Request for CJA funds to test drugs . Document filed by Roharil Cruz. (O'Reilly, Francis) (Entered: 03/01/2023)
1/19/2023NOTICE OF ATTORNEY APPEARANCE: Diane Ferrone appearing for Roharil Cruz. Appearance Type: CJA Appointment. (Ferrone, Diane) (Entered: 01/19/2023)
12/20/2022Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Attorney Appointment Hearing as to Roharil Cruz held on 12/20/2022. Defendant present with Sam Braverman outgoing counsel. Incoming Counsel Frank OReilly present. AUSA Ben Klein for the Government. Change of counsel hearing held. Defendant requests appointment of new CJA counsel. Sam Braverman is relieved and Frank OReilly is appointed as counsel (Added attorney Francis J. O'Reilly for Roharil Cruz. Attorney Samuel Michael Braverman terminated in case as to Roharil Cruz.) (lnl) (Entered: 12/21/2022)
12/14/2022MEMO ENDORSEMENT as to Roharil Cruz on re: 93 FIRST MOTION to Appoint Counsel pursuant to the CJA Act and relieve current counsel at the request of the defendant. ENDORSEMENT: Defendant Cruz's request for a change of counsel hearing is referred the Magistrate Judge. (Signed by Judge Philip M. Halpern on 12/14/2022)(ap) (Entered: 12/14/2022)
12/13/2022FIRST MOTION to Appoint Counsel pursuant to the CJA Act and relieve current counsel at the request of the defendant. Document filed by Roharil Cruz as to Roharil Cruz, Max Jose Lamarche. (Braverman, Samuel) (Entered: 12/13/2022)
12/12/2022NOTICE OF ATTORNEY APPEARANCE Benjamin David Klein appearing for USA. (Klein, Benjamin) (Entered: 12/12/2022)
12/12/2022PRETRIAL SCHEDULING ORDER as to Roharil Cruz, Max Jose Lamarche. The parties are hereby notified that jury selection and trial in this action are scheduled to begin on June 5, 2023 at 09:30 a.m. Accordingly, the deadlines for pretrial submissions are as follows: 1. Rule 404(b) evidence (if any) shall be disclosed by no later than May 5, 2023. The government shall fully comply with the notice requirements set forth in Rule 404(b)(3), and supplement that disclosure with citation to caselaw authority for the proposed use. 2. The Government's 16(a)(1)(G) expert witness disclosures shall be made no later than May 5, 2023. 3. Motions in limine, including Daubert motion(s) and any government motion to admit or motion to oppose the use of Rule 404(b) evidence, shall be filed by May 5, 2023. Opposition shall be filed by May 12, 2023. No replies will be permitted. 4. Proposed voir dire, requests to charge with exact citation to authority, and a proposed verdict sheet shall be filed by April 28, 2023. The parties are directed to meet and confer and agree to the extent possible on the proposed charge. If the defendant disagrees on the charge, it should set forth its proposed charge immediately below the government's proposed charge (with citation to authority) so that the Court has one proposed charge. Counsel are also directed to meet and confer concerning proposed voir dire questions and prepare one document setting forth the questions agreed to by the parties and additional questions, if any, that the parties cannot agree to. Counsel for the parties shall also confer and provide to the Court a joint, concise written statement describing the case in an impartial, easily understood manner, for the Court to read to the jury panel prior to voir dire. 5. 3500 material and Giglio material, if any, shall be produced by May 22, 2023, with courtesy copies produced to the Court contemporaneously. 6. Marked government case-in-chief exhibits shall be produced by May 5, 2023, with courtesy copies produced to the Court contemporaneously. The government's exhibits shall be marked by numbers and defendant's exhibits by letters. Any objections to the governments case-in-chief exhibits shall be served and filed by May 12, 2023. 7. To the extent electronic media is to be used, counsel shall confer with the Courtroom Deputy and A/V Department to ensure the technology is working properly in advance of trial. 8. Counsel shall provide to the Court, not exchange, witness lists no later than May 22, 2023. The witness lists shall provide a brief description and the purpose of each witness to be offered. Counsel has a continuing obligation to supplement upon learning of any additional witnesses. 9. Counsel shall confer to agree on any stipulations of fact to be read into the record. The Court strongly encourages those stipulations to be reduced to writing, signed by counsel and the defendant, and submitted to the Court no later than three business days prior to trial. 10. Should the defendant choose to enter a plea of guilty, a Notice of Intent shall be filed at least two business days prior to the final pretrial conference and a copy of the plea agreement, if any, must be immediately provided to the Court by email. 11. Counsel should not expect the Court to hold bench conferences during trial to consider legal issues or evidentiary rulings that could have been raised before trial without a showing that counsel could not, by the exercise of due diligence, have anticipated them prior to trial. 12. The final pretrial conference is scheduled for May 30, 2023 at 10:00 a.m., Courtroom 520. 13. Jury selection and trial are scheduled to begin June 5, 2023 at 09:30 a.m. 14. Time is excluded under the Speedy Trial Act in the interest of justice though May 30, 2023. SO ORDERED. ( Final Pretrial Conference set for 5/30/2023 at 10:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. Jury Selection set for 6/5/2023 at 09:30AM before Judge Philip M. Halpern. Jury Trial set for 6/5/2023 at 09:30 AM before Judge Philip M. Halpern. )(Signed by Judge Philip M. Halpern on 12/12/2022)(bw) (Entered: 12/12/2022)
12/12/2022MEMORANDUM OPINION AND ORDER as to Roharil Cruz, Max Jose Lamarche. Roharil Cruz ("Cruz") and Max Jose Lamarche ("Lamarche" and together with Cruz, "Defendants") each stand charged in a one-count indictment of conspiracy to distribute narcotics in violation of 21 U.S.C. § 846. (Doc. 9). Pending presently before the Court are: (1) Defendants' joint motion to dismiss the indictment under Federal Rule of Criminal Procedure 12 (Doc. 66); (2) Lamarche's motion to suppress physical evidence and statements under Federal Rule of Criminal Procedure 12(b)(3) (Doc. 68); and (3) Lamarche's motion to sever his case under Federal Rule of Criminal Procedure 14 (id.). The Court held a status conference on November 9, 2022 and heard argument from the parties on the extant motions. (See Nov. 9, 2022 Min. Entry). Based upon the parties' written submissions, oral argument, and for the reasons set forth below, Defendants' motions are DENIED....[*** See this Memorandum Opinion And Order ***]... CONCLUSION: For the foregoing reasons, Defendants' joint motion to dismiss the indictment is DENIED and Lamarche's omnibus motion to suppress evidence and statements and to sever is DENIED. As noted during the November 9, 2022 conference, time has been excluded under the Speedy Trial Act through May 30, 2023. The Court will separately docket a Pretrial Scheduling Order. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/12/2022)(bw) (Entered: 12/12/2022)
11/23/2022Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Bond Hearing as to Roharil Cruz held on 11/23/2022. Defense Counsel: Samuel Braverman AUSA: Jennifer Ong PTS: Andrew Abbott. Bail/detention arguments heard. Bail denied based on risk of flight and danger to the community. Detention continued. (Court Reporter Courtflow) (ap) Modified on 11/28/2022 (ap). (Entered: 11/23/2022)
11/18/2022 LETTER MOTION addressed to Magistrate Judge Andrew E. Krause from United States of America dated 11/18/2022 re: Government's Opposition to Defendant's Bail Motion . Document filed by USA as to Roharil Cruz. (Attachments: # 1 Exhibit A - November 29, 2021 Transcript, # 2 Exhibit B - February 16, 2022 Transcript)(Ong, Jennifer) (Entered: 11/18/2022)
11/9/2022Minute Entry for proceedings held before Judge Philip M. Halpern: Status Conference as to Roharil Cruz, Max Jose Lamarche held on 11/9/2022. The defendant Cruz present with attorney Sam Braverman by teleconference AUSA: Jennifer Ong. The defendant LaMarche present with attorney Sean Maher by teleconference. Defendants Cruz and Lamarche consented, in executed written waivers and orally on the record, to waiving their physical appearance at today's conference. The Court accepted the waivers as knowing and voluntary, and determined that the waivers are appropriate under the CARES Act. The Court scheduled a Final Pretrial Conference on 5/30/2023 at 10:00 am in Courtroom 520, and scheduled Trial on 6/5/2023 at 9:00 am. The Court granted Government's motion, without objection from Defendant LaMarche, and over the objection of Defendant Cruz, to exclude time under the Speedy Trial Act from today until 5/30/2023 for the adjudication of the 2 pending motions, and for the effective preparation of subsequent matters herein. Defendant Cruz is remanded, and Defendant LaMarche's bail is continued. (Jury Trial set for 6/5/2023 at 09:00 AM before Judge Philip M. Halpern. Pretrial Conference set for 5/30/2023 at 10:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern) (Court Reporter Sue Ghoreyab) (ap) (Entered: 11/09/2022)
11/9/2022Consent to Proceed by Teleconference as to Max Jose Lamarche. (Signed by Judge Philip M. Halpern on 11/9/22)(jbo) (Entered: 11/09/2022)
11/9/2022Waiver of Right to be Present at Criminal Proceeding as to Max Jose Lamarche. (Signed by Judge Philip M. Halpern on 11/9/22)(jbo) (Entered: 11/09/2022)
11/9/2022Consent to Proceed by Teleconference as to Roharil Cruz. (Signed by Judge Philip M. Halpern on 11/9/22)(jbo) (Entered: 11/09/2022)
11/9/2022Waiver of Right to be Present at Criminal Proceeding as to Roharil Cruz. (Signed by Judge Philip M. Halpern on 11/9/22)(jbo) (Entered: 11/09/2022)
11/3/2022 LETTER by Roharil Cruz addressed to Judge Philip M. Halpern from Sam Braverman dated 11/3/2022 re: Defendant waiver of personal appearance at status conference and consent to appear by telephone at such conference (Attachments: # 1 Exhibit Waiver of Right to be Present at Criminal Proceeding, # 2 Exhibit Consent to Proceed by Teleconference)(Braverman, Samuel) (Entered: 11/03/2022)
11/3/2022NOTICE of Defendant Max Lamarche's Waiver to Right to be Physically Present and Consent to Proceed by Teleconference on November 9, 2022 as to Max Jose Lamarche (Maher, Sean) (Entered: 11/03/2022)
10/18/2022TRANSCRIPT of Proceedings as to Roharil Cruz, Max Jose Lamarche re: Conference held on 5/18/2022 before Judge Philip M. Halpern. Court Reporter/Transcriber: Angela O'Donnell, (914) 390-4025, 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. (O'Donnell, Angela) (Entered: 10/18/2022)
10/18/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Roharil Cruz, Max Jose Lamarche. Notice is hereby given that an official transcript of a Conference proceeding held on 5/18/2022 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.... (O'Donnell, Angela) (Entered: 10/18/2022)
10/12/2022 REPLY MEMORANDUM OF LAW in Support as to Roharil Cruz, Max Jose Lamarche re: 66 JOINT MOTION to Dismiss Indictment. . (Braverman, Samuel) (Entered: 10/12/2022)
10/12/2022ORDER as to Roharil Cruz (1) granting 77 IRST MOTION for Extension of Time to File Response/Reply. ENDORSEMENT: Granted. (Signed by Judge Philip M. Halpern on 10/12/2022) (ap) (Entered: 10/12/2022)
10/11/2022 REPLY MEMORANDUM OF LAW in Support as to Max Jose Lamarche re: 68 MOTION to Suppress Physical Evidence and Statements. MOTION to Sever Defendant . . (Maher, Sean) (Entered: 10/11/2022)
10/11/2022FIRST MOTION for Extension of Time to File Response/Reply . Document filed by Roharil Cruz. Return Date set for 10/11/2022 at 05:00 PM. (Braverman, Samuel) (Entered: 10/11/2022)
10/7/2022TRANSCRIPT of Proceedings as to Roharil Cruz re: Conference held on 08/03/2022 before Judge Philip M. Halpern. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102, 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 10/28/2022. Redacted Transcript Deadline set for 11/7/2022. Release of Transcript Restriction set for 1/5/2023. (Ginsberg, Darby) (Entered: 10/07/2022)
10/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Roharil Cruz. Notice is hereby given that an official transcript of a Conference proceeding held on 08/03/2022 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.... (Ginsberg, Darby) (Entered: 10/07/2022)
10/3/2022Set/Reset Deadlines/Hearings as to Max Jose Lamarche: Defense Replies due by 10/11/2022 (jw) (Entered: 10/04/2022)
10/3/2022MEMO ENDORSEMENT 73 LETTER MOTION addressed to Judge Philip M. Halpern from Sean M. Maher dated October 3, 2022 re: Extending the deadline to file all defense replies until October 11, 2022....ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Philip M. Halpern on 10/4/22) (jw) (Entered: 10/04/2022)
10/3/2022 LETTER MOTION addressed to Judge Philip M. Halpern from Sean M. Maher dated October 3, 2022 re: Extending the deadline to file all defense replies until October 11, 2022 . Document filed by Max Jose Lamarche. (Maher, Sean) (Entered: 10/03/2022)
9/28/2022MEMORANDUM in Opposition by USA as to Roharil Cruz, Max Jose Lamarche re 66 JOINT MOTION to Dismiss Indictment., 68 MOTION to Suppress Physical Evidence and Statements. MOTION to Sever Defendant .. (Attachments: # 1 Exhibit A - Photographs)(Ong, Jennifer) (Entered: 09/28/2022)
8/31/2022MEMORANDUM in Support by Max Jose Lamarche re 68 MOTION to Suppress Physical Evidence and Statements. MOTION to Sever Defendant .. (Attachments: # 1 Exhibit 1 - Indictment, # 2 Exhibit 2 - Lamarche complaint, # 3 Exhibit 3 - Cruz complaint, # 4 Exhibit 4 - FBI 302 report 06/10/2021, # 5 Exhibit 5 - FBI 302 report 06/07/2021)(Maher, Sean) (Entered: 08/31/2022)
8/31/2022DECLARATION of Max Lamarche in Support as to Max Jose Lamarche re: 68 MOTION to Suppress Physical Evidence and Statements. MOTION to Sever Defendant .. (Maher, Sean) (Entered: 08/31/2022)
8/31/2022DECLARATION of Sean M. Maher in Support as to Max Jose Lamarche re: 68 MOTION to Suppress Physical Evidence and Statements. MOTION to Sever Defendant .. (Maher, Sean) (Entered: 08/31/2022)
8/31/2022 MOTION to Suppress Physical Evidence and Statements., MOTION to Sever Defendant . Document filed by Max Jose Lamarche. (Maher, Sean) (Entered: 08/31/2022)
8/31/2022MEMORANDUM in Support by Roharil Cruz as to Roharil Cruz, Max Jose Lamarche re 66 JOINT MOTION to Dismiss Indictment.. (Attachments: # 1 Exhibit Indictment filed on Aug. 5, 2022, # 2 Exhibit Yonkers, NYPD Forensic Science Lab. Package, # 3 Exhibit DEA Table of Controlled Substances, # 4 Exhibit DEA Table of Scheduling Actions, # 5 Exhibit Joint Letter to Court dated Aug. 10, 2022)(Braverman, Samuel) (Entered: 08/31/2022)
8/31/2022JOINT MOTION to Dismiss Indictment. Document filed by Roharil Cruz as to Roharil Cruz, Max Jose Lamarche. (Braverman, Samuel) (Entered: 08/31/2022)
8/12/2022MEMO ENDORSEMENT as to Roharil Cruz (1), Max Jose Lamarche (2) terminating 64 LETTER MOTION addressed to Judge Philip M. Halpern from United States of America dated 8/10/2022 re: Joint Letter re Results of Meet and Confer. ENDORSEMENT: In light of the information set forth in this letter, the briefing schedule entered by the Court on August 3, 2022 remains in place. The Clerk of Court is respectfully requested to terminate the pending letter-motion (Doc. 64). (Signed by Judge Philip M. Halpern on 8/11/2022) (ap) (Entered: 08/12/2022)
8/10/2022 LETTER MOTION addressed to Judge Philip M. Halpern from United States of America dated 8/10/2022 re: Joint Letter re Results of Meet and Confer . Document filed by USA as to Roharil Cruz, Max Jose Lamarche. (Ong, Jennifer) (Entered: 08/10/2022)
8/3/2022MOTION SCHEDULING ORDER as to Roharil Cruz, Max Jose Lamarche. At today's status conference, the Court directed the parties to meet and confer concerning their respective positions concerning the fentanyl isomers included or not under the Controlled Substances Act and the necessity of motion practice concerning that issue. By August 10, 2022, the parties shall file a joint one-page letter advising the Court of the results of such meet and confer. The Court set the following briefing schedule for pretrial motions: 1. Defendants' motions, if any, shall be filed by August 31, 2022. 2. The government's opposition shall be filed by September 28, 2022. 3. Defendants' reply, if any, shall be filed by October 5, 2022. 4. Absent prior permission, sur-reply papers will not be accepted. The Court encourages and appreciates brevity. Absent prior permission, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages. Counsel shall submit a courtesy copy of all motion papers to Chambers. Any motion directed to the issue of isomers, as more specifically discussed at the conference, shall be filed jointly such that the submission of that motion includes one set of motion papers only; and any other motions contemplated by Defendants may be separately made. The next court date in this case is November 9, 2022 at 11:00 a.m. to be held by telephone. By November 2, 2022, defense counsel shall advise the Court in writing as to whether Defendants, after consultation with counsel, waive their right to be physically present and consent to appear by telephone for the proceeding. For the reasons stated on the record at today=s conference, time is excluded under the Speedy Trial Act in the interest of justice until November 9, 2022. SO ORDERED: ( Motions due by 8/31/2022; Responses due by 9/28/2022; Replies due by 10/5/2022. Telephone Conference set for 11/9/2022 at 11:00 AM before Judge Philip M. Halpern. )(Signed by Judge Philip M. Halpern on 8/3/2022)(bw) (Entered: 08/03/2022)
8/3/2022Minute Entry for proceedings held before Judge Philip M. Halpern: Status Conference as to Roharil Cruz, Max Jose Lamarche held on 8/3/2022. The defendant Cruz present with attorney Sam Braverman by teleconference. AUSA: Jennifer Ong. Court Reporter: Darby Ginsberg. The defendant LaMarche present with attorney Sean Maher by teleconference. AUSA: Jennifer Ong. Court Reporter: Darby Ginsberg. STATUS CONFERENCE HELD: Defendants Cruz and Lamarche consented, in executed written waivers and orally on the record, to waiving their physical appearance at today's conference. The Court accepted the waivers as knowing and voluntary, and determined that the waivers are appropriate under the CARES Act. The next status conference in this matter is scheduled for 11/9/2022 at 11:00 am by teleconference. The Court set a briefing schedule for pretrial motions. The Government moved without objection by the Defendants, to exclude time under the Speedy Trial Act from today until 11/9/2022 The Court granted the application to allow the parties to meet and confer concerning isomers, contemplate motion practice, and effective preparation of subsequent matters herein. Order to follow. (bw) (Entered: 08/03/2022)
8/3/2022WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Max Jose Lamarche. Accepted: (Signed by Judge Philip M. Halpern on 8/3/2022)(bw) (Entered: 08/03/2022)
8/3/2022CONSENT TO PROCEED BY TELECONFERENCE as to Max Jose Lamarche. This proceeding was conducted by AT&T teleconferencing technology. (Signed by Judge Philip M. Halpern on 8/3/2022)(bw) (Entered: 08/03/2022)
8/3/2022WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Roharil Cruz. Accepted: (Signed by Judge Philip M. Halpern on 8/3/2022)(bw) (Entered: 08/03/2022)
8/3/2022CONSENT TO PROCEED BY TELECONFERENCE as to Roharil Cruz. This proceeding was conducted by AT&T teleconferencing technology. (Signed by Judge Philip M. Halpern on 8/3/2022)(bw) (Entered: 08/03/2022)
8/3/2022 LETTER by Roharil Cruz as to Roharil Cruz, Max Jose Lamarche addressed to Judge Philip M. Halpern from Samuel M. Braverman dated August 3, 2022 re: Defendant waiver of personal appearance for status conference and consent to appear by telephone at such conference Document filed by Roharil Cruz. (Attachments: # 1 Exhibit Defendant consent to appear by telephone)(Braverman, Samuel) (Entered: 08/03/2022)
8/2/2022NOTICE of Defendant Max Lamarche's Waiver to Right to be Physically Present and Consent to Proceed by Teleconference as to Max Jose Lamarche (Maher, Sean) (Entered: 08/02/2022)
6/17/2022 LETTER by Roharil Cruz as to Roharil Cruz, Max Jose Lamarche addressed to Judge Philip M. Halpern from Sam Braverman dated June 17, 2022 re: Chemical Analysis Document filed by Roharil Cruz. (Braverman, Samuel) (Entered: 06/17/2022)
5/19/2022CONSENT TO PROCEED BY TELECONFERENCE as to Max Jose Lamarche. This proceeding was conducted by AT&T teleconferencing technology. (Signed by Judge Philip M. Halpern on 5/18/2022)(bw) (Entered: 05/19/2022)
5/18/2022ORAL ORDER as to Roharil Cruz, Max Jose Lamarche. Time excluded from 5/18/2022 until 8/3/2022. Status Conference set for 8/3/2022 at 11:00 AM before Judge Philip M. Halpern. (bw) (Entered: 05/19/2022)
5/18/2022Minute Entry for proceedings held before Judge Philip M. Halpern: Status Conference as to Roharil Cruz, Max Jose Lamarche held on 5/18/2022. The defendant Cruz present with attorney Michael Giordano standing in for Sam Braverman by teleconference. AUSA: Jennifer Ong. Court Reporter: AT&T recording. The defendant LaMarche present with attorney Sean Maher by teleconference. AUSA: Jennifer Ong. Court Reporter: AT&T recording. STATUS CONFERENCE HELD: Defendants Cruz and Lamarche consented, in executed written waivers and orally on the record, to waiving their physical appearance at todays conference. The Court accepted the waivers as knowing and voluntary, and determined that the waivers are appropriate under the CARES Act. Counsel advised that the drug samples will be sent to a lab in Pennsylvania and that it will take 30 days to get a report. The parties requested a 60-day adjournment for the drug sample to be tested and a lab report to be produced. The next status conference is scheduled for 11:00am on 8/3/2022 by teleconference. The Government moved, without objection from Defendants, to exclude time under the Speedy Trial Act from today until 8/3/2022 for the parties to continue discussing a possible pretrial resolution, contemplate setting a motion schedule, review discovery, and for the effective preparation of subsequent matters herein. That application was granted on the record. Defendant Cruz is remanded, and Defendant LaMarche's bail is continued. (bw) (Entered: 05/19/2022)
5/18/2022WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Max Jose Lamarche. Accepted: (Signed by Judge Philip M. Halpern on 5/18/2022)(bw) (Entered: 05/19/2022)
5/18/2022WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Roharil Cruz. Accepted: (Signed by Judge Philip M. Halpern on 5/18/2022)(bw) (Entered: 05/19/2022)
5/18/2022CONSENT TO PROCEED BY TELECONFERENCE as to Roharil Cruz. This proceeding was conducted by AT&T teleconferencing technology. (Signed by Judge Philip M. Halpern on 5/18/2022)(bw) (Entered: 05/19/2022)
5/17/2022NOTICE of Defendant Roharil Cruz's Waiver of Right to be Present at Criminal Proceeding and Consent to Proceed via Teleconference as to Roharil Cruz (Attachments: # 1 Exhibit Waiver of Right to be Present at Criminal Proceeding, # 2 Exhibit Consent to proceed by Teleconference)(Braverman, Samuel) (Entered: 05/17/2022)
5/17/2022NOTICE of Defendant Max Lamarche's Waiver to Right to be Physically Present and Consent to Proceed by Teleconference as to Max Jose Lamarche (Attachments: # 1 Exhibit Consent to proceed telephonically)(Maher, Sean) (Entered: 05/17/2022)
4/12/2022MEMO ENDORSED granting 43 Motion to Inspect as to Roharil Cruz (1), Max Jose Lamarche (2)... ENDORSEMENT: Defendant's motion is granted. Defendant is hereby permitted, at his expense pursuant to18 U.S.C. 3006A, to inspect and perform an independent chemical analysis of any controlled substances the Government intends to use at trial against Mr. Cruz or any co-conspirators, including the fentanyl analogue described herein. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/12/22) (jbo) (Entered: 04/12/2022)
4/11/2022 REPLY MEMORANDUM OF LAW in Support by Roharil Cruz as to Roharil Cruz, Max Jose Lamarche re: 43 MOTION to Inspect Alleged Drugs Recovered in this case. . (Braverman, Samuel) (Entered: 04/11/2022)
4/7/2022MEMO ENDORSEMENT as to Roharil Cruz on re: 44 LETTER RESPONSE to Motion by USA as to Roharil Cruz addressed to Judge Philip M. Halpern from United States of America. ENDORSEMENT: By April 11, 2022, defense counsel shall supplement its reply to respond to the Government's argument for assessing the cost on defendant of any independent lab testing that may be ordered by the Court (see p. 2). (Signed by Judge Philip M. Halpern on 4/7/2022) (ap) (Entered: 04/07/2022)
4/6/2022 REPLY MEMORANDUM OF LAW in Support by Roharil Cruz as to Roharil Cruz, Max Jose Lamarche re: 43 MOTION to Inspect Alleged Drugs Recovered in this case. . (Braverman, Samuel) (Entered: 04/06/2022)
3/30/2022MEMO ENDORSEMENT as to Roharil Cruz on re: 44 Response to Motion filed by USA...ENDORSEMENT...Defense counsel shall file reply to the Government's response to Defendant's motion to inspect by 4/6/2022 ( Replies due by 4/6/2022.) (Signed by Judge Philip M. Halpern on 3/30/22)(jw) (Entered: 03/30/2022)
3/30/2022LETTER RESPONSE to Motion by USA as to Roharil Cruz addressed to Judge Philip M. Halpern from United States of America dated 3/30/2022 re: 43 MOTION to Inspect Alleged Drugs Recovered in this case.. (Ong, Jennifer) (Entered: 03/30/2022)
3/24/2022 MOTION to Inspect Alleged Drugs Recovered in this case. Document filed by Roharil Cruz as to Roharil Cruz, Max Jose Lamarche. (Attachments: # 1 Text of Proposed Order Proposed Order)(Braverman, Samuel) (Entered: 03/24/2022)
3/21/2022TRANSCRIPT of Proceedings as to Roharil Cruz re: Hearing held on 02/16 before Judge Philip M. Halpern. Court Reporter/Transcriber: Pamela Grimaldi, (914) 390-4053, 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 4/11/2022. Redacted Transcript Deadline set for 4/21/2022. Release of Transcript Restriction set for 6/21/2022. (Grimaldi, Pamela) (Entered: 03/21/2022)
3/21/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Roharil Cruz. Notice is hereby given that an official transcript of a Hearing proceeding held on 02/16/2022 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.... (Grimaldi, Pamela) (Entered: 03/21/2022)
2/16/2022Minute Entry for proceedings held before Judge Philip M. Halpern: Bond Hearing as to Roharil Cruz held on 2/16/2022. The defendant present with attorney Sam Braverman by teleconference. AUSA: Jennifer Ong. Pretrial Officer: Andrew Abbott. BAIL REVIEW HEARING: Bail Review Hearing held by teleconference. Defendant consented, in an executed written waiver and orally on the record, to waiving his physical appearance at todays conference and consented to proceed by telephone. The Court accepted the waiver as knowing and voluntary, and determined that the waiver was appropriate under the CARES Act. The Court heard argument on Defendants application for a de novo bail review hearing. The Court determined that no condition or combination of conditions will reasonably assure the appearance of the person and safety of the community and bail is denied on the grounds of risk of flight and danger to the community. Defendant is remanded. (Court Reporter Pamela Grimaldi) (ap) (Entered: 02/16/2022)
2/16/2022CONSENT TO PROCEED BY TELECONFERENCE as to Roharil Cruz. (Signed by Judge Philip M. Halpern on 2/16/2022) (ap) (Entered: 02/16/2022)
2/11/2022ENDORSED LETTER as to Roharil Cruz addressed to Judge Philip M. Halpern, from Sam Braverman dated 2/11/2022 re: Defense counsel writes for permission to submit interim vouchers. ENDORSEMENT: Application granted. (Signed by Judge Philip M. Halpern on 2/11/2022) (ap) (Entered: 02/14/2022)
2/9/2022NOTICE of Consent to proceed via teleconference as to Roharil Cruz (Braverman, Samuel) (Entered: 02/09/2022)
2/9/2022LETTER RESPONSE in Opposition by USA as to Roharil Cruz addressed to Judge Philip M. Halpern from United States of America dated 2/9/2022 re: 34 MOTION for Bond . LETTER MOTION addressed to Judge Philip M. Halpern from Samuel M. Braverman dated February 2, 2022 re: Request for a Bond Hearing .. (Attachments: # 1 Exhibit A - Transcript)(Ong, Jennifer) (Entered: 02/09/2022)
2/3/2022SCHEDULING ORDER as to Roharil Cruz. De Novo Review in this case is scheduled on February 16, 2022 at 9:00 a.m. Because of the current public health emergency, the Court will conduct the conference by telephone conference call, if defendants waive their right to be physically present and consent to appear by teleconference after consultation with counsel. Accordingly, it is hereby ORDERED: 1. By February 14, 2022, defense counsel shall advise the Court in writing as to whether defendant, after consultation with counsel, waives his right to be physically present and consents to appear by video or telephone for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the proceeding by calling (888) 398-2342 and entering Access Code: 3456831#. 2. Counsel and defendant should call (888) 398-2342 and use Access Code 3456831#. SO ORDERED: (Signed by Judge Philip M. Halpern on 2/3/2022)(bw) (Entered: 02/03/2022)
2/3/2022MEMO ENDORSEMENT as to Roharil Cruz on re: 34 MOTION for Bond, LETTER MOTION addressed to Judge Philip M. Halpern from Attorney Samuel M. Braverman dated February 2, 2022 re: Request for a Bond Hearing. ENDORSEMENT: The Government is directed to file a response to this application by 2/9/2022. SO ORDERED. ( Responses due by 2/9/2022 )(Signed by Judge Philip M. Halpern on 2/3/2022)(bw) (Entered: 02/03/2022)
2/2/2022 MOTION for Bond ., LETTER MOTION addressed to Judge Philip M. Halpern from Samuel M. Braverman dated February 2, 2022 re: Request for a Bond Hearing . Document filed by Roharil Cruz as to Roharil Cruz, Max Jose Lamarche. (Braverman, Samuel) (Entered: 02/02/2022)
1/31/2022ORAL ORDER as to Roharil Cruz, Max Jose Lamarche. Time excluded from 1/31/2022 until 5/18/2022. Status Conference (by teleconference) set for 5/18/2022 at 11:00 AM before Judge Philip M. Halpern. (bw) (Entered: 01/31/2022)
1/31/2022Minute Entry for proceedings held before Judge Philip M. Halpern: Status Conference as to Roharil Cruz, Max Jose Lamarche held on 1/31/2022. Defendant present with attorney: Sam Braverman by teleconference. Defendant present with attorney: Sean Maher by teleconference. AUSA: Jennifer Ong. Court Reporter: Darby Ginsberg. Court Deputy: Frank Cangelosi. STATUS CONFERENCE HELD: Defendants Cruz and Lamarche consented, in executed written waivers and orally on the record, to waiving their physical appearance at today's conference. The Court accepted the waivers as knowing and voluntary, and determined that the waivers are appropriate under the CARES Act. The Government confirmed that all discovery has been produced. Defense counsel requested 60-90 days to review the discovery. The next status conference is scheduled for 11:00am on 5/18/2022 by teleconference. With respect to Cruz's oral application for a bail review hearing, Mr. Braverman must file a letter via ECF requesting a Bail Review Hearing and setting forth his client's position in support of the request. The Government will then have a week to respond, and the Court will schedule a hearing. The Government moved without objection by the Defendants, to excluding time under the Speedy Trial Act from today until 5/18/2022 to allow the parties to prepare and review discovery and continue discussing a possible pretrial resolution. That application was granted on the record. (bw) (Entered: 01/31/2022)
1/31/2022WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Max Jose Lamarche. Accepted: (Signed by Judge Philip M. Halpern on 1/31/2022)(bw) (Entered: 01/31/2022)
1/31/2022CONSENT TO PROCEED BY TELECONFERENCE as to Max Jose Lamarche. This proceeding was conducted by AT&T teleconferencing technology. (Signed by Judge Philip M. Halpern on 1/31/2022)(bw) (Entered: 01/31/2022)
1/31/2022WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Roharil Cruz. Accepted: (Signed by Judge Philip M. Halpern on 1/31/2022)(bw) (Entered: 01/31/2022)
1/31/2022CONSENT TO PROCEED BY TELECONFERENCE as to Roharil Cruz. This proceeding was conducted by AT&T teleconferencing technology. (Signed by Judge Philip M. Halpern on 1/31/2022)(bw) (Entered: 01/31/2022)
1/28/2022NOTICE of Consent to proceed by teleconference as to Roharil Cruz (Attachments: # 1 Exhibit Consent to proceed by teleconference)(Braverman, Samuel) (Entered: 01/28/2022)
1/28/2022NOTICE of Max Lamarche's consent to proceed by teleconference as to Max Jose Lamarche (Maher, Sean) (Entered: 01/28/2022)
1/28/2022NOTICE of Waiver of Right to Be Physically Present at Court Conference as to Max Jose Lamarche (Maher, Sean) (Entered: 01/28/2022)
11/29/2021Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Bond Hearing as to Roharil Cruz held on 11/29/2021. The defendant present with attorney Louis Fasulo for Sam Braverman. AUSA: Jennifer Ong. Arguments heard. Bail denied based on risk of flight and danger to the community. Detention continued. (Court Reporter Angie Shaw-Crockett) (ap) (Entered: 11/29/2021)
11/15/2021ORAL ORDER as to Max Jose Lamarche. Time excluded from 11/15/2021 until 1/31/2022. Telephone Conference set for 1/31/2022 at 11:00 AM before Judge Philip M. Halpern. (bw) (Entered: 11/15/2021)
11/15/2021Minute Entry for proceedings held before Judge Philip M. Halpern: Status Conference as to Max Jose Lamarche held on 11/15/2021. The defendant present with attorney Sean Maher by teleconference. AUSA: Jennifer Ong. Court Reporter: Angela O'Donnell. STATUS CONFERENCE HELD: Defendant consented, in an executed written waiver and orally on the record, to waiving his physical appearance at today's conference. The Court accepted the waiver as knowing and voluntary, and determined that the waiver was appropriate under the CARES Act. The Government indicated that most discovery has been produced. The Government is waiting on outstanding discovery which include Post Arrest Report and lab report for narcotics. The next status conference in this matter is scheduled on January 31, 2022 at 11:00am by teleconference. Government moved to exclude time under the Speedy Trial Act from today until January 31, 2022 for defendant and his counsel to review discovery and to continue to discuss a possible pretrial resolution. That application was granted without objection by the Defendant. Defendant's bail is continued. ( Teleconference 888-398-2342 3456831 ) (bw) (Entered: 11/15/2021)
11/15/2021ORAL ORDER as to Roharil Cruz. Time excluded from 11/15/2021 until 1/31/2022. as Telephone Conference set for 1/31/2022 at 11:00 AM before Judge Philip M. Halpern. (bw) (Entered: 11/15/2021)
11/15/2021Minute Entry for proceedings held before Judge Philip M. Halpern: Status Conference as to Roharil Cruz held on 11/15/2021. The defendant present with attorney Sam Braverman by teleconference. AUSA: Jennifer Ong. Court Reporter: Angela O'Donnell. STATUS CONFERENCE HELD: Defendant consented, in an executed written waiver and orally on the record, to waiving his physical appearance at today's conference. The Court accepted the waiver as knowing and voluntary, and determined that the waiver was appropriate under the CARES Act. The Government indicated that most discovery has been produced. The Government is waiting on outstanding discovery which includes a lab report for narcotics. The next status conference in this matter is scheduled on January 31, 2022 at 11:00am by teleconference. Government moved to exclude time under the Speedy Trial Act from today until January 31, 2022 for defendant and his counsel to review discovery and to continue to discuss a possible pretrial resolution. That application was granted without objection by the Defendant. Defense counsel indicated to the Court that he will be making a bail application request. Bail application is referred to the MJ. Defendant is remanded. ( Teleconference 888-398-2342 3456831 ) (bw) (Entered: 11/15/2021)
11/15/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Max Jose Lamarche. Accepted: (Signed by Judge Philip M. Halpern on 11/15/2021)(bw) (Entered: 11/15/2021)
11/15/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Roharil Cruz. Accepted: (Signed by Judge Philip M. Halpern on 11/15/2021)(bw) (Entered: 11/15/2021)
11/12/2021 LETTER by Roharil Cruz as to Roharil Cruz, Max Jose Lamarche addressed to Judge Philip M. Halpern from Samuel M. Braverman dated November 11, 2021 re: Consent to Appear Telephonically/By Video Document filed by Roharil Cruz. (Braverman, Samuel) (Entered: 11/12/2021)
11/10/2021NOTICE of Waiver of Right to Be Physically Present at Court Conference as to Max Jose Lamarche (Maher, Sean) (Entered: 11/10/2021)
9/24/2021STIPULATED PROTECTIVE ORDER as to Roharil Cruz, Max Jose Lamarche...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Philip M. Halpern on 9/23/2021) (ap) (Entered: 09/24/2021)
9/24/2021MEMO ENDORSEMENT as to Roharil Cruz (1), Max Jose Lamarche (2) granting 20 LETTER MOTION addressed to Judge Philip M. Halpern from United States of America dated 09/23/2021 re: Entry of Proposed Protective Order. ENDORSEMENT: Application granted. The protective order will be separately docketed. (Signed by Judge Philip M. Halpern on 9/24/2021) (ap) (Entered: 09/24/2021)
9/23/2021 LETTER MOTION addressed to Judge Philip M. Halpern from United States of America dated 09/23/2021 re: Entry of Proposed Protective Order . Document filed by USA as to Roharil Cruz, Max Jose Lamarche. (Attachments: # 1 Text of Proposed Order)(Ong, Jennifer) (Entered: 09/23/2021)
9/2/2021Minute Entry for proceedings held before Judge Philip M. Halpern: Pretrial Conference as to Max Jose Lamarche held on 9/2/2021. The defendant present with attorney Sean Maher by teleconference AUSA: Jennifer Ong. Court Reporter: Pamela Grimaldi. Defendant consented, in an executed written waiver to waiving his physical appearance at today's conference. The Court accepted the waiver as knowing and voluntary and determined that the waiver was appropriate under the CARES Act. The Government confirmed that it received its Rule 5(f) warning orally and in writing. Conference is adjourned to 11/15/21 at 10:30am on consent for the parties to produce and review discovery, contemplate motion practice, if any and to discuss a resolution. The Court excludes time until 11/15/21 in the interest of justice on consent. Bail is continued. Teleconference: 888-398-2342 3456831 (Pretrial Conference set for 11/15/2021 at 10:30 AM before Judge Philip M. Halpern) (lnl) (Entered: 09/02/2021)
9/2/2021Minute Entry for proceedings held before Judge Philip M. Halpern: Pretrial Conference as to Roharil Cruz held on 9/2/2021. The defendant NOT present with attorney Michael Giordano standing in for Sam Braverman by teleconference AUSA: Jennifer Ong. INITIAL CONFERENCE HELD: Defendant was not produced for today's conference. The Defendant consented, in an executed written waiver, to waiving his physical appearance at today's conference. The Court accepted the waiver as knowing and voluntary and determined that the waiver was appropriate under the CARES Act. The Government confirmed that it received its Rule 5(f) warning orally and in writing. Conference is adjourned to 11/15/21 at 11:00am on consent for the parties to produce and review discovery, contemplate motion practice, if any, and to discuss a potential resolution. The Court excludes time until 11/15/21 in the interest of justice on consent. (Pretrial Conference set for 11/15/2021 at 11:00 AM before Judge Philip M. Halpern) (Court Reporter Pamela Grimaldi) (ap) (Entered: 09/02/2021)
9/2/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Max Jose Lamarche. (Signed by Judge Philip M. Halpern on 9/2/2021) (lnl) (Entered: 09/02/2021)
9/2/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Roharil Cruz. (Signed by Judge Philip M. Halpern on 9/2/2021) (lnl) (Entered: 09/02/2021)
9/1/2021NOTICE of Waiver of Right to Be Physically Present at Court Conference as to Max Jose Lamarche (Maher, Sean) (Entered: 09/01/2021)
8/31/2021RULE 5(F) ORDER as to Max Jose Lamarche. (Signed by Magistrate Judge Andrew E. Krause on 8/31/2021) (ap) (Entered: 08/31/2021)
8/31/202115CJA 23 Financial Affidavit by Max Jose Lamarche. APPROVED. (Signed by Magistrate Judge Andrew E. Krause) (ap) (Entered: 08/31/2021)
8/31/2021Case as to Max Jose Lamarche REASSIGNED to Judge Philip M. Halpern. Judge Unassigned no longer assigned to the case. (ap) (Entered: 08/31/2021)
8/31/2021Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Plea entered by Max Jose Lamarche (2) Count 1 Not Guilty. (ap) (Entered: 08/31/2021)
8/31/2021Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Attorney Appointment Hearing as to Max Jose Lamarche held on 8/31/2021. Arraignment as to Max Jose Lamarche (2) Count 1 held on 8/31/2021. AUSA Jennifer Ong present for the Government. Defendant present with outgoing counsel Patrick Brackley. Incoming counsel Sean Maher, CJA, present. Patrick Brackley, retained counsel, relieved due to an unwaivable conflict. Financial affidavit approved and Sean Maher, CJA is appointed as counsel. The defendant was arraigned on the one count indictment, waives public reading, and enters a not guilty plea. The matter has been assigned to Judge Halpern. Rule 5 F obligations reviewed with the Government. Initial conference scheduled before Judge Halpern for September 2, 2021.at 11 am. Time is excluded under the Speedy Trial Act to that initial conference on 9/2/21. The defendant's bail is continued. (Pretrial Conference set for 9/2/2021 at 11:00 AM before Judge Philip M. Halpern) Added attorney Sean Michael Maher for Max Jose Lamarche. Attorney Patrick Jerome Brackley terminated in case as to Max Jose Lamarche. (Court Reporter Courtflow) (ap) (Entered: 08/31/2021)
8/20/2021SCHEDULING ORDER as to Max Jose Lamarche. TO ALL PARTIES: The Court has scheduled an arraignment on indictment for 8/24/2021 at 11 am before Magistrate Judge Paul E. Davison. The Court expects to conduct the proceeding in person at the Hon. Charles L. Brieant, Jr., Courthouse, 300 Quarropas Street, Courtroom 420, White Plains, NY 10601. Per the SDNY COVID-19 Courthouse Entry Program, anyone who appears at any SDNY courthouse must complete a questionnaire and have his or her temperature taken. The questionnaire is located on the Court's website at https://nysd.uscourts.gov/sites/default/files/2020-10/QR%20Sign%20-% 20Public_Media_v.5.pdf SO ORDERED: (Signed by Magistrate Judge Paul E. Davison on 8/20/2021)(bw) (Entered: 08/20/2021)
8/17/2021SCHEDULING ORDER as to Roharil Cruz. An Initial Conference in this matter is scheduled for September 2, 2021 at 11:00am. Because of the current public health emergency, the Court will conduct the conference by telephone conference call, provided that defendants waive their right to be physically present and consent to appear by telephone after consultation with counsel. Members of the press and public may call the same number below but will not be permitted to speak during the conference. Accordingly, it is hereby ORDERED: 1. Defense counsel shall complete a waiver for their clients right to be physically present and consent to appear by telephone. This waiver shall be submitted no later than 8/26/2021. 2. At the time of the scheduled hearing, all counsel and defendants shall attend by calling the following number and entering the access code when requested: Dial-In Number: (888) 398-2342, Access Code: 3456831. (Pretrial Conference set for 9/2/2021 at 11:00 AM before Judge Philip M. Halpern) (Signed by Judge Philip M. Halpern on 8/17/2021) (ap) (Entered: 08/17/2021)
8/17/2021Attorney update in case as to Roharil Cruz. Attorney Samuel Michael Braverman for Roharil Cruz added. Attorney Kerry Andrew Lawrence terminated (jw) (Entered: 08/17/2021)
8/17/2021RULE 5(F) ORDER as to Roharil Cruz. (Signed by Magistrate Judge Judith C. McCarthy on 8/17/2021) (ap) (Entered: 08/17/2021)
8/17/2021CONSENT TO PROCEED BY VIDEO OR TELE CONFERENCE as to Roharil Cruz. (Signed by Magistrate Judge Judith C. McCarthy on 8/17/2021) (ap) (Entered: 08/17/2021)
8/17/2021NOTICE OF CASE ASSIGNMENT as to Roharil Cruz to Judge Philip M. Halpern. Judge Unassigned no longer assigned to the case. (jw) (Entered: 08/17/2021)
8/17/2021Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Plea entered by Roharil Cruz (1) Count 1 Not Guilty. (jw) (Entered: 08/17/2021)
8/17/2021Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy:Arraignment as to Roharil Cruz (1) Count 1 held on 8/17/2021. Defendant present with Kerry Lawrence and Samuel Braverman. AUSA Jennifer Ong. Court Reporter WebEx. The defendant consented to proceed remotely. The Court relieved Kerry Lawrence as counsel and appointed Samuel Braverman to represent the defendant. The defendant was arraigned on the Indictment, waived public reading, and entered a not guilty plea. The matter is assigned to Judge Halpern. The speedy trial time has been excluded until the first pretrial conference before the district judge, not to exceed August 31, 2021. Any further exclusion of time must be made to the District Judge. Detention continued (jw) (Entered: 08/17/2021)
8/13/2021SCHEDULING ORDER as to Roharil Cruz. The Court has scheduled a change of counsel conference for August 17, 2021 at 11:00am before Magistrate Judge Judith C. McCarthy using the Cisco Webex platform. Counsel will be provided with a link to connect to the conference via video. Members of the press and public may call 855-244-8681 and enter access code 180 002 7957 to listen to the proceeding, but will not be permitted to speak during the conference (Attorney Appointment Hearing set for 8/17/2021 at 11:00 AM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 8/13/21)(jw) (Entered: 08/13/2021)
8/6/2021Case Designated ECF as to Roharil Cruz, Max Jose Lamarche. (lnl) (Entered: 08/06/2021)
8/5/2021 INDICTMENT FILED as to Roharil Cruz (1) count(s) 1, Max Jose Lamarche (2) count(s) 1. (lnl) (Entered: 08/06/2021)
7/29/2021AFFIRMATION of Jennifer N. Ong in Support by USA as to Max Jose Lamarche re: 7 Order to Continue - Interest of Justice. (ap) [7:21-mj-05811-UA] (Entered: 07/29/2021)
7/29/20212ND ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Max Jose Lamarche. Time excluded from 7/28/2021 until 8/25/2021. (Signed by Magistrate Judge Judith C. McCarthy on 7/28/2021) (ap) [7:21-mj-05811-UA] (Entered: 07/29/2021)
7/14/2021AFFIRMATION of Jennifer N. Ong in Support by USA as to Roharil Cruz re: 5 Order to Continue - Interest of Justice. (ap) [7:21-mj-06017-UA] (Entered: 07/15/2021)
7/14/2021ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Roharil Cruz. Time excluded from 7/14/2021 until 8/11/2021. (Signed by Magistrate Judge Judith C. McCarthy on 7/12/2021) (ap) [7:21-mj-06017-UA] (Entered: 07/15/2021)
6/30/2021AFFIRMATION of Jennifer Ong in Support by USA as to Max Jose Lamarche re: 5 Order to Continue - Interest of Justice. (lnl) [7:21-mj-05811-UA] (Entered: 07/01/2021)
6/30/2021ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Max Jose Lamarche. Time excluded from 6/30/2021 until 7/28/2021. (Signed by Magistrate Judge Andrew E. Krause on 6/30/2021) (lnl) [7:21-mj-05811-UA] (Entered: 07/01/2021)
6/18/20214CJA 23 Financial Affidavit by Roharil Cruz. APPROVED. (Signed by Magistrate Judge Judith C. McCarthy) (ap) [7:21-mj-06017-UA] (Entered: 06/21/2021)
6/18/2021CONSENT TO PROCEED BY VIDEO OR TELE CONFERENCE as to Roharil Cruz. (Signed by Magistrate Judge Judith C. McCarthy on 6/18/2021) (ap) [7:21-mj-06017-UA] (Entered: 06/21/2021)
6/18/2021Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Initial Appearance as to Roharil Cruz held on 6/18/2021. AUSAs Qais Ghafary and Jennifer Ong for the Government. Kerry Lawrence for the Defendant. BAIL DISPOSITION: DETENTION ON CONSENT W/O PREJUDICE. Defendant consented to proceed by remote means and was advised of his rights and the charges against him. Public reading of the complaint waived. Financial Affidavit approved. Kerry Lawrence appointed to represent the defendant. Defendant detained on consent without prejudice. Preliminary hearing 7/14/21 on Defendant's consent. (Court Reporter ATT Connect) (ap) [7:21-mj-06017-UA] (Entered: 06/21/2021)
6/18/2021Arrest of Roharil Cruz. (ap) [7:21-mj-06017-UA] (Entered: 06/21/2021)
6/18/2021 COMPLAINT as to Roharil Cruz (1). (Signed by Magistrate Judge Andrew E. Krause) (ap) [7:21-mj-06017-UA] (Entered: 06/21/2021)
6/7/2021NOTICE OF ATTORNEY APPEARANCE: Patrick Jerome Brackley appearing for Max Jose Lamarche. (ap) [7:21-mj-05811-UA] (Entered: 06/07/2021)
6/4/2021CONSENT TO PROCEED BY VIDEO OR TELE CONFERENCE as to Max Jose Lamarche. (Signed by Magistrate Judge Paul E. Davison on 6/4/2021) (ap) [7:21-mj-05811-UA] (Entered: 06/07/2021)
6/4/2021Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Initial Appearance as to Max Jose Lamarche held on 6/4/2021. Bond Hearing as to Max Jose Lamarche held on 6/4/2021. BAIL DISPOSITION: SEE TRANSCRIPT. $100,000 PRB 3 FRP SECURED BY $7,500.00; TRAVEL RESTRICTED TO SDNY/EDNY; SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS); AS DIRECTED BY PRETRIAL SERVICES; DRUG TESTING/TREATMT AS DIRECTED BY PTS; DEF. TO BE DETAINED UNTIL ALL CONDITIONS ARE MET. All parties appeared via Teams and ATT Connect: Defendant Max Lamarche, AUSA Jennifer Ong, Defense counsel Patrick Brackley. Pretrial Services Officer Andrew Abbott present by ATT Connect. After executing the remote consent, the defendant was advised of his rights and the charges against him and waives public reading. Bail hearing held, defendant to be released on bond when all conditions have been met. (See transcript). Preliminary hearing June 30, 2021 on Defendant's Consent. (Court Reporter ATT Connect) (ap) [7:21-mj-05811-UA] (Entered: 06/07/2021)
6/4/2021Arrest of Max Jose Lamarche. (ap) [7:21-mj-05811-UA] (Entered: 06/07/2021)
6/4/2021 COMPLAINT as to Max Jose Lamarche (1). (Signed by Magistrate Judge Paul E. Davison) (ap) [7:21-mj-05811-UA] (Entered: 06/07/2021)