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Since this appears to be a very large docket, we will only show 500 entries at at time.
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Filed: 12/21/2018, Entered: None |
Sealed document |
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 Request |
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Filed: 9/23/2020, Entered: 10/1/2020 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Revocation of Supervised Release as to Ronald Matthews held on 9/23/2020 as to Ronald Matthews. Defendant Ronald Matthews (31) present with attorney Mark DeMarco present. AUSA Allison Nichols present. Probation Officer Sandra Osman present. Court reporter Jennifer Thun present. The next VOSR hearing is 10/7/2020 at 3:00 PM. Defendant remained released on supervised release ( Revocation of Supervised Release set for 10/7/2020 at 03:00 PM before Judge Lewis A. Kaplan) (jw)
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| 1513 |
Filed: 9/18/2020, Entered: 9/18/2020 |
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ORDER as to 879974F. The attorney retained in this case, Eric R. Breslin, Esq., is hereby ordered to assume representation of the defendant in the above captioned matter in his capacity as a CJA attorney. (Signed by Judge Lewis A. Kaplan on 9/18/20)(jw)
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Request |
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| 1512 |
Filed: 9/18/2020, Entered: 9/18/2020 |
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ORDER as to Walter Jernigan. The attorney retained in this case, Inga L. Parsons, Esq, is hereby ordered to assume representation of the defendant in the above captioned matter in her capacity as a CJA attorney. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/18/20)(jw)
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Request |
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| 1511 |
Filed: 9/17/2020, Entered: 9/17/2020 |
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ORDER as to Laquan 4C7A6DD. The motion to vacate, set aside or correct his sentence by setting aside the convictionon Count 4 is denied, substantially for the reasons set forth in the government's oppositionmemoranda [16-cr-0212, DI 1505, DI 1508] ot which no reply has been filed despite the expirationof the extended period of time provided there or.A certificate of appealability is denied, and the Court certifies that any appealherefrom would not be taken in good faith within the meaning of 28 U.S.C. §1915(a)(3). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/17/2020)(jbo)
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Request |
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| 1510 |
Filed: 9/16/2020, Entered: 9/17/2020 |
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MOTION To Notification of 18 USC 3582(c)(1)(A)(i) COVID-19 Document filed by Walter Jernigan. (jw)
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Request |
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Filed: 8/7/2020, Entered: 8/7/2020 |
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Docket Annotation as to Rodrigo Gonzalez: a copy of DI 1494 was re-sent by First Class Mail to Rodrigo Gonzalez, Reg. No. 77483-054, FCI Williamsburg, Federal Correctional Institution, P.O. Box 340, Salters, SC 29590. (Mohan, Andrew)
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Filed: 8/7/2020, Entered: 8/7/2020 |
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Set/Reset Deadlines/Hearings as to Jaquan McIntosh: Movant Replies due by 10/7/2020 (jw)
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| 1509 |
Filed: 8/7/2020, Entered: 8/7/2020 |
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ORDER 1507 Motion as to Jaquan McIntosh. In all the circumstances, the latest motion [DI 1507 in 16-cr-0212 and DI 12 in 19-cv11966] is granted to the extent that the Court will reconsider its denial of the Section 2255 motion in light of any reply papers movant may file such that they are received by the Court on or before October 7, 2020. The Clerk shall mail a copy of this order to movant. SO ORDERED [**Mailed this Order to defendant Jaquan McIntosh on 8/7/2020**] (Signed by Judge Lewis A. Kaplan on 8/7/2020) (jw)
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Request |
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Filed: 8/6/2020, Entered: 8/6/2020 |
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REMARK: as to Rodrigo Gonzalez (8). RE: 1494 ORDER. On 8/6/2020, the Clerk of the Court has mailed a copy of this Order to: Rodrigo Gonzalez, Reg. No. 77483-054, FCI Williamsburg, Federal Correctional Institution, P.O. Box 340, Salters, SC 29590. (bw)
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Filed: 8/6/2020, Entered: 8/6/2020 |
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Received returned mail as to (16-Cr-212-08) Rodrigo Gonzalez re: 1494 Order on Motion to Reduce Sentence. Mail was addressed to: Rodrigo Gonzalez, 77485-054, FCI Williamsburg, P.O. Box 340, Salters, SC 29590 and was returned for the following reason(s): RETURN TO SENDER / INSUFFICIENT ADDRESS / UNABLE TO FORWARD. (bw)
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Filed: 7/31/2020, Entered: 7/31/2020 |
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ORDER terminating 1502 Motion recall mandate as to Jaquan McIntosh (5). (Signed by Judge Lewis A. Kaplan on 7/31/2020) (Kaplan, Lewis)
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| 1508 |
Filed: 7/28/2020, Entered: 7/28/2020 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from USA dated July 28, 2020 re: 1491 MOTION to Vacate under 28 U.S.C. 2255, 1505 Memorandum in Opposition to Motion re: Recent Second Circuit Opinion Supporting Denial of Pending Habeas Petition . Document filed by USA as to Laquan 4C7A6DD. (Nichols, Allison)
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Request |
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| 1507 |
Filed: 7/22/2020, Entered: 7/23/2020 |
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Petition For An Extension of Time To File A Reply To The Government's Response To Petitioner's Motion Pursuant To 28 U.S.C. 2255. Document filed (16-Cr-212-05) by Jaquan McIntosh. Dated: July 16th, 2020. [*** NOTE: Also docketed in Civil Case 19-Cv-11966(LAK), Doc.#12. ***] (bw)
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Request |
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| 1506 |
Filed: 7/19/2020, Entered: 7/19/2020 |
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ORDER terminating 1466 Motion 2255 as to Jaquan McIntosh (5). (Signed by Judge Lewis A. Kaplan on 7/19/2020) (Kaplan, Lewis)
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| 1505 |
Filed: 7/13/2020, Entered: 7/13/2020 |
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MEMORANDUM in Opposition by USA as to Laquan 4C7A6DD re 1491 MOTION to Vacate under 28 U.S.C. 2255. (Nichols, Allison)
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Request |
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Filed: 7/3/2020, Entered: 7/6/2020 |
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Set/Reset Deadlines as to Jaquan McIntosh: Replies due by 7/17/2020. (jbo)
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| 1503 |
Filed: 7/3/2020, Entered: 7/6/2020 |
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ORDER as to Jaquan McIntosh. Movant's motion to recall the mandate is treated as a motion for reconsideration. It is granted to the extent that the Court will reconsider its June 11, 2020 decision if movant files reply papers on or before July 17, 2020 in light of those reply papers. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/3/2020)(jbo)
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Request |
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| 1502 |
Filed: 6/30/2020, Entered: 7/2/2020 |
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MOTION To Recall Mandate. Document filed by Jaquan McIntosh. Refer to 19 cv 11966 (LAK) (jw)
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Request |
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| 1501 |
Filed: 6/29/2020, Entered: 6/29/2020 |
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MEMORANDUM & ORDER as to Peter Lewis. Accordingly, movant's motion [20-cv-2337, DI 1; 16-cr-0212, DI 1467] pursuant to 28 U.S.C. § 2255 is denied. A certificate of appealability is denied, and the Court certifies that any appeal here from would not be taken in good faith within the meaning of 28 U.S.C. § 1915(a)(3). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/29/2020)(jbo)
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Request |
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| 1500 |
Filed: 6/15/2020, Entered: 6/15/2020 |
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ORDER as to (16-Cr-212-27) Nicholas Bailey. Defendant has filed a pro se letter requesting a sentence reduction in light of the COVID-19 pandemic and the lockdown at the institution in which he is serving his sentence. The First Step Act requires that an inmate first apply to the warden of the inmate's institution. The Court's authority to reduce a sentence for extraordinary and compelling reasons does not begin until the expiration of thirty days after the inmate makes such an application. Accordingly, defendant's request is denied without prejudice to a new motion for a sentence reduction that shows that he has applied to the warden for a reduction and thirty days have passed since he did so. The Clerk shall mail a copy of this order to the defendant. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/13/2020)(bw); [*** NOTE: The Clerk of the Court has mailed a copy of this Order on 6/18/2020 TO: Nicholas Bailey, #77488-054, FCI Cumberland, Federal Correctional Institution, P.O. Box 1000, Cumberland, MD 21501 ***] Modified on 6/18/2020 (bw).
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Request |
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| 1504 |
Filed: 6/11/2020, Entered: 7/6/2020 |
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ORDER as to Jaquan McIntosh. A certificate of appealability is denied and the court has concluded than any appeal from this order would not be taken in good faith within the meaning of 28 U.S.C. 1915(a)(3). SO ORDERED.. (Signed by Judge Lewis A. Kaplan on 6/11/2020)(jbo)
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Request |
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| 1499 |
Filed: 6/4/2020, Entered: 6/4/2020 |
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MEMO ENDORSEMENT 1487 Motion to Reduce Sentence as to CED7C0B..ENDORSEMENT... Defendant moves for compassionate release or other relief after pleading guilty to Count Four of the Indictment, and admitted to using, carrying, and possessing a gun in furtherance of the 2Fly racketeering conspiracy and serving most of the 60 month term of imprisonment imposed. He argues that he as at risk of infection with COVID-19 by reasons of the conditions of his confinement and that release would be consistent with controlling USSG policy statements, that the risk of infection is an extraordinary and compelling circumstances, and that Section 3553(a) factors support release. The government disagrees on all counts. Among the government's arguments, which defendant disputes, is that USSG §1B1.13 is controlling here notwithstanding the subsequent enactment of the First Step Act.I put the dispute over the status of USSG § lB.1.13 to one side, assuming arguendo but not deciding that the Court is not bound by it. Even on that assumption, however, the Court is not persuaded. There is no suggestion that the defendant is at any greater risk of infection than inmates in general and, even more important, that he was any medical conditions that would put him at increased risk of death in the event he were to contract the disease. He is 25 years old and thus in a relatively favorable age cohort vis-a-vis the disease. Thus, while the COVID-19 pandemic is extraordinary in many respects, this defendant's situation would not be sufficiently extraordinary to warrant compassionate release even on the assumption that the Court is not bound by USSG § lBl.13. Further, in the Court's judgment, taking into account the offense of conviction and the defendant's criminal record, the Section 3553(a) factors counsel against compassionate release or any other relief for the reasons discussed by the government in paragraphs 2 and 3 of the discussion section of its letter memorandum. Dkt 1495, at 7-8. SO ORDERED (Signed by Judge Lewis A. Kaplan on 6/4/20) (jw)
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Request |
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| 1498 |
Filed: 6/3/2020, Entered: 6/3/2020 |
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REPLY MEMORANDUM OF LAW in Support as to CED7C0B re: 1487 MOTION to Reduce Sentence . . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Carvlin, Stephanie)
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Request |
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| 1497 |
Filed: 6/3/2020, Entered: 6/3/2020 |
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MEMO ENDORSEMENT as to Jaquan McIntosh on re: 1496 MOTION Petition for An Extension of Time To File A Reply To The Government's Response To Petitioner's Motion Pursuant To 28 U.S.C. 2255 filed by Jaquan McIntosh....ENDORSEMENT...Granted to the extent that time is extend to and including July 7, 2020. SO ORDERED. Clerk to mail this order to defendant (Defendant Replies due by 7/7/2020.) (Signed by Judge Lewis A. Kaplan on 6/3/20)(jw)
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Request |
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| 1496 |
Filed: 6/1/2020, Entered: 6/2/2020 |
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Petition for An Extension of Time To File A Reply To The Government's Response To Petitioner's Motion Pursuant To 28 U.S.C. 2255. Document filed by (16-Cr-212-05) Jaquan McIntosh. Dated: March 25th, 2020. [*** NOTE: Also docketed in Civil Case 19-Cv-11966(LAK), Doc.#7. ***] (bw)
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Request |
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| 1495 |
Filed: 5/29/2020, Entered: 5/29/2020 |
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LETTER RESPONSE in Opposition by USA as to CED7C0B addressed to Judge Lewis A. Kaplan from AUSA Drew Skinner dated May 29, 2020 re: 1487 MOTION to Reduce Sentence .. (Attachments: # 1 Exhibit Exhibit A)(Skinner, Drew)
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Request |
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Filed: 5/26/2020, Entered: 5/26/2020 |
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REMARK: as to Rodrigo Gonzalez (8). RE: 1494 ORDER. Chambers has mailed a copy of this Order on 5/26/2020 TO: Rodrigo Gonzalez, 77485-054, FCI Williamsburg, PO Box 340, Salters, SC 29590. (bw)
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| 1494 |
Filed: 5/23/2020, Entered: 5/23/2020 |
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ORDER denying 1493 Motion to Reduce Sentence as to Rodrigo Gonzalez (8). (Signed by Judge Lewis A. Kaplan on 5/23/2020) (Kaplan, Lewis)
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Request |
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| 1493 |
Filed: 5/23/2020, Entered: 5/23/2020 |
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MOTION to Reduce Sentence. Document filed by Rodrigo Gonzalez. (Kaplan, Lewis)
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Request |
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| 1492 |
Filed: 5/13/2020, Entered: 5/13/2020 |
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ORDER as to Laquan 4C7A6DD. The Government shall respond to movant's motion [DI 1] no later than July 13, 2020. Defendant shall file his reply, if any, within 60 days of the date that the government files its response (Government Responses due by 7/13/2020). Refer to 20 cv 3647 (LAK) (Signed by Judge Lewis A. Kaplan on 5/12/20)(jw)
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Request |
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| 1491 |
Filed: 5/11/2020, Entered: 5/11/2020 |
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MOTION to Vacate under 28 U.S.C. 2255. Document filed by Laquan 4C7A6DD. (rdz) Civil case 1:20-cv-03647 opened.
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Request |
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| 1490 |
Filed: 5/9/2020, Entered: 5/9/2020 |
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ORDER denying 1469 Motion for Release from Custody as to 6C70BF3 (50). (Signed by Judge Lewis A. Kaplan on 5/9/2020) (Kaplan, Lewis) (Main Document 1490 replaced on 6/1/2020) (bw).
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Request |
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| 1489 |
Filed: 5/8/2020, Entered: 5/8/2020 |
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MEMORANDUM in Support by CED7C0B re 1487 MOTION to Reduce Sentence .. (Carvlin, Stephanie)
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Request |
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| 1488 |
Filed: 5/8/2020, Entered: 5/8/2020 |
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DECLARATION of Stephanie Carvlin in Support as to CED7C0B re: 1487 MOTION to Reduce Sentence .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Carvlin, Stephanie)
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Request |
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| 1487 |
Filed: 5/8/2020, Entered: 5/8/2020 |
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MOTION to Reduce Sentence . Document filed by CED7C0B. (Carvlin, Stephanie)
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Request |
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Filed: 5/8/2020, Entered: 5/8/2020 |
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Jaquan McIntosh: Notice to Attorney Scotten, Hagan to RE-FILE Document 1486 Response in Opposition to Motion. Use the event type Memorandum in opposition to Motion found under the event list Replies, Opposition and Supporting Documents. (ka)
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| 1486 |
Filed: 5/7/2020, Entered: 5/7/2020 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition by USA as to Jaquan McIntosh re: 1466 MOTION., 1450 MOTION to Vacate under 28 U.S.C. 2255. (Attachments: # 1 Exhibit Plea Transcript, # 2 Exhibit Sentencing Transcript)(Scotten, Hagan) Modified on 5/8/2020 (ka).
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Request |
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| 1485 |
Filed: 5/5/2020, Entered: 5/5/2020 |
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LETTER by USA as to 6C70BF3 addressed to Judge Lewis A. Kaplan from USA dated May 5, 2020 re: Defendant's Compassionate Release Motion Document filed by USA. (Nichols, Allison)
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Request |
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| 1484 |
Filed: 5/1/2020, Entered: 5/1/2020 |
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MEMO ENDORSEMENT as to Jaquan McIntosh on re: 1483 LETTER by USA as to Jaquan McIntosh addressed to Judge Lewis A. Kaplan from AUSA Hagan Scotten dated April 30, 2020 re: McIntosh 2255 Response. ENDORSEMENT: So ordered. The government shall file its response on or before May 7, 2020. (Responses due by 5/7/2020) (Signed by Judge Lewis A. Kaplan on 5/1/2020) (ap)
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Request |
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| 1483 |
Filed: 4/30/2020, Entered: 4/30/2020 |
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LETTER by USA as to Jaquan McIntosh addressed to Judge Lewis A. Kaplan from AUSA Hagan Scotten dated April 30, 2020 re: McIntosh 2255 Response Document filed by USA. (Scotten, Hagan)
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Request |
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| 1482 |
Filed: 4/28/2020, Entered: 4/28/2020 |
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ORDER granting 1481 LETTER MOTION substitue counsel for Emile 879974F or 998E6CA as to Emile 998E6CA or 879974F (45). (Signed by Judge Lewis A. Kaplan on 4/28/2020) (Kaplan, Lewis)
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Request |
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| 1481 |
Filed: 4/28/2020, Entered: 4/28/2020 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Daniel McGuinness dated 04/27/2020 re: Request for Appointment of Counsel . Document filed by Emile 879974F or 998E6CA. (McGuinness, Daniel) Modified on 4/28/2020 (ka).
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Request |
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| 1480 |
Filed: 4/27/2020, Entered: 4/27/2020 |
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ORDER as to Emile 998E6CA or 879974F: In this case, the Court has been provided with no reason to believe that the defendant or anyone authorized to act on his behalf has applied to the BOP generally or the warden in particular for compassionate release. While there may be circumstances in which a court could be justified in excusing a failure to exhaust administrative remedies outlined above, a question on which I need not now pass, this Court declines to do so in all the circumstances of this request. This is not to say that the Court is unsympathetic to the concerns of inmates during this pandemic. But this is not an appropriate way to pursue compassionate release. The defendant himself is entirely free to apply for compassionate release within the BOP. He is free also to file his own motion with this Court. He may wish to contact the attorney who represented him in the criminal case for assistance. Application denied without prejudice. Defendant's counsel, Mr. Perlmutter, is directed to send copies of this order to the defendant and his sister. (Signed by Judge Lewis A. Kaplan on 4/27/2020) (See ORDER set forth) (ap)
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Request |
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| 1479 |
Filed: 4/27/2020, Entered: 4/27/2020 |
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LETTER by Emile 998E6CA or 879974F addressed to Judge Lewis A. Kaplan, from Kyiesha 998E6CA or 879974F dated 4/14/2020 re: Kyiesha 998E6CA or 879974F writes to request release of Defendant. (ap)
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Request |
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| 1478 |
Filed: 4/16/2020, Entered: 4/16/2020 |
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MEMORANDUM in Opposition by USA as to Peter Lewis re 1467 MOTION to Vacate under 28 U.S.C. 2255. (Feinstein, Jessica)
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Request |
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| 1477 |
Filed: 4/13/2020, Entered: 4/13/2020 |
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LETTER by USA as to 6C70BF3 addressed to Judge Lewis A. Kaplan from USA dated April 13, 2020 re: BOP Determination of Compassionate Release Request Document filed by USA. (Nichols, Allison)
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Request |
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Filed: 4/7/2020, Entered: 4/9/2020 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephonic oral argument heard re DI 1469 as to 6C70BF3 on 4/7/2020. Defendant 6C70BF3 did not participate, but attorney Ezra Spilke participated. AUSA Alison Nichols participated. Court reporter Steve Griffing present. Judge's Decision Reserved. (lnl)
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| 1476 |
Filed: 4/7/2020, Entered: 4/7/2020 |
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ORDER as to 6C70BF3: It is agreed on both sides that defendant has filed a compassionate release request with the warden of his facility and that the thirty day period has not run. They disagree as to whether the Court nevertheless may act now if it concludes that action would be appropriate. The issues relating to that question have been thoroughly discussed in Judge Nathan's very helpful opinion in United States v. Gross, No. 15-cr-769 (AJN) (S.D.N.Y. filed Apr. 6, 2020), so there is no need for immediate purposes for me to cover that ground again. Suffice it to say for now that: 1. The government shall file a letter immediately following any determination the BOP makes on defendant's request for compassionate release. The Court expects BOP to be able finally to resolve that request on or before April 15, 2020. If it has not done so, the Court will proceed to decide the motion pending before it after the further proceedings described below. 2. If the BOP has not finally resolved defendant's request in his favor on or before April 15, 2020, defendant shall file (a) language for a proposed modification of his sentence, and (b) any further submission in support of his motion, in each case on or before April 16, 2020. Any such submission shall address the question posed in the final paragraph of Judge Nathan's Gross opinion. 3. The government may file any response to any such defense submission, also addressing the same question, on or before April 18, 2020. 4. On request of either party communicated to the Court's deputy clerk, the Court will schedule telephone oral argument. (Motions due by 4/16/2020. Responses due by 4/18/2020) (Signed by Judge Lewis A. Kaplan on 4/7/2020) (ap)
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Request |
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Filed: 4/7/2020, Entered: 4/7/2020 |
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Docket Annotation as to 6C70BF3: The telephonic hearing on defendants motion for compassionate release is scheduled for April 7, 2020 at 10:30. The dial-in information is as follows:Phone number: 888-363-4749 Access code: 7664205
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| 1475 |
Filed: 4/6/2020, Entered: 4/6/2020 |
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LETTER by 6C70BF3 addressed to Judge Lewis A. Kaplan from Ezra Spilke dated April 6, 2020 re: enclosing medical records and recent authority (Spilke, Ezra)
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Request |
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| 1474 |
Filed: 4/6/2020, Entered: 4/6/2020 |
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LETTER addressed to Honorable Clerk re: Letter from Laquan 4C7A6DD requesting for an updated docket sheet (jw) (bw).
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Request |
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| 1473 |
Filed: 4/6/2020, Entered: 4/6/2020 |
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REPLY MEMORANDUM OF LAW in Support as to 6C70BF3 re: 1469 EMERGENCY MOTION for Release from Custody . . (Spilke, Ezra)
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Request |
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Filed: 4/3/2020, Entered: 4/3/2020 |
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 6C70BF3: Notice to Attorney Nichols, Allison to RE-FILE Document 1472 Response to Motion. Use the event type Letter found under the event list Other documents. (ka)
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| 1472 |
Filed: 4/3/2020, Entered: 4/3/2020 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion by USA as to 6C70BF3 re: 1469 EMERGENCY MOTION for Release from Custody. (Nichols, Allison) Modified on 4/3/2020 (ka).
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Request |
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| 1471 |
Filed: 3/31/2020, Entered: 3/31/2020 |
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MEMORANDUM in Support by 6C70BF3 re 1469 EMERGENCY MOTION for Release from Custody .. (Spilke, Ezra)
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Request |
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| 1470 |
Filed: 3/31/2020, Entered: 3/31/2020 |
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DECLARATION of Ezra Spilke, Esq. in Support as to 6C70BF3 re: 1469 EMERGENCY MOTION for Release from Custody .. (Spilke, Ezra)
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Request |
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| 1469 |
Filed: 3/31/2020, Entered: 3/31/2020 |
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EMERGENCY MOTION for Release from Custody . Document filed by 6C70BF3. (Spilke, Ezra)
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Request |
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| 1468 |
Filed: 3/17/2020, Entered: 3/17/2020 |
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ORDER as to Peter Lewis: The government shall respond to movant's motion [DI 1] no later than April 16, 2020. Defendant shall file his reply, if any, within 30 days of the date that the government files its response. (Responses due by 4/16/2020) (Signed by Judge Lewis A. Kaplan on 3/17/2020) (ap)
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Request |
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| 1467 |
Filed: 3/11/2020, Entered: 3/16/2020 |
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MOTION to Vacate under 28 U.S.C. 2255. Document filed by Peter Lewis. (sac) Civil case 1:20-cv-02337 opened.
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Request |
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| 1466 |
Filed: 3/9/2020, Entered: 3/9/2020 |
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MOTION Document filed by Jaquan McIntosh. (ap)
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Request |
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| 1465 |
Filed: 3/9/2020, Entered: 3/9/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 3EE6E88. Notice is hereby given that an official transcript of a Violation of Supervised Release proceeding held on 2/3/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Request |
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| 1464 |
Filed: 3/9/2020, Entered: 3/9/2020 |
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TRANSCRIPT of Proceedings as to 3EE6E88 re: Violation of Supervised Release held on 2/3/2020 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/30/2020. Redacted Transcript Deadline set for 4/9/2020. Release of Transcript Restriction set for 6/8/2020. (McGuirk, Kelly)
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Request |
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| 1463 |
Filed: 3/5/2020, Entered: 3/5/2020 |
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ORDER as to Jaquan McIntosh: The government shall respond to movant's motion [DI 3] no later than April 6, 2020. Its response should include the government's position as to whether the motion is timely. The government's attention is drawn to the statement in movant's earlier petition [DI l] concerning lockdown(s) at Big Sandy. Defendant shall file his reply, if any, within 30 days of the date that the government files its response. (Signed by Judge Lewis A. Kaplan on 3/5/2020) (ap)
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Request |
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| 1462 |
Filed: 2/26/2020, Entered: 2/26/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ronald Matthews. Notice is hereby given that an official transcript of a Conference proceeding held on 1/28/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Request |
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| 1461 |
Filed: 2/26/2020, Entered: 2/26/2020 |
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TRANSCRIPT of Proceedings as to Ronald Matthews re: Conference held on 1/28/2020 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2020. Redacted Transcript Deadline set for 3/30/2020. Release of Transcript Restriction set for 5/26/2020. (McGuirk, Kelly)
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Request |
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Filed: 2/3/2020, Entered: 2/4/2020 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Revocation of Supervised Release - Interim Hearing as to (16-Cr-212-12) 3EE6E88 held on 2/3/2020. VOSR hearing held before the Hon. Lewis A. Kaplan. Defendant 3EE6E88 (12) present with CJA attorney Matthew Myers. AUSA Hagan C. Scotten present. US Probation Officer Godwin Ogunmefun present. Court Reporter Jennifer Thun present. The Court approved the financial affidavit and appointed CJA attorney Matthew Myers as counsel. Defendant plead guilty to Spec 4 of the 11/21/2019 VOSR memo. The Court did not revoke, but rather restored the defendant and the term of supervised release pursuant to the 11/3/2017 J&C. (bw)
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| 1460 |
Filed: 2/3/2020, Entered: 2/4/2020 |
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CJA 23 Financial Affidavit by 3EE6E88. (Signed by Judge Lewis A. Kaplan) Attorney Matthew D. Myers (jw)
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| 1459 |
Filed: 2/3/2020, Entered: 2/3/2020 |
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ORDER as to 3EE6E88: The attorney retained in this case, Matthew D. Myers is hereby ordered to assume representation of the defendant in the above captioned matter in his capacity as a CJA atty. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/3/2020) (lnl)
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Request |
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| 1458 |
Filed: 2/3/2020, Entered: 2/3/2020 |
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ORDER as to 3EE6E88: TO THE UNITED STATES MARSHAL SOUTHERN DISTRICT OF NEW YORK: The defendant is hereby restored to supervised release pursuant to the judgment dated November 3,2017. IT IS HEREBY ORDERED that, provided there are no outstanding detainers against the defendant 3EE6E88, the defendant is discharged from the custody of the United States Marshal immediately and in accordance with any special conditions as directed by the Court. (Signed by Judge Lewis A. Kaplan on 2/3/2020) (lnl)
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Request |
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| 1457 |
Filed: 1/28/2020, Entered: 1/30/2020 |
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Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance on disposition sheet re: Revocation of Supervised Release as to 3EE6E88 held on 1/28/2020. Deft present with atty Rita Glavin. AUSA Hagan Scotten present. Detention: Risk of Danger. Defendant not able to meet his burden under Rule 32 that he would not be a danger to the community given the nature of the specification on the record in this case. Next conference set for 2/3/20 at 3pm. (jw)
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Request |
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 1456 |
Filed: 1/28/2020, Entered: 1/29/2020 |
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SEALED DOCUMENT placed in vault. (mhe)
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| |
Filed: 1/28/2020, Entered: 1/28/2020 |
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ORAL ORDER as to (16-Cr-212-31) Ronald Matthews. Status Conference (VOSR Hearing) set for 5/6/2020 at 03:00 PM before Judge Lewis A. Kaplan. (bw)
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Filed: 1/28/2020, Entered: 1/28/2020 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Revocation of Supervised Release - Interim Hearing as to (16-Cr-212-31) Ronald Matthews held on 1/28/2020. Violation of supervised release hearing held before district judge. Defendant Ronald Matthews (31) present with attorney Mark DeMarco present. AUSA Allison Nichols present. Probation Officer Sandra Osman present. Court reporter Michael Daniels present. As agreed by the parties and the defendant the outstanding term of supervised release will be modified to add the following additional special condition of supervision: The defendant shall participate in an inpatient drug treatment program approved by the U.S. Probation Office, which shall require a minimum of 60 days residence and the defendant shall complete the program satisfactorily. The program may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports, including the presentence report, to the substance abuse treatment provider as approved by the probation officer. The defendant will contribute to the cost of services rendered in an amount to be determined by the probation officer based on his ability to pay or the availability of third party payment. The next VOSR hearing is May 6, 2020 at 3:00 PM. Defendant remained released on supervised release. (bw)
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| 1455 |
Filed: 1/28/2020, Entered: 1/28/2020 |
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SEALED DOCUMENT placed in vault. (mhe)
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| 1454 |
Filed: 1/13/2020, Entered: 1/13/2020 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Andre Bent. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/19/17 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)
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Request |
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| 1453 |
Filed: 1/13/2020, Entered: 1/13/2020 |
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TRANSCRIPT of Proceedings as to Andre Bent re: Sentence held on 09/19/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/3/2020. Redacted Transcript Deadline set for 2/13/2020. Release of Transcript Restriction set for 4/13/2020. (McGuirk, Kelly)
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Request |
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| 1452 |
Filed: 1/13/2020, Entered: 1/13/2020 |
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MEMO ENDORSEMENT as to Andre Bent on re: 1451 LETTER addressed to Judge Lewis A. Kaplan from Defendant (S1-16-Cr-212-02) Andre Bent dated December 31, 2019 re: Comes Now, the petitioner, Andre Bent, in pro se, Who respectfully request that this Honorable Court issue an Order, Nun Pro Tunc, on its own motion clarifying the sentence it imposed on September 19, 2017, and issue a new Judgment and Commitment Order to achieve this Court's sentencing objective and to comply with the Plea Agreement entered into by the parties. ENDORSEMENT: The defendant claims that the Bureau of Prisons incorrectly has failed to deduct 80 months from the term of imprisonment imposed by this Court and requests that this Court "issue a New Judgment and Commitment Order reduced by the 80 months... " Regardless of whether the defendant is right or wrong on the merits, this Court is prohibited by 18 U.S.C. § 3582( c) from modifying the sentence it imposed absent circumstances not present here. Moreover, as another judge of this Court wrote in Jiminez v. United States, Nos. 99 Civ. 10798(SAS), 97 CR 752(SAS), 2000 WL 28164, at *2 (S.D.N.Y. Jan. 14, 2000): The Second Circuit has held that "the district court is without jurisdiction to compute sentencing credit if a prisoner... has not sought administrative review. Whaley, 148 F.3d 205,207 (2d Cir.1998) (citing United States v. Wilson, 503 U.S. 329, 333 (1992)). In addition, federal regulations, specifically 28 C.F.R. §§ 542.10-542.16, have afforded prisoners administrative review of the computation of their credits. Wilson, 503 U.S. at 335. It is only after administrative remedies are exhausted under these regulations that a prisoner can file a habeas petition under 28 U.S.C. § 2241 seeking judicial review of any jail-time credit determination. Rogers v. United States, 180 F.3d 349, 358 (1st Cir.1999) (request for credit for prior custody under 18 U.S.C. § 3585(b)(2) must first be made to the BOP); cf United States v. Pineyro, 112 F.3d 43, 45-46 (2d Cir.1997) (prisoner must exhaust administrative remedies before seeking review of designation of state facility as facility of confinement). Accord, Evans v. United States, 419 Fed. Appx. 53 (2d Cir. 2011) (summary order). Accordingly, defendant's request is denied. This ruling is without prejudice to defendant's filing a petition for a writ of habeas corpus under 28 U.S.C. § 2241 after he has exhausted any administrative remedies he may have within the BOP and the Department of Justice. (Signed by Judge Lewis A. Kaplan on 1/13/2020) (ap) Modified on 1/15/2020 (ap).
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Request |
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| 1451 |
Filed: 1/8/2020, Entered: 1/10/2020 |
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LETTER addressed to Judge Lewis A. Kaplan from Defendant (S1-16-Cr-212-02) Andre Bent dated December 31, 2019 re: Comes Now, the petitioner, Andre Bent, in pro se, Who respectfully request that this Honorable Court issue an Order, Nun Pro Tunc, on its own motion clarifying the sentence it imposed on September 19, 2017, and issue a new Judgment and Commitment Order to achieve this Court's sentencing objective and to comply with the Plea Agreement entered into by the parties. (bw)
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Request |
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| 1449 |
Filed: 1/2/2020, Entered: 1/2/2020 |
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LETTER by Jaquan McIntosh addressed to Judge Lewis A. Kaplan dated 12/16/19 re: Letter to the Court. (jbo)
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Request |
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| 1450 |
Filed: 12/16/2019, Entered: 1/7/2020 |
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MOTION to Vacate under 28 U.S.C. 2255. Document filed by Jaquan McIntosh. (sac) Civil case 1:19-cv-11966 opened.
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Request |
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| 1448 |
Filed: 11/18/2019, Entered: 11/18/2019 |
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SEALED DOCUMENT placed in vault. (rz)
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| 1447 |
Filed: 11/12/2019, Entered: 11/12/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 6E6BE7D. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/15/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Request |
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| 1446 |
Filed: 11/12/2019, Entered: 11/12/2019 |
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TRANSCRIPT of Proceedings as to 6E6BE7D re: Sentence held on 10/15/19 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/3/2019. Redacted Transcript Deadline set for 12/13/2019. Release of Transcript Restriction set for 2/10/2020. (McGuirk, Kelly)
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Request |
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| 1445 |
Filed: 10/18/2019, Entered: 10/18/2019 |
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SEALED DOCUMENT placed in vault. (mhe)
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| 1444 |
Filed: 10/17/2019, Entered: 10/17/2019 |
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JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) as to 6E6BE7D (53). The defendant admitted guilt to violation of condition 1 of the term of supervision. Open specifications dismissed on the motion of the Government. IMPRISONMENT: 18 Months. The defendant is remand to the custody of the United States Marshal. SUPERVISED RELEASE: 5 Years. (Signed by Judge Lewis A. Kaplan on 10/16/2019) (lnl)
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Request |
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| |
Filed: 10/15/2019, Entered: 10/16/2019 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Final Hearing re Revocation of Supervised Release as to 6E6BE7D held on 10/15/2019. Sentencing hearing held as to defendant 6E6BE7D (53). Defendant present with attorney David M. Rody. AUSA Ni Qian present. Defendant sentenced on specifications 1 & 15 of the 5/6/2019 amended VOSR memo. The defendant's current term of supervised release was revoked and a new term of incarceration of 18 months was imposed. The term of incarceration shall be followed by a 5 year term of supervised release subject to the previously imposed special conditions as well as the following two new special conditions: * The defendant shall not associate with any member or associate, or former member or associate, of the gangs or groups known, or formerly known as, the Bloods, Sex Money Murda, 2Fly, or Ygz (Young Gunz). * The defendant shall not associate with any person named as a defendant in this case. All open specifications are dismissed upon motion of the Government. Defendant remained remanded. (Court Reporter Kelly Surina) (ap) Modified on 10/17/2019 (ap).
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| 1443 |
Filed: 10/15/2019, Entered: 10/15/2019 |
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Sentencing Letter by USA as to 6E6BE7D addressed to Judge Lewis A. Kaplan from Ni Qian dated October 15, 2019 re: Sentencing of 6E6BE7D. (Qian, Ni)
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Request |
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| 1442 |
Filed: 10/7/2019, Entered: 10/7/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 6C70BF3. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/10/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Request |
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| 1441 |
Filed: 10/7/2019, Entered: 10/7/2019 |
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TRANSCRIPT of Proceedings as to 6C70BF3 re: Sentence held on 9/10/19 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2019. Redacted Transcript Deadline set for 11/7/2019. Release of Transcript Restriction set for 1/5/2020. (McGuirk, Kelly)
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Request |
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| 1440 |
Filed: 10/3/2019, Entered: 10/3/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ronald Matthews. Notice is hereby given that an official transcript of a Conference proceeding held on 9/4/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Request |
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| 1439 |
Filed: 10/3/2019, Entered: 10/3/2019 |
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TRANSCRIPT of Proceedings as to Ronald Matthews re: Conference held on 9/4/19 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/24/2019. Redacted Transcript Deadline set for 11/4/2019. Release of Transcript Restriction set for 1/1/2020. (McGuirk, Kelly)
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Request |
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| 1438 |
Filed: 9/16/2019, Entered: 9/16/2019 |
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ENDORSED LETTER as to 6C70BF3 addressed to Judge Lewis A. Kaplan, from Ezra Spilke dated 9/12/2019 re: Defense counsel writes to request an order appointing him to represent Defendant. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/16/2019) (ap)
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Request |
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| 1437 |
Filed: 9/12/2019, Entered: 9/12/2019 |
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SECOND JUDGMENT IN A CRIMINAL CASE (For Revocation of Supervised Release) as to 6C70BF3 (50), admitted guilt to violation of condition(s) Standard of the term of supervision. Imprisonment: 12 Months. No further term of supervised release. (Signed by Judge Lewis A. Kaplan on 9/12/2019)(jw)
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Request |
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| 1436 |
Filed: 9/12/2019, Entered: 9/12/2019 |
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ORDER as to 6C70BF3. The defendant is ordered remanded into the custody of the U.S. Marshal. (Signed by Judge Lewis A. Kaplan on 9/10/2019)(jw)
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Request |
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| 1435 |
Filed: 9/11/2019, Entered: 9/11/2019 |
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SEALED DOCUMENT placed in vault. (mhe)
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Filed: 9/10/2019, Entered: 9/12/2019 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: VOSR Hearing as to 6C70BF3 held on 9/10/2019. Defendant present with attorney Ezra Spilke present. AUSA Celia Allison Nochols present. US Probation officers Ji'vonne Gilmore and Erin Weinrauch present. Court reporter Jerry Harrison rauch present. Defendant was arraigned on the 8/12/2019 VOSR memo and denied the specifications. A plea allocution was then conducted and the defendant withdrew his earlier plea of denial and admitted to specification number 2. Defendant was sentenced to 12 months incarceration. No further term of supervised release was imposed. Defendant was ordered remanded. VOSR specification number 1 was dismissed upon motion of the Government. (lnl)
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Filed: 9/4/2019, Entered: 9/4/2019 |
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Set/Reset Hearings as to Ronald Matthews: Preliminary Revocation Hearing set for 12/2/2019 at 02:30 PM before Judge Lewis A. Kaplan. (jbo)
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Filed: 9/4/2019, Entered: 9/4/2019 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Initial Appearance re: Revocation of Supervised Release as to Ronald Matthews held on 9/4/2019. Defendant Ronald Matthews (31) present with attorney Mark DeMarco present. AUSA Allison Nichols present. Probation Officer Sandra Osman present. Court reporter Rebecca Forman present. Defendant arraigned on the VOSR and denied the specifications. The next appearance is 12/2/2019 at 2:30 PM. Defendant remained on supervised release. (jbo)
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| 1434 |
Filed: 9/3/2019, Entered: 9/3/2019 |
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SEALED DOCUMENT placed in vault. (rz)
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| Save 25% on a pre-paid one year subscription. |
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| 1433 |
Filed: 9/3/2019, Entered: 9/3/2019 |
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SEALED DOCUMENT placed in vault. (rz)
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| 1432 |
Filed: 9/3/2019, Entered: 9/3/2019 |
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SEALED DOCUMENT placed in vault. (rz)
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| 1431 |
Filed: 9/3/2019, Entered: 9/3/2019 |
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SEALED DOCUMENT placed in vault. (rz)
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| 1430 |
Filed: 9/3/2019, Entered: 9/3/2019 |
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SEALED DOCUMENT placed in vault. (rz)
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| 1429 |
Filed: 9/3/2019, Entered: 9/3/2019 |
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SEALED DOCUMENT placed in vault. (rz)
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| 1428 |
Filed: 9/3/2019, Entered: 9/3/2019 |
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SEALED DOCUMENT placed in vault. (rz)
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| 1427 |
Filed: 8/29/2019, Entered: 8/29/2019 |
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MEMO ENDORSEMENT as to (16-Cr-212-50) 6C70BF3 on re: 1426 LETTER MOTION filed by 6C70BF3 addressed to Judge Lewis A. Kaplan from Attorney Ezra Spilke dated August 28, 2019 re: adjournment of VOSR hearing, scheduled for September 5. ENDORSEMENT: Rescheduled 9/10/19 at 2pm. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 8/29/2019)(bw)
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Request |
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| 1426 |
Filed: 8/28/2019, Entered: 8/28/2019 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Ezra Spilke dated August 28, 2019 re: adjournment of VOSR hearing . Document filed by 6C70BF3. (Spilke, Ezra)
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Request |
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| 1425 |
Filed: 8/9/2019, Entered: 8/9/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 2353901. Notice is hereby given that an official transcript of a Violation of Supervised Release proceeding held on 6/20/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Request |
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| 1424 |
Filed: 8/9/2019, Entered: 8/9/2019 |
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TRANSCRIPT of Proceedings as to 2353901 re: Violation of Supervised Release held on 6/20/19 before Judge Lewis A. Kaplan. 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 8/30/2019. Redacted Transcript Deadline set for 9/9/2019. Release of Transcript Restriction set for 11/7/2019. (McGuirk, Kelly)
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Request |
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| 1423 |
Filed: 7/25/2019, Entered: 7/25/2019 |
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TRANSCRIPT of Proceedings as to 6C70BF3 re: Violation of Supervised Release held on 06/25/2019 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/15/2019. Redacted Transcript Deadline set for 8/26/2019. Release of Transcript Restriction set for 10/23/2019. (McGuirk, Kelly)
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Request |
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| 1422 |
Filed: 7/25/2019, Entered: 7/25/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 6C70BF3. Notice is hereby given that an official transcript of a Violation of Supervised Release proceeding held on 06/25/2019 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)
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Request |
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| 1421 |
Filed: 7/17/2019, Entered: 7/17/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 2353901. Notice is hereby given that an official transcript of a Violation of Supervised Release proceeding held on 6/20/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Request |
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| 1420 |
Filed: 7/17/2019, Entered: 7/17/2019 |
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TRANSCRIPT of Proceedings as to 2353901 re: Violation of Supervised Release held on 6/20/19 before Judge Lewis A. Kaplan. 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 8/7/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/15/2019. (McGuirk, Kelly)
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Request |
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| 1419 |
Filed: 7/9/2019, Entered: 7/9/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 2353901. Notice is hereby given that an official transcript of a Hearing proceeding held on 6/11/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Request |
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| 1418 |
Filed: 7/9/2019, Entered: 7/9/2019 |
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TRANSCRIPT of Proceedings as to 2353901 re: Hearing held on 6/11/19 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/30/2019. Redacted Transcript Deadline set for 8/9/2019. Release of Transcript Restriction set for 10/7/2019. (McGuirk, Kelly)
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Request |
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| 1417 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 2353901. Notice is hereby given that an official transcript of a Hearing proceeding held on 6/11/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Request |
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| 1416 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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TRANSCRIPT of Proceedings as to 2353901 re: Hearing held on 6/11/19 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019. (McGuirk, Kelly)
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Request |
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| 1415 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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SEALED DOCUMENT placed in vault. (mhe)
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| 1414 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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SEALED DOCUMENT placed in vault. (mhe)
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| 1413 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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SEALED DOCUMENT placed in vault. (mhe)
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| 1412 |
Filed: 6/26/2019, Entered: 6/26/2019 |
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JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) as to 6C70BF3 (50). THE DEFENDANT: admitted guilt to violation of Mandatory and Special conditions of the term of supervision. Upon the motion of the Government, Specification No. 3 is dismissed. IMPRISONMENT: TIME SERVED. SUPERVISED RELEASE: 41 Months subject to the mandatory, standard, and following special conditions of supervised release: The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be ground for revocation of his supervised release. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. The defendant shall participate in a mental health program approved by the U.S. Probation Department. The defendant shall abide by all rules, requirements, and conditions of such program(s) and shall take prescribed medications as directed. The defendant shall waive his right of confidentiality in any records relating to mental health assessment and treatment imposed as a consequence of this judgment to allow the probation officer to review his course of treatment and progress with the treatment provider. Additionally the medical records and correspondence submitted to the Court in regards to the 6/25/2019 sentencing hearing shall be provided to his mental health provider. The defendant shall report to the nearest probation office within 72 hours after he is released from custody. (Signed by Judge Lewis A. Kaplan on 6/26/2019) (ap)
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Request |
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| 1411 |
Filed: 6/26/2019, Entered: 6/26/2019 |
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ORDER as to 6C70BF3 The Court having today sentenced this defendant to time served, IT IS HEREBY ORDERED that, provided there are no outstanding detainers against the defendant 6C70BF3, this defendant is discharged from the custody of the United States Marshal immediately and in accordance with any special conditions as directed by the Court. (Signed by Judge Lewis A. Kaplan on 6/25/2019) (ap)
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Request |
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| |
Filed: 6/25/2019, Entered: 6/25/2019 |
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|
Minute Entry for proceedings held before Judge Lewis A. Kaplan: Final Hearing re Revocation of Supervised Release as to 6C70BF3 held on 6/25/2019. Defendant present with attorney Ezra Spilke present. AUSA Allison Nochols. US Probation officer Adam Pakula present. Court reporter Mike McDaniel present. The Court found the defendant competent to enter a plea and instructed the USAO to submit a proposed order to that effect. Defendant 6C70BF3 admitted guilt as to specifications 1 & 2 of the 8/20/2018 VOSR memorandum. The Court revoked defendant 6C70BF3 current term of supervised release and sentenced the defendant to a term of Time Served to be followed by a new 41 month term of supervised release subject to the mandatory, standard, and previously imposed special conditions as well as the following new special condition: The defendant shall participate in a mental health program approved by the U.S. Probation Department. The defendant shall abide by all rules, requirements, and conditions of such program(s) and shall take prescribed medications as directed. The defendant shall waive his right of confidentiality in any records relating to mental health assessment and treatment imposed as a consequence of this judgment to allow the probation officer to review his course of treatment and progress with the treatment provider. Additionally the medical records and correspondence submitted to the Court in regards to this hearing shall be provided to his mental health provider. (jbo)
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| 1410 |
Filed: 6/24/2019, Entered: 6/24/2019 |
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Sentencing Letter by 6C70BF3 addressed to Judge Lewis A. Kaplan from Ezra Spilke dated June 24, 2019. (Spilke, Ezra)
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Request |
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| 1409 |
Filed: 6/20/2019, Entered: 6/20/2019 |
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JUDGMENT IN A CRIMINAL CASE (For Revocation of Probation or Supervised Release) as to 2353901 (13). THE DEFENDANT: was found in violation of Mandatory conditions after denial of guilt. The defendant has not violated condition Specs. 1 & 3 and is discharged as to such violation conditions. IMPRISONMENT: 3 Months. The defendant is remanded to the custody of the United States Marshal. See SUPERVISED RELEASE: 2 Years subject to the mandatory, standard, and following special conditions of supervision. (Signed by Judge Lewis A. Kaplan on 6/20/2019) (ap)
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Request |
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| 1408 |
Filed: 6/20/2019, Entered: 6/20/2019 |
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ORDER as to 2353901: The defendant is ordered remanded into the custody of the U.S. Marshal. (Signed by Judge Lewis A. Kaplan on 6/20/2019) (ap)
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Request |
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| |
Filed: 6/20/2019, Entered: 6/20/2019 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Final Hearing re Revocation of Supervised Release as to 2353901 held on 6/20/2019. VOSR Sentencing hearing held regarding defendant 2353901 (13). Defendant present with attorneys Michael Gilbert and Margaret P. Mortimer. AUSAs Thomas J. Wright and Jessica Feinstein present. US Probation officer Michael Wasmer present for Officer Michael Nicholson present. Court reporter Steven Greenblum present. Defendant sentenced as to the violation on specification no. 2 of the 8/24/2018 U.S. Probation Department violation memo. Defendant's current term of supervision was revoked and he was sentenced to 3 months incarceration to be followed by 33 months of supervised release subject to all the same special conditions previously imposed in addition to the following new conditions: * The defendant shall complete an anger management program as approved by Probation. * That the defendant have no contact, whether in-person, electronic, or otherwise, with Ms. Kadian Hyman Edwards without the prior approval of the probation officer and that the contact be regarding arranging child care of their daughter, Dallas 2353901. Defendant was remanded. (lnl)
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| 1407 |
Filed: 6/19/2019, Entered: 6/19/2019 |
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LETTER by 2353901 addressed to Judge Lewis A. Kaplan from Michael J. Gilbert dated June 19, 2019 re: Reply to Sentencing Letter by USA (Gilbert, Michael)
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Request |
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| 1406 |
Filed: 6/19/2019, Entered: 6/19/2019 |
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Sentencing Letter by USA as to 2353901 addressed to Judge Lewis A. Kaplan from AUSA Thomas John Wright dated June 19, 2019 re: Government's Sentencing Submission. (Wright, Thomas)
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Request |
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| 1405 |
Filed: 6/18/2019, Entered: 6/18/2019 |
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SENTENCING SUBMISSION by 2353901. (Gilbert, Michael)
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Request |
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| 1404 |
Filed: 6/18/2019, Entered: 6/18/2019 |
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SEALED DOCUMENT placed in vault. (mhe)
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| 1403 |
Filed: 6/18/2019, Entered: 6/18/2019 |
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SEALED DOCUMENT placed in vault. (mhe)
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| 1402 |
Filed: 6/13/2019, Entered: 6/13/2019 |
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ORDER as to 6E6BE7D: IT IS HEREBY ORDERED that the defendant's admission to the violation of supervised release is accepted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/10/2019) (lnl)
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Request |
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| |
Filed: 6/11/2019, Entered: 6/12/2019 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: VOSR Evidentiary Hearing continued from 5/23/2019 as to 2353901 held on 6/11/2019. Defendant present with attorneys Michael Gilbert and Margaret P. Mortimer. AUSAs Thomas J. Wright and Jessica Feinstein present. US Probation officer Michael Nicholson present. Court reporter Vincent Bologna present. The evidentiary hearing regarding the 8/24/2018 U.S. Probation Department violation memo was continued and concluded. The Court found defendant 2353901 (13) in violation of specification 2, but concluded that the Government had not met its burden as to proving specifications 1 and 3. Sentencing on specification 2 scheduled for 6/20/2019 at 2:00 PM. Defendant remained released on supervised release with the following additional special condition of supervised release imposed: That the defendant have no contact whatsoever with Ms. Kadian Hyman Edwards either himself or others on his behalf in any form whatsoever, in person, digital or otherwise. (Final Hearing re Revocation of Supervised Release set for 6/20/2019 at 02:00 PM before Judge Lewis A. Kaplan.) (jbo)
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| 1401 |
Filed: 6/11/2019, Entered: 6/11/2019 |
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LETTER by 6C70BF3 addressed to Judge Lewis A. Kaplan from Ezra Spilke dated June 11, 2019 re: enclosing medical records (Spilke, Ezra)
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Request |
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| 1400 |
Filed: 6/10/2019, Entered: 6/10/2019 |
|
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ORDER as to AD57343: Defendant AD57343 seeks to vacate his sentence pursuant to 28 U.S.C. § 2255 on the basis of ineffective assistance of counsel. The Court concludes that a hearing is unnecessary to resolve the motion and the papers conclusively show that the defendant is not entitled to relief substantially for the reasons set forth in the government's brief [16-cr-212-24, DI 1390]. A certificate of appealability is denied. The Court concludes that any appeal here from would not be taken in good faith within the meaning of28 U.S.C. § 1915. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/10/2019) (Docketed in Civil Case No. 1:18-cv-3037(LAK)) (lnl)
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Request |
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| 1399 |
Filed: 6/6/2019, Entered: 6/6/2019 |
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CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Ezra Spilke dated June 6, 2019 re: adjournment of interim VOSR hearing . Document filed by 6C70BF3. (Spilke, Ezra)
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Request |
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| 1398 |
Filed: 6/4/2019, Entered: 6/4/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 2353901. Notice is hereby given that an official transcript of a Hearing proceeding held on 5/23/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Request |
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| 1397 |
Filed: 6/4/2019, Entered: 6/4/2019 |
|
|
TRANSCRIPT of Proceedings as to 2353901 re: Hearing held on 5/23/19 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/25/2019. Redacted Transcript Deadline set for 7/5/2019. Release of Transcript Restriction set for 9/3/2019. (McGuirk, Kelly)
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Request |
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| 1396 |
Filed: 6/4/2019, Entered: 6/4/2019 |
|
|
ORDER as to 2353901: IT IS HEREBY ORDERED that the materials specified above in the files of the NYPD, the Office of the Bronx County District Attorney, and any related court reporting service be unsealed and made available to counsel for 2353901 and the United States Attorney's Office for the Southern District of New York. IT IS FURTHER ORDERED that any such materials shall not include personal identifying information relating to individuals other than Gabrielle Perkins and Kadian Hyman-Edwards. (Signed by Judge Alison J. Nathan, Part I on 6/4/2019) (See ORDER set forth) (ap) Modified on 6/4/2019 (ap).
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Request |
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| |
Filed: 5/31/2019, Entered: 5/31/2019 |
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Transmission of USCA Mandate/Order to the District Judge re: 1395 USCA Mandate - Final Judgment Appeal. (tp)
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| 1395 |
Filed: 5/31/2019, Entered: 5/31/2019 |
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MANDATE of USCA (Certified Copy) as to Preston 3B7D68E re: 1159 Notice of Appeal - Final Judgment, USCA Case Number 17-2380. 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: 5/31/2019. (tp)
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Request |
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| 1394 |
Filed: 5/29/2019, Entered: 5/29/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 6C70BF3. Notice is hereby given that an official transcript of a Violation of Supervised Release proceeding held on 4/30/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Request |
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| 1393 |
Filed: 5/29/2019, Entered: 5/29/2019 |
|
|
TRANSCRIPT of Proceedings as to 6C70BF3 re: Violation of Supervised Release held on 4/30/19 before Judge Lewis A. Kaplan. 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 6/19/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/27/2019. (McGuirk, Kelly)
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Request |
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| |
Filed: 5/23/2019, Entered: 5/24/2019 |
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|
Minute Entry for proceedings held before Judge Lewis A. Kaplan: VOSR Evidentiary Hearing as to 2353901 held on 5/23/2019. Defendant present with attorneys Michael Gilbert and Margaret P. Mortimer. AUSAs Thomas J. Wright and Jessica Feinstein present. US Probation officer Michael Nicholson present. Court reporter Vincent Bologna present. An evidentiary hearing regarding the 8/24/2018 U.S. Probation Department violation memo was begun and adjourned until 6/11/2019 at 10:00 AM. Defendant remains on supervised release. (Evidentiary Hearing set for 6/11/2019 at 10:00 AM before Judge Lewis A. Kaplan.) (jbo)
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| 1392 |
Filed: 5/22/2019, Entered: 5/22/2019 |
|
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 6E6BE7D. Notice is hereby given that an official transcript of a Plea proceeding held on 5/16/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (ft)
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Request |
|
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| 1391 |
Filed: 5/22/2019, Entered: 5/22/2019 |
|
|
TRANSCRIPT of Proceedings as to 6E6BE7D re: Plea held on 5/16/19 before Magistrate Judge Stewart D. Aaron. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/12/2019. Redacted Transcript Deadline set for 6/24/2019. Release of Transcript Restriction set for 8/20/2019. (ft)
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Request |
|
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| 1390 |
Filed: 5/20/2019, Entered: 5/20/2019 |
|
|
MEMORANDUM in Opposition by USA as to AD57343 re 1283 MOTION to Vacate under 28 U.S.C. 2255. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Feinstein, Jessica)
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Request |
|
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| 1389 |
Filed: 5/17/2019, Entered: 5/17/2019 |
|
|
SEALED DOCUMENT placed in vault. (mhe)
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| 1388 |
Filed: 5/17/2019, Entered: 5/17/2019 |
|
|
SEALED DOCUMENT placed in vault. (mhe)
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| 1387 |
Filed: 5/17/2019, Entered: 5/17/2019 |
|
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SEALED DOCUMENT placed in vault. (mhe)
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| 1386 |
Filed: 5/16/2019, Entered: 5/17/2019 |
|
|
CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A VOSR PLEA ALLOCUTION by (16-Cr-212-53) 6E6BE7D. (Accepted by Magistrate Judge Stewart D. Aaron on 5/16/2019) (bw)
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Request |
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| |
Filed: 5/16/2019, Entered: 5/17/2019 |
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|
Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Final Hearing re Revocation of Supervised Release as to (16-Cr-212-53) 6E6BE7D held on 5/16/2019. Defendant present with David Rody. A.U.S.A. Ni Qian present for the government. No Court Reporter present. No interpreter present. Defendant enters a guilty plea to Specifications Count One and Fifteen of the VOSR. Magistrate Judge Stewart Aaron recommends that District Judge Kaplan accept the VOSR plea. Control date set for August 16, 2019. (bw)
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| 1385 |
Filed: 5/16/2019, Entered: 5/17/2019 |
|
|
Minute Entry on "Disposition Sheet" for proceedings held before Magistrate Judge Stewart D. Aaron: Final Hearing re Revocation of Supervised Release as to (16-Cr-212-53) 6E6BE7D held on 5/16/2019. AUSA Ni Qian. Defense Counsel David Rody. Proceeding: VOSR Plea. BAIL DISPOSITION: Detention on consent without prejudice. COMMENTS: Defendant pled guilty to Specifications One and Fifteen. ADDITIONAL PROCEEDINGS: Conference before District Judge on 8/16/2019 (Control Date). (bw)
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Request |
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| 1384 |
Filed: 5/16/2019, Entered: 5/16/2019 |
|
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SEALED DOCUMENT placed in vault. (mhe)
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| 1383 |
Filed: 5/16/2019, Entered: 5/16/2019 |
|
|
AMENDED JUDGMENT (Modification of Supervision Conditions) as to 126C91C (37), Pleaded guilty to Count(s) 2, Imprisonment: 3 Months. The defendant shall surrender to the Bureau of Prisons ("Bureau") at the institution designated by it for the commencement of service of the sentence on the date and by the time designated by the Bureau, which shall not be earlier than 8/7/2017. If the defendant for any reason has not previously surrendered to the Bureau, the defendant shall surrender to the United States Marshal for this district, on the fourth floor of this building, on 8/8/2017 before 2 p.m. Supervised Release: 3 Years with the following special conditions: Judgment- Page 3 The defendant shall provide the probation officer with any financial information he or she may request. of The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer. The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be ground for revocation of his supervised release. The mandatory drug testing conditions is suspended because the Court finds a low risk of substance abuse. Count(s) 3, 4, All open counts are dismissed on the motion of the Government. The defendant shall be subject to a curfew from 10:00 PM until 6:00 AM daily for a period of 6 months to begin at the direction of the probation officer. During the curfew period the defendant shall be subject to electronic monitoring and all requirements of such monitoring as directed by the Probation Department. The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. Special Assessment of $100 which is due immediately. (Signed by Judge Lewis A. Kaplan on 5/16/19)(jw)
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Request |
|
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| |
Filed: 5/15/2019, Entered: 5/16/2019 |
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|
Minute Entry for proceedings held before Judge Lewis A. Kaplan: Preliminary Revocation Hearing re: Supervised Release as to 126C91C held on 5/15/2019. Defendant present with attorney Samuel Karliner. AUSA Jessica Feinstein present. US Probation officers Erin Weinrauch & Pierre Reyes present. Court reporter Samuel Mauro present. Defendant admitted to specification no. 4. Defendant's current term of supervised release conditions were modified to add the following special conditions of supervision: 1) The defendant shall be subject to a curfew from 10:00 PM until 6:00 AM daily for a period of 6 months to begin at the direction of the probation officer. During the curfew period the defendant shall be subject to electronic monitoring and all special conditions of such monitoring as directed by the Probation Department. 2) The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. 3) The defendant shall participate in a sex offender evaluation program as directed by Probation. Defendant remained released on supervised release. (lnl)
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| 1382 |
Filed: 5/14/2019, Entered: 5/14/2019 |
|
|
MEMO ENDORSEMENT as to 6C70BF3 on re: 1381 To submit this letter on behalf of Mr. 6C70BF3 to request an order for the production of mental health, special education, medical and psychological records pertaining to Mr. 6C70BF3 from Montefiore...ENDORSEMENT...Denied without prejudice to receive on notice to the Gov't. SO ORDERED (Signed by Judge Lewis A. Kaplan on 5/14/19)(jw)
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Request |
|
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| 1381 |
Filed: 5/13/2019, Entered: 5/13/2019 |
|
|
LETTER by 6C70BF3 addressed to Judge Lewis A. Kaplan from Ezra Spilke dated May 13, 2019 re: enclosing proposed order (Attachments: # 1 Text of Proposed Order)(Spilke, Ezra)
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Request |
|
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| 1380 |
Filed: 5/10/2019, Entered: 5/13/2019 |
|
|
SEALED DOCUMENT placed in vault. (mhe)
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| 1379 |
Filed: 5/10/2019, Entered: 5/10/2019 |
|
|
JUDGMENT IN A CRIMINAL CASE as to F77FD3A (11). THE DEFENDANT: pleaded guilty to counts (S5)1 through (S5)7. All Open Counts are dismissed on the motion of the United States. IMPRISONMENT: 180 Months incarceration on each of Counts (S5)1 through (S5)5 and 60 months on each of Counts (S5)6 & (S5)7, all of the terms to run concurrently for an aggregate term of imprisonment of 180 months The court makes the following recommendations to the Bureau of Prisons:That consistent with the policies of the BOP, the defendant be designated to a drop out unit, or step down institution, where there is no gang activity, to ensure his safety and security. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 Years on each count, the terms to run concurrently. The term of supervised release shall be subject to the mandatory and standard conditions of supervision 1 through 12 in addition to the following special condition: The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. ASSESSMENT: $700.00 due immediately. (Signed by Judge Lewis A. Kaplan on 5/9/2019) (ap)
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Request |
|
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| |
Filed: 5/10/2019, Entered: 5/10/2019 |
|
|
DISMISSAL OF COUNTS on Government Motion as to F77FD3A (11) Count 1,2,3,4. (ap)
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| |
Filed: 5/9/2019, Entered: 5/9/2019 |
|
|
Minute Entry for proceedings held before Judge Lewis A. Kaplan:Preliminary Revocation Hearing re: Supervised Release as to 6C70BF3 held on 5/9/2019, as to 6C70BF3( Preliminary Revocation Hearing set for 6/12/2019 at 03:00 PM before Judge Lewis A. Kaplan.) Defendant present with attorney Ezra Spilke present. AUSA Celia Cohen present for Allison Nochols. US Probation officer Adam Pakula present. Court reporter Jerry Harrison present. The Court directed the USAO to submit aproposed order for psychiatric examination to the Court. The next VOSR hearingis scheduled for 6/12/19 at 3:00 PM (jw)
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| 1378 |
Filed: 5/8/2019, Entered: 5/8/2019 |
|
|
SEALED DOCUMENT placed in vault. (rz)
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| 1377 |
Filed: 5/8/2019, Entered: 5/8/2019 |
|
|
SEALED DOCUMENT placed in vault. (rz)
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|
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| 1376 |
Filed: 5/8/2019, Entered: 5/8/2019 |
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ORDER as to F77FD3A: IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/1/2019) (lnl)
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Request |
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| 1375 |
Filed: 5/8/2019, Entered: 5/8/2019 |
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ORDER as to F77FD3A that the mis-numbered S(3) superseding Information be renumbered to read S(5). (Signed by Judge Lewis A. Kaplan on 5/8/19)(jm)
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Request |
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| 1370 |
Filed: 5/6/2019, Entered: 5/7/2019 |
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MEDICAL ATTENTION FORM: as to (16-Cr-212-50) 6C70BF3. To the Wardens of the Metropolitan Correctional Center, the Metropolitan Detention Center, or any other detention facility: The above-named defendant has been remanded in lieu of bail at the time of his/her presentment before this Court. At that time, the following information requiring medical attention for the defendant was disclosed: (See this document for complete details.) (Signed by Magistrate Judge Ona T. Wang on 5/6/2019) (bw)
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| 1369 |
Filed: 5/6/2019, Entered: 5/7/2019 |
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Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Revocation of Supervised Release - Interim Hearing as to (16-Cr-212-50) 6C70BF3 held on 5/6/2019. AUSA Allison Nichols. Defense Counsel Avi Moskowitz (CJA). Proceeding: VOSR. BAIL DISPOSITION: Detention: Risk of Flight/Danger. See Transcript. (bw)
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Request |
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| |
Filed: 5/2/2019, Entered: 5/8/2019 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 5/2/2019 for F77FD3A (11) Count 1s,2s,3s,4s,5s,6s,7s. Defendant F77FD3A present with attorneys Avrom Jerome Robin and Jeremy Schneider. AUSA Allison Nichols present. Court Eve Giniger present. Defendant F77FD3A 9/5/2017 guilty plea allocution was accepted by the Court. Oral victim impact statements were received in open court. Defendant sentenced to 180 months incarceration on each of Counts (S5)1 through (S5)5 and 60 months on each of Counts (S5)6 & (S5)7, all of the terms to run concurrently for an aggregate term of imprisonment of 180 months, that he thereafter serve a term of supervised release of 3 years on each count, the terms to run concurrently, and that he pay the mandatory special assessment of $700. The term of supervised release shall be subject to the mandatory and standard conditions of supervision 1 through 12 in addition to the following special condition: The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. Government to submit a letter regarding the defendant's designation request. All open counts were dismissed upon motion of the government. Defendant remained detained. (jbo)
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Filed: 5/2/2019, Entered: 5/8/2019 |
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Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Defendant is present with attorney Avrom Robin; AUSA Rachel Maimin is also present. Arraignment as to F77FD3A (11) Count 1s,2s,3s,4s,5s,6s,7s held on 5/2/2019. Plea entered by F77FD3A (11) Guilty as to Count 1s,2s,3s,4s,5s,6s,7s. USMJ Peck recommends acceptance of the plea. PSI ordered. Control date 3/1/18 at 4:00 PM. Detention continued. (Held under seal on 9/5/17) (Court Reporter PRESENT) (jm)
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| 1374 |
Filed: 5/2/2019, Entered: 5/8/2019 |
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CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by F77FD3A. (Originally filed under seal on 9/5/17) (jm)
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| 1373 |
Filed: 5/2/2019, Entered: 5/8/2019 |
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WAIVER OF INDICTMENT by F77FD3A. (Originally filed under seal on 9/5/17) (jm)
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| 1372 |
Filed: 5/2/2019, Entered: 5/8/2019 |
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(S5) SUPERSEDING INFORMATION (Felony) filed as to F77FD3A (11) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s. (jm)(Originally filed under seal on 9/5/17)
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| 1371 |
Filed: 5/2/2019, Entered: 5/8/2019 |
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ORDER as to F77FD3A unsealing the S(5) superseding Information. (Document originally misnumbered as S(3). (Signed by Judge Lewis A. Kaplan on 5/2/19)(jm)
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Request |
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| |
Filed: 4/30/2019, Entered: 5/1/2019 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Violation of Supervised Release Hearing as to 6C70BF3 held on 4/30/2019. VOSR hearing held before District Judge Lewis A. Kaplan redefendant 6C70BF3 (50). Defendant failed to appear but attorney Ezra Spilke present. AUSA Allison C. Nichols present. US Probation officer Adam Pakula present. Court reporter Steve Greenblum present. The Court directed the USAO to submit an arrest warrant for signature before the end of the day. (lnl)
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| 1368 |
Filed: 4/22/2019, Entered: 4/23/2019 |
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MEMO ENDORSEMENT as to AD57343 on (DE #7 in Civil Case No. 1:18 Civ. 3037(LAK)) Letter Motion for Extension of Time to File Response/Reply. ENDORSEMENT: Granted. SO ORDERED. (Responses due by 5/20/2019) (Signed by Judge Lewis A. Kaplan on 4/22/2019) (lnl)
|
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Request |
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| 1366 |
Filed: 4/11/2019, Entered: 4/11/2019 |
|
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NOTICE OF ATTORNEY APPEARANCE Allison Carol Nichols appearing for USA. (Nichols, Allison)
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Request |
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| 1365 |
Filed: 4/9/2019, Entered: 4/9/2019 |
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SEALED DOCUMENT placed in vault. (rz)
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| 1364 |
Filed: 4/9/2019, Entered: 4/9/2019 |
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SEALED DOCUMENT placed in vault. (rz)
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| |
Filed: 4/4/2019, Entered: 4/15/2019 |
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ORAL ORDER as to 2353901 (13). Status Conference set for 5/9/2019 at 09:30 AM before Judge Lewis A. Kaplan. (bw)
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Filed: 4/4/2019, Entered: 4/15/2019 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Revocation of Supervised Release - Interim Hearing as to (S1-16-Cr-212-13) 2353901 held on 4/4/2019. VOSR hearing held as to defendnat 2353901 (13). Defendant present with attorney Michael Gilbert. AUSA Drew Skinner present. US Probation officer Godwin Ogunmfun present. Court reporter Rose Prater present. VOSR hearing scheduled to begin on 5/9/19 at 9:30 AM. (bw)
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| 1363 |
Filed: 3/20/2019, Entered: 3/20/2019 |
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NOTICE OF ATTORNEY APPEARANCE: Alexa Poletto appearing for 6E6BE7D. Appearance Type: CJA Appointment. (Poletto, Alexa)
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Request |
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| 1362 |
Filed: 3/18/2019, Entered: 3/18/2019 |
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NOTICE OF ATTORNEY APPEARANCE Ni Qian appearing for USA. (Qian, Ni)
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Request |
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| 1361 |
Filed: 3/11/2019, Entered: 3/12/2019 |
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Attorney-Client Privilege Waiver (Informed Consent). Document filed by (16-Cr-212-24) AD57343. Dated: 3-7-2019. (bw)
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Request |
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| 1360 |
Filed: 3/6/2019, Entered: 3/7/2019 |
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New Address Change for Inmate AD57343: Elkton FCI, PO Box 10, LISBON, OH. (jw)
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Request |
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Filed: 3/4/2019, Entered: 3/5/2019 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Initial Appearance re: Revocation of Supervised Release as to 7FC3D40 held on 3/4/2019. VOSR. Defendant 7FC3D40 present with attorney Deveraux L. Cannick. AUSA Drew Johnson-Turner present. US Probation Officer Shawnte Lorick present. Court reporter Andrew 14C6E55 present. The Probation Department will update the Court with a future report as to the defendant's progress. (jbo)
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| 1359 |
Filed: 2/28/2019, Entered: 2/28/2019 |
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MEMO ENDORSEMENT as to Laquan 4C7A6DD (1), Andre Bent (2), Aaron B87152A (3), Sean McIntosh (4), Jaquan McIntosh (5), 7FC3D40 (6), 13A2FDF (7), Rodrigo Gonzalez (8), Elijah Brown (9), Joshua Brown (10), F77FD3A (11), 3EE6E88 (12), 2353901 (13), Kevin 2353901 (14), Jayvon Carter (15), Marcel Bent (16), Preston 3B7D68E (17), 3B7D68E (18), 879974F (19), Dante Gregory (20), CED7C0B (21), Walter Jernigan (22), Mouhahamet Cherry (23), AD57343 (24), 498B8C9 (25), B87152A (26), Nicholas Bailey (27), 14C6E55 (28), Peter Lewis (29), Kraig Lewis (30), Ronald Matthews (31), 5C6213E (32), Kareem Sanders (33), Jonathan Cummings (34), Wayne Leon (35), Danny Jones (36), 126C91C (37), 84B32A5 (38), Patrick Littlejohn (39), Andrew Moncrieffe (40), Gary Arrington (41), Williams B87152A (42), Melvin B87152A (43), 998E6CA (44), Emile 998E6CA or 879974F (45), 7E93C8E (46), Devin 14C6E55 (47), John Alvarez (48), Courtney Green (49), 6C70BF3 (50), 28DD567 (51), Jabriel Lewis (52), 6E6BE7D (53), 270DD48 (54), 4C7A6DD (55), Roberto Munoz (56), Alonzo McIntosh (57), 49FE4AD (58) granting 1358 LETTER MOTION addressed to Judge Lewis A. Kaplan from AUSA Rachel Maimin dated 2/27/19 re: Removal from Docket. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 2/28/2019) (ap) Modified on 2/28/2019 (ap).
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Request |
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| 1358 |
Filed: 2/27/2019, Entered: 2/27/2019 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from AUSA Rachel Maimin dated 2/27/19 re: Removal from Docket . Document filed by USA as to Laquan 4C7A6DD, Andre Bent, Aaron B87152A, Sean McIntosh, Jaquan McIntosh, 7FC3D40, 13A2FDF, Rodrigo Gonzalez, Elijah Brown, Joshua Brown, F77FD3A, 3EE6E88, 2353901, Kevin 2353901, Jayvon Carter, Marcel Bent, Preston 3B7D68E 879974F, Dante Gregory, CED7C0B, Walter Jernigan, Mouhahamet Cherry, AD57343, 498B8C9, B87152A, Nicholas Bailey, 14C6E55, Peter Lewis, Kraig Lewis, Ronald Matthews, 5C6213E, Kareem Sanders, Jonathan Cummings, Wayne Leon, Danny Jones, 126C91CA55, Patrick Littlejohn, Andrew Moncrieffe, Gary Arrington, Williams B87152A, Melvin B87152A, 998E6CA, Emile 998E6CA or 879974F, 7E93C8E, Devin 14C6E55, John Alvarez, Courtney Green, 6C70BF3, 28DD567, Jabriel Lewis, 6E6BE7D 4C7A6DD, Roberto Munoz, Alonzo McIntosh, 49FE4AD. (Maimin, Rachel)
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Request |
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| 1357 |
Filed: 2/21/2019, Entered: 2/21/2019 |
|
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ORDER re: Attorney-Client Privilege Waiver (Informed Consent) as to AD57343. It is hereby ORDERED that Counsel shall give sworn testimony, in the form of an affidavit, addressing the allegations of ineffective assistance of counsel made by movant; and it is further ORDERED that AD57343 execute and return to this Court within 60 days from today's date the accompanying Attorney-Client Privilege Waiver (Informed Consent)"form. Counsel's affidavit and the Government's response to Fitt's 2255 motion shall be due 60 days from receipt of the executed document. If the document is not received by the Court within 60 days from today's date, the Court will deny the 2255 motion, on the ground that the movant failed to authorize the disclosure of information needed to permit the Government to respond to the motion. Refer to 18cv3037. (Signed by Judge Lewis A. Kaplan on 2/21/19)(jw)
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Request |
|
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| 1356 |
Filed: 2/21/2019, Entered: 2/21/2019 |
|
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LETTER MOTION addressed to Judge Lewis A. Kaplan from AUSA Rachel Maimin dated 2/21/19 re: Entry of Order . Document filed by USA as to AD57343. (Attachments: # 1 Text of Proposed Order Waiver of Privilege)(Maimin, Rachel)
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Request |
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| |
Filed: 2/20/2019, Entered: 2/22/2019 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Revocation of Supervised Release as to 6E6BE7D held on 2/20/2019 as to 6E6BE7D( Evidentiary Hearing set for 4/2/2019 at 09:30 AM before Judge Lewis A. Kaplan.) Defendant present with attorneys David M. Rody and Alex Cohen. AUSA Rachel Maimin present. Probation Officer Robert Walsh present. Court reporter Martha Martin present. An evidentiary hearing is scheduled for 4/2/2019 at 9:30 AM. Defendant remained remanded. (jw)
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| 1355 |
Filed: 2/20/2019, Entered: 2/20/2019 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from AUSA Rachel Maimin dated 2/20/19 re: Adjournment . Document filed by USA as to 2353901. (Maimin, Rachel)
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Request |
|
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| 1354 |
Filed: 2/20/2019, Entered: 2/20/2019 |
|
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 6E6BE7D. Notice is hereby given that an official transcript of a Conference proceeding held on 2/6/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Request |
|
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| 1353 |
Filed: 2/20/2019, Entered: 2/20/2019 |
|
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TRANSCRIPT of Proceedings as to 6E6BE7D re: Conference held on 2/6/19 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/13/2019. Redacted Transcript Deadline set for 3/25/2019. Release of Transcript Restriction set for 5/21/2019. (McGuirk, Kelly)
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Request |
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| 1352 |
Filed: 2/20/2019, Entered: 2/20/2019 |
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Probation Form No. 35 as to Courtney Green from Esteban Montanez re: Report and Order Terminating Probation/Supervised Release Prior to Original Expiration Date....ENDORSEMENT: Pursuant to the above report, it is ordered that the defendant is discharged from Supervised Release and that the proceedings in the case be terminated. (Signed by Judge Lewis A. Kaplan on 2/19/19)(jw)
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Request |
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| 1351 |
Filed: 2/20/2019, Entered: 2/20/2019 |
|
|
SEALED DOCUMENT placed in vault. (mhe)
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| 1350 |
Filed: 2/15/2019, Entered: 2/15/2019 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Aaron Mysliwiec dated 2/15/19 re: Termination of Representation . Document filed by Kareem Sanders. (Mysliwiec, Aaron)
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Request |
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| 1349 |
Filed: 2/15/2019, Entered: 2/15/2019 |
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MEMO ENDORSEMENT granting 1347 LETTER MOTION filed by Williams B87152A (42), addressed to Judge Lewis A. Kaplan from Attorney Lauren Dolecki dated February 13, 2019 re: Early Termination of Supervised Release; MOTION for Early Termination of Probation. I respectfully write on behalf of Williams B87152A to request that the Court terminate his term of supervision early, pursuant to 18 U.S.C. § 3583(e). I have spoken with Mr. B87152A probation officer, and she has no objections. I have also spoken with Drew Johnson-Skinner, on behalf of the Government, and he takes no position on this request. ENDORSEMENT: Granted. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 2/14/2019) (bw)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 1348 |
Filed: 2/13/2019, Entered: 2/13/2019 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Lauren Dolecki dated February 13, 2019 re: Early Termination of Supervised Release . Document filed by Williams B87152A. (Attachments: # 1 Exhibit Exhibit A)(Dolecki, Lauren)
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Request |
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| |
Filed: 2/13/2019, Entered: 2/13/2019 |
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Williams B87152A: Notice to Attorney Dolecki, Lauren to RE-FILE Document 1346 MOTION for Early Termination of Probation for Williams B87152A (42) Count 2,3. Use the event type Letter Motion found under the event list Motions. (ka)
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| 1347 |
Filed: 2/13/2019, Entered: 2/13/2019 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Lauren Dolecki dated February 13, 2019 re: Early Termination of Supervised Release ., MOTION for Early Termination of Probation . Document filed by Williams B87152A. (Attachments: # 1 Exhibit Exhibit A)(Dolecki, Lauren)
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Request |
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| 1346 |
Filed: 2/13/2019, Entered: 2/13/2019 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Early Termination of Probation for Williams B87152A (42) Count 2,3 . Document filed by Williams B87152A. (Dolecki, Lauren) Modified on 2/13/2019 (ka).
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Request |
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| 1345 |
Filed: 2/13/2019, Entered: 2/13/2019 |
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NOTICE OF ATTORNEY APPEARANCE: Lauren Martine Dolecki appearing for Williams B87152A. Appearance Type: Public Defender or Community Defender Appointment. (Dolecki, Lauren)
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Request |
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| 1344 |
Filed: 2/7/2019, Entered: 2/7/2019 |
|
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NOTICE OF ATTORNEY APPEARANCE: Alexander Isaac Cohen appearing for 6E6BE7D. Appearance Type: CJA Appointment. (Cohen, Alexander)
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Request |
|
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| |
Filed: 2/6/2019, Entered: 2/6/2019 |
|
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ORAL ORDER as to 6E6BE7D (53). Status Conference (VOSR Hearing) set for 2/12/2019 at 03:00 PM before Judge Lewis A. Kaplan. (bw)
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| |
Filed: 2/6/2019, Entered: 2/6/2019 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Revocation of Supervised Release - Interim Hearing as to (16-Cr-212-53) 6E6BE7D held on 2/6/2019. VOSR hearing held as to defendant 6E6BE7D (53). Defendant present with attorney David M. Rody. AUSA Rachel Maimin present. Courtreporter Karen Gorlaski present. Plea allocution as to Specification 15 in the 12/6/2018 VOSR memo begun, but not completed. VOSR hearing adjourned until 2/12/2019 at 3:00 PM. Defendant remained remanded. (bw)
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| 1343 |
Filed: 2/4/2019, Entered: 2/4/2019 |
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ENDORSED LETTER as to 126C91C addressed to Judge Lewis A. Kaplan, from Jessica Feinstein dated 2/4/2019 re: The Government requests that the Court adjourn the conference scheduled for 2/4/19. ENDORSEMENT: Granted. (Final Hearing re Revocation of Supervised Release set for 3/14/2019 at 02:30 PM before Judge Lewis A. Kaplan) (Signed by Judge Lewis A. Kaplan on 2/4/2019) (ap)
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Request |
|
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| 1342 |
Filed: 1/28/2019, Entered: 1/28/2019 |
|
|
SEALED DOCUMENT placed in vault. (mhe)
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| 1341 |
Filed: 1/18/2019, Entered: 1/18/2019 |
|
|
SEALED DOCUMENT placed in vault. (rz)
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| 1340 |
Filed: 1/18/2019, Entered: 1/18/2019 |
|
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SEALED DOCUMENT placed in vault. (rz)
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| |
Filed: 1/14/2019, Entered: 1/14/2019 |
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Transmission of USCA Mandate/Order to the District Judge re: 1339 USCA Mandate - Final Judgment Appeal. (tp)
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| 1339 |
Filed: 1/11/2019, Entered: 1/14/2019 |
|
|
MANDATE of USCA (Certified Copy) as to Jaquan McIntosh re: 1161 Notice of Appeal - Final Judgment, USCA Case Number 17-2388. 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: 1/11/2019. (tp)
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Request |
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| 1338 |
Filed: 1/10/2019, Entered: 1/10/2019 |
|
|
ORDER as to (16-Cr-212-24) AD57343. In view of the Second Circuit mandate issued on January 9, 2019 [16-cr-212, DI 1337], the stay is dissolved. The government shall submit any response to the petitioner's motion to vacate, set aside or correct sentence on or before February 8, 2019. The petitioner shall file any reply on or before March 11, 2019. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/10/2019); Copies mailed 1/10/2019 by Chambers of Judge Kaplan. [*** NOTE: Also docketed in related civil case 18-Cv-3037(LAK), Doc.#5. ***] (bw)
|
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Request |
|
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| 1337 |
Filed: 1/9/2019, Entered: 1/9/2019 |
|
|
MANDATE of USCA (Certified Copy) as to Sean McIntosh, AD57343 re: 1070 Notice of Appeal; 1067 Notice of Appeal. USCA Case Number 17-1732(L), 17-1748(con), 17-2380(con), 17-2388(con). Robert J. Boyle, counsel for Appellant AD57343, and Georgia J. Hinde, counsel for Appellant Sean McIntosh, move to be relieved pursuant to Anders v. California, 386 U.S. 738 (1967). The Government has also filed motions to dismiss the appeals or for summary affirmance. IT IS HEREBY ORDERED that the Government's motions to dismiss the appeals of Appellants Sean McIntosh and AD57343 are GRANTED. IT IS FURTHER ORDERED that Counsels' motions to be relieved are also GRANTED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/9/2019. (nd)
|
|
Request |
|
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| 1336 |
Filed: 12/21/2018, Entered: 12/21/2018 |
|
|
SEALED DOCUMENT placed in vault. (rz)
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| 1335 |
Filed: 12/21/2018, Entered: 12/21/2018 |
|
|
SEALED DOCUMENT placed in vault. (rz)
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| 1333 |
Filed: 12/7/2018, Entered: 12/10/2018 |
|
|
CJA 23 Financial Affidavit by 6E6BE7D. (Signed by Judge Magistrate Judge Ona T. Wang) Attorney Sam Braverman (jw)
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| 1334 |
Filed: 12/6/2018, Entered: 12/11/2018 |
|
|
Minute Entry for proceedings held before Magistrate Judge Ona T. Wang:Initial Appearance on disposition sheet re: Revocation of Supervised Release as to 6E6BE7D held on 12/6/2018. Deft was brought over from State Court on Writ. Probation Officer Richard Walsh present. Next conference set before District Judge on 1/9/18 at 11am (jw)
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Request |
|
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| |
Filed: 12/6/2018, Entered: 12/6/2018 |
|
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Transmission of USCA Mandate/Order to the District Judge re: 1332 USCA Mandate - Final Judgment Appeal. (tp)
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| 1332 |
Filed: 12/6/2018, Entered: 12/6/2018 |
|
|
MANDATE of USCA (Certified Copy) as to Laquan 4C7A6DD re: Appeal Record Sent to USCA - Electronic File, Transmission of Notice of Appeal and Docket Sheet to USCA, 1233 Appeal Transcript Request, 1234 Notice of Appeal - Final Judgment USCA Case Number 17-3696-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: 12/6/2018. (tp)
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Request |
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| 1330 |
Filed: 11/27/2018, Entered: 11/27/2018 |
|
|
ORDER as to 126C91C: The defendant is ordered remanded into the custody of the U.S. Marshal pending satisfaction of all bail conditions. (Signed by Judge Lewis A. Kaplan on 11/26/2018) (ap)
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Request |
|
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| |
Filed: 11/26/2018, Entered: 11/28/2018 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Revocation of Supervised Release as to 126C91C held on 11/26/2018 as to 126C91C( Final Hearing re Revocation of Supervised Release set for 2/4/2019 at 03:00 PM before Judge Lewis A. Kaplan.) Defendant 126C91C present with attorney Samuel Karliner. AUSA Rachel Maimin present. Court reporter Rose Prater present. Defendant arraigned on the 11/7/2018 VOSR memorandum and denied the specifications. The next VOSR hearing is 2/4/2019 at 3:00 PM. Bail was set, but defendant was remanded until bail conditions could be met (see written order). (jw)
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| 1331 |
Filed: 11/26/2018, Entered: 11/27/2018 |
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ORDER Setting Conditions of Release. THE DEFT SHALL BE RELEASED ON BAIL PENDING THE OUTCOME OF THE NOVEMBER 7, 2018 SUPERVISED RELEASE VIOLATION, SPECIFICATIONS W/OUT CASH BOND, BUT SUBJECT TO THE PRIOR SATISFACTION OF ALL BAIL CONDITIONS WHICH INCLUDE (1) COMPLIANCE WITH THE MANDATORY AND SPECIAL CONDITIONS OF SUPERVISED RELEASE AS FOUND IN HIS JUNE 21, 2017 J&C, (2) THE DEFT SHALL BE SUBJECT TO GPS MONITORING AND HOME DETENTION, HE SHALL NOT LEAVE HIS RESIDENCE EXCEPT FOR EMPLOYMENT, EMERGENCY MEDICAL TREATMENT, OR SUCH OTHER ACTIVITIES AS ARE APPROVED BY PROBATION IN WRITING IN ADVANCE. (3) THE DEFT SHALL NOT GO W/IN ONE BLOCK OF THE NYCHA EASTCHESTER GARDENS APARTMENTS. (Signed by Judge Lewis A. Kaplan on 11/26/2018)(ft)
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Request |
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| 1329 |
Filed: 11/26/2018, Entered: 11/26/2018 |
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ORDER as to 126C91C: The defendant shall be released on bail pending the outcome of the November 7, 2018 supervised release violation specifications without cash bond, but subject to the prior satisfaction of all bail conditions which include: 1) Compliance with the mandatory and special conditions of supervised release as found in his June 21, 2017 J&C. 2) The defendant shall be subject to GPS monitoring and home detention. He shall not leave his residence except for employment, emergency medical treatment, or such other activities as are approved by Probation in writing in advance. 3) The defendant shall not go within one block of the NYCHA Eastchester Gardens apartments. (Signed by Judge Lewis A. Kaplan on 11/26/2018) (ap)
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Request |
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| |
Filed: 11/20/2018, Entered: 11/28/2018 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Initial Appearance re: Revocation of Supervised Release as to 2353901 held on 11/20/2018. Defendant present with attorney Michael Gilbert. AUSA Rachel Maimin present. US Probation officer Michael Nicholson present. Court reporter Eve Giniger present. Next appearance scheduled for 1/23/2019 at 2:45 PM. (Preliminary Revocation Hearing set for 1/23/2019 at 02:45 PM before Judge Lewis A. Kaplan.) (jbo)
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| 1328 |
Filed: 10/27/2018, Entered: 10/27/2018 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Donna R. Newman dated October 27, 2018 re: Exoneration of Bond and Satisfication of Lien . Document filed by Jonathan Cummings. (Attachments: # 1 Exhibit Affid. of Confession of Judgment, # 2 Text of Proposed Order)(Newman, Donna)
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Request |
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| 1327 |
Filed: 10/15/2018, Entered: 10/15/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 7FC3D40. Notice is hereby given that an official transcript of a Plea proceeding held on 1/3/18 CORRECTED PLEA 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)
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Request |
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| 1326 |
Filed: 10/15/2018, Entered: 10/15/2018 |
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TRANSCRIPT of Proceedings as to 7FC3D40 re: Plea held on 1/3/18 CORRECTED PLEA before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/5/2018. Redacted Transcript Deadline set for 11/15/2018. Release of Transcript Restriction set for 1/13/2019. (McGuirk, Kelly)
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Request |
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| 1325 |
Filed: 10/15/2018, Entered: 10/15/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 7FC3D40. Notice is hereby given that an official transcript of a Conference proceeding held on 7/19/17 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)
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Request |
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| 1324 |
Filed: 10/15/2018, Entered: 10/15/2018 |
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TRANSCRIPT of Proceedings as to 7FC3D40 re: Conference held on 7/19/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/5/2018. Redacted Transcript Deadline set for 11/15/2018. Release of Transcript Restriction set for 1/13/2019. (McGuirk, Kelly)
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Request |
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| 1323 |
Filed: 10/3/2018, Entered: 10/3/2018 |
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JUDGMENT IN A CRIMINAL CASE as to 3B7D68E (18). THE DEFENDANT: pleaded guilty to count(s) (S4)1, (S4)2, and (S4)3. IMPRISONMENT: TIME SERVED. SUPERVISED RELEASE: 5 Years. ASSESSMENT: $300.00 due immediately. (Signed by Judge Lewis A. Kaplan on 10/3/2018) (ap)
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Request |
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| |
Filed: 10/3/2018, Entered: 10/3/2018 |
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DISMISSAL OF COUNTS on Government Motion as to 3B7D68E (18) Count 1,2,3,4. (bw)
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Filed: 10/3/2018, Entered: 10/3/2018 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 10/3/2018 (Originally held on 9/21/2018) for 3B7D68E (18) Count 1s,2s,3s. Sentencing hearing held as to defendant 3B7D68E(18). Defendant 3B7D68E (18) present with attorney Neil Checkman. AUSA Rachel Maimin present. Court reporter Eve Giniger present. Defendant sentenced to TIME SERVED to be followed by a 5 year term of supervised release subject to the standard and following special conditions: * The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. * The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. Defendant 3B7D68E shall pay the $300 special assessment immediately. Upon motion of the government, all open counts are dismissed. [*** NOTE: This proceeding was held on 9/21/2018. (S4) Information unsealed on 10/3/2018. ***] (bw)
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Filed: 10/3/2018, Entered: 10/3/2018 |
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Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Defendant is present with attorney Neil Checkman; AUSA Hagan Scotten is also present.Arraignment as to 3B7D68E (18) Count 1s,2s,3s held on 10/3/2018. Plea entered by 3B7D68E (18) Guilty as to Count 1s,2s,3s. USMJ Parker recommends acceptance of the plea. Control date set for 8/11/17. PSI NOT ordered. Bail package agreed upon by the Government and counsel. (Court Reporter Sonya Moore) (jm)
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| 1322 |
Filed: 10/3/2018, Entered: 10/3/2018 |
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CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by 3B7D68E. (jm)
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Request |
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| 1321 |
Filed: 10/3/2018, Entered: 10/3/2018 |
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WAIVER OF INDICTMENT by 3B7D68E. (jm)
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Request |
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| 1320 |
Filed: 10/3/2018, Entered: 10/3/2018 |
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(S4) SUPERSEDING INFORMATION (Felony) filed as to 3B7D68E (18) count(s) 1s, 2s, 3s. (jm)(Filed under seal on 5/11/17)
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| 1319 |
Filed: 10/3/2018, Entered: 10/3/2018 |
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MEMO ENDORSEMENT as to 3B7D68E on letter from the Government dated 9/21/18 requesting the unsealing of the docket entry reflecting the defendant's guilty plea. Judge Kaplan SO ORDERS the unsealing of the superseding information and its renumbering to reflect that it is an S(4). Judge Kaplan further orders the Clerk to docket the S(4) superseding information, the consent to proceed before a magistrate, the waiver of indictment and the clerk's minute entry reflecting entry of the guilty plea. (Signed by Judge Lewis A. Kaplan on 10/3/18)(jm)
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Request |
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| 1318 |
Filed: 9/24/2018, Entered: 9/26/2018 |
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JUDGMENT IN A CRIMINAL CASE as to 49FE4AD (58), Pleaded guilty to Count(s) 1, 2, 3, Imprisonment for a total term of Time Served. Supervised release for a term of 2 Years. The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be ground for revocation of his supervised release. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. Special Assessment of $300 which is due immediately. (Signed by Judge Lewis A. Kaplan on 9/21/18)(jw)
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Request |
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| 1316 |
Filed: 9/24/2018, Entered: 9/24/2018 |
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ORDER as to Carlton Ramber. IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/20/2018)(ft)
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Request |
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| 1309 |
Filed: 9/21/2018, Entered: 9/24/2018 |
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SEALED DOCUMENT placed in vault. (rz)
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| 1308 |
Filed: 9/21/2018, Entered: 9/24/2018 |
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SEALED DOCUMENT placed in vault. (rz)
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| 1307 |
Filed: 9/21/2018, Entered: 9/24/2018 |
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SEALED DOCUMENT placed in vault. (rz)
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Filed: 9/20/2018, Entered: 9/26/2018 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 9/20/2018 for 49FE4AD (58) Count 1,2,3. [*** See Judgment filed on 9/24/2018. ***] Defendant present with attorney Lori Cohen. AUSA Rachel Maimin present. Court reporter present. (bw) Modified on 9/26/2018 (Mohan, Andrew).
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| 1317 |
Filed: 9/20/2018, Entered: 9/26/2018 |
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WAIVER OF INDICTMENT by 49FE4AD. (Filed under seal on 3/9/2016) (bw)
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Filed: 9/20/2018, Entered: 9/24/2018 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Initial Appearance as to 49FE4AD held on 9/20/2018. (jw)
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Filed: 9/20/2018, Entered: 9/24/2018 |
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***DELETED DOCUMENT. Deleted document number 1313. Minute Entry, as to 49FE4AD (58). The document was incorrectly filed in this case. (bw)
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Filed: 9/20/2018, Entered: 9/24/2018 |
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***DELETED DOCUMENT. Deleted document number 1317. AFFIRMATION, as to 49FE4AD (58). The document was incorrectly filed in this case. (bw)
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Filed: 9/20/2018, Entered: 9/24/2018 |
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***DELETED DOCUMENT. Deleted document number 1315. ORDER, as to 49FE4AD (58). The document was incorrectly filed in this case. (bw)
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Filed: 9/20/2018, Entered: 9/24/2018 |
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Deft. is present with attorney Lori Cohen; AUSA Rachel Maimin is also present5. Filed consent to proceed before USMJ. Arraignment as to 49FE4AD (58) Count 1,2,3 held on 9/20/2018., Plea entered by 49FE4AD (58) Count 1,2,3 Not Guilty, subsequently, Plea changed and entered by 49FE4AD (58) Count 1,2,3 49FE4AD (58) Guilty as to Count 1,2,3. No sentencing date and filings and docket entries are sealed. (Held under seal on 3/16/16) (jm)
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| 1314 |
Filed: 9/20/2018, Entered: 9/24/2018 |
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CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by 49FE4AD. (Filed under seal on 3/16/16) (jm)
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Filed: 9/20/2018, Entered: 9/24/2018 |
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Arrest of 49FE4AD. (Actual arrest date is 3/16/16) (jm)
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| 1312 |
Filed: 9/20/2018, Entered: 9/24/2018 |
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NOTICE OF INTENT TO FILE an Information by U.S.A. as to 49FE4AD. (Filed under seal on 2/22/16) (jm)
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| 1311 |
Filed: 9/20/2018, Entered: 9/24/2018 |
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INFORMATION (Felony) filed as to 49FE4AD (58) count(s) 1, 2, 3. (jm)(Filed under seal on 3/16/16)
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| 1310 |
Filed: 9/20/2018, Entered: 9/24/2018 |
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ORDER as to 49FE4AD unsealing the Information. (Signed by Judge Lewis A. Kaplan on 9/20/18)(jm)
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Request |
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| 1306 |
Filed: 9/14/2018, Entered: 9/14/2018 |
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NOTICE of Change of Address as to Kevin 2353901. New Address: Hodges Walsh Messemer & Burke, LLP, 55 Church Street, Suite 211, White Plains, NY, 10601, 914-385-6000. (Burke, Michael)
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Request |
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| 1305 |
Filed: 9/7/2018, Entered: 9/7/2018 |
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SEALED DOCUMENT placed in vault. (mhe)
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| 1304 |
Filed: 9/7/2018, Entered: 9/7/2018 |
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SEALED DOCUMENT placed in vault. (mhe)
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Filed: 9/5/2018, Entered: 9/11/2018 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:VOSR re: Supervised Release as to Jonathan Cummings held on 9/5/2018. Defendant Cummings present with attorney Donna R. Newman. AUSA Rachel Maimin present. Court reporter Alena Lynch present. The defendants motions to dismiss the 4/13/2018 violation specifications and terminate the defendants term of supervised release were granted. (jw)
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Filed: 8/21/2018, Entered: 8/21/2018 |
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Docket Annotation as to AD57343: In response to DI 1302, a copy of DI# 1290 was mailed to AD57343 (77472-054), F.C.I. RAY BROOK, P.O. BOX 900RAY BROOK NY 12977. (Mohan, Andrew)
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| 1301 |
Filed: 8/6/2018, Entered: 8/6/2018 |
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MEMO ENDORSED ORDER granting 1300 LETTER MOTION Request from Defendant 3EE6E88 (12) for permision to travel to Hawaii for a vacation leaving New York on August 7, 2018 and returning to New York on August 16, 2018. (Signed by Judge Katherine Polk Failla on 8/3/2018) (Mohan, Andrew)
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Request |
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| 1302 |
Filed: 8/3/2018, Entered: 8/14/2018 |
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LETTER by AD57343 addressed to Clerk of Court from AD57343 dated 7/28/2018. (ft)
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Request |
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| 1300 |
Filed: 8/2/2018, Entered: 8/2/2018 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Rita M. Glavin dated August 2, 2018 re: Requesting Permission for Defendant to Travel . Document filed by 3EE6E88. (Glavin, Rita)
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Request |
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| 1298 |
Filed: 7/26/2018, Entered: 7/26/2018 |
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ORDER as to Alonzo McIntosh (57) denying 1293 MOTION Rule 60(b). For the foregoing reasons, the motion [DI 1293] is denied. (Signed by Judge Lewis A. Kaplan on 7/26/2018) (See ORDER set forth) (ap)
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Request |
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| 1297 |
Filed: 7/26/2018, Entered: 7/26/2018 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Rita M. Glavin dated July 26, 2018 re: Requesting Permission for Defendant to Travel Internationally . Document filed by 3EE6E88. (Glavin, Rita)
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Request |
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| 1296 |
Filed: 7/20/2018, Entered: 7/23/2018 |
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LETTER by Alonzo McIntosh addressed to Clerk of the Court from Alonzo McIntosh dated 7/9/18 re: Letter from Alonzo McIntosh (jw)
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Request |
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| 1295 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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ENDORSED LETTER as to 28DD567 addressed to Judge Lewis A. Kaplan, from 28DD567 #56927-054 dated 5/31/2018 re: Defendant writes to request the Court to correct inaccurate information in his Presentence Report. ENDORSEMENT: SO ORDERED. A copy of this memo endorsement was mailed to 28DD567 by First Class Mail on 6/27/18 (Signed by Judge Lewis A. Kaplan on 6/21/2018) Copies Mailed by Chambers (ap)
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Request |
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Filed: 6/22/2018, Entered: 6/22/2018 |
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Docket Annotation as to Alonzo McIntosh: A copy of DI# 1294 was mailed ALONZO McINTOSH 77863-054, FCI Allenwood Medium, FEDERAL CORRECTIONAL INSTITUTION,P.O. BOX 2000, WHITE DEER, PA 17887 by first class mail. (Mohan, Andrew)
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| 1294 |
Filed: 6/22/2018, Entered: 6/22/2018 |
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ORDER as to (16-Cr-212-57) Alonzo McIntosh. The matter is before the Court on Alonzo Mcintosh's motion pursuant to Federal Rule of Civil Procedure 60(b) to modify his sentence. DI 1293. A motion pursuant to Rule 60(b) applies only to a civil judgment and thus is not a proper vehicle for the relief that movant seeks. Unless movant objects, the Court will recharacterize this motion as a motion to vacate, set aside or correct a sentence under 28 U.S.C. § 2255. Movant should be aware that, as a result of that recharacterization, any subsequent Section 2255 motion would be subject to the restrictions on "second and successive" motions. See 28 U.S.C. § 2255(h). Importantly, those restrictions may result in the forfeiture of claims movant did not raise in his motion regardless of their potential merit. In light of the potential consequences, the Court hereby provides movant with the opportunity to object to the recharacterization of his motion. Movant has thirty (30) days from the date of this order to notify the Court whether he objects to the Court's proposed recharacterization of his letter as a Section 2255 motion. If movant fails to so notify the Court within the thirty (30) day period, the Court will recharacterize the motion and consider it as a Section 2255 motion. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/22/2018) (bw)
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Request |
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| 1293 |
Filed: 6/20/2018, Entered: 6/21/2018 |
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MOTION Rule 60(b) Document filed by Alonzo McIntosh. (jw)
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Request |
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| 1292 |
Filed: 5/14/2018, Entered: 5/14/2018 |
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MEMO ENDORSEMENT: as to 13A2FDF (7) denying 1291 MOTION for Extension To File under 28 USC 2255. ENDORSEMENT: Denied. This Court lacks authority to extend the statutory period. While the 1-year period may be equitably tolled, there have has been no adequate showing for doing so. He is free to make such an argument if the respondent claims that a later 2255 is untimely. (Signed by Judge Lewis A. Kaplan on 5/14/2018) (ap) Modified on 5/15/2018 (jw).
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Request |
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| 1291 |
Filed: 5/9/2018, Entered: 5/10/2018 |
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MOTION for Extension To File under 28 USC 2255 Document filed by 13A2FDF. (jw)
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Request |
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| 1290 |
Filed: 5/8/2018, Entered: 5/8/2018 |
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MEMO ENDORSEMENT granting 1289 LETTER MOTION The Government respectfully submits this letter to request that the Court hold the habeas petition of the defendant AD57343, filed on April 5, 2018, in abeyance pending resolution of his pending appeal to the Second Circuit, which is not yet fully briefed...ENDORSEMENT...Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/7/18) (jw)
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Request |
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| 1289 |
Filed: 5/4/2018, Entered: 5/4/2018 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from AUSA Rachel Maimin dated 5/4/18 re: Hold Habeas Petition in Abeyance . Document filed by USA as to AD57343. (Maimin, Rachel)
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Request |
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| |
Filed: 5/3/2018, Entered: 5/4/2018 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Preliminary Revocation Hearing re: Supervised Release as to Jonathan Cummings held on 5/3/2018. VOSR hearing as to Jonathan Cummings (34). Defendant present with attorney Donna R. Newman. AUSA Rachel Maimin present. Court reporter Andrew 14C6E55 present. Upon the consent of all parties the term of supervised release was extended until 10/5/18. The defendant shall remain on supervised release during this time subject to the special conditions imposed by the 6/22/17 J&C as well as the following: complying with an outpatient drug treatment program approved by the Probation department, refraining from narcotics and alcohol, and subject to a 9:00pm to 7:00am curfew without electronic monitoring. The next VOSR hearing is scheduled for 9/5/18 at 3:00pm. (Preliminary Revocation Hearing set for 9/5/2018 at 03:00 PM before Judge Lewis A. Kaplan.) (ft)
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| 1288 |
Filed: 4/13/2018, Entered: 4/13/2018 |
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Judgment Returned Executed for 1053 Judgment as to Sean McIntosh on 8/10/17. Defendant committed to FCC Allenwood. (jw)
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| 1287 |
Filed: 4/9/2018, Entered: 4/9/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 7FC3D40. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/1/18 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)
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Request |
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| 1286 |
Filed: 4/9/2018, Entered: 4/9/2018 |
|
|
TRANSCRIPT of Proceedings as to 7FC3D40 re: Sentence held on 3/1/18 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/30/2018. Redacted Transcript Deadline set for 5/10/2018. Release of Transcript Restriction set for 7/9/2018. (McGuirk, Kelly)
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Request |
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| 1285 |
Filed: 4/6/2018, Entered: 4/9/2018 |
|
|
ORDER as to AD57343: The government shall respond to this motion [DI 1], pursuant to 28 U.S.C. § 2255, within thirty (30) days of the date of this Order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/6/2018) (lnl)
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Request |
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| 1284 |
Filed: 4/5/2018, Entered: 4/6/2018 |
|
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SEALED DOCUMENT placed in vault. (rz)
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| 1283 |
Filed: 4/5/2018, Entered: 4/6/2018 |
|
|
MOTION to Vacate under 28 U.S.C. 2255. Document filed by AD57343. (rdz) Civil case 1:18-cv-03037 opened. (rdz).
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Request |
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| 1282 |
Filed: 4/5/2018, Entered: 4/5/2018 |
|
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kraig Lewis. Notice is hereby given that an official transcript of a Sentence proceeding held on 2/27/18 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)
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Request |
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| 1281 |
Filed: 4/5/2018, Entered: 4/5/2018 |
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TRANSCRIPT of Proceedings as to Kraig Lewis re: Sentence held on 2/27/18 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/26/2018. Redacted Transcript Deadline set for 5/7/2018. Release of Transcript Restriction set for 7/5/2018. (McGuirk, Kelly)
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Request |
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| 1280 |
Filed: 4/2/2018, Entered: 4/2/2018 |
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Judgment Returned Executed for 1191 Judgment as to Andre Bent on 12/28/17. Defendant committed to FCC Allenwood. (jw)
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| 1279 |
Filed: 4/2/2018, Entered: 4/2/2018 |
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Judgment Returned Executed for 1218 Judgment as to Laquan 4C7A6DD on 12/28/17. Defendant committed to FCC Allenwood. (jw)
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| 1278 |
Filed: 3/8/2018, Entered: 3/12/2018 |
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SEALED DOCUMENT placed in vault. (mps)
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| 1277 |
Filed: 3/6/2018, Entered: 3/6/2018 |
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JUDGMENT In A Criminal Case (S1-16-Cr-212-06). Date of Imposition of Judgment: 3/1/2018. Defendant 7FC3D40 (6) pleaded guilty to Count(s) 2. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: 30 Months. The court makes the following recommendations to the Bureau of Prisons: That consistent with the policies of the BOP, the defendant be designated to a facility as close to the metropolitan New York area as possible. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 5 Years with the following special conditions of supervision: The defendant shall participate in substance abuse and mental health treatment programs approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of the available drug treatment evaluations and reports, the presentence report, and psychological and psychiatric reports and evaluations to the substance abuse and mental health treatment providers as approved by the probation office. -The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. -The mandatory drug testing condition is suspended because the condition of supervised release contemplates drug testing. Standard Conditions of Supervision (see page 4 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Lewis A. Kaplan on 3/6/2018)(bw)
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Request |
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| 1276 |
Filed: 3/6/2018, Entered: 3/6/2018 |
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JUDGMENT In A Criminal Case (S1-16-Cr-212-30). Date of Imposition of Judgment: 2/27/2018. Defendant Kraig Lewis (30) pleaded guilty to Count(s) 2. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: Time Served. SUPERVISED RELEASE: 2 Years term of supervised release with the following special conditions: The defendant shall participate in an outpatient substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. -The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. -The mandatory drug testing condition is suspended because the condition of supervised release contemplates drug testing. Standard Conditions of Supervision (See page 4 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Lewis A. Kaplan on 3/6/2018)(bw)
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Request |
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| |
Filed: 3/1/2018, Entered: 3/6/2018 |
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DISMISSAL OF COUNTS on Government Motion as to 7FC3D40 (6) Count 1,3,4. (bw)
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| |
Filed: 3/1/2018, Entered: 3/2/2018 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Sentencing held on 3/1/2018 for 7FC3D40 (6) Count 2. Defendant 7FC3D40 present with attorney Deveraux L. Cannick. AUSA Rachel Maimin present. Court reporter Kristen Carannante present. Defendant sentenced to 30months incarceration to be followed by a 5 year term of supervised release with the following special conditions of supervision: * The defendant shall participate in substance abuse and mental health treatment programs approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of the available drug treatment evaluations and reports, the presentence report, and psychological and psychiatric reports and evaluations to the substance abuse and mental health treatment providers as approved by the probation office. * The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. * The mandatory drug testing condition is suspended because the condition of supervised release contemplates drug testing. All open counts are dismissed upon the motion of the United States. Defendant remained detained. (jw)
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| 1275 |
Filed: 3/1/2018, Entered: 3/1/2018 |
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ORDER as to 7FC3D40. IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/1/2018)(ft)
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Request |
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| |
Filed: 2/27/2018, Entered: 3/6/2018 |
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DISMISSAL OF COUNTS on Government Motion as to Kraig Lewis (30) Count 1,3,4. (bw)
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| |
Filed: 2/27/2018, Entered: 3/6/2018 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 2/27/2018 for Kraig Lewis (30) Count 2. Sentencing as to defendant Kraig Lewis (30) held. Defendant Kraig Lewis (30) present with attorney David M. Chidekel. AUSA Jessica K. Feinstein present. Court reporter Michael McDaniel present. Defendant sentenced to Time Served followed by a 2 year term of supervised release. The defendant shall pay the $100 special assessment immediately. The term of supervised release has the following special conditions: * The defendant shall participate in an outpatient substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. * The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. Bail ordered exonerated. (bw)
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| 1274 |
Filed: 2/26/2018, Entered: 2/26/2018 |
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LETTER by Kraig Lewis addressed to Judge Lewis A. Kaplan from David Chidekel dated February 26, 2018 re: PSR Objections (Chidekel, David)
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Request |
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| 1273 |
Filed: 2/26/2018, Entered: 2/26/2018 |
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SENTENCING SUBMISSION by 7FC3D40. (Attachments: # 1 Exhibit Letters, # 2 Exhibit Photographs)(Cannick, Deveraux)
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Request |
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| 1270 |
Filed: 2/2/2018, Entered: 2/2/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kraig Lewis. Notice is hereby given that an official transcript of a Plea proceeding held on 1/9/18 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)
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Request |
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| 1269 |
Filed: 2/2/2018, Entered: 2/2/2018 |
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TRANSCRIPT of Proceedings as to Kraig Lewis re: Plea held on 1/9/18 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/23/2018. Redacted Transcript Deadline set for 3/5/2018. Release of Transcript Restriction set for 5/3/2018. (McGuirk, Kelly)
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Request |
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| 1266 |
Filed: 1/30/2018, Entered: 1/30/2018 |
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MEMO ENDORSEMENT as to CED7C0B on re: 1262 Letter filed by CED7C0B. ENDORSEMENT: The Court is entirely sympathetic to the defendant's efforts to represent himself notwithstanding his lack of legal training and naturally gives his pro se filing the requisite liberal reading. That said, it is impossible to understand what he is talking about with any degree of confidence concerning what he is trying to get at. This Court certainly did not "remove[] two case's [sic] from [defendant's] record that... didn't have any docket number... " Perhaps he is referred to the fact that the judgment of conviction dismissed all open counts on motion of the government, a reference to dismissal on the government's motion at the time of sentencing of the three counts in which defendant was charged in the superseding indictment and to which he did not plead guilty. What that might have to do, however, with respect to any "practical problem's" [sic] defendant is "having when it comes to" his classification and eligibility for a halfway house the Court does not understand. Nor does the Court know anything about any inability of the Bronx Criminal Court to find any disposition with respect to anything. Accordingly, the motion is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/30/2018) Copies Mailed By Chambers. (ft)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 1265 |
Filed: 1/17/2018, Entered: 1/17/2018 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Bruce D. Koffsky dated 01/17/2018 re: 1252 Order,,, re: Order for Hearing on January 23, 2018 . Document filed by 998E6CA. (Koffsky, Bruce)
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Request |
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| 1264 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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MEMO ENDORSEMENT granting 1259 LETTER MOTION filed by Kraig Lewis (30), addressed to Judge Lewis A. Kaplan from Attorney David Chidekel dated January 11, 2018 re: Permission to Travel. I am requesting that Mr. Lewis be permitted to travel to Orlando, Florida from January 19, 2018 and return on January 28, 2018. ENDORSEMENT: Granted on consent. (Signed by Judge Lewis A. Kaplan on 1/12/2018) (bw)
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Request |
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| 1263 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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NOLLE PROSEQUI (AFFIRMATION AND ORDER) ENTERED as to (S1-16-Cr-212-25) 498B8C9. 498B8C9 (25) Count 1,4. SO ORDERED: (Signed by Judge Katherine B. Forrest, Part 1, on 1/12/2018)(bw)
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Request |
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| 1262 |
Filed: 1/11/2018, Entered: 1/12/2018 |
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LETTER addressed to Clerk of the Court from Defendant (16-Cr-212-21) CED7C0B dated January 7, 2018 re: I'm requesting a motion to dispose because on the day of my Sentencing (April 25, 2017) my judge "Lewis A. Kaplan" removed two case's from my record that either didn't have any docket number or the bronx criminal court was unable to find any disposition for the case's. I'm asking for these documents because of the practical problems I'm having when it comes to my classification and further more it's stoping my eligiblty for halfway house. (bw)
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Request |
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| 1261 |
Filed: 1/11/2018, Entered: 1/11/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 7E93C8E. Notice is hereby given that an official transcript of a Sentence proceeding held on 11/14/17 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)
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Request |
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| 1260 |
Filed: 1/11/2018, Entered: 1/11/2018 |
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TRANSCRIPT of Proceedings as to 7E93C8E re: Sentence held on 11/14/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Sonya Ketter Moore, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/1/2018. Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction set for 4/11/2018. (McGuirk, Kelly)
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Request |
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| 1259 |
Filed: 1/11/2018, Entered: 1/11/2018 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from David Chidekel dated January 11, 2018 re: Permission to Travel . Document filed by Kraig Lewis. (Chidekel, David)
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Request |
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| |
Filed: 1/9/2018, Entered: 1/10/2018 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan as to Kraig Lewis; Sentencing set for 2/27/2018 at 04:00 PM before Judge Lewis A. Kaplan. (jw)
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Filed: 1/9/2018, Entered: 1/10/2018 |
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Order of Referral to Probation for Presentence Investigation and Report as to Kraig Lewis (Signed by Judge Lewis A. Kaplan on 1/9/2018)(jw)
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| |
Filed: 1/9/2018, Entered: 1/10/2018 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Plea entered by Kraig Lewis (30) Guilty of Lesser Offense as to Count 2. (jw)
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Filed: 1/9/2018, Entered: 1/10/2018 |
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Change of Not Guilty Plea to Guilty Plea as to Kraig Lewis (30) Count 2. (jw)
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Filed: 1/9/2018, Entered: 1/10/2018 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Change of Plea Hearing as to Kraig Lewis held on 1/9/2018. Defendant Kraig Lewis (30) present with attorney David M. Chidekel. AUSA Jessica K. Feinstein present. Court reporter Michael McDaniel present. The Court granted the joint motion of the Government and defendant Kraig Lewis to vacate the 6/22/2017 order accepting the 6/16/2017 guilty plea. Additionally, the Court granted defendant Kraig Lewis motion to withdraw the 6/16/2017 plea. Today the defendant entered a plea of Guilty to a lesser included offense within Count (S1)2. The Court ordered that the 9/7/2017 PSR be updated and that sentencing is rescheduled to 2/27/17 at 4:00pm. Bail was set as follows: $250,000 PRB signed by one FRP co-signer, travel restricted to SDNY and EDNY, surrender of travel documents and no new applications for such, regular Pretrial Services supervision; the defendant may be released today upon his own signature with the co-signer to sign no later than Friday, 1/12/2018. (jw)
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| 1258 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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Appearance Bond Entered as to (16-Cr-212-30) Kraig Lewis in amount of $250,000.00. $250,000 PRB signed by one FRP co-signer; travel restricted to SDNY and EDNY; surrender of travel documents and no new applications for such; regular Pretrial Services supervision; the defendant may be released today upon his own signature with the co-signer to sign no later than Friday, 1/12/2018. [Advice of Penalties and Sanctions dated 1/9/2018 attached. Defendant Released.] (bw)
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Request |
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| 1257 |
Filed: 1/9/2018, Entered: 1/9/2018 |
|
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ORDER as to Kraig Lewis: On June 16, 2017 defendant Kraig Lewis entered a plea of guilty to count (S1)4 before Mag. Judge James C. Francis. Today, upon the joint motion of the parties the Court vacates the June 22, 2017 Order accepting that plea allocution and grants the defendant's oral motion to withdraw the June 16, 2017 plea. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/9/2018) (lnl)
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Request |
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| 1256 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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ORDER as to Kraig Lewis: Bail conditions as to defendant Kraig Lewis are set as follows: $250,000 PRB signed by one FRP co-signer, travel restricted to SDNY and EDNY, surrender of travel documents and no new applications for such, regular Pretrial Services supervision; the defendant may be released today upon his own signature with the co-signer to sign no later than Friday, 1112/2018. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/9/2018) (lnl)
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Request |
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| |
Filed: 1/3/2018, Entered: 1/5/2018 |
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Change of Not Guilty Plea to Guilty Plea as to 7FC3D40 (6) Count 2. (jbo)
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Filed: 1/3/2018, Entered: 1/5/2018 |
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Change of Plea Hearing as to 7FC3D40 held on 1/3/2018. Plea entered by 7FC3D40 (6) Guilty of Lesser Offense as to Count 2. Defendant appears with attorney Deveraux L. Cannick for a Felony Plea. A.U.S.A. Rachel Maimin present for the government. Court reporter Tom Murray present. Defendant plead guilty to the lesser included offense Count 2 of the S1 superseding indictment. Magistrate Judge Lehrburger recommends Judge Kaplan to accept the plea. Detained. Sentencing is scheduled for April 11, 2018 at 4:00 p.m. (Sentencing set for 4/11/2018 at 04:00 PM before Judge Lewis A. Kaplan.) (jbo)
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| 1255 |
Filed: 1/3/2018, Entered: 1/3/2018 |
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CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by 7FC3D40. (jm)
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Request |
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| 1254 |
Filed: 1/2/2018, Entered: 1/2/2018 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Bruce D. Koffsky dated January 2, 2018 re: 1252 Order,,, re: January 2, 2018 . Document filed by 998E6CA. (Koffsky, Bruce)
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Request |
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| 1253 |
Filed: 12/21/2017, Entered: 12/21/2017 |
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ENDORSED LETTER as to Gary Arrington addressed to Judge Lewis A. Kaplan from Paul P. Martin dated 12/8/17 re: I am requesting the return of Mr. Arrington's passport...ENDORSEMENT: Granted on consent. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/21/17)(jw)
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Request |
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| 1252 |
Filed: 12/21/2017, Entered: 12/21/2017 |
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ORDER as to 998E6CA. The wife of this defendant has advised the Court that her husband has been unable to obtain copies of papers pertaining to his case from his attorney, Bruce D. Koffsky, Esq. In response to the first letter, a member of the Court's staff contacted Mr. Koffsky, who assured the staff member that he would contact Mrs. 998E6CA or 879974F directly to discuss the matter. Mrs. 879974F or 998E6CA recently informed the Court that Mr. Koffsky has not done so. In the circumstances, Mr. Koffsky and the Assistant United States Attorney shall appear personally before the Court on January 4, 2018 at 3:30 p.m. The Clerk shall mail copies of this order to the defendant and to Mrs. 998E6CA or 879974F. SO ORDERED. (***Mailed a copy of this order to defendant on 12/21/17***) (Signed by Judge Lewis A. Kaplan on 12/21/17)(jw)
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Request |
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| 1251 |
Filed: 12/21/2017, Entered: 12/21/2017 |
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LETTER by 998E6CA addressed to Judge Lewis A. Kaplan from A. Powell-Anderson dated 12/15/17 re: I wrote a letter on October 19, 2017 regarding my husband having difficulty obtaining copies of his discovery material from his atty Mr. Koffsky. I would like to know who do I have to contact regarding this matter (jw)
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Request |
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| 1250 |
Filed: 12/21/2017, Entered: 12/21/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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| 1249 |
Filed: 12/8/2017, Entered: 12/8/2017 |
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FIRST LETTER by Gary Arrington addressed to Judge Lewis A. Kaplan from Paul P. Martin dated December 8, 2017 re: Return of Passport (Martin, Paul)
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Request |
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| 1248 |
Filed: 12/6/2017, Entered: 12/6/2017 |
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ORDER as to 7FC3D40. Time excluded from 12/6/17 until 1/9/18. It is hereby ORDERED that the time between December 6, 2017, and January 9, 2018, is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161 (h) (7) (A), in the interests of justice. The court finds that the ends of justice served by granting the United States of America's application outweigh the interests of the public and the defendant in a speedy trial because it will afford the parties time to finalize a pretrial disposition of the case. (Signed by Judge Lewis A. Kaplan on 12/6/17)(jw)
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Request |
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| 1247 |
Filed: 12/5/2017, Entered: 12/5/2017 |
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MEMO ENDORSEMENT granting 1245 FIRST LETTER MOTION filed by 5C6213E (32), addressed to Judge Lewis A. Kaplan from Attorney 5C6213E dated 11/30/17 re: Permission to travel to grandfather's funeral. Travis would like permission to go to Jamaica, West Indies for the funeral from December 8, 2017 to December 10, 2017. ENDORSEMENT: Granted on consent. (Signed by Judge Lewis A. Kaplan on 12/5/2017) (bw)
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Request |
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| 1246 |
Filed: 12/5/2017, Entered: 12/5/2017 |
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MOTION for Joinder in Co-Defendants' objections andn requests for clarification. Document filed by Walter Jernigan. (Parsons, Inga)
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Request |
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| 1245 |
Filed: 12/1/2017, Entered: 12/1/2017 |
|
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FIRST LETTER MOTION addressed to Judge Lewis A. Kaplan from 5C6213E dated 11/30/17 re: Permission to travel to grandfather's funeral . Document filed by 5C6213E. (David, Joyce)
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Request |
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| |
Filed: 12/1/2017, Entered: 12/1/2017 |
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 5C6213E: Notice to Attorney Joyce Balaban David to RE-FILE Document 1244 FIRST MOTION to Travel. Use the event type Letter Motion found under the event list Motions. (ka)
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| 1244 |
Filed: 11/30/2017, Entered: 11/30/2017 |
|
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Travel . Document filed by 5C6213E. (David, Joyce) Modified on 12/1/2017 (ka).
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Request |
|
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| 1243 |
Filed: 11/21/2017, Entered: 11/21/2017 |
|
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ORDER as to 7E93C8E: IT IS HEREBY ORDERED that, provided there are no detainers against the defendnat 7E93C8E, this defendant is discharged from the custody of the United States Marshal immediately and in accordance with any special conditions as directed by the Court. (Signed by Judge Lewis A. Kaplan on 11/14/2017) (lnl)
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Request |
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| 1242 |
Filed: 11/20/2017, Entered: 11/20/2017 |
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MEMORANDUM AND ORDER as to Jabriel Lewis. The matter is before the Court on defendant's motion to vacate his sentence under 28 U.S.C. § 2255. Accordingly, the motion to vacate sentence pursuant to 28 U.S.C. § 2255 [DI 1083] is denied. A certificate of appealability is denied, and the Court certifies that any appeal here from would not be taken in good faith within the meaning of 28 U.S.C. § 1915(a)(3). (Signed by Judge Lewis A. Kaplan on 11/20/2017)(jw)
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Request |
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| 1241 |
Filed: 11/17/2017, Entered: 11/17/2017 |
|
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SEALED DOCUMENT placed in vault. (rz)
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| 1240 |
Filed: 11/16/2017, Entered: 11/16/2017 |
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JUDGMENT as to 7E93C8E (46), Count(s) 1, Imprisonment: TIME SERVED.; Count(s) 2, 3, 4, Dismissed. The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which mayinclude testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The mandatory drug testing condition is suspended because the conditions of supervised release contemplate drug testing. Lump sum payment of $100 due immediately, balance due. (Signed by Judge Lewis A. Kaplan on 11/16/2017)(ft)
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Request |
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| |
Filed: 11/16/2017, Entered: 11/16/2017 |
|
|
DISMISSAL OF COUNTS on Government Motion as to 7E93C8E (46) Count 2,3,4. (ft)
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| |
Filed: 11/14/2017, Entered: 11/15/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Sentencing held on 11/14/2017 for 7E93C8E (46) Count 1. Defendant 7E93C8E (46) present with attorney Gary Becker. AUSA Hagen Scotten present. Court reporter Sonya Moore present. Defendant sentenced to a term of incarceration of TIME SERVED to be followed by a 3 years term of supervised release with the following special conditions: The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. The defendant shall submit his person, residence, place of business,vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found.The defendant shall pay the $100 special assessment immediately. (jw)
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| 1239 |
Filed: 11/9/2017, Entered: 11/9/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Preston 3B7D68E. Notice is hereby given that an official transcript of a Plea proceeding held on 11/10/16 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)
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Request |
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| 1238 |
Filed: 11/9/2017, Entered: 11/9/2017 |
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TRANSCRIPT of Proceedings as to Preston 3B7D68E re: Plea held on 11/10/16 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Melissa Mormile, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/30/2017. Redacted Transcript Deadline set for 12/11/2017. Release of Transcript Restriction set for 2/7/2018. (McGuirk, Kelly)
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Request |
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Filed: 11/8/2017, Entered: 11/9/2017 |
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Received returned mail as to Mouhahamet Cherry Mail was addressed to Mouhahamet Cherry of Mouhahamet Cherry at USP Big Sandy, PO Box 2068, Inez, KY, 41224 and was returned for the following reason(s): Not deliverable as addressed. (ft)
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| 1237 |
Filed: 11/8/2017, Entered: 11/8/2017 |
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ORDER as to 7FC3D40. Upon the application of the United States of America,by and through Assistant United States Attorney Max Nicholas, and with the consent of 7FC3D40, by and through his counsel, it is hereby ORDERED that the time between November 8, 2017 and December 6, 2017, is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161 (h) (7) (A). The Court finds that the ends of justice served by the continuance and exclusion of time outweighthe best interests of the public and the defendant in a speedy trial, because the continuance and exclusion of time will permit the parties to continue to discuss a potential resolution of this matter, as represented in a letter to the Court from defense counsel. (Signed by Judge Lewis A. Kaplan on 11/8/2017)(ft)
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Request |
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| 1236 |
Filed: 11/8/2017, Entered: 11/8/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Wayne Leon. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/4/17 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)
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Request |
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| 1235 |
Filed: 11/8/2017, Entered: 11/8/2017 |
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TRANSCRIPT of Proceedings as to Wayne Leon re: Sentence held on 10/4/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/29/2017. Redacted Transcript Deadline set for 12/11/2017. Release of Transcript Restriction set for 2/6/2018. (McGuirk, Kelly)
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Request |
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Filed: 11/8/2017, Entered: 11/8/2017 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Laquan 4C7A6DD re: 1234 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd)
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Filed: 11/8/2017, Entered: 11/8/2017 |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Laquan 4C7A6DD to US Court of Appeals re: 1234 Notice of Appeal - Final Judgment. (nd)
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| 1234 |
Filed: 11/8/2017, Entered: 11/8/2017 |
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NOTICE OF APPEAL by Laquan 4C7A6DD from 1218 Judgment. (nd)
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Request |
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| 1233 |
Filed: 11/8/2017, Entered: 11/8/2017 |
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TRANSCRIPT REQUEST by Laquan 4C7A6DD No transcript ordered. (Marmur, Nathaniel)
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Request |
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| 1232 |
Filed: 11/7/2017, Entered: 11/7/2017 |
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LETTER by 7E93C8E addressed to Judge Lewis A. Kaplan from Gary G. Becker dated November 7, 2017 re: Re-submission of exhibits to Sentencing Memorandum of 7E93C8E, with description of each exhibit (Attachments: # 1 Letter from 7E93C8E, # 2 Letter from mother, Cynthia Fontenot, # 3 Letter from sister, Dominique Plummer, # 4 Letter from aunt, Adrianne 7E93C8E, # 5 Letter from aunt, LaToya Symonds, # 6 Letter from cousin, Darren Bryant, # 7 Letter from cousin, Roshanda Murray, # 8 Letter from brother-in-law, James H. Plummer, # 9 Certificates earned at the Metropolitan Detention Center, # 10 Educational records and samples of Mr. 7E93C8E college work, # 11 Employment records)(Becker, Gary)
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Request |
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| 1231 |
Filed: 11/7/2017, Entered: 11/7/2017 |
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SENTENCING SUBMISSION by 7E93C8E. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Becker, Gary)
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Request |
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| 1229 |
Filed: 11/7/2017, Entered: 11/7/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Laquan 4C7A6DD, Walter Jernigan. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/11/17 CORRECTED SENTENCE 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)
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Request |
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| 1228 |
Filed: 11/7/2017, Entered: 11/7/2017 |
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TRANSCRIPT of Proceedings as to Laquan 4C7A6DD, Walter Jernigan re: Sentence held on 10/11/17 CORRECTED SENTENCE before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2017. Redacted Transcript Deadline set for 12/8/2017. Release of Transcript Restriction set for 2/5/2018. (McGuirk, Kelly)
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Request |
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| 1227 |
Filed: 11/7/2017, Entered: 11/7/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Laquan 4C7A6DD, Walter Jernigan. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/11/17 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)
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Request |
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| 1226 |
Filed: 11/7/2017, Entered: 11/7/2017 |
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TRANSCRIPT of Proceedings as to Walter Jernigan re: Sentence held on 10/11/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2017. Redacted Transcript Deadline set for 12/8/2017. Release of Transcript Restriction set for 2/5/2018. (McGuirk, Kelly)
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Request |
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Filed: 11/3/2017, Entered: 11/28/2017 |
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Docket Annotation as to Jabriel Lewis: Copy of DI# 1222 mailed to Jabriel Lewis on 11/3/2017 by First Class Mail by RAS. (Mohan, Andrew)
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| 1230 |
Filed: 11/3/2017, Entered: 11/7/2017 |
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JUDGMENT as to Kevin 2353901 (14), Count(s) 1, 2, 3, Dismissed; Count(s) 4, Imprisonment: 84 months. Supervised Release: 3 years.The court makes the following recommendations to the Bureau of Prisons: That consistent with the defendant's security classification, he be designated to a facility as close to the New York metropolitan area as possible. In addition, the Court recommends that the defendant be considered for participation in the RDAP program. The defendant is remanded to the custody of the United States Marshal. The defendant shall provide the probation officer with any financial information he or she may request. The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found.The mandatory drug testing condition is suspended in light of the special condition that contemplates drug testing. Lump sum payment of $100 due immediately, balance due. (Signed by Judge Lewis A. Kaplan on 11/3/2017)(ft)
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Request |
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| |
Filed: 11/3/2017, Entered: 11/7/2017 |
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DISMISSAL OF COUNTS on Government Motion as to Kevin 2353901 (14) Count 1,2,3. (ft)
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| 1225 |
Filed: 11/3/2017, Entered: 11/3/2017 |
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JUDGMENT as to 3EE6E88 (12), Count(s) 1, Imprisonment: TIME SERVED to run concurrently with the defendant's undischarged term of incarceration imposed in the New York Supreme Court, Bronx County, index number 356-2013. Supervised release: 3 Years; Count(s) 2, 3, 4, Dismissed. The defendant shall provide the probation officer with any financial information he or she may request. The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The mandatory drug testing condition is suspended in light of the special condition that contemplates drug testing. Lump sum payment of $100 due immediately, balance due. (Signed by Judge Lewis A. Kaplan on 11/3/2017)(ft)
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Request |
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| 1224 |
Filed: 11/3/2017, Entered: 11/3/2017 |
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JUDGMENT as to Joshua Brown (10), Count(s) 1, 2, 3, Dismissed; Count(s) 4, Imprisonment: 60 Months. Supervised Release: 3 Years. The court makes the following recommendations to the Bureau of Prisons: That consistent with the defendant's security classification, he be designated to a facility as close to the New York metropolitan area as possible. In addition, the Court recommends that the defendant be considered for participation in the RDAP program. The defendant shall provide the probation officer with any financial information he or she may request. The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to detem1ine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer.The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The mandatory drug testing condition is suspended in light of the special condition that contemplates drug testing. Lump sum payment of$ I 00 due immediately, balance due. (Signed by Judge Lewis A. Kaplan on 11/3/2017)(ft)
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Request |
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| 1223 |
Filed: 11/3/2017, Entered: 11/3/2017 |
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JUDGMENT as to Elijah Brown. Counts 1, 4, Imprisonment: 72 Months on Count (Sl)One and 60 months on Count (S1)Four, the terms to run consecutively for anaggregate term of imprisonment of 132 months. Supervised Release: 3 Years with the following special condition of supervision: The defendant shall provide the probation officer with any financial information he or she may request. The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The mandatory drug testing condition is suspended in light of the special condition that contemplates drug testing.; Count(s) 2, 3, Dismissed. The court makes the following recommendations to the Bureau of Prisons: That consistent with the defendant's security classification, he be designated to a facility as close to the New York metropolitan area as possible. In addition, the Court recommends that the defendant be considered for participation in the RDAP program. Lump sum payment of $200 due immediately, balance due. (Signed by Judge Lewis A. Kaplan on 11/3/2017)(ft)
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Request |
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| |
Filed: 11/3/2017, Entered: 11/3/2017 |
|
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DISMISSAL OF COUNTS on Government Motion as to Elijah Brown (9) Count 2, 3. (ft)
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| 1222 |
Filed: 11/3/2017, Entered: 11/3/2017 |
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ORDER as to Jabriel Lewis. Petitioner shall file any reply papers in response to the government's letter opposing petitioner's motion to vacate his sentence under 28 U.S.C. § 2255 [DI 1083] within ten (10) days of the date of this Order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/3/2017)(ft)
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Request |
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| 1221 |
Filed: 11/2/2017, Entered: 11/2/2017 |
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ORDER as to 3EE6E88. The Court having today sentenced this defendant to TIME SERVED, IT IS HEREBY ORDERED that, provided there are no outstanding detainers against the defendant 3EE6E88, this defendant is discharged from the custody of the United States Marshal immediately and in accordance with any special conditions as directed by the Court. (Signed by Judge Lewis A. Kaplan on 10/26/2017)(ft)
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Request |
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Filed: 10/30/2017, Entered: 1/13/2020 |
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***DELETED DOCUMENT. Deleted document number 1220. "NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to (16-Cr-212-02) Andre Bent. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/19/17 has been filed by the court reporter/transcriber in the above-captioned matter. The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 10/30/2017 by (McGuirk, Kelly). Court Reporters Office/SDNY requested the deletion of this docket entry on 1/13/2020. ***] (bw)
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Filed: 10/30/2017, Entered: 1/13/2020 |
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***DELETED DOCUMENT. Deleted document number 1219. "TRANSCRIPT of Proceedings as to (16-Cr-212-02) Andre Bent re: Sentence held on 9/19/17 before Judge Lewis A. Kaplan" The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 10/30/2017 by (McGuirk, Kelly). Court Reporters Office/SDNY requested the deletion of this docket entry on 1/13/2020. ***] (bw)
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| 1218 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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JUDGMENT as to Laquan 4C7A6DD (1), Count(s) 1, 4, Imprisonment: 135 Months on Count (S1) One and 60 months on Count (S1) Four, the terms to run consecutively for an aggregate term of imprisonment of 195 months. Supervised Release: 3 Years with the following special condition of supervision: The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found.; Count(s) 2, 3, Dismissed. The court makes the following recommendations to the Bureau of Prisons: That consistent with the defendant's security classification, he be designated to a facility as close to the New York metropolitan area as possible with the exception to USP Canaan to which the Court recommends against. The defendant is remanded to the custody of the United States Marshal. Lump sum payment of $200 due immediately. (Signed by Judge Lewis A. Kaplan on 10/26/2017)(ft)
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Request |
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| |
Filed: 10/27/2017, Entered: 10/27/2017 |
|
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DISMISSAL OF COUNTS on Government Motion as to Laquan 4C7A6DD (1) Count 2, 3. (ft)
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| 1217 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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JUDGMENT as to Walter Jernigan. The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found.; Count(s) 2, 3, 4, Dismissed. The court makes the following recommendations to the Bureau of Prisons: That consistent with the defendant's security classification, he be designated as close to the New York metropolitan area as possible. The defendant is remanded to the custody of the United States Marshal. Lump sum payment of $100 due immediately, balance due. (Signed by Judge Lewis A. Kaplan on 10/26/2017)(ft) Modified on 11/20/2017 (ft).
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Request |
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| |
Filed: 10/27/2017, Entered: 10/27/2017 |
|
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DISMISSAL OF COUNTS on Government Motion as to Walter Jernigan (22) Count 2, 3, 4. (ft)
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| |
Filed: 10/26/2017, Entered: 11/7/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Sentencing held on 10/26/2017 for Kevin 2353901 (14) Count 4. Sentencing held on 10/26/2017 for Kevin 2353901 (14) Count 2. Defendant KevinMattison present with attorney Michael K. Burke. AUSA Drew Johnson Skinnerpresent. Court reporter Khris Sellin present. Defendant sentenced to a term ofimprisonment of 84 followed by a 3 year term of supervised release. The term ofsupervised release is subject to the following special conditions: * The defendant shall provide the probation officer with any financial information he or she may request. * The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. * The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. * The mandatory drug testing condition is suspended in light of the special condition that contemplates drug testing. The defendant shall pay the $100 special assessment immediately. Defendant remained detained. Consistent with the policies of the BOP, the Court recommends designation to a facility as close to the New York metropolitan area as possible. Additionally, theCourt recommends that the defendant be considered for participation in the RDAP program. All open counts were dismissed upon motion of the Government. The defendant remained detained. (ft)
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| |
Filed: 10/26/2017, Entered: 11/3/2017 |
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DISMISSAL OF COUNTS on Government Motion as to 3EE6E88 (12) Count 2,3,4. (ft)
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Filed: 10/26/2017, Entered: 11/3/2017 |
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DISMISSAL OF COUNTS on Government Motion as to Joshua Brown (10) Count 1,2,3. (ft)
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Filed: 10/26/2017, Entered: 10/26/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 10/26/2017 for Elijah Brown (9) Count 1,4. Defendant Elijah Brown present with attorney Elvis A. Jardines. AUSA Drew Johnson Skinner present. Court reporter Khris Sellin present. Defendant sentenced to a term of imprisonment of 72 months on Count (S1)1 and 60 months as to Count (S1)4, the terms to run consecutively for an aggregate total of 132 months. The term of incarceration shall be followed by a 3 year term of supervised release. The term of supervised release is subject to the following special conditions: * The defendant shall provide the probation officer with any financial information he or she may request. * The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. * The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. * The mandatory drug testing condition is suspended in light of the special condition that contemplates drug testing. The defendant shall pay the $200 special assessment immediately. Defendant remained detained. Consistent with the policies of the BOP, the Court recommends designation to a facility as close to the New York metropolitan area as possible. Additionally, the Court recommends that the defendant be considered for participation in the RDAP program. All open counts were dismissed upon motion of the Government. The defendant remained detained. (jbo)
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| |
Filed: 10/26/2017, Entered: 10/26/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Sentencing held on 10/26/2017 for Joshua Brown (10) Count 4. Defendant JoshuaBrown present with attorney Daniel Parker. AUSA Drew Johnson Skinner present.Court reporter Khris Sellin present. Defendant sentenced to a term of imprisonment of 60 months followed by a 3 year term of supervised release. The term of supervised release is subject to the following special conditions: The defendant shall provide the probation officer with any financial informationhe or she may request. The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has revertedto using drugs or alcohol. The Court authorizes the release of available drugtreatment evaluations and reports to the substance abuse treatment provider asapproved by the probation officer. The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The mandatory drug testing condition is suspended in light of the special conditionthat contemplates drug testing.The defendant shall pay the $100 special assessment immediately. Defendantremained detained.Consistent with the policies of the BOP, the Court recommends designation to a facility as close to the New York metropolitan area as possible. Additionally, theCourt recommends that the defendant be considered for participation in the RDAP program. All open counts were dismissed upon motion of the Government. The defendant remained detained (jw)
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| |
Filed: 10/26/2017, Entered: 10/26/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Sentencing held on 10/26/2017 for 3EE6E88 (12) Count 1. Defendant RobertPope present with attorney Rita Glavin and Alexander McCabe. AUSA DrewJohnson Skinner present. Court reporter Khris Sellin present. Defendant sentencedto a term of imprisonment of TIME SERVED followed by a 3 year term ofsupervised release. The term of supervised release is subject to the following specialconditions:* The defendant shall provide the probation officer with any financial informationhe or she may request.* The defendant shall participate in a substance abuse program approved by the U.S.Probation Office, which may include testing to determine whether he has revertedto using drugs or alcohol. The Court authorizes the release of available drugtreatment evaluations and reports to the substance abuse treatment provider asapproved by the probation officer.* The defendant shall submit his person, residence, place of business, vehicle, andother premises under his control to a search at a reasonable time and in a reasonablemanner, on the basis that the probation officer has reasonable belief that contrabandor evidence of a violation of the conditions of his release may be found.* The mandatory drug testing condition is suspended in light of the special conditionthat contemplates drug testing.The defendant shall pay the $100 special assessment immediately. Defendantremained detained.All open counts were dismissed upon motion of the Government.The defendant shall pay the $100 special assessment immediately. (jw)
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| 1216 |
Filed: 10/23/2017, Entered: 10/23/2017 |
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LETTER by Kevin 2353901 addressed to Judge Lewis A. Kaplan from Michael K. Burke dated 10/23/2017 re: Supplement to Sentencing Memorandum (Attachments: # 1 Supplement Supplemental character letter)(Burke, Michael)
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Request |
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| 1215 |
Filed: 10/20/2017, Entered: 10/20/2017 |
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SENTENCING SUBMISSION by 3EE6E88. (Attachments: # 1 Exhibit A - Letters from family in support of defendant, # 2 Exhibit B - Letters from friends in support of defendant, # 3 Exhibit C- Certificates of courses completed, # 4 Exhibit D - Report on Queensboro Correctional Facility by the Correctional Association of New York, # 5 Exhibit E - Letter from defendant, 3EE6E88)(Glavin, Rita)
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Request |
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| 1212 |
Filed: 10/17/2017, Entered: 10/17/2017 |
|
|
ORDER as to 7FC3D40. Time excluded from 10/19/17 until 11/8/17. It is hereby ORDERED that the time between October 19, 2017, and November 8, 2017, is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h) (7) (A), in the interests of justice. The court finds that the ends of justice served by granting the United States of America's application outweigh the interests of the public and the defendant in a speedy trial because it will afford the parties time to finalize a pretrial disposition of the case (Signed by Judge Lewis A. Kaplan on 10/17/17)(jw)
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Request |
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| 1211 |
Filed: 10/16/2017, Entered: 10/16/2017 |
|
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kraig Lewis. Notice is hereby given that an official transcript of a Conference proceeding held on 10/11/17 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)
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Request |
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| 1210 |
Filed: 10/16/2017, Entered: 10/16/2017 |
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TRANSCRIPT of Proceedings as to Kraig Lewis re: Conference held on 10/11/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/6/2017. Redacted Transcript Deadline set for 11/16/2017. Release of Transcript Restriction set for 1/14/2018. (McGuirk, Kelly)
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Request |
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| 1209 |
Filed: 10/13/2017, Entered: 10/13/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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| 1208 |
Filed: 10/12/2017, Entered: 10/12/2017 |
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SENTENCING SUBMISSION by Kevin 2353901. (Attachments: # 1 Supplement Character reference letters)(Burke, Michael)
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Request |
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| 1207 |
Filed: 10/12/2017, Entered: 10/12/2017 |
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JUDGMENT In A Criminal Case (S1-16-Cr-212-35). Date of Imposition of Judgment: October 4, 2017. Defendant Wayne Leon (35) pleaded guilty to Count(s) 1. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: TIME SERVED. SUPERVISED RELEASE: 3 Years with the following special conditions: -The defendant shall perform not less than 50, nor more than 200, hours of community service as determined and directed by the probation officer who, in fixing the amount and the timing of your community service, is directed to take into account interfering with his employment to the minimal degree possible, if there should be any conflicts. -The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be ground for revocation of his supervised release. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. Standard Conditions of Supervision (see page 4 of Judgment). ASSESSMENT: $100, due immediately. (Signed by Judge Lewis A. Kaplan on 10/9/2017)(bw)
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Request |
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Filed: 10/12/2017, Entered: 10/12/2017 |
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Mailed copy of S1 Indictment D.E. 5, Judgment (without Statement of Reasons) D.E. 1034 and Memo Endorsed Letter D.E. 1206 to Mouhahamet Cherry Reg. #77486-054, United States Penitentiary Canaan, P.O. Box 300, Waymart, PA 18472 on October 12, 2017. (dn)
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Filed: 10/11/2017, Entered: 10/27/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 10/11/2017 for Laquan 4C7A6DD (1) Count 1. Defendant Laquan 4C7A6DD (01) present with attorney Nathaniel Z. Marmur. AUSA Jessica K. Feinstein present. Court reporter Kelly Surina present. Defendant Laquan 4C7A6DD sentenced to a term of imprisonment of 135 months on Count (S1)One and 60 months on Count (S1)Four, the terms to run consecutively for an aggregate term of imprisonment of 195 months. Thereafter Laquan 4C7A6DD shall serve a 3 year term of supervised release, and he shall pay the mandatory special assessment of $200. The term of supervised release shall be subject to the mandatory and standard conditions of supervision 1 through 13 in addition to the following special condition: The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The court recommends a designation as close to the New York Metropolitan area as possible with the exception to USP Canaan to which the Court recommends against. Defendant remained detained. All open counts were dismissed upon motion of the Government. (ft)
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Filed: 10/11/2017, Entered: 10/17/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Sentencing held on 10/11/2017 for Walter Jernigan (22) Count 1. Defendant Walter Jernigan (22) present with attorney Inga L. Parsons. AUSA Jessica K. Feinstein present. Court reporter Kelly Surina present. Defendant Walter Jernigan sentenced to a term of imprisonment of 84 months, that he thereafter serve a term of supervised release of 3 years, and that he pay the mandatory special assessment of $100. The term of supervised release shall be subject to the mandatory and standard conditions of supervision 1 through 13 in addition to the following special conditions: The defendant shall participate in outpatient mental health treatment program approved by the U.S. Probation Office. The defendant shall take any prescribedmedications as directed. The court authorizes the release of available psychological and psychiatric evaluations and reports, including the presentence report, to the mental health treatment provider. The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The court recommends a designation as close to the New York Metropolitan area as possible. Defendant remained detained. All open counts were dismissed upon motion of the Government. (jw)
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Filed: 10/11/2017, Entered: 10/17/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Kraig Lewis held on 10/11/2017 ( Sentencing set for 10/26/2017 at 10:30 AM before Judge Lewis A. Kaplan.) Defendant Kraig Lewis (30) present with attorney David M. Chidekel. AUSA Jessica K. Feinstein present. Court reporter Kelly Surina present. Sentencing hearing begun and adjourned to 10/26/17 at 10:30am. Defendant remained detained (jw)
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Filed: 10/11/2017, Entered: 10/11/2017 |
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Request for Copies/Transcripts/Docket Sheet Received re: 1206 ENDORSED LETTER: as to Mouhahamet Cherry. Request for Judgment and Commitment (S1) Superseding indictment, from Mouhahamet Cherry received on 10/1/2017. (ft)
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| 1206 |
Filed: 10/11/2017, Entered: 10/11/2017 |
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ENDORSED LETTER as to Mouhahamet Cherry addressed to Judge Lewis A. Kaplan from Mouhahamet Cherry dated 10/1/2017 re: Copies of Documents. ENDORSEMENT: The Clerk shall provide the defendant with only the following documents and do so without payment of fees: 1. (S 1) Superseding indictment 2. Judgment of conviction of this defendant (without statement of reasons). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/11/2017)(ft)
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Request |
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| 1205 |
Filed: 10/10/2017, Entered: 10/10/2017 |
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ORDER as to Walter Jernigan. IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/9/2017)(ft)
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Request |
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| 1204 |
Filed: 10/10/2017, Entered: 10/10/2017 |
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LETTER addressed to Clerk of Court from Defendant (S1-16-Cr-212-23) Mouhahamet Cherry dated 10/1/17 re: I am indigent with no support or source of income. Therefore, I'm unable to personally purchase these documents. I'm fully aware that these is a required fee of 0.50cents per page for these documents. As a one time courtesy I'm asking to receive these documents free of charge or by waiver of payment. (bw)
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Request |
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| 1203 |
Filed: 10/9/2017, Entered: 10/9/2017 |
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SENTENCING SUBMISSION by Joshua Brown. (Parker, Daniel)
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Request |
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| 1201 |
Filed: 10/6/2017, Entered: 10/6/2017 |
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Sentencing Letter by Walter Jernigan addressed to Hon. Lewis A. Kaplan from Inga L. Parsons dated 10/6/2017 re: Sentencing Submission. (Attachments: # 1 Exhibit Psychological Report REDACTED, # 2 Exhibit Defendant's Letter to Court)(Parsons, Inga)
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Request |
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Filed: 10/6/2017, Entered: 10/6/2017 |
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Payment of Special Assessment from Dante Gregory in the amount of $200.00. Date Received: 10/06/2017. (jkr)
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| 1199 |
Filed: 10/6/2017, Entered: 10/6/2017 |
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SENTENCING SUBMISSION by USA as to Laquan 4C7A6DD. (Attachments: # 1 Exhibit A)(Maimin, Rachel)
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Request |
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| 1198 |
Filed: 10/5/2017, Entered: 10/5/2017 |
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SENTENCING SUBMISSION by Kraig Lewis. (Attachments: # 1 Exhibit US PROBATION PSR, # 2 Exhibit US Probation PSR, # 3 Exhibit US Probation PSR, # 4 Exhibit NYPD Complaint form, # 5 Exhibit LETTER E. C, # 6 Exhibit LETTER E. D, # 7 Exhibit LETTER E. E, # 8 Exhibit LETTER E. F, # 9 Exhibit LETTER E. G, # 10 Exhibit LETTER E. H, # 11 Exhibit LETTER E. I, # 12 Exhibit LETTER E. J, # 13 Exhibit LETTER E. K, # 14 Exhibit LETTER E. L, # 15 Exhibit LETTER E. M, # 16 Exhibit CERTIFICATES MDC, # 17 Exhibit CERTIFICATES MDC, # 18 Exhibit CERTIFICATES MDC)(Chidekel, David)
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Request |
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Filed: 10/4/2017, Entered: 10/12/2017 |
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DISMISSAL OF COUNTS on Government Motion as to Wayne Leon (35) Count 2,3,4. (bw)
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Filed: 10/4/2017, Entered: 10/5/2017 |
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Payment of Special Assessment from Wayne Leon in the amount of $100.00. Date Received: 10/4/2017. (aa)
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| 1197 |
Filed: 10/4/2017, Entered: 10/4/2017 |
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SENTENCING SUBMISSION by Kraig Lewis. (Chidekel, David)
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Request |
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Filed: 10/4/2017, Entered: 10/4/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 10/4/2017 for Wayne Leon (35) Count 1. Defendant present with attorney Jesse Siegel. A.U.S.A. Rachel Maimin present for the Government. Court reporter Rebecca Forman present. Defendant sentenced to TIME SERVED, to be followed by a 3 year term of supervised release with the following special conditions: * The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be ground for revocation of his supervised release. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. * The defendant shall serve no less than 50 hours, but no more than 200 hours of community service, at the discretion of the probation officer under the condition that the supervised release does not interfere with the defendant's employment. The defendant shall pay the $100 special assessment immediately. All open counts were dismissed upon motion of the Government. (jbo)
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| 1196 |
Filed: 10/2/2017, Entered: 10/2/2017 |
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MEMO ENDORSEMENT as to (16-Cr-212-19) 879974F on re: 1192 LETTER by 879974F addressed to Judge Lewis A. Kaplan from Attorney Eric R. Breslin dated September 25, 2017 re: Request for Authorization. On July 13, 2016, the Court granted my application to have Melissa Geller appointed as associate counsel (see attached). After conferring with Jerry Tritz, the Case Budgeting Attorney, we submitted an application to have Ms. Geller paid at $110 per hour. Mr. Tritz has no objection to this rate. We are thus requesting that the Court authorize payment for Ms. Geller at a rate of $110 per hour. ENDORSEMENT: Approved. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 10/2/2017)(bw)
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Request |
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| 1195 |
Filed: 10/2/2017, Entered: 10/2/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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| Save 25% on a pre-paid one year subscription. |
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| 1194 |
Filed: 10/2/2017, Entered: 10/2/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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| 1193 |
Filed: 9/27/2017, Entered: 9/27/2017 |
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SENTENCING SUBMISSION by Laquan 4C7A6DD. (Attachments: # 1 Exhibit Certificates, # 2 Exhibit Letters of Support)(Marmur, Nathaniel)
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Request |
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| 1192 |
Filed: 9/25/2017, Entered: 9/25/2017 |
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LETTER by 879974F addressed to Judge Lewis A. Kaplan from Eric R. Breslin dated September 25, 2017 re: Request for Authorization (Breslin, Eric)
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Request |
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| 1191 |
Filed: 9/22/2017, Entered: 9/22/2017 |
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JUDGMENT as to Andre Bent. Imprisonment: 135 Months, 80 of which shall run concurrently with the undischarged state term of imprisonment imposed in 2011 (Case No. 01462-2011), after which the balance of this term of imprisonment shall run consecutive to the state sentence. The court makes the following recommendations to the Bureau of Prisons: Consistent with the policies of the BOP, the Court recommends designation to a facility as close to the NY metropolitan area as possible. Supervised Release: 3 Years with the following special conditions: The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be ground for revocation of his supervised release. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. The defendant shall follow all directions of the Bureau of Citizenship and Immigration Services in any proceedings it may institute.If the defendant is removed or deported from the United States, he shall not reenter the United States illegally. Lump sum payment of $100 due immediately. (Signed by Judge Lewis A. Kaplan on 9/22/2017)(ft)
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Request |
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Filed: 9/22/2017, Entered: 9/22/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 9/22/2017 for Andre Bent (2) Count 1. (ft)
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Filed: 9/22/2017, Entered: 9/22/2017 |
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DISMISSAL OF COUNTS on Government Motion as to Andre Bent (2) Count 2,3,4. (ft)
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| 1189 |
Filed: 9/12/2017, Entered: 9/12/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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| 1188 |
Filed: 9/11/2017, Entered: 9/11/2017 |
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Sentencing Letter by Elijah Brown addressed to Judge Lewis A. Kaplan from Elvis A. Jardines, Esq. dated September 6, 2017 re: Corrected sentencing memo. (Jardines, Elvis)
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Request |
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| 1187 |
Filed: 9/11/2017, Entered: 9/11/2017 |
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Sentencing Letter by Elijah Brown addressed to Judge Lewis A. Kaplan from Elvis A. Jardines, Esq. dated September 6, 2017 re: Sentencing memorandum. (Jardines, Elvis)
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Request |
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| 1186 |
Filed: 9/11/2017, Entered: 9/11/2017 |
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NOLLE PROSEQUI ENTERED as to (S1-16-Cr-212-39) Patrick Littlejohn. Patrick Littlejohn (39) Count 1,2,3,4. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 9/11/2017)(bw)
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Request |
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| 1185 |
Filed: 9/11/2017, Entered: 9/11/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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| 1184 |
Filed: 9/11/2017, Entered: 9/11/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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Filed: 9/11/2017, Entered: 9/11/2017 |
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Payment of Special Assessment from Andrew Moncrieffe in the amount of $100.00. Date Received: 9/11/2017. (jkr)
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Filed: 9/7/2017, Entered: 9/7/2017 |
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Payment of Special Assessment from Rodrigo Gonzalez in the amount of $100.00. Date Received: 9/7/2017. (aa)
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| 1182 |
Filed: 9/6/2017, Entered: 9/6/2017 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Gary G. Becker dated September 6, 2017 re: Request that the Probation Department Prepare an Addendum to PSR or Make Revisions to it . Document filed by 7E93C8E. (Becker, Gary)
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Request |
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Filed: 9/6/2017, Entered: 9/6/2017 |
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Payment of Special Assessment from Gary Arrington in the amount of $100.00. Date Received: 9/6/2017. (jkr)
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| 1181 |
Filed: 9/5/2017, Entered: 9/5/2017 |
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SENTENCING SUBMISSION by Andre Bent. (Epstein, Bennett)
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Request |
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Filed: 8/29/2017, Entered: 9/14/2017 |
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Payment of Special Assessment from Marcel Bent in the amount of $10.00. Date Received: 08/29/17. (mpk)
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| 1180 |
Filed: 8/28/2017, Entered: 8/28/2017 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Elvis A. Jardines, Esq. dated August 28, 2017 re: adjournment of sentencing . Document filed by Elijah Brown. (Jardines, Elvis)
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Request |
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Filed: 8/25/2017, Entered: 8/25/2017 |
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Transmission of USCA Mandate/Order to the District Judge re: 1179 USCA Mandate. (tp)
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| 1179 |
Filed: 8/25/2017, Entered: 8/25/2017 |
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MANDATE of USCA (Certified Copy) as to 7E93C8E re: 665 Notice of Appeal - Interlocutory, USCA Case Number 16-3785. Appellant filed an unopposed motion to withdraw his appeal. IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/25/2017. (tp)
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Request |
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| 1178 |
Filed: 8/24/2017, Entered: 8/24/2017 |
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LETTER by Kraig Lewis addressed to Judge Lewis A. Kaplan from David Chidekel dated August 23, 2017 re: Objections to PSR (Chidekel, David)
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Request |
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Filed: 8/24/2017, Entered: 8/24/2017 |
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Kraig Lewis: Notice to Attorney David Myrem Chidekel to RE-FILE Document 1176 Response. Use the event type Letter found under the event list Other Documents. (ka)
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| 1176 |
Filed: 8/23/2017, Entered: 8/23/2017 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE by Kraig Lewis . (Chidekel, David) Modified on 8/24/2017 (ka).
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Request |
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| 1175 |
Filed: 8/17/2017, Entered: 8/17/2017 |
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Judgment Returned Executed for 777 Judgment, as to Marcel Bent (16) on January 27, 2017. Defendant committed to Moshannon Valley Correctional Center at Philipsburg, PA. (bw)
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| 1174 |
Filed: 8/17/2017, Entered: 8/17/2017 |
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Judgment Returned Executed for 929 Judgment as to Aaron B87152A on 4/20/17. Defendant committed to ALX Allenwood. (jw)
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| 1173 |
Filed: 8/14/2017, Entered: 8/14/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 7E93C8E. Notice is hereby given that an official transcript of a Plea proceeding held on 8/11/17 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)
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Request |
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| 1172 |
Filed: 8/14/2017, Entered: 8/14/2017 |
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TRANSCRIPT of Proceedings as to 7E93C8E re: Plea held on 8/11/17 before Magistrate Judge Ronald L. Ellis. Court Reporter/Transcriber: Jerry Harrison, (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 9/5/2017. Redacted Transcript Deadline set for 9/14/2017. Release of Transcript Restriction set for 11/13/2017. (McGuirk, Kelly)
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Request |
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Filed: 8/11/2017, Entered: 8/15/2017 |
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Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Status Conference as to 7E93C8E held on 8/11/2017. Defendant appears with attorney Gary Becker. A.U.S.A. Rachel Maimin present for the government. Court reporter Jerry Harrison present. Defendant read supplemental plea allocution. Magistrate Judge Ellis recommends that Judge Kaplan accept the supplemental plea allocution. Detained. (jw)
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| 1171 |
Filed: 8/11/2017, Entered: 8/11/2017 |
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Minute Entry on "Disposition Sheet" for proceedings held before Magistrate Judge Ronald L. Ellis: Status Conference (Supp. Felony Plea) as to (16-Cr-212-46) 7E93C8E held on 8/11/2017. AUSA Rachel Maimin. Defense Counsel Gary Becker. COMMENTS: Supplemental Allocution read into Record. Detention continued. (bw)
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Request |
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| 1170 |
Filed: 8/9/2017, Entered: 8/9/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 879974F, Nicholas Bailey, Ronald Matthews, Emile 879974F or 998E6CA. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/11/17 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)
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Request |
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| 1169 |
Filed: 8/9/2017, Entered: 8/9/2017 |
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TRANSCRIPT of Proceedings as to 879974F, Nicholas Bailey, Ronald Matthews, Emile 998E6CA or 879974F re: Sentence held on 7/11/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2017. Redacted Transcript Deadline set for 9/11/2017. Release of Transcript Restriction set for 11/7/2017. (McGuirk, Kelly)
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Request |
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| 1168 |
Filed: 8/9/2017, Entered: 8/9/2017 |
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ORDER granting 1167 LETTER MOTION approval of associate billing rate as to AD57343 (24). (Signed by Judge Lewis A. Kaplan on 8/9/2017) (Kaplan, Lewis)
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Filed: 8/8/2017, Entered: 8/16/2017 |
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Payment of Special Assessment from Williams B87152A in the amount of $20.00. Date Received: 8/8/2017. (nm)
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| 1167 |
Filed: 8/8/2017, Entered: 8/8/2017 |
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LETTER MOTION addressed to Judge Lewis A. Kaplan from Susan V. Tipograph dated 08/04/2017 re: approve associate attorney hourly rate . Document filed by AD57343. (Tipograph, Susan)
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Request |
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| 1166 |
Filed: 8/8/2017, Entered: 8/8/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Rodrigo Gonzalez. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/30/17 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)
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Request |
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| 1165 |
Filed: 8/8/2017, Entered: 8/8/2017 |
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TRANSCRIPT of Proceedings as to Rodrigo Gonzalez re: Sentence held on 5/30/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/29/2017. Redacted Transcript Deadline set for 9/8/2017. Release of Transcript Restriction set for 11/6/2017. (McGuirk, Kelly)
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Request |
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| 1163 |
Filed: 8/3/2017, Entered: 8/3/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 879974F, Nicholas Bailey, Ronald Matthews, Emile 998E6CA or 879974F. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/11/17 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.... (Siwik, Christine)
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Request |
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| 1162 |
Filed: 8/3/2017, Entered: 8/3/2017 |
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TRANSCRIPT of Proceedings as to 879974F, Nicholas Bailey, Ronald Matthews, Emile 879974F or 998E6CA re: Sentence held on 7/11/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2017. Redacted Transcript Deadline set for 9/5/2017. Release of Transcript Restriction set for 11/1/2017. (Siwik, Christine)
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Request |
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Filed: 8/3/2017, Entered: 8/3/2017 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Jaquan McIntosh re: 1161 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp)
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Filed: 8/3/2017, Entered: 8/3/2017 |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Jaquan McIntosh to US Court of Appeals re: 1161 Notice of Appeal - Final Judgment. (tp)
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Filed: 8/3/2017, Entered: 8/3/2017 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Preston 3B7D68E re: 1159 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (nd)
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Filed: 8/3/2017, Entered: 8/3/2017 |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Preston 3B7D68E to US Court of Appeals re: 1159 Notice of Appeal. (nd)
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| 1158 |
Filed: 8/1/2017, Entered: 8/1/2017 |
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JUDGMENT In A Criminal Case (S1-16-Cr-212-17). Date of Imposition of Judgment: July 19, 2017. Defendant Preston 3B7D68E (17) pleaded guilty to Count(s) 1. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: 108 Months. The court makes the following recommendations to the Bureau of Prisons: That consistent with the policies of the BOP, the defendant be designated to a facility as close to the NY metropolitan area as possible. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 Years with the following special conditions: (See page 3 of Judgment). Standard Conditions of Supervision (See page 4 of Judgment). ASSESSMENT: $100, due immediately. (Signed by Judge Lewis A. Kaplan on 7/30/2017)(bw)
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Request |
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| 1157 |
Filed: 8/1/2017, Entered: 8/1/2017 |
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JUDGMENT In A Criminal Case (S1-16-Cr-212-13). Date of Imposition of Judgment: July 19, 2017. Defendant 2353901 (13), TN: "David Prince Mattison" pleaded guilty to Count(s) 1. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: 24 Months. The court makes the following recommendations to the Bureau of Prisons: That consistent with the policies of the BOP, the defendant be designated to a facility as close to the NY metropolitan area as possible. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 Years with the following conditions: (See page 3 of Judgment). Standard Conditions of Supervision (See page 4 of Judgment). ASSESSMENT: $100, due immediately. (Signed by Judge Lewis A. Kaplan on 7/30/2017)(bw)
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Request |
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| 1156 |
Filed: 8/1/2017, Entered: 8/1/2017 |
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JUDGMENT In A Criminal Case (S1-16-Cr-212-05). Date of Imposition of Judgment: July 19, 2017. Defendant Jaquan McIntosh (5) pleaded guilty to Count(s) 1. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: 280 MONTHS. The court makes the following recommendations to the Bureau of Prisons: That consistent with the policies of the BOP, 1) the defendant be designated to a facility as close to the NY metropolitan area as possible; 2) the defendant be considered for participation in the RDAP program; and 3) the BOP credit Jaquan McIntosh with the 19 months served in state custody prior to his federal arrest, subject to verification by the BOP that the state time was served on the charge of murdering Mr. Sanders. I certainly have no reason. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 5 Years with the following special conditions: (See page 3 of Judgment). Standard Conditions of Supervision (See page 4 of Judgment). ASSESSMENT: $100, due immediately. (Signed by Judge Lewis A. Kaplan on 7/30/2017)(bw)
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Request |
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| 1155 |
Filed: 8/1/2017, Entered: 8/1/2017 |
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ORDER as to 3EE6E88. IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/10/2017)(ft)
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Request |
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| 1154 |
Filed: 8/1/2017, Entered: 8/1/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sean McIntosh, 2353901, Preston 3B7D68E. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/19/17 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)
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Request |
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| 1153 |
Filed: 8/1/2017, Entered: 8/1/2017 |
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TRANSCRIPT of Proceedings as to Sean McIntosh, 2353901, Preston 3B7D68E re: Sentence held on 7/19/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/22/2017. Redacted Transcript Deadline set for 9/1/2017. Release of Transcript Restriction set for 10/30/2017. (McGuirk, Kelly)
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Request |
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| 1152 |
Filed: 7/28/2017, Entered: 7/28/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sean McIntosh, 2353901, Preston 3B7D68E. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/19/17 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)
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Request |
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| 1151 |
Filed: 7/28/2017, Entered: 7/28/2017 |
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TRANSCRIPT of Proceedings as to Jaquan McIntosh, 2353901, Preston 3B7D68E re: Sentence held on 7/19/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/18/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/26/2017. (McGuirk, Kelly)
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Request |
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| 1150 |
Filed: 7/28/2017, Entered: 7/28/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alonzo McIntosh. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/12/17 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)
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Request |
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| 1149 |
Filed: 7/28/2017, Entered: 7/28/2017 |
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TRANSCRIPT of Proceedings as to Alonzo McIntosh re: Sentence held on 6/12/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew 14C6E55, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/18/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/26/2017. (McGuirk, Kelly)
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Request |
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Filed: 7/27/2017, Entered: 8/3/2017 |
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Appeal Remark as to Jaquan McIntosh re: 1161 Notice of Appeal - Final Judgment. APPEAL FEE WAIVED. ATTORNEY CJA. (tp)
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| 1161 |
Filed: 7/27/2017, Entered: 8/3/2017 |
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NOTICE OF APPEAL by Jaquan McIntosh from 1156 Judgment. (tp)
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Request |
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| 1160 |
Filed: 7/27/2017, Entered: 8/3/2017 |
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TRANSCRIPT REQUEST (FORM B) by Jaquan McIntosh for a Sentence proceeding before Judge Lewis A. Kaplan. Transcript due by 8/7/2017. (tp)
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Request |
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| 1148 |
Filed: 7/27/2017, Entered: 7/27/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joshua Brown. Notice is hereby given that an official transcript of a Plea proceeding held on 7/17/17 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)
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Request |
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| 1147 |
Filed: 7/27/2017, Entered: 7/27/2017 |
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TRANSCRIPT of Proceedings as to Joshua Brown re: Plea held on 7/17/17 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/25/2017. (McGuirk, Kelly)
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Request |
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Filed: 7/25/2017, Entered: 8/3/2017 |
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Appeal Remark as to Preston 3B7D68E re: 1159 Notice of Appeal - Final Judgment. APPEAL FEE NOT REQUIRED. NOA Filed by CJA appointed counsel on behalf of the defendant. (nd)
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| 1159 |
Filed: 7/25/2017, Entered: 8/3/2017 |
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NOTICE OF APPEAL by Preston 3B7D68E from 1158 Judgment. (nd)
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Request |
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| 1146 |
Filed: 7/21/2017, Entered: 7/21/2017 |
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LETTER by USA as to Jabriel Lewis addressed to Judge Lewis A. Kaplan from AUSA Rachel Maimin dated 7/21/17 re: Habeas Petition Document filed by USA. (Attachments: # 1 Exhibit A)(Maimin, Rachel)
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Request |
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| 1145 |
Filed: 7/20/2017, Entered: 7/20/2017 |
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ORDER as to (S1-16-Cr-212-10) Joshua Brown. WHEREAS, with the defendant's consent, his guilty plea allocution was made before a United States Magistrate Judge on July 17, 2017; WHEREAS, a transcript of the allocution was made and thereafter was transmitted to the District Court; and WHEREAS, upon review of that transcript, this Court has determined that the defendant entered the guilty plea knowingly and voluntarily and that there was a factual basis for the guilty plea; IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 7/20/2017)(bw)
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Request |
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Filed: 7/19/2017, Entered: 8/1/2017 |
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DISMISSAL OF COUNTS on Government Motion as to Preston 3B7D68E (17) Count 2,3,4. (bw)
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Filed: 7/19/2017, Entered: 8/1/2017 |
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DISMISSAL OF COUNTS on Government Motion as to 2353901 (13) Count 2,3,4. (bw)
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Filed: 7/19/2017, Entered: 8/1/2017 |
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DISMISSAL OF COUNTS on Government Motion as to Jaquan McIntosh (5) Count 2,3,4. (bw)
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Filed: 7/19/2017, Entered: 7/27/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan:Sentencing held on 7/19/2017 for 2353901 (13) Count 1. Defendant 2353901 present with attorneys Amy Timinelli and Michael J. Gilbert. AUSAs Rachel Maimin and Drew Turner Johson-Skinner present. Court reporter Kiersten Carranante present. Defendant sentenced to a 24 month term of imprisonment to be followed by a 3 year term of supervised release with the following special conditions: The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. The mandatory drug testing conditions is suspended because the special conditions of supervised release contemplate drug testing. The Court recommends designation to a facility as close to the NY metropolitan area as possible. The defendant shall pay the $100 special assessment immediately. The defendant remained detained. All open counts are dismissed upon motion of the Government (jw)
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Filed: 7/19/2017, Entered: 7/26/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 7/19/2017 for Preston 3B7D68E (17) Count 1. Defendant Preston 3B7D68E present with attorney Richard Palma. AUSAs Rachel Maimin and Drew Turner Johson-Skinner present. Court reporter Kiersten Carranante present. Defendant sentenced to a 108 month term of imprisonment to be followed by a 3 year term of supervised release with the following special conditions: The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. The mandatory drug testing conditions is suspended because the special conditions of supervised release contemplate drug testing. The Court recommends designation to a facility as close to the NY metropolitan area as possible. The defendant shall pay the $100 special assessment immediately. The defendant remained detained. All open counts are dismissed upon motion of the Government. (jbo)
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Filed: 7/19/2017, Entered: 7/26/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 7/19/2017 for Jaquan McIntosh (5) Count 1. Defendant Jaquan McIntosh present with attorney A. James Bell. AUSAs Rachel Maimin and Drew Turner Johson-Skinner present. Court reporter Kiersten Carranante present. Defendant sentenced to a 280 month term of imprisonment to be followed by a 5 year term of supervised release with the following special conditions: The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search at a reasonable time and in a reasonable manner, on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. The mandatory drug testing conditions is suspended because the special conditions of supervised release contemplate drug testing. The Court recommends designation to a facility as close to the NY metropolitan area as possible. It is also recommended that the defendant be considered for participation in the RDAP program. The defendant shall pay the $100 special assessment immediately. The defendant remained detained. All open counts are dismissed upon motion of the Government. (jbo)
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| 1143 |
Filed: 7/19/2017, Entered: 7/19/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sean McIntosh. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/23/17 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)
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Request |
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| 1142 |
Filed: 7/19/2017, Entered: 7/19/2017 |
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TRANSCRIPT of Proceedings as to Sean McIntosh re: Sentence held on 5/23/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/9/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/17/2017. (McGuirk, Kelly)
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Request |
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Filed: 7/19/2017, Entered: 7/19/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to 7FC3D40 held on 7/19/2017. Defendant 7FC3D40 not present but attorney Deveraux L. Cannick present. AUSAs Rachel Maimin and Drew Turner Johnson-Turner present. Court reporter Kristin Carrannante present. Certificate of competency received. Decision on competency reserved. The 9/6/17 trial date is adjourned sine die only as to defendant 7FC3D40 (6). Another status conference will be held as to defendant 7FC3D40 (6) on September 9/19/17 at 4:30pm. (Status Conference set for 9/19/2017 at 04:30 PM before Judge Lewis A. Kaplan.) (jbo)
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| 1141 |
Filed: 7/19/2017, Entered: 7/19/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 5C6213E, Jonathan Cummings, 126C91C, Gary Arrington. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/21/17 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)
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Request |
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| 1140 |
Filed: 7/19/2017, Entered: 7/19/2017 |
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TRANSCRIPT of Proceedings as to 5C6213E, Jonathan Cummings, 126C91C, Gary Arrington re: Sentence held on 6/21/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew 14C6E55, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/9/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/17/2017. (McGuirk, Kelly)
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Request |
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| 1139 |
Filed: 7/19/2017, Entered: 7/19/2017 |
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FIRST LETTER by Preston 3B7D68E addressed to Judge Lewis A. Kaplan from Richard Palma, Attorney for Defendant Preston 3B7D68E dated July 18, 2017 re: Defense Reply to Government Sentencing Submission (Palma, Richard)
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Request |
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| 1138 |
Filed: 7/19/2017, Entered: 7/19/2017 |
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LETTER by USA as to Preston 3B7D68E addressed to Judge Lewis A. Kaplan from AUSA Rachel Maimin dated 7/10/17 re: Claimed Breach of Plea Agreement Document filed by USA. (Maimin, Rachel)
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Request |
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Filed: 7/19/2017, Entered: 7/19/2017 |
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Preston 3B7D68E: Notice to Attorney Richard Palma to RE-FILE Document 1137 Reply. Use the event type Letter found under the event list Other Documents. (ka)
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| 1137 |
Filed: 7/18/2017, Entered: 7/18/2017 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST REPLY by Preston 3B7D68E to Government's Sentencing Memorandum Doc. No. 1129. (Palma, Richard) Modified on 7/19/2017 (ka).
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Request |
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| 1135 |
Filed: 7/18/2017, Entered: 7/18/2017 |
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ENDORSED LETTER as to (16-Cr-212-05) Jaquan McIntosh addressed to Judge Lewis A. Kaplan from Mirela Iverac of WNYC Radio, not dated re: I'm a reporter at the local National Public Radio (NPR) station, WNYC. I'm writing to ask for your permission to audio record the sentencing in the U.S. v. Jaquan Mcintosh case on Wednesday, July 19th. ENDORSEMENT: Denied. Further, the writer should be aware that the possession of electronic devices in the courtroom and anterooms is prohibited. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 7/18/2017)(bw)
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Request |
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| 1136 |
Filed: 7/17/2017, Entered: 7/18/2017 |
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CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Joshua Brown. (jm)
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Request |
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| 1134 |
Filed: 7/17/2017, Entered: 7/17/2017 |
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JUDGMENT In A Criminal Case (S1-16-Cr-212-45). Date of Imposition of Judgment: July 11, 2017. Defendant Emile 998E6CA or 879974F (45) pleaded guilty to Count(s) 1 & 4. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: 6 Months as to Count (S1)One and 60 months as to Count (S1)Four, the terms to run consecutively for an aggregate term of imprisonment of 66 months. The court makes the following recommendations to the Bureau of Prisons: Consistent with the policies of the BOP, the Court recommends designation to a facility as close to the NY metropolitan area as possible that can provide vocational training, participation in an anger management program, and he be also considered for participation in the RDAP program. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 Years with the following conditions: (See page 3 of Judgment). Standard Conditions of Supervision (See page 4 of Judgment). ASSESSMENT: $200, due immediately. (Signed by Judge Lewis A. Kaplan on 7/17/2017)(bw)
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Request |
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| 1133 |
Filed: 7/17/2017, Entered: 7/17/2017 |
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JUDGMENT In A Criminal Case (S1-16-Cr-212-31). Date of Imposition of Judgment: July 11, 2017. Defendant Ronald Matthews (31) pleaded guilty to Count(s) 1. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: 37 Months. The court makes the following recommendations to the Bureau of Prisons: That consistent with the policies of the BOP, the defendant be designated to a facility as close to the New York metropolitan area as possible and the defendant be considered for participation in the RDAP program. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 Years with the following special conditions: (See page 3 of Judgment). Standard Conditions of Supervision (See page 4 of Judgment). ASSESSMENT: $100, due immediately. (Signed by Judge Lewis A. Kaplan on 7/17/2017)(bw)
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Request |
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| 1132 |
Filed: 7/15/2017, Entered: 7/15/2017 |
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Sentencing Letter by Preston 3B7D68E addressed to Hon. Lewis A. Kaplan, U.S.D.J. from Richard Palma, Attorney for Defendant Preston 3B7D68E dated July 15, 2017 re: Supplemental Character letter submitted on behalf of Preston 3B7D68E in support of July 19th Sentencing Hearing. (Attachments: # 1 Exhibit)(Palma, Richard)
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Request |
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| 1131 |
Filed: 7/14/2017, Entered: 7/14/2017 |
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JUDGMENT In A Criminal Case (S1-16-Cr-212-27). Date of Imposition of Judgment: July 11, 2017. Defendant Nicholas Bailey (27) pleaded guilty to Count(s) 1. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: 72 Months. The court makes the following recommendations to the Bureau of Prisons: That consistent with the policies of the BOP, the defendant be designated to a facility as close to the New York metropolitan area as possible where he can continue his education. It is also recommended that the defendant be considered for participation in the RDAP program. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 Years with the following conditions: (see page 3 of Judgment). Standard Conditions of Supervision (see page 4 of Judgment). ASSESSMENT: $100, due immediately. (Signed by Judge Lewis A. Kaplan on 7/13/2017)(bw)
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Request |
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| 1130 |
Filed: 7/14/2017, Entered: 7/14/2017 |
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JUDGMENT In A Criminal Case (S1-16-Cr-212-19). Date of Imposition of Judgment: July 11, 2017. Defendant 879974F (19) pleaded guilty to Count(s) 1. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: 36 Months. The court makes the following recommendations to the Bureau of Prisons: That consistent with the policies of the BOP, the defendant be designated to a facility as close to the New York metropolitan area as possible and the defendant be considered for participation in the RDAP program. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 Years with the following conditions: (see page 3 of Judgment). Standard Conditions of Supervision (see page 4 of Judgment). ASSESSMENT: $100, due immediately. (Signed by Judge Lewis A. Kaplan on 7/13/2017)(bw)
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Request |
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| 1129 |
Filed: 7/14/2017, Entered: 7/14/2017 |
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SENTENCING SUBMISSION by USA as to Preston 3B7D68E. (Maimin, Rachel)
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Request |
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| 1128 |
Filed: 7/13/2017, Entered: 7/13/2017 |
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SENTENCING SUBMISSION by USA as to Jaquan McIntosh. (Attachments: # 1 Exhibit Gang Documents)(Maimin, Rachel)
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Request |
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| 1127 |
Filed: 7/12/2017, Entered: 7/12/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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Filed: 7/11/2017, Entered: 7/17/2017 |
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DISMISSAL OF COUNTS on Government Motion as to Emile 998E6CA or 879974F (45) Count 2,3. (bw)
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Filed: 7/11/2017, Entered: 7/17/2017 |
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DISMISSAL OF COUNTS on Government Motion as to Ronald Matthews (31) Count 2,3,4. (bw)
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Filed: 7/11/2017, Entered: 7/14/2017 |
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DISMISSAL OF COUNTS on Government Motion as to Nicholas Bailey (27) Count 2,3,4. (bw)
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Filed: 7/11/2017, Entered: 7/14/2017 |
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DISMISSAL OF COUNTS on Government Motion as to 879974F (19) Count 2,3,4. (bw)
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Filed: 7/11/2017, Entered: 7/12/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 7/11/2017 for Nicholas Bailey (27) Count 1. Defendant Nicholas Bailey present with attorney Andrew G. Patel. AUSA Jessica K. Feinstein present. Court reporter Michael McDaniel present. Defendant sentenced to 72 months imprisonment to be followed by a 3 year term of supervised release with the following special conditions: * The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. The defendant will contribute to the cost of services rendered in an amount to be determined by the probation officer based on his ability to pay or the availability of third party payment. * The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be ground for revocation of his supervised release. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. * The defendant shall not associate or interact in any way, including through social media websites, with any gang members or associates, particularly members and associates of the 2Fly Gang or any other subset of the YGz Gang, or frequent neighborhoods (or "turf") known to be controlled by the 2Fly Gang or any other subset of the YGz Gang. The defendant shall pay the $100 special assessment immediately. The defendant remained detained. All open counts are dismissed upon motion of the Government. (jbo) Modified on 7/13/2017 (Mohan, Andrew) Counsel notified of changes to docket entry by email.
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Filed: 7/11/2017, Entered: 7/12/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 7/11/2017 for Emile 998E6CA or 879974F (45) Count 1,4. Defendant Nicholas Bailey present with attorney Adam D. Perlmutter. AUSA Jessica K. Feinstein present. Court reporter Michael McDaniel present. Defendant sentenced to a 6 month term of imprisonment as to Count (S1)One and a 60 month term of imprisonment as to Count (S1)Four, the terms to run consecutively for an aggregate term of imprisonment of 66 months. to be followed by a 3 year term of supervised release with the following special condition: The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be ground for revocation of his supervised release. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. The defendant shall not associate or interact in any way, including through social media websites, with any gang members or associates, particularly members and associates of the 2Fly Gang or any other subset of the YGz Gang, or frequent neighborhoods (or "turf") known to be controlled by the 2Fly Gang or any other subset of the YGz Gang. The Court recommends designation to a facility as close to the NY metropolitan area as possible and also to a facility that can provide vocational training and participation in an anger management program. It is also recommended that the defendant be considered for participation in the RDAP program. The defendant shall pay the $200 special assessment immediately. The defendant remained detained. All open counts are dismissed upon motion of the Government. (jbo)
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Filed: 7/11/2017, Entered: 7/12/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 7/11/2017 for 879974F (19) Count 1. Defendant 879974F present with attorney Eric R. Breslin. AUSA Jessica K. Feinstein present. Court reporter Michael McDaniel present. Defendant sentenced to 36 months imprisonment to be followed by a 3 year term of supervised release with the following special conditions: The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. The defendant will contribute to the cost of services rendered in an amount to be determined by the probation officer based on his ability to pay or the availability of third party payment. * The defendant shall participate in an outpatient mental health treatment program approved by the United States Probation Office. The defendant shall continue to take any prescribed medications unless otherwise instructed by the health care provider. The defendant shall contribute to the cost of services rendered based on the defendant's ability to pay and the availability of third-party payments. The Court authorizes the release of available psychological and psychiatric evaluations and reports, including the presentence investigation report, to the health care provider. * The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be ground for revocation of his supervised release. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. * The defendant shall not associate or interact in any way, including through social media websites, with any gang members or associates, particularly members and associates of the 2Fly Gang or any other subset of the YGz Gang, or frequent neighborhoods (or "turf') known to be controlled by the 2Fly Gang or any other subset of the YGz Gang. The Court recommends designation to a facility as close to the NY metropolitan area as possible and consideration for participation in the RDAP program. The defendant shall pay the $100 special assessment immediately. The defendant remained detained. All open counts are dismissed upon motion of the Government. (jbo)
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Filed: 7/11/2017, Entered: 7/12/2017 |
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 7/11/2017 for Ronald Matthews (31) Count 1. Defendant Ronald Matthews present with attorney Mark DeMarco. AUSA Jessica K. Feinstein present. Court reporter Michael McDaniel present. Defendant sentenced to 37 months imprisonment to be followed by a 3 year term of supervised release with the following special conditions: 1. The defendant shall participate in a substance abuse program approved by the U.S. Probation Office, which may include testing to determine whether he has reverted to using drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider as approved by the probation officer. The defendant will contribute to the cost of services rendered in an amount to be determined by the probation officer based on his ability to pay or the availability of third party payment. 2. The defendant shall submit his person, residence, place of business, vehicle, and other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of his release may be found. The search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be ground for revocation of his supervised release. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. 3. The defendant shall not associate or interact in any way, including through social media websites, with any gang members or associates, particularly members and associates of the 2Fly Gang or any other subset of the YGz Gang, or frequent neighborhoods (or "turf') known to be controlled by the 2Fly Gang or any other subset of the YGz Gang. The Court recommended designation to a facility as close to the New York Metropolitan area as possible and also consideration for participation in the RDAP program. The defendant shall pay the $100 special assessment immediately. The defendant remained detained. All open counts are dismissed upon motion of the Government. (jbo)
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| 1126 |
Filed: 7/10/2017, Entered: 7/10/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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| 1125 |
Filed: 7/10/2017, Entered: 7/10/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 84B32A5. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/31/17 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)
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Request |
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| 1124 |
Filed: 7/10/2017, Entered: 7/10/2017 |
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TRANSCRIPT of Proceedings as to 84B32A5 re: Sentence held on 5/31/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/31/2017. Redacted Transcript Deadline set for 8/10/2017. Release of Transcript Restriction set for 10/10/2017. (McGuirk, Kelly)
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Request |
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| 1123 |
Filed: 7/7/2017, Entered: 7/7/2017 |
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SENTENCING SUBMISSION by Jaquan McIntosh. (Attachments: # 1 Exhibit Certificate of Disposition)(Bell, Angus)
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Request |
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| 1122 |
Filed: 7/6/2017, Entered: 7/6/2017 |
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ENDORSED LETTER as to 126C91C addressed to Judge Lewis A. Kaplan from Samuel Karliner dated 7/6/2017 re: Surrender date. ENDORSEMENT: Application granted. Defendant 126C91C shall surrender to the U. S. Marshal Service on the 4th floor of 500 Pearl St. before 2:00pm on Friday, 7/7/17. (Signed by Judge P. Kevin Castel on 7/6/2017)(ft)
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