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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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 704 |
Filed: 4/30/2021, Entered: None |
Notice of Filing Transcript |
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 Request |
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| 703 |
Filed: 4/30/2021, Entered: None |
Transcript |
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Request |
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| 700 |
Filed: 4/6/2021, Entered: None |
Amended Judgment |
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Request |
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| 698 |
Filed: 4/4/2021, Entered: None |
Sentencing Submission |
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Request |
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| 697 |
Filed: 4/4/2021, Entered: None |
Sentencing Submission |
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Request |
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| 696 |
Filed: 3/31/2021, Entered: None |
Scheduling Order |
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Request |
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| 695 |
Filed: 3/24/2021, Entered: None |
Letter |
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Request |
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| 693 |
Filed: 3/22/2021, Entered: None |
Order |
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Request |
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| 692 |
Filed: 3/18/2021, Entered: None |
Memo Endorsement |
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Request |
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| 691 |
Filed: 3/17/2021, Entered: None |
Letter |
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Request |
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| 688 |
Filed: 3/15/2021, Entered: None |
Order |
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Request |
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| 681 |
Filed: 2/19/2021, Entered: None |
Memo Endorsement |
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Request |
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| 680 |
Filed: 2/18/2021, Entered: None |
Letter |
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Request |
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| 679 |
Filed: 2/17/2021, Entered: None |
Order |
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Request |
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| 673 |
Filed: 2/1/2021, Entered: None |
Initial Appearance - Revocation Proceedings |
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Request |
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| 672 |
Filed: 2/1/2021, Entered: None |
Order |
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Request |
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| 661 |
Filed: 1/20/2021, Entered: None |
Rule 5(c)(3) - Documents Received |
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Request |
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| 657 |
Filed: 9/3/2020, Entered: 9/3/2020 |
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ORDER as to 2C49874: On August 31, 2020, the Court granted defendant 2C49874 motion for compassionate release, pursuant to 18 U.S.C. § 3582(c), and ordered his release from federal custody on September 4, 2020. See Dkt. 656. It is hereby further ordered that: 1. Following release from custody, the defendant is to self-quarantine for 14 days and report to the Probation Department at 500 Pearl Street, 6th floor, by 10 a.m. on the 15th day to have a GPS tracker affixed to his ankle; 2. Within 72 hours of his release, the defendant is to contact Supervisory U.S. Probation Officer Enid Febus at (212) 805-5074; 3. The defendant shall serve the first 12 months of supervised release on home incarceration, to be enforced by GPS Monitoring at a residence approved by Probation, and this period of time will be counted as part of the defendant's term of supervision; 4. The defendant must remain at his approved residence at all times, except to seek any necessary medical treatment, in each instance with prior notice and approval by the Probation Department unless it is a medical emergency; 5. The defendant is to possess or have access to a telephone that will allow video conferencing by the Probation Department. He must ensure said phone is on at all times and answered; and 6. The mandatory conditions, standard conditions, and special conditions of supervised release, imposed in connection with the defendant's sentencing, remain in place, for a period of 36 months from the date of the defendant's release. (Signed by Judge Paul A. Engelmayer on 9/3/2020) (ap)
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Request |
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| 656 |
Filed: 8/31/2020, Entered: 8/31/2020 |
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ORDER as to 2C49874: The Court grants A920E56 or 2C49874 Sr.'s motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). The Court directs that 2C49874. be released on Friday, September 4, 2020, and begin serving the three-year term of supervised release previously ordered by Judge Forrest, subject to the special conditions imposed at the time of sentence. See Sent. Tr. at 2930. The Court further requires, as proposed by the defense, that the first 12 months of the term of supervised release be subject to a special condition of home confinement. This condition, the Court finds, will guard against recidivism and assist in A920E56 or 2C49874 Sr.s transition back to living in free society. The Court further directs that by Thursday, September 3, 2020, at 2:00 p.m., the Government and the defense, in consultation with the Probation Department, supply the Court with a proposed order memorializing the full conditions of home confinement, including setting out the means by which the Probation Department will monitor 2C49874 or A920E56 Sr.'s whereabouts and compliance with the terms of home confinement. The Court expects to issue an order along the lines proposed the same day, on Thursday, September 3, 2020, such that this order will be in place as of the date of A920E56 or 2C49874 Sr.'s release. (Signed by Judge Paul A. Engelmayer on 8/31/2020) (See ORDER set forth) (ap)
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Request |
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| 655 |
Filed: 8/26/2020, Entered: 8/26/2020 |
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LETTER by USA as to 2C49874. addressed to Judge Paul A. Engelmayer from Matthew Laroche dated August 26, 2020 re: Compassionate Release Motion Document filed by USA. (Laroche, Matthew)
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Request |
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| 654 |
Filed: 8/19/2020, Entered: 8/19/2020 |
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LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas H. Nooter, Attorney for Defendant dated August 19, 2020 re: Request for Compassionate Release . Document filed by 2C49874. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Nooter, Thomas)
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Request |
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| 653 |
Filed: 8/6/2020, Entered: 8/6/2020 |
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LETTER by ADAF71F addressed to Judge Paul A. Engelmayer from Florian Miedel dated 08-06-2020 re: Notifying Court of Mr. ADAF71F Position re Resentencing (Miedel, Florian)
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Request |
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Filed: 8/6/2020, Entered: 8/6/2020 |
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Set/Reset Deadlines/Hearings as to 2C49874. :Defense Counsel Replies due by 8/19/2020. Government Responses due by 8/26/2020. (jw)
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| 652 |
Filed: 8/6/2020, Entered: 8/6/2020 |
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MEMO ENDORSEMENT 651 LETTER MOTION To request additional time to file a compassionate release motion as to 2C49874..ENDORSEMENT...Granted. Defense counsel's submission is due August 19, 2020, and the Government's response is due August 26, 2020. The Clerk of Court is respectfully directed to close the motion pending at docket 651. (Signed by Judge Paul A. Engelmayer on 8/6/2020) (jw)
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Request |
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| 651 |
Filed: 8/5/2020, Entered: 8/5/2020 |
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AMENDED LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas H. Nooter dated August 5, 2020 re: Corrected Letter Motion for Extension of time to file CR motion on CONSENT: replaces wrong letter filed earlier today. Document filed by 2C49874. (Nooter, Thomas)
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Request |
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| 650 |
Filed: 8/5/2020, Entered: 8/5/2020 |
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MEMO ENDORSEMENT denying without prejudice 649 SECOND LETTER MOTION filed by 2C49874. (17), addressed to Judge Paul A. Engelmayer from Attorney Thomas H. Nooter dated August 5, 2020 re: Extension of time to file CR motion on CONSENT. ENDORSEMENT: The Court has received counsel's letter motion, which appears to be moot following the Court's July 21, 2020, Order granting the relief sought. Dkt. 648. Accordingly, the motion is denied without prejudice to counsel filing another motion clarifying his request. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/5/2020) (bw)
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Request |
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| 649 |
Filed: 8/5/2020, Entered: 8/5/2020 |
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SECOND LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas H. Nooter dated August 5, 2020 re: Extension of time to file CR motion on CONSENT. Document filed by 2C49874. (Nooter, Thomas)
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Request |
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Filed: 7/21/2020, Entered: 7/21/2020 |
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Set/Reset Deadlines as to 2C49874. : Motions due by 8/5/2020. Responses due by 8/12/2020. (ap)
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| 648 |
Filed: 7/21/2020, Entered: 7/21/2020 |
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MEMO ENDORSEMENT as to 2C49874. (17) granting 647 LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas H. Nooter dated July 20, 2020 re: CONSENT request to extend motion filing schedule. ENDORSEMENT: Granted. Defense counsel's submission is due August 5, 2020, and the Government's response is due August 12, 2020. (Signed by Judge Paul A. Engelmayer on 7/21/2020) (ap)
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Request |
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| 647 |
Filed: 7/20/2020, Entered: 7/20/2020 |
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LETTER MOTION addressed to Judge Paul A. Engelmayer from Thomas H. Nooter dated July 20, 2020 re: CONSENT request to extend motion filing schedule . Document filed by 2C49874. (Nooter, Thomas)
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Request |
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| 646 |
Filed: 7/20/2020, Entered: 7/20/2020 |
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MEMO ENDORSEMENT as to 2C49874. granting 645 LETTER MOTION addressed to Judge Paul A. Engelmayer from Lawrence A. Dubin, Esq. dated July 17, 2020 re: letter motion to appoint CJA counsel. ENDORSEMENT: GRANTED. The Court appoints Thomas Nooter, Esq., to represent Mr. 2C49874. for the purpose of his compassionate release motion. The Clerk of Court is requested to terminate the motion at Dkt. No. 645. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/20/2020)(lnl)
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Request |
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| 645 |
Filed: 7/17/2020, Entered: 7/17/2020 |
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LETTER MOTION addressed to Judge Paul A. Engelmayer from Lawrence A. Dubin, Esq. dated July 17, 2020 re: letter motion to appoint CJA counsel . Document filed by 2C49874. (Dubin, Lawrence)
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Request |
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| 644 |
Filed: 7/16/2020, Entered: 7/16/2020 |
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ORDER as to (16-Cr-317-17) 2C49874. The Court has received the attached correspondence from defendant 2C49874, which the Court treats as a pro se motion for compassionate release. This correspondence inadvertently was not attached to the order at Dkt. 643. The briefing schedule set in Dkt. 643 remains. The Clerk of Court is respectfully directed to mail a copy of this order to Mr. 2C49874 or A920E56 at FCI Allenwood, P.O. Box 2000, White Deer, PA 17887. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/16/2020) [*** NOTE: On 7/16/2020, the Clerk of Court has mailed a copy of this Order to Mr. 2C49874. ***](bw)
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Request |
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| 643 |
Filed: 7/15/2020, Entered: 7/15/2020 |
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ORDER as to 2C49874. The Court has received the attached correspondence from defendant 2C49874, which the Court treats as a pro se motion for compassionate release. To assure able briefing and thoroughgoing consideration of the issues presented, the Court asks trial counsel for Mr. 2C49874 or A920E56 to submit a memorandum of law in support of this application. This letter is due Tuesday, July 21, 2020. The Governments response is due Thursday, July 23, 2020. The Court encourages Government and defense counsel to confer in advance of these submissions to assure a full mutual understanding of the issues presented and arguments to be made. The Clerk of Court is respectfully directed to mail a copy of this order to Mr. 2C49874 or A920E56 at FCI Allenwood, P.O. Box 2000, White Deer, PA 17887 (Government Responses due by 7/23/2020) [**Mailed to defendant Mr. A920E56 or 2C49874 on 7/15/2020**] (Signed by Judge Paul A. Engelmayer on 7/15/20)(jw) Modified on 7/15/2020 (jw).
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Request |
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| 642 |
Filed: 7/15/2020, Entered: 7/15/2020 |
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LETTER addressed to Judge Katherine B. Forrest re: Letter from 2C49874 (jw)
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Request |
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| 641 |
Filed: 6/19/2020, Entered: 6/19/2020 |
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OPINION & ORDER as to Jonathan Saez: Because no party has timely submitted objections to the Report, review for clear error is appropriate. Careful review of Judge Aaron's thorough and well-reasoned Report reveals that there is no facial error in its conclusions. The Court, therefore, adopts the Report in its entirety. The petition for habeas corpus is denied. In addition, the Report expressly states that "FAILURE TO OBJECT WITIIN FOURTEEN (14) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW." Report at 19. Accordingly, each party's failure to object to the Report in a timely manner operates as a waiver of appellate review. See Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008); Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (per curiam). The Court declines to issue a certificate of appealability and certifies that any appeal from this order would not be taken in good faith; therefore, in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court is respectfully directed to close this case and to mail a copy of this order to Saez. (Signed by Judge Paul A. Engelmayer on 6/19/2020)(Docketed in Civil Case No. 18 Civ. 8425(PAE)(SDA)) (Mailing effected in civil case) (lnl)
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Request |
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| 640 |
Filed: 6/10/2020, Entered: 6/11/2020 |
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ORDER as to ADAF71F: Accordingly, finding that the § 3553(a) factors do not support a reduction of sentence, the Court denies ADAF71F motion for compassionate release pursuant to 18 U.S.C. § 3582( (1)(A)(i). The denial is without prejudice to ADAF71F ability to file a later application for compassionate release, made closer to ADAF71F release date, which might then be compatible with the § 3553(a) factors. The Clerk of Court is respectfully directed to terminate the motion pending at docket 638 and to mail a copy of this order to ADAF71F. (Signed by Judge Paul A. Engelmayer on 6/10/2020) (See ORDER set forth) (Copy Mailed to Defendant at address verified through BOP) (ap) Modified on 6/11/2020 (ap).
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Request |
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| 639 |
Filed: 6/10/2020, Entered: 6/10/2020 |
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LETTER by ADAF71F as to Demetrius Flowers, 9270E3F, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, AB9599F, 6659E04, E23B3FF, Saquran Curtis, Christopher Napoleonis, 2C498744, 69E5C18, 455F059, 5651BC6, A920E56, ADAF71F addressed to Judge Paul A. Engelmayer from J. Bruce Maffeo dated June 10, 2020 re: Compassionate Release- Recent Decision (Chunn, et al v. Edge) Document filed by ADAF71F. (Maffeo, J)
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Request |
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| 638 |
Filed: 6/4/2020, Entered: 6/5/2020 |
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MOTION For Compassionate Release Pursuant to 18 USC 3582(c)(1)(A)(i) Document filed by ADAF71F. (jw)
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Request |
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| 637 |
Filed: 6/4/2020, Entered: 6/4/2020 |
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ORDER as to ADAF71F. The Court has received the attached letter from defendant ADAF71F. The Court will consider the letter in connection with ADAF71F pending motion for compassionate release (Signed by Judge Paul A. Engelmayer on 6/4/2020)(jw)
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Request |
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| 636 |
Filed: 6/4/2020, Entered: 6/4/2020 |
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ORDER as to ADAF71F. Defendant ADAF71F requires representation in connection with the Second Circuit's limited remand for the purpose of revising, at a re-sentencing proceeding, the search condition of his term of supervised release. Bruce Maffeo, Esq., who represented Mr. ADAF71F below, has requested to be relieved, and the Court has determined to honor that request. The Court has further determined that today's CJA duty attorney, Florian Miedel, Esq., is available to represent Mr. ADAF71F. The Court accordingly relieves Mr. Maffeo and appoints Mr. Miedel for that purpose. The Court thanks Mr. Maffeo for his service. For avoidance of doubt, the Court does not invite additional submissions from Mr. Miedel on Mr. ADAF71F pending pro so application for compassionate release. The Court has received a helpful memorandum from Mr. Maffeo in support of that application as well as a helpful memorandum in opposition from the Government. That application is under review and the Court anticipates resolving it soon without the need for additional written advocacy. (Signed by Judge Paul A. Engelmayer on 6/4/20)(jw)
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Request |
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| 635 |
Filed: 6/1/2020, Entered: 6/1/2020 |
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LETTER by USA as to ADAF71F addressed to Judge Paul A. Engelmayer from Assistant U.S. Attorney Eli J. Mark dated June 1, 2020 re: Request for Compassionate Release Document filed by USA. (Mark, Eli)
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Request |
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| 634 |
Filed: 5/29/2020, Entered: 5/29/2020 |
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LETTER dated 5/20/2020 re: Letter from Brian McBeth (jw)
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Request |
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| 633 |
Filed: 5/28/2020, Entered: 5/28/2020 |
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LETTER by ADAF71F as to Demetrius Flowers, 9270E3F, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, AB9599F, 6659E04, E23B3FF, Saquran Curtis, Christopher Napoleonis, 2C498744, 69E5C18, 455F059, 5651BC6, A920E56, ADAF71F addressed to Judge Paul A. Engelmayer from J. Bruce Maffeo dated May 28, 2020 re: Compassionate Release Document filed by ADAF71F. (Maffeo, J)
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Request |
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| 632 |
Filed: 5/26/2020, Entered: 5/26/2020 |
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LETTER by ADAF71F as to Demetrius Flowers, 9270E3F, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, AB9599F, 6659E04, E23B3FF, Saquran Curtis, Christopher Napoleonis, 2C498744, 69E5C18, 455F059, 5651BC6, A920E56, ADAF71F addressed to Judge Paul A. Engelmayer from J. Bruce Maffeo dated May 26, 2020 re: Carlos Lopez- Pro Se Motion for Compassionate Release Document filed by ADAF71F. (Maffeo, J)
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Request |
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| 631 |
Filed: 5/26/2020, Entered: 5/26/2020 |
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ORDER as to ADAF71F: The Court has received the attached letter from defendant ADAF71F, which the Court treats as a pro se motion for compassionate release. To assure able briefing and thoroughgoing consideration of the issues presented, the Court asks trial counsel for Mr. ADAF71F to submit a memorandum of law in support of this application This letter is due Thursday, May 28, 2020. The Government's response is due Monday, June 1, 2020. The Court encourages Government and defense counsel to confer in advance of these submissions to assure a full mutual understanding of the issues presented and arguments to be made. SO ORDERED. (Responses due by 6/1/2020) (Signed by Judge Paul A. Engelmayer on 5/26/2020) (lnl)
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Request |
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| 629 |
Filed: 11/15/2019, Entered: 11/15/2019 |
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LETTER addressed to Judge Paul A. Engelmayer from Defendant (16-Cr-317-22) Carlos A. ADAF71F dated October 31, 2019 re: I am writing to inform you that the delay with my notice of appearance form was mailed to my last facility in Virginia, Gilmer FCI. I was not there at the time and currently in MDC Brooklyn where I'm currently awaiting a court date. I just received the form on October 30, 2019 which was yesterday and the deadline is today. I called the clerks office of the appeals court and briefly explained my situation, she then informed me to mail the papers as soon as possible and that everything should be fine. I am writing you to inform you on the matter and if may paperwork shall arrive late thanking you for taking the time to read this. (bw)
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Request |
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| 630 |
Filed: 11/14/2019, Entered: 11/15/2019 |
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LETTER from Defendant (16-Cr-317-06) Jonathan Saez, not dated re: I am providing my cousin affidavit to the court for consideration in my case against my legal counsel during plea negotiation. Please add this to the record for the courts final deliberation.(bw)
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Request |
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| 628 |
Filed: 10/28/2019, Entered: 10/28/2019 |
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LETTER by USA as to Brian McBeth addressed to Magistrate Judge Ona T. Wang from Matthew Laroche dated October 28, 2019 re: Opposition to 2255 Petition Document filed by USA. (Attachments: # 1 Exhibit A - Plea Agreement, # 2 Exhibit B - Plea Transcript, # 3 Exhibit C - Sentencing Transcript)(Laroche, Matthew)
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Request |
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| 627 |
Filed: 10/8/2019, Entered: 10/9/2019 |
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PETITIONER'S REPLY. Document filed by (16-Cr-317-06) Jonathan Saez. [*** NOTE: Also docketed in related civil case 18-Cv-8425(PAE)(SDA), Doc.#18. ***] (bw)
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Request |
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| 626 |
Filed: 9/27/2019, Entered: 9/27/2019 |
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LETTER MOTION addressed to Judge Paul A. Engelmayer from Michael K. Bachrach, Esq. dated September 27, 2019 ., MOTION to Appoint Counsel for purposes of re-sentencing after remand from Second Circuit. Document filed by ADAF71F. (Bachrach, Michael)
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Request |
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| 625 |
Filed: 8/27/2019, Entered: 8/27/2019 |
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ORDER TO ANSWER, 28 U.S.C. § 2255 as to Brian McBeth... The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, hereby ORDERS that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. Responses due by 10/28/2019. Refer to 19cv7825 (PAE) (Signed by Magistrate Judge Ona T. Wang on 8/27/19)(jw)
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Request |
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Filed: 8/27/2019, Entered: 8/27/2019 |
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Transmission of USCA Mandate to the District Judge re: 624 USCA Mandate. (nd)
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| 624 |
Filed: 8/27/2019, Entered: 8/27/2019 |
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MANDATE of USCA (Certified Copy) as to ADAF71F re:, 596 Notice of Appeal. USCA Case Number 18-2349. Steven Y. Yurowitz, counsel for Appellant, moves for permission to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 (1967), and the Government moves to dismiss the appeal based on Appellant's valid appeal waiver or for summary affirmance. Upon due consideration, it is hereby ORDERED that the Anders motion is DENIED, the motion to dismiss is GRANTED in part with respect to Appellant's appeal of his terms of imprisonment and supervised release, and the motion for summary affirmance is GRANTED in part with respect to Appellant's appeal of his conviction, special conditions 1 through 3 and 5 through 6 of supervised release, and special assessment. However, it is ORDERED that the Government's motion for summary affirmance is DENIED in part with respect to special condition 4, which requires Appellant to submit to searches of his person, residence, business, and vehicle. There is a discrepancy between the written version of the judgment and the oral sentence. The written judgment requires that Appellant "submit his person, residence, place of business, vehicle, or any 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 the release may be found." 2d Cir. 18-2349, doc. 31 at 83 (J.). But at sentencing, the district court omitted the phrase "to a search" and did not state that the probation officer requires a reasonable belief of a violation; rather, it used the phrase "reasonably requested by probation." Id. at 76 (Tr.). Accordingly, it is hereby ORDERED that special condition 4 is VACATED and the case is REMANDED for resentencing. On remand, at a hearing at which Appellant is present, the district court should clarify that it intended to impose a search condition and whether it meant to impose the "reasonable belief" requirement included in the written judgment. See United States v. Handakas, 329 F.3d 115, 119 (2d Cir. 2003) (remanding to permit defendant to challenge imposition of special condition imposed in written judgment, but not orally announced at sentencing).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/27/2019. (nd)
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Request |
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| 623 |
Filed: 8/19/2019, Entered: 8/20/2019 |
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MOTION to Vacate under 28 U.S.C. 2255. Document filed by Brian McBeth. (rdz) Civil case 1:19-cv-07825 opened. (sac).
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Request |
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| 622 |
Filed: 8/12/2019, Entered: 8/13/2019 |
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Attorney-Client Privilege Waiver (Informed Consent). Document filed by (16-Cr-317-06) Jonathan Saez. Dated: 8/7/2019. [*** NOTE: Also docketed in related Civil Case 18-Cv-8425(PAE)(SDA), Doc.#15. ***] (bw)
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Request |
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Filed: 8/6/2019, Entered: 8/6/2019 |
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Transmission of USCA Order to the District Judge re: 621 USCA Order. (nd)
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| 621 |
Filed: 8/6/2019, Entered: 8/6/2019 |
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ORDER of USCA (certified copy) re: 596 Notice of Appeal. USCA Case Number 18-2349. Steven Y. Yurowitz, counsel for Appellant, moves for permission to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 (1967), and the Government moves to dismiss the appeal based on Appellant's valid appeal waiver or for summary affirmance. Upon due consideration, it is hereby ORDERED that the Anders motion is DENIED, the motion to dismiss is GRANTED in part with respect to Appellant's appeal of his terms of imprisonment and supervised release, and the motion for summary affirmance is GRANTED in part with respect to Appellant's appeal of his conviction, special conditions 1 through 3 and 5 through 6 of supervised release, and special assessment. However, it is ORDERED that the Government's motion for summary affirmance is DENIED in part with respect to special condition 4, which requires Appellant to submit to searches of his person, residence, business, and vehicle. There is a discrepancy between the written version of the judgment and the oral sentence. The written judgment requires that Appellant "submit his person, residence, place of business, vehicle, or any 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 the release may be found." 2d Cir. 18-2349, doc. 31 at 83 (J.). But at sentencing, the district court omitted the phrase "to a search" and did not state that the probation officer requires a reasonable belief of a violation; rather, it used the phrase "reasonably requested by probation." Id. at 76 (Tr.). Accordingly, it is hereby ORDERED that special condition 4 is VACATED and the case is REMANDED for resentencing. On remand, at a hearing at which Appellant is present, the district court should clarify that it intended to impose a search condition and whether it meant to impose the "reasonable belief" requirement included in the written judgment. See United States v. Handakas, 329 F.3d 115, 119 (2d Cir. 2003) (remanding to permit defendant to challenge imposition of special condition imposed in written judgment, but not orally announced at sentencing). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 08/06/2019. (nd)
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Request |
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| 620 |
Filed: 7/29/2019, Entered: 7/29/2019 |
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ORDER re: Attorney-Client Privilege Waiver (Informed Consent) as to Jonathan Saez. Order re: Attorney-Client Privilege Waiver (Informed Consent)IT IS HEREBY ORDERED that Jonathan Saez execute and return to this court within 60 days from todays date the accompanying Attorney-Client Privilege Waiver (Informed Consent) form. If the document is not received by the court within 60 days from todays date, the court will recommend denial of the §2255 motion, on the ground that the movant failed to authorize the disclosure of information needed to permit the Government to respond to the motion; and it is further ORDERED that Former Counsel shall give sworn testimony, in the form of an affidavit, addressing the allegations of ineffective assistance of counsel made by movant, as specified in the Courts prior order dated July 9, 2019 (see Docket Entry 12, No. 18-cv-8425), within 30 days from receipt of the executed Informed Consent form. The Clerk of Court is directed to mail a copy of this Order and accompanying form to the pro se Plaintiff. (Signed by Magistrate Judge Stewart D. Aaron on 7/29/19)(jw)
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Request |
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| 619 |
Filed: 7/26/2019, Entered: 7/26/2019 |
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LETTER MOTION addressed to Magistrate Judge Stewart D. Aaron from Assistant U.S. Attorney Eli J. Mark dated July 26, 2019 re: Informed Consent and Former Attorney Affidavit . Document filed by USA as to Jonathan Saez. (Attachments: # 1 Text of Proposed Order, # 2 Douglas v. U.S.)(Mark, Eli)
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Request |
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| 618 |
Filed: 7/10/2019, Entered: 7/10/2019 |
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MANDATE of USCA (Certified Copy) as to Luis Cruz, 2C49874. re: 502 Notice of Appeal, 524 Notice of Appeal. USCA Case Number 17-2592 (L), 17-2826 (Con). Upon due consideration, it is hereby ORDERED that the Governments motion to dismiss is GRANTED with respect to the appeal of Luis Cruz. It is further ORDERED that the Anders motion is GRANTED, the Government's motion to dismiss A920E56 or 2C49874 appeal with respect to his terms of imprisonment and supervised release is GRANTED, and the Government's motion for summary affirmance of 2C49874 or A920E56 conviction, special conditions of supervised release, and special assessment is GRANTED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/10/2019. (nd)
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Request |
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| 617 |
Filed: 7/9/2019, Entered: 7/9/2019 |
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ORDER as to Jonathan Saez: It is hereby Ordered that, no later than Wednesday, July 31, 2019, Saez's former attorney, Mark Stein, shall file an affidavit or declaration regarding the facts and circumstances surrounding the Government's first plea offer to Saez (see Pet., ECF No. 1, at 4, 14-15; Opp., ECF No. 11, at 7) including, inter alia: (1) the date such offer was extended; (2) the terms of such offer; (3)when such offer was communicated to Saez; (4) whether the offer expired or was withdrawn and when that occurred; and (5) whether Saez ever stated that he wished to accept the first plea offer and, if so, on what date. By the same date, Respondent may submit its own affidavit or declaration regarding the facts and circumstances surrounding the first plea offer if it so chooses. Petitioner shall file any response no later than August 21, 2019. The Clerk of Court is directed to file a copy of this Order on the related criminal docket and to mail a copy of this Order to the pro se Petitioner. In addition, Respondent is directed to email Mr. Stein a copy of this Order at the email address listed on the criminal docket. (Signed by Magistrate Judge Stewart D. Aaron on 7/9/2019) (Docketed in 18cv8425) (ap)
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Request |
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| 616 |
Filed: 5/31/2019, Entered: 6/3/2019 |
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LETTER from Defendant (16-Cr-317-08) Francisco Reyes, not dated re: I'm writing this in regards to my state time being ran concurrent with my federal sentence. (bw)
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Request |
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| 615 |
Filed: 4/16/2019, Entered: 4/19/2019 |
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MOTION for the Appointment of Counsel, pursuant to 18 USC 3006(A). Document filed by ADAF71F. (sac)
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Request |
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| 614 |
Filed: 4/16/2019, Entered: 4/19/2019 |
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MEMORANDUM in Support by ADAF71F re 613 MOTION to Vacate under 28 U.S.C. 2255. (sac)
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Request |
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| 613 |
Filed: 4/16/2019, Entered: 4/18/2019 |
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MOTION to Vacate under 28 U.S.C. 2255. Document filed by ADAF71F. (sac) Civil case 1:19-cv-03463 opened. (sac).
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Request |
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| 612 |
Filed: 3/5/2019, Entered: 3/5/2019 |
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LETTER RESPONSE in Opposition by USA as to Jonathan Saez addressed to Magistrate Judge Stewart D. Aaron from Assistant U.S. Attorney Eli J. Mark dated March 5, 2019 re: 598 MOTION to Vacate under 28 U.S.C. 2255. (Mark, Eli)
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Request |
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| 611 |
Filed: 3/1/2019, Entered: 3/1/2019 |
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MANDATE of USCA (Certified Copy) as to 9270E3F, Eladio Padilla re: 420 Notice of Appeal, 412 Notice of Appeal. USCA Case Number 17-1577 (L), 17-1639 (Con). The Government moves to dismiss these appeals as barred by the waivers of appellate rights contained in Appellants' plea agreements. Upon due consideration, it is hereby ORDERED that the motion is GRANTED and the appeals are DISMISSED. Appellants conceded their waivers were knowing and voluntary, their arguments do not trigger any exceptions to enforceability of a waiver, and their sentences were reached in a manner anticipated by the plea agreements. See United States v. Riggi, 649 F.3d 143, 148 (2d Cir. 2011); United States v. Gomez-Perez, 215 F.3d 315, 318-19 (2d Cir. 2000).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/02/2018. (nd)
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Request |
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| 610 |
Filed: 2/20/2019, Entered: 2/20/2019 |
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JUDGMENT IN A CRIMINAL CASE as to Demetrius Flowers (1), Count(s) 1, 2, 3 are dismissed on the motion of the US. Pleaded guilty to Count(s) 1s-2s, Count(s) 3s, Count(s) 4s-5s, Imprisonment for a total term of Forty-Eight (48) months on each count, the terms to run concurrently. Supervised release for a term of Five Years. Five Years on Counts One, Two and Three (3) years on counts four and five, the terms to run concurrently. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant serve the remainder of his sentence in the GEO Facility for his own safety. Special Assessment of $500 which is due immediately. (Signed by Judge Paul A. Engelmayer on 2/20/2019)(jw)
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Request |
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Filed: 2/20/2019, Entered: 2/20/2019 |
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DISMISSAL OF COUNTS on Government Motion as to Demetrius Flowers (1) Count 1,2,3. (jw)
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| |
Filed: 2/20/2019, Entered: 2/20/2019 |
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Minute Entry for proceedings held before Judge Paul A. Engelmayer:Sentencing held on 12/20/2018 for Demetrius Flowers (1) Count 1s-2s,3s,4s-5s. (jw)
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| 606 |
Filed: 1/30/2019, Entered: 1/31/2019 |
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ORDER as to Jonathan Saez: It is hereby Ordered that the Government shall file an answer or other pleading no later than February 6, 2019. Failure to do so, or otherwise seek an extension of time from the Court, may result in the imposition of sanctions. It is further Ordered that counsel for the Government file a notice of appearance in the civil action no later than February 6, 2019. The Clerk of Court is directed to file a copy of this Order on the related criminal docket and to mail a copy of this Order to the pro se Petitioner. SO ORDERED. (Responses due by 2/6/2019) (Signed by Magistrate Judge Stewart D. Aaron on (lnl) (Docketed in Civil Case 1:18-cv-08425(PAE(SDA))
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Request |
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| 605 |
Filed: 11/20/2018, Entered: 11/20/2018 |
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ORDER granting 604 LETTER MOTION Request for an Extension of Time to File Answer as to Jonathan Saez (6). Application GRANTED nunc pro tunc. The Government shall file its answer no later than January 18, 2019. Counsel is reminded that all future submissions should be filed on the civil docket in addition to the related criminal docket. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/20/2018) (kl)
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Request |
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| 604 |
Filed: 11/19/2018, Entered: 11/19/2018 |
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LETTER MOTION addressed to Judge Paul A. Engelmayer from AUSA Eli J. Mark dated November 19, 2018 re: 599 Order to Answer, 28 U.S.C. 2255,,, re: Request for an Extension of Time to File Answer . Document filed by USA as to Jonathan Saez. (Mark, Eli)
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Request |
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| 603 |
Filed: 10/30/2018, Entered: 10/30/2018 |
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LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan V. Tipograph dated 10/29/2018 re: adjourn sentencing . Document filed by Demetrius Flowers. (Tipograph, Susan)
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Request |
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| 602 |
Filed: 10/29/2018, Entered: 10/29/2018 |
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ENDORSED LETTER as to Demetrius Flowers addressed to Judge Paul A. Engelmayer, from Susan V. Tipograph dated 10/29/2018 re: Defense counsel writes to request an adjournment of sentencing. ENDORSEMENT: GRANTED. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. (Sentencing set for 12/4/2018 at 02:30 PM before Judge Paul A. Engelmayer). (Signed by Judge Paul A. Engelmayer on 10/29/2018) (ap)
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Request |
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| 600 |
Filed: 9/25/2018, Entered: 9/25/2018 |
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ORDER as to Demetrius Flowers. It is hereby ORDERED that sentencing in this matter, previously scheduled for October 17, 2018, by Judge Katherine B. Forrest, is RESCHEDULED to November 7, 2018, at 11:00 a.m., before Judge Paul A. Engelmayer, in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York 10007. The parties should consult the Court's Individual Rules and Practices for Criminal Cases (available at http://nysd.uscourts.gov/judge/Engelmayer) for sentencing-related procedures and practices. Consistent with the Court's Rules, the defendant's sentencing submission shall be served two weeks in advance of the date set for sentencing. The Government's sentencing submission shall be served one week in advance of the date set for sentencing. The parties should provide the Court with one courtesy hard copy of each submission when it is served. If a party does not intend to file a substantive sentencing submission, the party should file a letter to that effect. (Sentencing set for 11/7/2018 at 11:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 9/25/2018) (ap)
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Request |
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| 599 |
Filed: 9/19/2018, Entered: 9/19/2018 |
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ORDER TO ANSWER, 28 U.S.C. § 2255 as to Jonathan Saez... The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, hereby ORDERS that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. Responses due by 11/19/2018. (Signed by Judge Paul A. Engelmayer on 9/18/2018) (Docketed in 18cv8425) (ap)
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Request |
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| 598 |
Filed: 9/14/2018, Entered: 9/17/2018 |
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MOTION to Vacate under 28 U.S.C. 2255. Document filed by Jonathan Saez. (sac) Civil case 1:18-cv-08425 opened. (sac).
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Request |
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| |
Filed: 9/13/2018, Entered: 9/13/2018 |
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NOTICE OF CASE REASSIGNMENT as to Demetrius Flowers, 6659E04, 9270E3F, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, AB9599F, E23B3FF, Saquran Curtis, Christopher Napoleonis, 2C498744, 69E5C18, 455F059, 5651BC6, A920E56, ADAF71F, to Judge Paul A. Engelmayer. Judge Katherine B. Forrest no longer assigned to the case. (jw)
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| 597 |
Filed: 9/7/2018, Entered: 9/7/2018 |
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ENDORSED LETTER as to Demetrius Flowers addressed to Judge Katherine B. Forrest from Susan V. Tipograph, dated 9/5/2018, re: Defense counsel writes to request an adjournment of the defendant's sentencing. ENDORSEMENT: Sentencing adjourned to 10/17/18 at 10 am. Ordered. (Sentencing set for 10/17/2018 at 10:00 AM before Judge Katherine B. Forrest) (Signed by Judge Katherine B. Forrest on 9/7/2018) (lnl)
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Request |
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| |
Filed: 8/8/2018, Entered: 8/8/2018 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to ADAF71F re: 596 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp)
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| |
Filed: 8/8/2018, Entered: 8/8/2018 |
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Transmission of Notice of Appeal to the District Judge re: 596 Notice of Appeal - Final Judgment. (tp)
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| 596 |
Filed: 8/3/2018, Entered: 8/8/2018 |
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NOTICE OF APPEAL by ADAF71F from 578 Judgment. (tp)
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Request |
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| 594 |
Filed: 7/23/2018, Entered: 7/23/2018 |
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ORDER as to ADAF71F (22) on 593 LETTER MOTION for Extension of Time to File Notice of Appeal. Ordered. The Court construes this as a motion to file a late notice of appeal. The Court allows a late notice (without arguing with the facts stated), only until August 14, 2018. Any notice of appeal must be filed by that date. (Signed by Judge Katherine B. Forrest on 7/23/2018) Copies mailed by Chambers. (ap)
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Request |
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| 593 |
Filed: 7/13/2018, Entered: 7/20/2018 |
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LETTER MOTION for Extension of Time to File Notice of Appeal. Document filed by ADAF71F. (tp)
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Request |
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| |
Filed: 7/9/2018, Entered: 7/9/2018 |
|
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Set/Reset Hearings as to Demetrius Flowers: Sentencing set for 9/17/2018 at 01:00 PM before Judge Katherine B. Forrest. (ap)
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| 592 |
Filed: 7/9/2018, Entered: 7/9/2018 |
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ORDER as to Demetrius Flowers (1) granting 591 LETTER MOTION addressed to Judge Katherine B. Forrest from Susan V. Tipograph dated July 3, 2018 re: adjourn sentencing. Ordered. Sentencing rescheduled to 9/17/18 at 1 pm. (Signed by Judge Katherine B. Forrest on 7/9/2018) (ap)
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Request |
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| 591 |
Filed: 7/5/2018, Entered: 7/5/2018 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Susan V. Tipograph dated July 3, 2018 re: adjourn sentencing . Document filed by Demetrius Flowers. (Tipograph, Susan)
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Request |
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| 590 |
Filed: 2/27/2018, Entered: 2/27/2018 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Susan V. Tipograph re: Correct Dkt 589 . Document filed by Demetrius Flowers. (Tipograph, Susan)
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Request |
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| 589 |
Filed: 2/23/2018, Entered: 2/27/2018 |
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ENDORSED LETTER addressed to Judge Katherine B. Forrest from ADAF71F dated 2/15/18 re: Letter from ADAF71F..ENDORSEMENT: Post to Docket. (Signed by Judge Katherine B. Forrest on 2/23/18)(jw)
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Request |
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 588 |
Filed: 2/21/2018, Entered: 2/21/2018 |
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SEALED DOCUMENT placed in vault. (rz)
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| 587 |
Filed: 2/21/2018, Entered: 2/21/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to ADAF71F. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/26/18 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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| 586 |
Filed: 2/21/2018, Entered: 2/21/2018 |
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TRANSCRIPT of Proceedings as to ADAF71F re: Sentence held on 1/26/18 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2018. Redacted Transcript Deadline set for 3/26/2018. Release of Transcript Restriction set for 5/22/2018. (McGuirk, Kelly)
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Request |
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| 585 |
Filed: 2/14/2018, Entered: 2/14/2018 |
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|
ENDORSED LETTER as to (16-Cr-317-17) 2C49874. addressed to Judge Katherine B. Forrest from Attorney John A. Cirando dated February 7, 2018 re: I have been assigned by the Second Circuit in regard to the defendant's direct appeal. In addition, I am respectfully requesting that the following Docket Items be unsealed for use in the appeal: 144, 145, 146, 147, 152, 176, 330, 331, 348, 364, 397, 400, 423, 457, 473, and 474. A copy of Order of Assignment is enclosed. ENDORSEMENT: Does the Government know of any reason why these materials should not be unsealed ? (Signed by Judge Katherine B. Forrest on 2/13/2018)(bw)
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Request |
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| 584 |
Filed: 2/13/2018, Entered: 2/13/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to E23B3FF. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/19/18 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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| 583 |
Filed: 2/13/2018, Entered: 2/13/2018 |
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TRANSCRIPT of Proceedings as to E23B3FF re: Sentence held on 1/19/18 before Judge Katherine B. Forrest. 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 3/6/2018. Redacted Transcript Deadline set for 3/16/2018. Release of Transcript Restriction set for 5/14/2018. (McGuirk, Kelly)
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Request |
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| 582 |
Filed: 2/9/2018, Entered: 2/9/2018 |
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SEALED DOCUMENT placed in vault. (rz)
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| 581 |
Filed: 2/2/2018, Entered: 2/2/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 5651BC6. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/8/18 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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| 580 |
Filed: 2/2/2018, Entered: 2/2/2018 |
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TRANSCRIPT of Proceedings as to 5651BC6 re: Sentence held on 1/8/18 before Judge Katherine B. Forrest. 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 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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| Save 25% on a pre-paid one year subscription. |
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| 579 |
Filed: 1/31/2018, Entered: 1/31/2018 |
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SEALED DOCUMENT placed in vault. (rz)
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| 578 |
Filed: 1/30/2018, Entered: 1/30/2018 |
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JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 1/26/2018. Defendant ADAF71F (22) pleaded guilty to Count(s) 1. IMPRISONMENT: One Hundred and Twenty (120) Months. The court makes the following recommendations to the Bureau of Prisons: It is strongly recommended that the defendant be given priority placement in and RDAP program in a facility as close to New York City, as possible. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 1/30/2018)(bw)
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Request |
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| 577 |
Filed: 1/29/2018, Entered: 1/29/2018 |
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ENDORSED LETTER as to ADAF71F addressed to Judge Katherine B. Forrest from Maybellene Delgado. ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 1/26/2018)(ft)
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Request |
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| |
Filed: 1/26/2018, Entered: 1/29/2018 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 1/26/2018 for ADAF71F (22) Count 1. (jp)
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| 576 |
Filed: 1/26/2018, Entered: 1/26/2018 |
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ENDORSED LETTER as to ADAF71F addressed to Your Honor from Carlos A. ADAF71F, re: Sentencing. ENDORSEMENT: ORDERED. Post to docket.. (Signed by Judge Katherine B. Forrest on 1/26/2018)(lnl)
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Request |
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| 575 |
Filed: 1/26/2018, Entered: 1/26/2018 |
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ENDORSED LETTER as to ADAF71F addressed to Your Honor from Carlos A. ADAF71F, re: Defendant writes with reference to early childhood. ENDORSEMENT: ORDERED. Post to docket. (Signed by Judge Katherine B. Forrest on 1/26/2018) (lnl)
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Request |
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| 574 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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|
JUDGMENT IN A CRIMINAL CASE as to E23B3FF (13), Pleaded guilty to Count(s) 1 and Count(s) 2, Imprisonment for a total term of Forty-Six (46) Months on count one (1) to be followed by a mandatory and consecutive Sixty (60) Month term on count two (2), for a total term of imprisonment of One Hundred and Six (106) Months. Supervised release for a term of Three Years. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. It is also recommended that the defendant be made available to participate in any educational programs for which he may qualify. It is also recommended that the defendant be evaluated for placement in an RDAP program. Special Assessment of $200 which is due immediately. (Signed by Judge Katherine B. Forrest on 1/22/18)(jw)
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Request |
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| |
Filed: 1/19/2018, Entered: 1/22/2018 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 1/19/2018 for E23B3FF (13) Count 1,2. (jp)
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| 573 |
Filed: 1/19/2018, Entered: 1/19/2018 |
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|
SENTENCING SUBMISSION by USA as to ADAF71F. (Mark, Eli)
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Request |
|
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| 572 |
Filed: 1/19/2018, Entered: 1/19/2018 |
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SENTENCING SUBMISSION by ADAF71F as to Demetrius Flowers, 9270E3F, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, AB9599F, 6659E04, E23B3FF, Saquran Curtis, Christopher Napoleonis, 2C498744, 69E5C18, 455F059, 5651BC6, A920E56, ADAF71F. (Maffeo, J)
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Request |
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| 571 |
Filed: 1/16/2018, Entered: 1/16/2018 |
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Sentencing Letter by E23B3FF addressed to Judge Katherine B. Forrest from Zachary S. Taylor dated January 16, 2018 re: Additional letters of support on behalf of E23B3FF. (Taylor, Zachary)
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Request |
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| 570 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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SENTENCING SUBMISSION by USA as to E23B3FF. (Laroche, Matthew)
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Request |
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| 569 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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Sentencing Letter by ADAF71F as to Demetrius Flowers, 9270E3F, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, AB9599F, 6659E04, E23B3FF, Saquran Curtis, Christopher Napoleonis, 2C498744, 69E5C18, 455F059, 5651BC6, A920E56, ADAF71F addressed to Hon. Katherine B. Forrest from J. Bruce Maffeo dated January 12, 2018 re: Sentencing Memorandum. (Maffeo, J)
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Request |
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| 568 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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SENTENCING SUBMISSION by E23B3FF. (Taylor, Zachary)
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Request |
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| 566 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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JUDGMENT IN A CRIMINAL CASE as to 5651BC6 (20), Pleaded guilty to Count(s) 1 & Count(s) 2, Imprisonment for a total term of Six Months on Count One, to be followed consecutively with Eighty Four (84) Months on Count Two, for a total term of imprisonment of Ninety (90) Months. Supervised release for a term of Three Years. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be given priority placement in an RDAP program, in a facility as close to New York City, as possible. The defendant must seek and maintain full-time employment. The defendant shall be supervised by the district of residence. Special Assessment of $200 which is due immediately. (Signed by Judge Katherine B. Forrest on 1/8/18)(jw)
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Request |
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| |
Filed: 1/9/2018, Entered: 1/9/2018 |
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Attorney update in case as to 69E5C18. Attorney Jenny Chenying Gu terminated (jw)
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| 565 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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MEMO ENDORSEMENT granting 564 LETTER MOTION To seek to be relieved as to 69E5C18..ENDORSEMENT...SO ORDERED (Signed by Judge Katherine B. Forrest on 1/8/18) (jw)
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Request |
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| |
Filed: 1/8/2018, Entered: 1/8/2018 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 1/8/2018 for 5651BC6 (20) Count 1,2. (jp)
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| 564 |
Filed: 1/2/2018, Entered: 1/2/2018 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Jenny Chenying Gu dated 1/2/2018 re: withdrawing as attorney for 69E5C18 . Document filed by 69E5C18. (Gu, Jenny)
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Request |
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| |
Filed: 1/2/2018, Entered: 1/2/2018 |
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 69E5C18: Notice to Attorney Jenny Chenying Gu to RE-FILE Document 563 MOTION for Jenny C. Gu to Withdraw as Attorney for 69E5C18. Use the event type Letter Motion found under the event list Motions. (ka)
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| 563 |
Filed: 1/2/2018, Entered: 1/2/2018 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Jenny C. Gu to Withdraw as Attorney for 69E5C18. Document filed by 69E5C18. (Gu, Jenny) Modified on 1/2/2018 (ka).
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Request |
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| 562 |
Filed: 12/29/2017, Entered: 12/29/2017 |
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SENTENCING SUBMISSION by USA as to 5651BC6. (Mark, Eli)
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Request |
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| 560 |
Filed: 12/20/2017, Entered: 12/20/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to A920E56. Notice is hereby given that an official transcript of a Sentence proceeding held on 11/27/17 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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| 559 |
Filed: 12/20/2017, Entered: 12/20/2017 |
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TRANSCRIPT of Proceedings as to A920E56 re: Sentence held on 11/27/17 before Judge Katherine B. Forrest. 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 1/10/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/20/2018. (McGuirk, Kelly)
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Request |
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| 558 |
Filed: 12/20/2017, Entered: 12/20/2017 |
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SENTENCING SUBMISSION by 5651BC6. (Travieso, Andre)
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Request |
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| 557 |
Filed: 12/19/2017, Entered: 12/19/2017 |
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SEALED DOCUMENT placed in vault. (rz)
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| 555 |
Filed: 11/28/2017, Entered: 11/28/2017 |
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JUDGMENT In A Criminal Case (S8-16-Cr-317-21). Date of Imposition of Judgment: 11/27/2017. Defendant A920E56 (21) pleaded guilty to Count(s) 3. Count(s) Open and Underlying are dismissed on the motion of the United States. IMPRISONMENT: Eighty Four (84) Months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be evaluated for priority placement in an RDAP program, in a facility as close to New York City, as possible. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 11/27/2017)(bw)
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Request |
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| |
Filed: 11/27/2017, Entered: 11/28/2017 |
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DISMISSAL OF COUNTS on Government Motion as to A920E56 (21) Count 1,2. (bw)
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Filed: 11/27/2017, Entered: 11/27/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 11/27/2017 for A920E56 (21) Count 3. (jp)
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| 554 |
Filed: 11/10/2017, Entered: 11/10/2017 |
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SENTENCING SUBMISSION by USA as to A920E56. (Attachments: # 1 Exhibit A)(Mark, Eli)
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Request |
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| 553 |
Filed: 11/8/2017, Entered: 11/8/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to ADAF71F. Notice is hereby given that an official transcript of a Plea proceeding held on 10/13/17 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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| 552 |
Filed: 11/8/2017, Entered: 11/8/2017 |
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TRANSCRIPT of Proceedings as to ADAF71F re: Plea held on 10/13/17 before Judge Katherine B. Forrest. 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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| 550 |
Filed: 11/6/2017, Entered: 11/6/2017 |
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SENTENCING SUBMISSION by A920E56. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Di Chiara, Gerald)
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Request |
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| 549 |
Filed: 11/2/2017, Entered: 11/2/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to E23B3FF. Notice is hereby given that an official transcript of a Plea proceeding held on 9/29/17 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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| 548 |
Filed: 11/2/2017, Entered: 11/2/2017 |
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TRANSCRIPT of Proceedings as to E23B3FF re: Plea held on 9/29/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Andrew Walker, (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 11/24/2017. Redacted Transcript Deadline set for 12/4/2017. Release of Transcript Restriction set for 1/31/2018. (McGuirk, Kelly)
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Request |
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| 547 |
Filed: 11/1/2017, Entered: 11/1/2017 |
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TRANSCRIPT of Proceedings as to E23B3FF re: Plea held on 9/29/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Andrew Walker, (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 11/22/2017. Redacted Transcript Deadline set for 12/4/2017. Release of Transcript Restriction set for 1/30/2018. (McGuirk, Kelly)
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Request |
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| 546 |
Filed: 10/31/2017, Entered: 10/31/2017 |
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MEMO ENDORSEMENT as to A920E56 (21) denying 545 LETTER MOTION addressed to Judge Katherine B. Forrest from Gerald J. Di Chiara dated 10-30-17 re: Adjourn sentence. ENDORSEMENT: ORDERED: Denied. There is still 2 weeks. Let's keep the date - he can submit a letter even the day of the sentencing. (Signed by Judge Katherine B. Forrest on 10/31/2017) (lnl)
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Request |
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| 545 |
Filed: 10/30/2017, Entered: 10/30/2017 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Gerald J. Di Chiara dated 10-30-17 re: Adjourn sentence . Document filed by A920E56. (Di Chiara, Gerald)
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Request |
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| |
Filed: 10/13/2017, Entered: 10/13/2017 |
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Order of Referral to Probation for Presentence Investigation and Report as to ADAF71F. (jp)
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| |
Filed: 10/13/2017, Entered: 10/13/2017 |
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Set/Reset Hearings as to ADAF71F: Sentencing set for 1/26/2018 at 01:00 PM before Judge Katherine B. Forrest. (jp)
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| |
Filed: 10/13/2017, Entered: 10/13/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to ADAF71F held on 10/13/2017., Plea entered by ADAF71F (22) Guilty of Lesser Offense as to Count 1. Defendant present with attorneys Bruce Maffeo and Mira ROse Serrill-Robins. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offense contained in Count 1. Court accepts plea. Sentencing set for 1/26/2018, at 1:00 p.m. Sentencing submissions from the defendant are due not later than 1/12/2018. Government submissions due 1/19/2018. Detention continued. PSR Ordered. (jp)
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| 544 |
Filed: 10/11/2017, Entered: 10/11/2017 |
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|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Saez. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/8/17 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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| 543 |
Filed: 10/11/2017, Entered: 10/11/2017 |
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|
TRANSCRIPT of Proceedings as to Jonathan Saez re: Sentence held on 9/8/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/9/2018. (McGuirk, Kelly)
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Request |
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| 542 |
Filed: 10/11/2017, Entered: 10/11/2017 |
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|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 69E5C18. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/8/17 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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| 541 |
Filed: 10/11/2017, Entered: 10/11/2017 |
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|
TRANSCRIPT of Proceedings as to 69E5C18 re: Sentence held on 9/8/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/9/2018. (McGuirk, Kelly)
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Request |
|
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| 540 |
Filed: 10/11/2017, Entered: 10/11/2017 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to ADAF71F. Notice is hereby given that an official transcript of a Conference proceeding held on 9/8/17 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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| 539 |
Filed: 10/11/2017, Entered: 10/11/2017 |
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|
TRANSCRIPT of Proceedings as to ADAF71F re: Conference held on 9/8/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/9/2018. (McGuirk, Kelly)
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Request |
|
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| 538 |
Filed: 10/10/2017, Entered: 10/10/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to E23B3FF. Notice is hereby given that an official transcript of a Conference proceeding held on 9/15/17 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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| 537 |
Filed: 10/10/2017, Entered: 10/10/2017 |
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TRANSCRIPT of Proceedings as to E23B3FF re: Conference held on 9/15/17 before Judge Katherine B. Forrest. 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 10/31/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/8/2018. (McGuirk, Kelly)
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Request |
|
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| 536 |
Filed: 10/3/2017, Entered: 10/3/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 2C49874. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/7/17 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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| 535 |
Filed: 10/3/2017, Entered: 10/3/2017 |
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TRANSCRIPT of Proceedings as to 2C49874. re: Sentence held on 9/7/17 before Judge Katherine B. Forrest. 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 10/24/2017. Redacted Transcript Deadline set for 11/3/2017. Release of Transcript Restriction set for 1/1/2018. (McGuirk, Kelly)
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Request |
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| |
Filed: 9/29/2017, Entered: 9/29/2017 |
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Order of Referral to Probation for Presentence Investigation and Report as to E23B3FF. (jp)
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| |
Filed: 9/29/2017, Entered: 9/29/2017 |
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Set/Reset Hearings as to E23B3FF: Sentencing set for 1/19/2018 at 03:00 PM before Judge Katherine B. Forrest. (jp)
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| |
Filed: 9/29/2017, Entered: 9/29/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to E23B3FF held on 9/29/2017., Plea entered by E23B3FF (13) Guilty of Lesser Offense as to Count 1,2. Defendant present with attorney Zachary Taylor. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offenses contained in Counts One (1) and Two (2). Court accepts plea. Sentencing set for 1/19/2018, at 3:00 p.m. Sentencing submissions from the defendant are due not later than 1/5/2018, Government submissions due not later than 1/12/2018. PSR Ordered. Remand continued. (jp)
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| 534 |
Filed: 9/26/2017, Entered: 9/26/2017 |
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|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 5651BC6. Notice is hereby given that an official transcript of a Plea proceeding held on 8/31/17 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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| 533 |
Filed: 9/26/2017, Entered: 9/26/2017 |
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|
TRANSCRIPT of Proceedings as to 5651BC6 re: Plea held on 8/31/17 before Judge Katherine B. Forrest. 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 10/17/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/26/2017. (McGuirk, Kelly)
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Request |
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| 532 |
Filed: 9/22/2017, Entered: 9/22/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Saez. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/8/17 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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| 531 |
Filed: 9/22/2017, Entered: 9/22/2017 |
|
|
TRANSCRIPT of Proceedings as to Jonathan Saez re: Sentence held on 9/8/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/13/2017. Redacted Transcript Deadline set for 10/23/2017. Release of Transcript Restriction set for 12/21/2017. (McGuirk, Kelly)
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Request |
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| |
Filed: 9/21/2017, Entered: 9/21/2017 |
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Payment of Special Assessment from Eladio Padilla in the amount of $200.00. Date Received: 9/21/2017. (aa)
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| 530 |
Filed: 9/20/2017, Entered: 9/20/2017 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to ADAF71F. Notice is hereby given that an official transcript of a Conference proceeding held on 8/23/17 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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| 529 |
Filed: 9/20/2017, Entered: 9/20/2017 |
|
|
TRANSCRIPT of Proceedings as to ADAF71F re: Conference held on 8/23/17 before Judge Katherine B. Forrest. 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 10/11/2017. Redacted Transcript Deadline set for 10/23/2017. Release of Transcript Restriction set for 12/19/2017. (McGuirk, Kelly)
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|
Request |
|
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| 528 |
Filed: 9/19/2017, Entered: 9/19/2017 |
|
|
ORDER as to (16-Cr-317-17) 2C49874. The Court has received the attached letter from defendant 2C49874. The Court will not revisit its sentencing determination. However, the Court directs counsel for Mr. 2C49874 or A920E56 to file a Notice of Appeal on his behalf as he seeks the same in the last sentence of his letter. SO ORDERED: (Signed by Judge Katherine B. Forrest on 9/19/2017)(bw)
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|
Request |
|
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| 527 |
Filed: 9/19/2017, Entered: 9/19/2017 |
|
|
ORDER as to (16-Cr-317-13) E23B3FF. Pursuant to a proceeding with the Court on 9/15/2017, it is hereby ORDERED as follows: -Trial shall commence on 11/6/2017, at 9:00 a.m. -The final pretrial conference is scheduled for 11/1/2017, at 1:00 p.m. -Any Rule 404(b) Notice shall be provided to defendant not later than 10/6/2017. -Pretrial materials, including proposed voir dire, proposed jury instructions, proposed stipulations, as well as witness and exhibit lists shall be filed not later than 10/23/2017. -Motions in limine shall be filed not later than 10/16/2017. Responses shall be due not later than 10/23/2017 (no replies). -3500 material shall be turned over to the defendant not later than 11/1/2017. SO ORDERED: (Signed by Judge Katherine B. Forrest on 9/19/2017)(bw)
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Request |
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| |
Filed: 9/15/2017, Entered: 9/18/2017 |
|
|
Minute Entry for proceedings held before Judge Katherine B. Forrest:Status Conference as to E23B3FF held on 9/15/2017. Defendant present with attorney Zachary Taylor. AUSA Eli Mark present. Court Reporter present. Conferenc held. Order to follow. Remand continued. (jp)
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| 526 |
Filed: 9/12/2017, Entered: 9/12/2017 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Luis Cruz. Notice is hereby given that an official transcript of a Sentence proceeding held on 8/17/17 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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|
| 525 |
Filed: 9/12/2017, Entered: 9/12/2017 |
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TRANSCRIPT of Proceedings as to Luis Cruz re: Sentence held on 8/17/17 before Judge Katherine B. Forrest. 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 10/3/2017. Redacted Transcript Deadline set for 10/13/2017. Release of Transcript Restriction set for 12/11/2017. (McGuirk, Kelly)
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Request |
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Filed: 9/12/2017, Entered: 9/12/2017 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to 2C49874. re: 524 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp)
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Filed: 9/12/2017, Entered: 9/12/2017 |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to 2C49874. to US Court of Appeals re: 524 Notice of Appeal - Final Judgment. (tp)
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Filed: 9/12/2017, Entered: 9/12/2017 |
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Appeal Remark as to 2C49874. re: 524 Notice of Appeal - Final Judgment. APPEAL FEE WAIVED. ATTORNEY CJA. (tp)
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| 524 |
Filed: 9/12/2017, Entered: 9/12/2017 |
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NOTICE OF APPEAL by 2C49874. from 521 Judgment. (tp)
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Request |
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| 523 |
Filed: 9/12/2017, Entered: 9/12/2017 |
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JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 9/8/2017. Defendant Jonathan Saez (6) pleaded guilty to Count(s) 1, 2. IMPRISONMENT: Eighty-Three (83) months on count 1 to run consecutive to Eighty-Eight (88) months on count 2, for a total term of imprisonment of One Hundred and Seventy One (171) months. SUPERVISED RELEASE: Three (3) years on each count to run concurrently. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $200.00, due immediately. (Signed by Judge Katherine B. Forrest on 9/12/2017)(bw)
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Request |
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| 522 |
Filed: 9/12/2017, Entered: 9/12/2017 |
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JUDGMENT In A Criminal Case (S3-16-Cr-317-18). Date of Imposition of Judgment: 9/8/2017. Defendant 69E5C18 (18) pleaded guilty to Count(s) 1. IMPRISONMENT: Sixteen (16) Months. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 9/12/2017)(bw)
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Request |
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| 521 |
Filed: 9/12/2017, Entered: 9/12/2017 |
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JUDGMENT In A Criminal Case (S1-16-Cr-317-17). Date of Imposition of Judgment: 9/7/2017. Defendant 2C49874. (17) pleaded guilty to Count(s) 1. Count(s) Underlying is dismissed on the motion of the United States. IMPRISONMENT: Eighty-Four (84) Months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be given priority placement in an RDAP program in a facility as close to New York City, as possible. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 9/12/2017)(bw)
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Request |
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| 520 |
Filed: 9/11/2017, Entered: 9/12/2017 |
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ORDER as to (16-Cr-317-22) ADAF71F. Pursuant to a proceeding with the Court on 9/8/2017, it is hereby ORDERED as follows: -The next status conference is scheduled for 10/13/2017, at 11:00 a.m. If a disposition has not been reached by/on that date, the Court intends to set a schedule for going forward, including trial. -Upon application of the Government and consented to by defendant, and as set forth on the record, time pursuant to 18 U.S.C. 3161 (h)(7)(A) of the Speedy Trial Act, is hereby excluded from 9/8/2017 to 10/13/2017. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendant in a speedy trial. SO ORDERED: (Signed by Judge Katherine B. Forrest on 9/11/2017)(bw)
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Request |
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Filed: 9/8/2017, Entered: 9/11/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 9/8/2017 for Jonathan Saez (6) Count 1,2. (jp)
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Filed: 9/8/2017, Entered: 9/11/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 9/8/2017 for 69E5C18 (18) Count 1. (jp)
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Filed: 9/8/2017, Entered: 9/11/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Status Conference as to ADAF71F held on 9/8/2017. Defendant present with attorneys Bruce Maffeo and Mira Rose Serrill-Robins. AUSAs Matthew Laroche and Eli Mark present. Court Reporter present. Conference held. Order to follow. Remand continued. (jp)
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Filed: 9/7/2017, Entered: 9/11/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 9/7/2017 for 2C49874. (17) Count 1. (jp)
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| 519 |
Filed: 9/7/2017, Entered: 9/7/2017 |
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MEMORANDUM DECISION & ORDER as to Jonathan Saez. On January 17, 2017, Jonathan Saez (defendant) pled guilty to havingcommitted two crimes: participating in a conspiracy to distribute crack andbrandishing a firearm in connection therewith. (ECF No. 290.) On May 5, 2017,the Court commenced a sentencing proceeding. (ECF No. 436.) During that proceeding, defendant raised a number of disputes regarding factual statements in the Presentence Investigation Report (PSR). (ECF No. 390.) All of those disputes were addressed and resolved save one series: each of paragraphs 30, 31 and 32contain references and a description of defendants involvement in a gang- related shooting on May 20, 2013. Issues the parties have raised regarding acceptance of responsibility credit shall be addressed at the continued sentencing proceedings. SO ORDERED (Signed by Judge Katherine B. Forrest on 9/7/17)(jw)
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Request |
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| 518 |
Filed: 9/6/2017, Entered: 9/6/2017 |
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ENDORSED LETTER as to (16-Cr-317-07) Brian McBeth addressed to Judge Katherine B. Forrest from Defendant Brian McBeth dated August 10, 2017 re: I am writing to you regarding a request for Nunc Pro Tunc status that I have made to the Federal Bureau of Prisons, (enclosed is a copy). As part of that request the F.B.O.P. is to seek the sentencing judges recommendation. I am both hopeful, and requesting a favorable recommendation from your honor for that status. ENDORSEMENT: Order: The Court did not provide for the sentence (federal) to run concurrent to the state. It stated on the record that the federal time should run, and the state time would run. The Court therefore declines defendant's request. (Signed by Judge Katherine B. Forrest on 8/23/2017)(bw)
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Request |
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| 517 |
Filed: 9/1/2017, Entered: 9/1/2017 |
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SENTENCING SUBMISSION by USA as to 69E5C18. (Mark, Eli)
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Request |
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| 516 |
Filed: 9/1/2017, Entered: 9/1/2017 |
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LETTER by USA as to Jonathan Saez addressed to Judge Katherine B. Forrest from Eli J. Mark dated September 1, 2017 re: Response to Saez Letter dated August 28, 2017 (Dkt 509) regarding Post-Fatico Hearing Briefing Document filed by USA. (Mark, Eli)
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Request |
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Filed: 8/31/2017, Entered: 9/6/2017 |
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Order of Referral to Probation for Presentence Investigation and Report as to 5651BC6. (jp)
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Filed: 8/31/2017, Entered: 9/6/2017 |
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Set/Reset Hearings as to 5651BC6: Sentencing set for 1/8/2018 at 11:00 AM before Judge Katherine B. Forrest. (jp)
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Filed: 8/31/2017, Entered: 9/6/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to 5651BC6 held on 8/31/2017., Plea entered by 5651BC6 (20) Guilty as to Count 1,2. Defendant present with attorney Andrew Travieso. AUSA Matthew Laroche present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of Guilty to the lesser included offenses contained in Counts One (1) and (2). Court accepts plea. Sentencing set for 1/8/2018, at 11:00 a.m. Sentencing submissions from the defendant are due not later than 12/23/2017. Government submissions are due not later than 12/30/2017. Remand continued. (jp)
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| 515 |
Filed: 8/31/2017, Entered: 8/31/2017 |
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SENTENCING SUBMISSION by USA as to 2C49874. (Mark, Eli)
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Request |
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| 514 |
Filed: 8/29/2017, Entered: 8/29/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to A920E56. Notice is hereby given that an official transcript of a Plea proceeding held on 8/18/17 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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| 513 |
Filed: 8/29/2017, Entered: 8/29/2017 |
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TRANSCRIPT of Proceedings as to A920E56 re: Plea held on 8/18/17 before Magistrate Judge Barbara C. Moses. 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 9/19/2017. Redacted Transcript Deadline set for 9/29/2017. Release of Transcript Restriction set for 11/27/2017. (McGuirk, Kelly)
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Request |
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| 512 |
Filed: 8/28/2017, Entered: 8/28/2017 |
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ORDER as to (16-Cr-317-17) 2C49874. Subsequent to his written request for a 30-day adjournment of sentencing (ECF No. 506), which was granted at ECF No. 510, defendant requested through counsel that the Court proceed with sentencing on the originally scheduled date. Accordingly, sentencing in this matter will proceed on September 7, 2017, but at the new time of 3:00 p.m. SO ORDERED: (Signed by Judge Katherine B. Forrest on 8/28/2017)(bw)
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Request |
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| 511 |
Filed: 8/28/2017, Entered: 8/28/2017 |
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SENTENCING SUBMISSION by 2C49874. (Dubin, Lawrence)
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Request |
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Filed: 8/28/2017, Entered: 8/28/2017 |
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Set/Reset Deadlines/Hearings as to 2C49874.; Sentencing set for 10/16/2017 at 01:00 PM before Judge Katherine B. Forrest (jw)
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| 510 |
Filed: 8/28/2017, Entered: 8/28/2017 |
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MEMO ENDORSEMENT granting 506 LETTER MOTION Reschedule Sentencing as to 2C49874..ENDORSEMENT...Sentencing rescheduled for good cause shown to 10/16/17 at 1pm. (Signed by Judge Katherine B. Forrest on 8/28/17) (jw)
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Request |
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| 509 |
Filed: 8/28/2017, Entered: 8/28/2017 |
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LETTER by Jonathan Saez addressed to Judge Katherine B. Forrest from Mark J. Stein dated August 28, 2017 re: Response to Letter dated August 10, 2017 (ECF No. 494) (Stein, Mark)
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Request |
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Filed: 8/28/2017, Entered: 8/28/2017 |
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Jonathan Saez: Notice to Attorney Mark J. Stein to RE-FILE Document 508 Response. Use the event type Letter found under the event list Other Documents. (ka)
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| 508 |
Filed: 8/28/2017, Entered: 8/28/2017 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE by Jonathan Saez re: 494 Letter filed by USA . (Stein, Mark) Modified on 8/28/2017 (ka).
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Request |
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| 507 |
Filed: 8/25/2017, Entered: 8/25/2017 |
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SENTENCING SUBMISSION by 69E5C18. (Attachments: # 1 Exhibit Letters from family members and other supporting material)(Gu, Jenny)
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Request |
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| 506 |
Filed: 8/23/2017, Entered: 8/23/2017 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Lawrence A. Dubin, Esq. dated August 23, 2017 re: sentencing adjournment . Document filed by 2C49874. (Dubin, Lawrence)
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Request |
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Filed: 8/23/2017, Entered: 8/23/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Bond Hearing as to ADAF71F held on 8/23/2017. Defendant present with attorneys Bruce Maffeo and Mira Serrill-Robins. AUSA Matthew Laroche present. Court reporter present. Bail Application hearing held. As set forth on the record (see transcript) the defendant's application for bail is denied. Detention continued. (jp)
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| 505 |
Filed: 8/22/2017, Entered: 8/22/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 455F059. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/28/17 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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| 504 |
Filed: 8/22/2017, Entered: 8/22/2017 |
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TRANSCRIPT of Proceedings as to 455F059 re: Sentence held on 7/28/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/12/2017. Redacted Transcript Deadline set for 9/22/2017. Release of Transcript Restriction set for 11/20/2017. (McGuirk, Kelly)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 503 |
Filed: 8/22/2017, Entered: 8/22/2017 |
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ORDER 500 LETTER MOTION It is hereby ORDERED that the defendant's guilty plea is accepted as to A920E56. SO ORDERED (Signed by Judge Katherine B. Forrest on 8/21/17) (jw)
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Request |
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Filed: 8/21/2017, Entered: 8/21/2017 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Luis Cruz re: 502 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp)
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Filed: 8/21/2017, Entered: 8/21/2017 |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Luis Cruz to US Court of Appeals re: 502 Notice of Appeal - Final Judgment. (tp)
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| 500 |
Filed: 8/21/2017, Entered: 8/21/2017 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Matthew Laroche dated August 21, 2017 re: Accept Guilty Plea . Document filed by USA as to A920E56. (Attachments: # 1 Exhibit A - Plea Agreement, # 2 Exhibit B - Plea Transcript, # 3 Exhibit C - Proposed Order)(Laroche, Matthew)
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Request |
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Filed: 8/18/2017, Entered: 8/21/2017 |
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Plea entered by A920E56 (21) Guilty as to Count 3. (jw)
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Filed: 8/18/2017, Entered: 8/21/2017 |
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Change of Not Guilty Plea to Guilty Plea as to A920E56 (21) Count 3. (jw)
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Filed: 8/18/2017, Entered: 8/21/2017 |
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses:Change of Plea Hearing as to A920E56 held on 8/18/2017. AUSA Matthew Laroche present. Deft A920E56 present with atty Gerald Chiara. Consent to proceed before Magistrate filed. Deft plead guilty to count 3. Deft continued detained. Sentence ctr date 11/16/17. (jw)
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| 499 |
Filed: 8/18/2017, Entered: 8/18/2017 |
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JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 8/17/2017. Defendant Luis Cruz (9) pleaded guilty to Count(s) 1. Count(s) 2 is dismissed on the motion of the United States. IMPRISONMENT: Ninety-Six (96) Month. The court makes the following recommendations to the Bureau of Prisons: 1. The Court recommends that the defendant not be housed with any co-defendants. 2. To the extent possible, in conjunction with the above recommendation, in order to facilitate family visits, it is recommended that the defendant be housed as close to New York City, as possible. [Recommendation #1 should be considered first. The NYC recommendation follows that, and only if #1 has first been accomplished.] SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 8/18/2017)(bw)
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Request |
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| 498 |
Filed: 8/18/2017, Entered: 8/18/2017 |
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CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by (S8-16-Cr-317-21) A920E56. (Accepted by Magistrate Judge Barbara C. Moses on 8/18/2017) (bw)
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Request |
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Filed: 8/17/2017, Entered: 8/21/2017 |
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Appeal Remark as to Luis Cruz re: 502 Notice of Appeal - Final Judgment. APPEAL FEE WAIVED. ATTORNEY CJA. (tp)
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| 502 |
Filed: 8/17/2017, Entered: 8/21/2017 |
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NOTICE OF APPEAL by Luis Cruz from 499 Judgment. (tp)
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Request |
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| 501 |
Filed: 8/17/2017, Entered: 8/21/2017 |
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TRANSCRIPT REQUEST by Luis Cruz for a Sentence proceeding held on 8/17/2017 before Judge Katherine B. Forrest. Transcript due by 8/28/2017. (tp)
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Request |
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Filed: 8/17/2017, Entered: 8/18/2017 |
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DISMISSAL OF COUNTS on Court or Defendant Motion as to Luis Cruz (9) Count 2. (bw)
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Filed: 8/17/2017, Entered: 8/17/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 8/17/2017 for Luis Cruz (9) Count 1. (jp)
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| 497 |
Filed: 8/17/2017, Entered: 8/17/2017 |
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SENTENCING SUBMISSION by Luis Cruz as to Demetrius Flowers, 9270E3F, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, AB9599F, 6659E04, E23B3FF, Saquran Curtis, Christopher Napoleonis, 2C498744, 69E5C18, 455F059, 5651BC6, A920E56, ADAF71F. (Commissiong, Karloff)
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Request |
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| 496 |
Filed: 8/16/2017, Entered: 8/16/2017 |
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LETTER by USA as to ADAF71F addressed to Judge Katherine B. Forrest from Matthew Laroche dated August 16, 2017 re: Defendant's Bail Request Document filed by USA. (Laroche, Matthew)
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Request |
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| 495 |
Filed: 8/10/2017, Entered: 8/10/2017 |
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LETTER by Jonathan Saez addressed to Judge Katherine B. Forrest from Mark J. Stein dated August 10, 2017 (Stein, Mark)
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Request |
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| 494 |
Filed: 8/10/2017, Entered: 8/10/2017 |
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LETTER by USA as to Jonathan Saez addressed to Judge Katherine B. Forrest from Matthew Laroche dated August 10, 2017 re: Fatico Hearing Document filed by USA. (Laroche, Matthew)
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Request |
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| 493 |
Filed: 8/10/2017, Entered: 8/10/2017 |
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SENTENCING SUBMISSION by USA as to Luis Cruz. (Mark, Eli)
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Request |
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| 492 |
Filed: 8/9/2017, Entered: 8/9/2017 |
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NOTICE OF ATTORNEY APPEARANCE: Mira Rose Serrill-Robins appearing for ADAF71F. Appearance Type: CJA Appointment. (Serrill-Robins, Mira)
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Request |
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| 491 |
Filed: 8/8/2017, Entered: 8/8/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Saez. Notice is hereby given that an official transcript of a Hearing proceeding held on 8/1/17 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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| 490 |
Filed: 8/8/2017, Entered: 8/8/2017 |
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TRANSCRIPT of Proceedings as to Jonathan Saez re: Hearing held on 8/1/17 before Judge Katherine B. Forrest. 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 8/29/2017. 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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| 489 |
Filed: 8/8/2017, Entered: 8/8/2017 |
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MEMO ENDORSEMENT as to (16-Cr-317-13) E23B3FF on "NOTICE OF MOTION" filed by E23B3FF dated July 24, 2017 re: for an order pursuant to the Fourth, Fifth and Sixth Amendments to the United States Constitution suppressing evidence relating to post-arrest statements Mr. E23B3FF allegedly made to law enforcement officers on April 17, 2017 or, in the alternative, an evidentiary hearing to resolve the issues raised therein and for such other and further relief as this Court may deem just and proper. ENDORSEMENT: Based on the Government's position as set forth on P.6 of ECF No. 487, This motion is DENIED as moot. The Clerk of Court is directed to terminate the motion at ECF No. 466. (Signed by Judge Katherine B. Forrest on 8/8/2017)(bw)
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Request |
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| 488 |
Filed: 8/8/2017, Entered: 8/8/2017 |
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ORDER as to (16-Cr-317-22) ADAF71F. Pursuant to a proceeding with the Court on 8/4/2017, it is hereby ORDERED as follows: -The next status conference is scheduled for 9/8/2017, at 3:00 p.m. At that conference the parties shall be prepared to discuss any potential motions which may be brought as well as a schedule for going forward, including trial. -Upon application of the Government and consented to by defendant, and as set forth on the record, time pursuant to 18 U.S.C. 3161(h)(7)(A) of the Speedy Trial Act, is hereby excluded from 8/4/2017 to 9/8/2017. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendant in a speedy trial. SO ORDERED: (Signed by Judge Katherine B. Forrest on 8/8/2017)(bw)
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Request |
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| 487 |
Filed: 8/7/2017, Entered: 8/7/2017 |
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MEMORANDUM in Opposition by USA as to E23B3FF, A920E56 re 466 FIRST MOTION to Suppress evidence concerning Mr. E23B3FF alleged post-arrest statements., 462 MOTION to Suppress .. (Laroche, Matthew)
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Request |
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Filed: 8/7/2017, Entered: 8/7/2017 |
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Transmission to Sealed Records Clerk: as to Luis Cruz (9). Transmitted re: 486 Memo Endorsement, to the Sealed Records Clerk for the sealing of document. (bw)
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| 486 |
Filed: 8/7/2017, Entered: 8/7/2017 |
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MEMO ENDORSEMENT as to (16-Cr-317-09) Luis Cruz on re: 483 FIRST LETTER MOTION filed by Luis Cruz, addressed to Judge Katherine B. Forrest from Attorney Karloff C. Commissiong dated August 3, 2017 re: Request to file sentencing memorandum under seal. I write to request that my sentencing letter on behalf of Mr. Cruz, be filed under seal. ENDORSEMENT: So Ordered. (Signed by Judge Katherine B. Forrest on 8/7/2017)(bw)
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| 485 |
Filed: 8/7/2017, Entered: 8/7/2017 |
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NOTICE OF ATTORNEY APPEARANCE: J Bruce Maffeo appearing for ADAF71F. Appearance Type: CJA Appointment. (Maffeo, J)
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Request |
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Filed: 8/4/2017, Entered: 8/4/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to ADAF71F (22) Count ADAF71F (22) Count 1 held on 8/4/2017., Plea entered by ADAF71F (22) Count ADAF71F (22) Count 1 Not Guilty. Defendant present with attorney Bruce Maffeo. AUSA Matthew Laroche present. Court Reporter present. Defendant arraigned on the indictment and enters a plea of not guilty. Order to follow. Detention continued. (jp)
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| 483 |
Filed: 8/3/2017, Entered: 8/3/2017 |
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FIRST LETTER MOTION addressed to Judge Katherine B. Forrest from Karloff C. Commissiong dated August 3, 2017 re: Request to file sentencing memorandum under seal . Document filed by Luis Cruz as to Demetrius Flowers, 6659E04, 9270E3F, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, AB9599F, E23B3FF, Saquran Curtis, Christopher Napoleonis, 2C498744, 69E5C18, 455F059, 5651BC6, A920E56, ADAF71F. (Commissiong, Karloff)
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Request |
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| 482 |
Filed: 8/1/2017, Entered: 8/1/2017 |
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STIPULATION (Unsigned) as to Jonathan Saez. (ft)
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Request |
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| |
Filed: 8/1/2017, Entered: 8/1/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Fatico Hearing as to Jonathan Saez held on 8/1/2017. Defendant present with attorneys Mark Stein, Kristina Green, and Zander Li. AUSAs Matthew Laroche and Eli Mark present. Court Reporter present. Hearing held. The Court gave the parties additional time to put in submissions relating to the Fatico Hearing. Sentencing set for 9/8/2017, at 1:00 p.m. Detention continued. (jp)
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| 481 |
Filed: 7/31/2017, Entered: 8/1/2017 |
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MEDICAL ATTENTION FORM: as to (S7-16-Cr-317-22) ADAF71F. 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 Gabriel W. Gorenstein on 7/31/2017) (bw)
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Filed: 7/31/2017, Entered: 8/1/2017 |
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ORAL ORDER as to (S7-16-Cr-317-22) ADAF71F. Time excluded from 7/31/2017 until 8/4/2017. (By Magistrate Judge Gabriel W. Gorenstein on 7/31/2017) (bw)
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| 480 |
Filed: 7/31/2017, Entered: 8/1/2017 |
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Minute Entry on "Disposition Sheet" for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Initial Appearance as to (S7-16-Cr-317-22) ADAF71F held on 7/31/2017. AUSA Eli Mark. Defense Counsel Bruce Maffeo by Michael Bachrach (CJA). Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Conference before District Judge on 8/4/2017. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 8/4/2017. (bw)
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Request |
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Filed: 7/31/2017, Entered: 8/1/2017 |
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Attorney update in case as to (S7-16-Cr-317-22) ADAF71F. Attorney Michael Keith Bachrach for ADAF71F added. (bw)
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| 479 |
Filed: 7/31/2017, Entered: 8/1/2017 |
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CJA 23 Financial Affidavit by (S7-16-Cr-317-22) ADAF71F. APPROVED: (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/2017); Attorney Michael K. Bachrach (for today only). (bw)
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| 477 |
Filed: 7/31/2017, Entered: 8/1/2017 |
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S(7) INDICTMENT FILED as to ADAF71F (22) count(s) 1. (jm)(Filed under seal on 3/21/17)
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| 476 |
Filed: 7/31/2017, Entered: 8/1/2017 |
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ORDER as to ADAF71F unsealing the S(7) superseding indictment. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/17)(jm)
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Request |
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| 475 |
Filed: 7/31/2017, Entered: 7/31/2017 |
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JUDGMENT In A Criminal Case (S6-16-Cr-317-19). Date of Imposition of Judgment: 7/28/2017. Defendant 455F059 (19) pleaded guilty to Count(s) 1s. Count(s) Underlying is dismissed on the motion of the United States. IMPRISONMENT: Time Served. SUPERVISED REELASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms: -The defendant shall refrain from unlawful use of a controlled substance; the probation office may test the defendant randomly or on a scheduled basis to ensure compliance with this term. -The defendant must comply with all directives of the probation office regarding any drug testing by the probation office or any associated programs. -The defendant shall submit to one drug test within 15 days of commencement of probation or supervised release and at least two drug tests thereafter for use of a controlled substance. -The defendant must participate in a program approved by the probation department for mental health. The defendant shall not be required to contribute to the costs of any program. -The defendant shall submit his person, residence, place of business, vehicle, or any 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 the release may be found. This search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be grounds for revocation. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. -The defendant is to provide the Probation Department access to any and all requested financial information. -The defendant shall be supervised by the district of residence. ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 7/31/2017)(bw)
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Request |
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| 474 |
Filed: 7/31/2017, Entered: 7/31/2017 |
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SEALED DOCUMENT placed in vault. (rz)
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| 473 |
Filed: 7/31/2017, Entered: 7/31/2017 |
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SEALED DOCUMENT placed in vault. (rz)
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Filed: 7/28/2017, Entered: 7/31/2017 |
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DISMISSAL OF COUNTS on Government Motion as to 455F059 (19) Count 1. (bw)
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Filed: 7/28/2017, Entered: 7/31/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 7/28/2017 for 455F059 (19) Count 1s. (jp)
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| 472 |
Filed: 7/28/2017, Entered: 7/28/2017 |
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ORDER as to 455F059. On July 28, 2017, the defendant in this action was sentenced to a period of time served. Subject to any detainers from other federal or state agencies, the defendant should be released from the custody of the United States Marshal. SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/28/2017)(ft)
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Request |
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| 470 |
Filed: 7/25/2017, Entered: 7/25/2017 |
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ORDER as to (16-Cr-317-06) Jonathan Saez. Upon the application of the United States of America, Joon H. Kim, Acting United States Attorney for the Southern District of New York, by and through Assistant United States Attorneys Matthew Laroche and Eli Mark, of counsel, for an order precluding the dissemination of material produced pursuant to 18 u.s.c. § 3500 relating to cooperating witnesses (the "3500 material"), for the reasons stated in the Government's letter dated July 18, 2017, it is hereby ORDERED that (1) the defense shall return or destroy all 3500 material (including all copies thereof), at the conclusion of the case or when any appeal has become final; (2) the defense is precluded from disseminating any 3500 material (and any copies) to anyone beyond the defendant, defense counsel, and any paralegal or staff employed by the defense; and (3) the defendant is precluded from taking any 3500 material (and any copies) into any jail facility or possessing any 3500 material, either before, during, or after the case; except that the defendant may review 3500 material in the possession of defense counsel and/or any paralegal or staff employed by the defense when in the presence of defense counsel and/or any paralegal or staff employed by the defense. (Signed by Judge Katherine B. Forrest on 7/25/2017)(bw)
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Request |
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| 469 |
Filed: 7/25/2017, Entered: 7/25/2017 |
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NOTICE OF ATTORNEY APPEARANCE: Robert Samuel Cohen appearing for E23B3FF. Appearance Type: CJA Appointment. (Cohen, Robert)
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Request |
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| 468 |
Filed: 7/24/2017, Entered: 7/24/2017 |
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DECLARATION of Zachary S. Taylor in Support as to E23B3FF re: 466 FIRST MOTION to Suppress evidence concerning Mr. E23B3FF alleged post-arrest statements.. (Attachments: # 1 Exhibit Medical records from NYP/Columbia Medical Center, # 2 Exhibit Redacted arrest report, # 3 Exhibit White paper concerning side effects of pain medications)(Taylor, Zachary)
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Request |
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| 467 |
Filed: 7/24/2017, Entered: 7/24/2017 |
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MEMORANDUM in Support by E23B3FF re 466 FIRST MOTION to Suppress evidence concerning Mr. E23B3FF alleged post-arrest statements.. (Taylor, Zachary)
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Request |
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| 466 |
Filed: 7/24/2017, Entered: 7/24/2017 |
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FIRST MOTION to Suppress evidence concerning Mr. E23B3FF alleged post-arrest statements. Document filed by E23B3FF. (Taylor, Zachary)
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Request |
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| 465 |
Filed: 7/24/2017, Entered: 7/24/2017 |
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MEMORANDUM in Support by A920E56 re 462 MOTION to Suppress .. (Di Chiara, Gerald)
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Request |
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| 464 |
Filed: 7/24/2017, Entered: 7/24/2017 |
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AFFIDAVIT of A920E56 in Support as to A920E56 re 462 MOTION to Suppress .. (Di Chiara, Gerald)
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Request |
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| 463 |
Filed: 7/24/2017, Entered: 7/24/2017 |
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AFFIRMATION of Gerald J. Di Chiara in Support as to A920E56 re 462 MOTION to Suppress .. (Attachments: # 1 Exhibit A)(Di Chiara, Gerald)
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Request |
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| 462 |
Filed: 7/24/2017, Entered: 7/24/2017 |
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MOTION to Suppress . Document filed by A920E56. (Di Chiara, Gerald)
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Request |
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| 461 |
Filed: 7/21/2017, Entered: 7/21/2017 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Matthew Laroche dated July 21, 2017 re: Protective Order . Document filed by USA as to Jonathan Saez. (Attachments: # 1 Exhibit Proposed Protective Order)(Laroche, Matthew)
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Request |
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| |
Filed: 7/19/2017, Entered: 7/19/2017 |
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Set/Reset Deadlines/Hearings as to 2C49874. : Sentencing set for 9/7/2017 at 01:00 PM before Judge Katherine B. Forrest. (ft)
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| 460 |
Filed: 7/19/2017, Entered: 7/19/2017 |
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MEMO ENDORSEMENT Granting 459 LETTER MOTION as to 2C49874. (17). ENDORSEMENT: Application granted. Sentencing adjourned to 9/7/2017,at 1:00 p.m. SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/19/2017) (ft)
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Request |
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| 459 |
Filed: 7/18/2017, Entered: 7/18/2017 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Lawrence A. Dubin, Esq. dated July 18, 2017 re: sentencing submission . Document filed by 2C49874. (Dubin, Lawrence)
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Request |
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| 458 |
Filed: 7/13/2017, Entered: 7/13/2017 |
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NOTICE OF ATTORNEY APPEARANCE: Jenny Chenying Gu appearing for 69E5C18. Appearance Type: CJA Appointment. (Gu, Jenny)
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Request |
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| 457 |
Filed: 7/12/2017, Entered: 7/12/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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| 456 |
Filed: 7/10/2017, Entered: 7/10/2017 |
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Sentencing Letter by 455F059 addressed to Judge Katherine B. Forrest from Marion Baker dated June 26, 2017 re: Family Letter in support of Defendant's sentencing. (Quijano, Peter)
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Request |
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| 455 |
Filed: 7/10/2017, Entered: 7/10/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to E23B3FF, 5651BC6, A920E56. Notice is hereby given that an official transcript of a Conference proceeding held on 6/9/17 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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| 454 |
Filed: 7/10/2017, Entered: 7/10/2017 |
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TRANSCRIPT of Proceedings as to E23B3FF, 5651BC6, A920E56 re: Conference held on 6/9/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Andrew Walker, (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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| 453 |
Filed: 7/9/2017, Entered: 7/9/2017 |
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Sentencing Letter by 455F059 addressed to Judge Katherine B. Forrest from Domingo Sobres dated July 7, 2017 re: Exhibit: Family Letter in support of Defendant't Sentencing. (Quijano, Peter)
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Request |
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| 452 |
Filed: 7/7/2017, Entered: 7/7/2017 |
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SENTENCING SUBMISSION by USA as to 455F059. (Mark, Eli)
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Request |
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| 451 |
Filed: 7/3/2017, Entered: 7/7/2017 |
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MEMO ENDORSEMENT granting 449 Motion to Substitute Attorney. as to 69E5C18 (18). ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/3/2017) (ft)
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Request |
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| 450 |
Filed: 7/3/2017, Entered: 7/3/2017 |
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SENTENCING SUBMISSION by 455F059. (Quijano, Peter)
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Request |
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| 449 |
Filed: 6/29/2017, Entered: 6/29/2017 |
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MOTION to Substitute Attorney. Old Attorney: Andrew Ward, New Attorney: Jenny Gu . Document filed by 69E5C18. (Ward, Andrew)
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Request |
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| 448 |
Filed: 6/28/2017, Entered: 6/28/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 2C49874. Notice is hereby given that an official transcript of a Plea proceeding held on 5/25/17 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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| 447 |
Filed: 6/28/2017, Entered: 6/28/2017 |
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TRANSCRIPT of Proceedings as to 2C49874. re: Plea held on 5/25/17 before Judge Katherine B. Forrest. 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 7/19/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/26/2017. (McGuirk, Kelly)
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Request |
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| 446 |
Filed: 6/27/2017, Entered: 6/27/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to AB9599F. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/26/17 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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| 445 |
Filed: 6/27/2017, Entered: 6/27/2017 |
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TRANSCRIPT of Proceedings as to AB9599F re: Sentence held on 5/26/17 before Judge Katherine B. Forrest. 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 7/18/2017. Redacted Transcript Deadline set for 7/28/2017. Release of Transcript Restriction set for 9/25/2017. (McGuirk, Kelly)
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Request |
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| |
Filed: 6/14/2017, Entered: 6/14/2017 |
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Attorney update in case as to 5651BC6. Attorney Andre G. Travieso terminated (jw)
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| 444 |
Filed: 6/14/2017, Entered: 6/14/2017 |
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ORDER as to E23B3FF, 5651BC6, A920E56 (Motions due by 7/24/2017., Replies due by 8/14/2017., Responses due by 8/7/2017, Status Conference set for 9/15/2017 at 01:00 PM before Judge Katherine B. Forrest.) Time excluded from 6/9/17 until 11/6/17. It is hereby ORDERED as follows: Aaron Goldsmith is relieved as counsel for defendant 5651BC6, and Andre G. Travieso has been retained as counsel of record. Motions to suppress shall be filed not later than 7/24/2017. Responses shall be filed not later than 8/7/2017. Replies, if any, shall be filed not later than 8/14/2017. All other motions (other than suppression) shall be filed not later than 8/15/2017. Responses shall be filed not later than 8/29/2017. Replies, if any, shall be filed not later than 9/5/2017. The next status conference is scheduled for 9/15/2017, at 1:00 p.m. Trial shall commence on 11/6/2017. Upon application of the Government and consented to by defendants, and as set forth on the record, time pursuant to 18 U.S.C. 3161 (h)(7)(A) of the Speedy Trial Act, is hereby excluded from 6/9/2017 to 11/6/2017. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendants in a speedy trial. (Signed by Judge Katherine B. Forrest on 6/14/17)(jw)
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Request |
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| 443 |
Filed: 6/13/2017, Entered: 6/13/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 69E5C18. Notice is hereby given that an official transcript of a Plea proceeding held on 5/16/17 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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| 442 |
Filed: 6/13/2017, Entered: 6/13/2017 |
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TRANSCRIPT of Proceedings as to 69E5C18 re: Plea held on 5/16/17 before Judge Katherine B. Forrest. 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 7/5/2017. Redacted Transcript Deadline set for 7/14/2017. Release of Transcript Restriction set for 9/11/2017. (McGuirk, Kelly)
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Request |
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| |
Filed: 6/9/2017, Entered: 6/12/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Status Conference as to E23B3FF, 5651BC6, A920E56 held on 6/9/2017. Defendant E23B3FF present with atty Zachary Taylor. Defendant 5651BC6 present with attys Andre Travieso and Aaron Goldsmith. Defendant A920E56 or 2C49874 present with atty Gerald DiChiara. AUSAs Eli Mark and Matthew Laroche present. COurt Reporter present. Conference held. Order to follow. Detention continued for all defendants. (jp)
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| 441 |
Filed: 6/7/2017, Entered: 6/7/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Francisco Reyes. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/12/17 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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| 440 |
Filed: 6/7/2017, Entered: 6/7/2017 |
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TRANSCRIPT of Proceedings as to Francisco Reyes re: Sentence held on 5/12/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Tara Jones, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/28/2017. Redacted Transcript Deadline set for 7/10/2017. Release of Transcript Restriction set for 9/5/2017. (McGuirk, Kelly)
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Request |
|
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| 438 |
Filed: 6/5/2017, Entered: 6/5/2017 |
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|
ORDER as to E23B3FF (13), 5651BC6 (20), A920E56 (21). A status conference for the above defendants is scheduled for Friday, June 9, 2017, at 11:00 a.m. SO ORDERED: (Signed by Judge Katherine B. Forrest on 6/5/2017)(bw)
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Request |
|
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| 437 |
Filed: 6/5/2017, Entered: 6/5/2017 |
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|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Saez. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/5/17 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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| 436 |
Filed: 6/5/2017, Entered: 6/5/2017 |
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|
TRANSCRIPT of Proceedings as to Jonathan Saez re: Sentence held on 5/5/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/26/2017. Redacted Transcript Deadline set for 7/6/2017. Release of Transcript Restriction set for 9/5/2017. (McGuirk, Kelly)
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|
Request |
|
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| 435 |
Filed: 6/5/2017, Entered: 6/5/2017 |
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|
NOTICE OF ATTORNEY APPEARANCE: Andre G. Travieso appearing for 5651BC6. Appearance Type: Retained. (Travieso, Andre)
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Request |
|
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| 434 |
Filed: 6/5/2017, Entered: 6/5/2017 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 9270E3F. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/5/17 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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| 433 |
Filed: 6/5/2017, Entered: 6/5/2017 |
|
|
TRANSCRIPT of Proceedings as to 9270E3F re: Sentence held on 5/5/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/26/2017. Redacted Transcript Deadline set for 7/6/2017. Release of Transcript Restriction set for 9/5/2017. (McGuirk, Kelly)
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Request |
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| |
Filed: 6/5/2017, Entered: 6/5/2017 |
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to 5651BC6: Notice to Attorney Andre G. Travieso to RE-FILE Document 432 Notice of Attorney Appearance - Defendant. ERROR(S):Document has not been fully secured, item can be changed/altered in real time. (ka)
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| 432 |
Filed: 6/5/2017, Entered: 6/5/2017 |
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|
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF ATTORNEY APPEARANCE: Andre G. Travieso appearing for 5651BC6. Appearance Type: Retained. (Travieso, Andre) Modified on 6/5/2017 (ka).
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Request |
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| 431 |
Filed: 6/2/2017, Entered: 6/2/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to E23B3FF. Notice is hereby given that an official transcript of a Arraignment proceeding held on 5/4/17 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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| 430 |
Filed: 6/2/2017, Entered: 6/2/2017 |
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TRANSCRIPT of Proceedings as to E23B3FF re: Arraignment held on 5/4/17 before Judge Katherine B. Forrest. 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 6/23/2017. Redacted Transcript Deadline set for 7/3/2017. Release of Transcript Restriction set for 8/31/2017. (McGuirk, Kelly)
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Request |
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| 429 |
Filed: 6/1/2017, Entered: 6/1/2017 |
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JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 5/26/2017. Defendant AB9599F (11) pleaded guilty to Count(s) 1. Count(s) 2 is dismissed on the motion of the United States. IMPRISONMENT: Seventy Six (76) Months. The court makes the following recommendations to the Bureau of Prisons: Please see additional page. Additional Imprisonment Terms: -It is recommended that the Bureau of Prisons take special notice of the correct spelling of the defendant's last name. The defendant's name is spelled Gabriel Ocasio. A spelling error, not attributed to the defendant resulted in the incorrect spelling of the defendant's name as it appears on the indictment. -The defendant has a serious history of medical conditions. It is recommended that the defendant be evaluated and treated for any conditions he may have. -It is also recommended that the defendant be housed in FCI Fort Dix. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (See page 5 of Judgment). Additional Supervised Release Terms (See page 6 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 6/1/2017)(bw)
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Request |
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| 428 |
Filed: 6/1/2017, Entered: 6/1/2017 |
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TRANSCRIPT REQUEST FORM B Filed by Eladio Padilla for a Sentence proceeding held on 4/28/2017 before Judge Katherine B. Forrest Transcript due by 6/12/2017. (nd)
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Request |
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Filed: 5/26/2017, Entered: 6/1/2017 |
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DISMISSAL OF COUNTS on Government Motion as to AB9599F (11) Count 2. (bw)
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Filed: 5/26/2017, Entered: 5/26/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 5/26/2017 for AB9599F (11) Count 1. (jp)
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| 427 |
Filed: 5/25/2017, Entered: 5/25/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Eladio Padilla. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/28/17 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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| 426 |
Filed: 5/25/2017, Entered: 5/25/2017 |
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TRANSCRIPT of Proceedings as to Eladio Padilla re: Sentence held on 4/28/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/15/2017. Redacted Transcript Deadline set for 6/26/2017. Release of Transcript Restriction set for 8/23/2017. (McGuirk, Kelly)
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Request |
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Filed: 5/25/2017, Entered: 5/25/2017 |
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Order of Referral to Probation for Presentence Investigation and Report as to 2C49874. (jp)
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Filed: 5/25/2017, Entered: 5/25/2017 |
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Set/Reset Hearings as to 2C49874. : Sentencing set for 8/4/2017 at 12:00 PM before Judge Katherine B. Forrest. (jp)
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Filed: 5/25/2017, Entered: 5/25/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to 2C49874. held on 5/25/2017., Plea entered by 2C49874. (17) Guilty of Lesser Offense as to Count 1. Defendant present with attorney Lawrence Dubin. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offense contained in Count 1. Court accepts plea. Sentencing set for 8/4/2017, at 12:00 p.m. Sentencing submissions from the defendant are due not later than 7/25/2017. Government submissions due 8/1/2017. PSR Ordered. Detention continued. (jp)
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| 425 |
Filed: 5/25/2017, Entered: 5/25/2017 |
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MEMO ENDORSEMENT terminating 424 LETTER MOTION To request that the Court authorize an additional 10 hours of billing time for my associate Laura DiChiara as to A920E56..ENDORSEMENT...SO ORDERED. (Signed by Judge Katherine B. Forrest on 5/25/17) (jw)
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Request |
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| 424 |
Filed: 5/24/2017, Entered: 5/24/2017 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Gerald J. Di Chiara dated 5-24-17 re: Request additional associate billing time . Document filed by A920E56. (Di Chiara, Gerald)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 423 |
Filed: 5/23/2017, Entered: 5/23/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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| 422 |
Filed: 5/22/2017, Entered: 5/22/2017 |
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ORDER as to Luis Cruz. Upon application by the defendant and consented to by the Government, the sentencing for Mr. Cruz is adjourned to July 31, 2017, at 12:00 p.m. SO ORDERED. (Sentencing set for 7/31/2017 at 12:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 5/22/2017)(ft)
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Request |
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| 421 |
Filed: 5/22/2017, Entered: 5/22/2017 |
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ORDER as to Luis Cruz. IT IS HEREBY ORDERED, that Dr. Naftali G. Berrill is appointed as an Psychologist in the above captioned case. Dr. Berrill is appointed pursuant to the Criminal Justice Act and Title 18 United States Code §3006A(e)(1) and is to be compensated at the applicable rate of $250.00 per hour plus expenses reasonably incurred, for 15 hours of services. If additional hours of services are required, counsel for defendant LUIS CRUZ will make a supplemental application to this Court. IT IS HERBY FURTHER ORDERED, that the Federal Bureau of Prisons provide LUIS CRUZ with reasonable access to perform necessary interviews, testing and evaluations of LUIS CRUZ, 77647-054, while LUIS CRUZ is in the custody of the Federal Bureau of Prisons. SO ORDERED (Signed by Judge Katherine B. Forrest on 5/22/2017)(ft)
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Request |
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Filed: 5/22/2017, Entered: 5/22/2017 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Eladio Padilla re: 420 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp)
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Filed: 5/22/2017, Entered: 5/22/2017 |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Eladio Padilla to US Court of Appeals re: 420 Notice of Appeal - Final Judgment. (tp)
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| 419 |
Filed: 5/19/2017, Entered: 5/19/2017 |
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SENTENCING SUBMISSION by USA as to AB9599F. (Mark, Eli)
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Request |
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| 420 |
Filed: 5/16/2017, Entered: 5/22/2017 |
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NOTICE OF APPEAL by Eladio Padilla from 386 Judgment. (tp)
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Request |
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| 418 |
Filed: 5/16/2017, Entered: 5/16/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 9270E3F. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/5/17 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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| 417 |
Filed: 5/16/2017, Entered: 5/16/2017 |
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TRANSCRIPT of Proceedings as to 9270E3F re: Sentence held on 5/5/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2017. Redacted Transcript Deadline set for 6/16/2017. Release of Transcript Restriction set for 8/14/2017. (McGuirk, Kelly)
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Request |
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Filed: 5/16/2017, Entered: 5/16/2017 |
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Order of Referral to Probation for Presentence Investigation and Report as to 69E5C18. (jp)
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Filed: 5/16/2017, Entered: 5/16/2017 |
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Set/Reset Hearings as to 69E5C18: Sentencing set for 9/8/2017 at 02:00 PM before Judge Katherine B. Forrest. (jp)
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Filed: 5/16/2017, Entered: 5/16/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to 69E5C18 held on 5/16/2017., Plea entered by 69E5C18 (18) Guilty of Lesser Offense as to Count 1. Defendant present with attys Nicole Friedlander and Andrew Ward. AUSA Eli Mark present. Court reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offense contained in count 1. Court accepts plea. Sentencing set for 9/8/2017, at 2:00 p.m. Sentencing submissions from the defendant are due not later than 8/25/2017. Government submissions due not later than 9/1/2017. Remand continued. PSR Ordered. (jp)
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| 416 |
Filed: 5/16/2017, Entered: 5/16/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian McBeth. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/14/17 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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| 415 |
Filed: 5/16/2017, Entered: 5/16/2017 |
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TRANSCRIPT of Proceedings as to Brian McBeth re: Sentence held on 4/14/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Andrew Walker, (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 6/6/2017. Redacted Transcript Deadline set for 6/16/2017. Release of Transcript Restriction set for 8/14/2017. (McGuirk, Kelly)
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Request |
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| 414 |
Filed: 5/16/2017, Entered: 5/16/2017 |
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JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 5/12/2017. Defendant Francisco Reyes (8) pleaded guilty to Count(s) 1, 2. IMPRISONMENT: Thirty Three (33) Months on Count one, to be followed consecutively by Eighty Four (84) Months on Count two, for a total term of imprisonment of One Hundred and Seventeen (117) Months. Additional Imprisonment Terms: -It is strongly recommended that the defendant be given priority placement in an RDAP program, if qualified. If the defendant does not qualify, it is strongly recommended that the defendant be made available for any available drug treatment programs, as well as mental health counseling. -It is also recommended that the defendant be housed in a facility as close to New York City, as possible. -To the extent possible, it is recommended that the defendant be separated from any co-defendants in this case. SUPERVISED RELEASE: Three (3) years on count one to run concurrently with Five (5) years on count two. Standard Conditions of Supervision (See page 5 of Judgment). Additional Supervised Release Terms (See page 6 of Judgment). ASSESSMENT: $200.00, due immediately. (Signed by Judge Katherine B. Forrest on 5/16/2017)(bw)
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Request |
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Filed: 5/15/2017, Entered: 5/15/2017 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to 9270E3F re: 412 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd)
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| 413 |
Filed: 5/15/2017, Entered: 5/15/2017 |
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TRANSCRIPT REQUEST FORM B Filed by 9270E3F for a Sentence proceeding held on 5/4/2017 before Judge Katherine B. Forrest Transcript due by 5/25/2017. (nd)
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Request |
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Filed: 5/15/2017, Entered: 5/15/2017 |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to 9270E3F to US Court of Appeals re: 412 Notice of Appeal. (nd)
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| 412 |
Filed: 5/15/2017, Entered: 5/15/2017 |
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NOTICE OF APPEAL by 9270E3F from 396 Judgment. (nd)
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Request |
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Filed: 5/12/2017, Entered: 5/15/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 5/12/2017 for Francisco Reyes (8) Count 1,2. (jp)
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| 411 |
Filed: 5/12/2017, Entered: 5/12/2017 |
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Sentencing Letter by AB9599F addressed to Judge Katherine B. Forrest from Jill R. Shellow dated 05/12/2017 re: Sentencing. (Attachments: # 1 Exhibit Letters)(Shellow, Jill)
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Request |
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| 410 |
Filed: 5/12/2017, Entered: 5/12/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 2C49874. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/10/17 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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| 409 |
Filed: 5/12/2017, Entered: 5/12/2017 |
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TRANSCRIPT of Proceedings as to 2C49874 re: Sentence held on 3/10/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 6/2/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017. (McGuirk, Kelly)
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Request |
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| 408 |
Filed: 5/12/2017, Entered: 5/12/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to A920E56. Notice is hereby given that an official transcript of a Conference proceeding held on 4/3/17 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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| 407 |
Filed: 5/12/2017, Entered: 5/12/2017 |
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TRANSCRIPT of Proceedings as to A920E56 re: Conference held on 4/3/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017. (McGuirk, Kelly)
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Request |
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| 406 |
Filed: 5/12/2017, Entered: 5/12/2017 |
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TRANSCRIPT of Proceedings as to A920E56 re: Conference held on 4/3/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017. (McGuirk, Kelly)
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Request |
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Filed: 5/10/2017, Entered: 5/11/2017 |
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Set/Reset Deadlines/Hearings as to 455F059: Sentencing set for 7/14/2017 at 11:00 AM before Judge Katherine B. Forrest. (ft)
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| 405 |
Filed: 5/10/2017, Entered: 5/11/2017 |
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MEMO ENDORSEMENT granting 399 LETTER MOTION Adjournment of Setnencing as to 455F059 (19). Ordered: Based on the particularized need here, the Court grants the request. Sentencing is adjourned to 7/14/17 at 11 am. (Signed by Judge Katherine B. Forrest on 5/10/2017) (ft)
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Request |
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| 404 |
Filed: 5/10/2017, Entered: 5/10/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 455F059. Notice is hereby given that an official transcript of a Plea proceeding held on 3/13/17 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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| 403 |
Filed: 5/10/2017, Entered: 5/10/2017 |
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TRANSCRIPT of Proceedings as to 455F059 re: Plea held on 3/13/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/31/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/8/2017. (McGuirk, Kelly)
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Request |
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| 402 |
Filed: 5/10/2017, Entered: 5/10/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ralphie DeJesus. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/10/17 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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| 401 |
Filed: 5/10/2017, Entered: 5/10/2017 |
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TRANSCRIPT of Proceedings as to Ralphie DeJesus re: Sentence held on 3/10/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/31/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/8/2017. (McGuirk, Kelly)
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Request |
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| 400 |
Filed: 5/10/2017, Entered: 5/10/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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| 399 |
Filed: 5/9/2017, Entered: 5/9/2017 |
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FIRST LETTER MOTION addressed to Judge Katherine B. Forrest from Peter Quijano dated May 9, 2017 re: Adjournment of Sentencing . Document filed by 455F059. (Quijano, Peter)
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Request |
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| 397 |
Filed: 5/8/2017, Entered: 5/8/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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| 396 |
Filed: 5/8/2017, Entered: 5/8/2017 |
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JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 5/5/2017. Defendant 9270E3F (2) pleaded guilty to Count(s) 1, 2. Count(s) Open are dismissed on the motion of the United States. IMPRISONMENT: Ninety-Two (92) Months on Count one, to be followed consecutively by Eighty-Eight (88) Months on Count two for a total term of imprisonment of One Hundred and Eighty (180) Months. The court makes the following recommendations to the Bureau of Prisons: In light of several co-defendants being housed in the New York City area, it is strongly recommended that the defendant not be housed in the New York City area. The defendant should be housed away from his co-defendants or he will perpetrate his gang/drug leadership role. SUPERVISED RELEASE: Three (3) Years on count one to run concurrently with Five (5) Years on count two. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). ASSESSMENT: $200.00, due immediately. (Signed by Judge Katherine B. Forrest on 5/5/2017)(bw)
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Request |
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| 395 |
Filed: 5/8/2017, Entered: 5/8/2017 |
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ORDER as to (16-Cr-317-13) E23B3FF. Pursuant to a proceeding with the Court on 5/4/2017, it is hereby ORDERED as follows: -All remaining discovery shall be produced not later than 5/8/2017. -The next status conference is scheduled for 6/9/2017 at 11:00 a.m. At that conference the parties shall be prepared to discuss any potential motions which may be brought as well as a schedule for going forward, including trial. -As consented to by defendant, and as set forth on the record, time pursuant to 18 U.S.C. 3161 (h)(7)(A) of the Speedy Trial Act, is hereby excluded from 5/4/2017 to 6/9/2017. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendant in a speedy trial. SO ORDERED: (Signed by Judge Katherine B. Forrest on 5/8/2015)(bw)
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Request |
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Filed: 5/5/2017, Entered: 5/15/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest: Sentencing held on 5/5/2017 for 9270E3F (2) Count 1,2. (bw)
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| 394 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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SENTENCING SUBMISSION by USA as to Francisco Reyes. (Mark, Eli)
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Request |
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| 393 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Frank O'Byrant. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/13/17 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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| 392 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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TRANSCRIPT of Proceedings as to Frank O'Byrant re: Sentence held on 4/13/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/3/2017. (McGuirk, Kelly)
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Request |
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| 391 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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Sentencing Letter by 9270E3F addressed to Katherine B. Forrest from Donald Yannella dated 5/5/2017 re: letter from 9270E3F to Your Honor. (Yannella, Donald)
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Request |
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Filed: 5/4/2017, Entered: 5/5/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to E23B3FF (13) Count E23B3FF (13) Count 1,2 held on 5/4/2017., Plea entered by E23B3FF (13) Count E23B3FF (13) Count 1,2 Not Guilty. Defendant present with attorney Zachary Taylor. AUSA Matthew Laroche present. Court Reporter present. Defendant arraigned on the indictment and enters a plea of not guilty to all counts. Order to follow. Detention continued. (jp)
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| 389 |
Filed: 5/4/2017, Entered: 5/4/2017 |
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SENTENCING SUBMISSION by USA as to 9270E3F. (Laroche, Matthew)
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Request |
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| 386 |
Filed: 5/2/2017, Entered: 5/2/2017 |
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JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 4/28/2017. Defendant Eladio Padilla (4) pleaded guilty to Count(s) 1, 2. IMPRISONMENT: Forty-Eight (48) Months on count 1 to run consecutively with Eighty-Four (84) Months on count 2, for a total term of imprisonment of One Hundred and Thirty Two (132) Months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. It is also recommended that the defendant be permitted to participate in any drug treatment programs for which he may qualify. SUPERVISED RELEASE: Three (3) Years on each count to run concurrently. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). ASSESSMENT: $200.00, due immediately. (Signed by Judge Katherine B. Forrest on 5/1/2017)(bw)
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Request |
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| 385 |
Filed: 5/1/2017, Entered: 5/1/2017 |
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SENTENCING SUBMISSION by USA as to Jonathan Saez. (Laroche, Matthew)
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Request |
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| 384 |
Filed: 5/1/2017, Entered: 5/1/2017 |
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SENTENCING SUBMISSION by USA as to 9270E3F. (Laroche, Matthew)
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Request |
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Filed: 4/28/2017, Entered: 5/1/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 4/28/2017 for Eladio Padilla (4) Count 1,2. (jp)
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| 383 |
Filed: 4/28/2017, Entered: 4/28/2017 |
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Sentencing Letter by 9270E3F as to Demetrius Flowers, 9270E3F, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, AB9599F, 6659E04, E23B3FF, Saquran Curtis, Christopher Napoleonis, 2C498744, 69E5C18, 455F059, 5651BC6, A920E56 addressed to Katherine B. Forrest from Donald Yannella, Esq. dated 4/28/2017. (Yannella, Donald)
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Request |
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| 382 |
Filed: 4/27/2017, Entered: 4/27/2017 |
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MEMO ENDORSEMENT granting 379 LETTER MOTION as to 2C49874 (16). ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 4/27/2017) (ft)
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Request |
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| 381 |
Filed: 4/27/2017, Entered: 4/27/2017 |
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MEMO ENDORSEMENT granting 380 LETTER MOTION as to 9270E3F (2), Jonathan Saez (6). ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 4/27/2017) (ft)
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Request |
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| 380 |
Filed: 4/26/2017, Entered: 4/26/2017 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Matthew Laroche dated April 26, 2017 re: Sentencing Submission Deadline . Document filed by USA as to 9270E3F, Jonathan Saez. (Laroche, Matthew)
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Request |
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| 379 |
Filed: 4/26/2017, Entered: 4/26/2017 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Jonathan Bach dated April 7, 2017 re: requesting to be removed from receiving any further ECF notices . Document filed by 2C49874. (Bach, Jonathan)
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Request |
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| 378 |
Filed: 4/26/2017, Entered: 4/26/2017 |
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SENTENCING SUBMISSION by Eladio Padilla. (Attachments: # 1 Exhibit Family Character Letters, # 2 Exhibit Character Letters, # 3 Exhibit Character Letters, # 4 Exhibit Character Letters)(Nkrumah, Kafahni)
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Request |
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| 377 |
Filed: 4/25/2017, Entered: 4/25/2017 |
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Arrest Warrant Returned Executed on 4/17/2017 as to E23B3FF (13). (bw)
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| 376 |
Filed: 4/21/2017, Entered: 4/21/2017 |
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SENTENCING SUBMISSION by USA as to Eladio Padilla. (Mark, Eli)
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Request |
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| 375 |
Filed: 4/21/2017, Entered: 4/21/2017 |
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MEMO ENDORSEMENT denying 372 LETTER MOTION filed by 9270E3F (2), addressed to Judge Katherine B. Forrest from Attorney Donald J. Yannella dated April 20, 2017 re: thirty day adjournment of sentence. ENDORSEMENT: Denied. See P.13 of the transcript of 2/6/17 (Lines 21 - 25). You can get the submission in anytime up to April 28, 2017. (Signed by Judge Katherine B. Forrest on 4/21/2017) (bw)
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Request |
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| 374 |
Filed: 4/21/2017, Entered: 4/21/2017 |
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SENTENCING SUBMISSION by Jonathan Saez. (Attachments: # 1 Exhibit 1-20)(Stein, Mark)
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Request |
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| 373 |
Filed: 4/21/2017, Entered: 4/21/2017 |
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MEMO ENDORSEMENT denying 361 LETTER MOTION filed by Eladio Padilla (4), addressed to Judge Katherine B. Forrest from defendant Eladio Padilla, by Attorney Kafahni Nkrumah, dated April 17, 2017 re: Adjournment of Sentencing Hearing. ENDORSEMENT: Denied. See page 31 of the transcript of 2/15/17. Prepare your submission and submit it not later than 2/26/17. (Signed by Judge Katherine B. Forrest on 4/21/2017) (bw)
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Request |
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| 372 |
Filed: 4/20/2017, Entered: 4/20/2017 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Donald Yannella dated April 20, 2017 re: thirty day adjournment of sentence . Document filed by 9270E3F. (Yannella, Donald)
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Request |
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| 371 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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NOTICE OF ATTORNEY APPEARANCE: Zachary Stewart Taylor appearing for E23B3FF. Appearance Type: CJA Appointment. (Taylor, Zachary)
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Request |
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| 369 |
Filed: 4/18/2017, Entered: 4/18/2017 |
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MEDICAL ATTENTION FORM: as to (16-Cr-317-13) E23B3FF. 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 Debra C. Freeman on 4/18/2017) (bw)
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| 368 |
Filed: 4/18/2017, Entered: 4/18/2017 |
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Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Initial Appearance as to (16-Cr-317-13) E23B3FF held on 4/18/2017. Date of Arrest: 4/17/2017. AUSA Jason Richmond. Defense Counsel Zachary Taylor (CJA). Defendant waives pretrial report. Proceeding: Rule 9. BAIL DISPOSITION: Detention on consent without prejudice. (bw)
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Request |
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| |
Filed: 4/18/2017, Entered: 4/18/2017 |
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Attorney update in case as to E23B3FF (13). Attorney Zachary Stewart Taylor for E23B3FF added. (bw)
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| 367 |
Filed: 4/18/2017, Entered: 4/18/2017 |
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CJA 23 Financial Affidavit by (16-Cr-317-13) E23B3FF. APPROVED: (Signed by Magistrate Judge Debra C. Freeman on 4/18/2017); Attorney Zachary Taylor. (bw)
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| 366 |
Filed: 4/18/2017, Entered: 4/18/2017 |
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JUDGMENT as to Brian McBeth (7), Count(s) 1, Imprisonment: Fifty-Seven (57) Months on Count One, to be followed by Sixty (60) Months on Count Two to be served consecutively, for a total term of imprisonment of One Hundred and Seventeen (117) Months. Supervised Release: Five years on both counts to run concurrently.; Count(s) 2, Imprisonment: Fifty-Seven (57) Months on Count One, to be followed by Sixty (60) Months on Count Two to be served consecutively, for a total term of imprisonment of One Hundred and Seventeen (117) Months. Supervised Release: Five years on both counts to run concurrently. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. It is also recommended that the defendant be evaluated for any drug or alcohol program for which he may qualify. The defendant shall refrain from unlawful use of a controlled substance; the probation office may test the defendant randomly or on a scheduled basis to ensure compliance with this term.The defendant must comply with all directives of the probation office regarding any drug testing by the probation office or any associated programs.The Probation Department is to inform the court if the defendant fails any drug test. The defendant shall submit his person, residence, place of business, vehicle, or any 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 the release may be found. This search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be grounds for revocation. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition.The defendant must seek and maintain full-time employment. The defendant is to provide the Probation Department access to any and all requested financial information. The defendant shall pay the special assessment fee of $200 as a lump sum payment due immediately. (Signed by Judge Katherine B. Forrest on 4/18/2017)(ft)
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Request |
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| 365 |
Filed: 4/18/2017, Entered: 4/18/2017 |
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JUDGMENT as to Frank O'Byrant (3), Count(s) 1, Imprisonment: Sixty (60) Months on Count One, to be followed by Sixty (60) months on Count Two to be served consecutively, for a total term of imprisonment of One Hundred and Twenty (120) Months. Supervised Release: Five (5) Years on both counts to run concurrently.; Count(s) 2, Imprisonment: Sixty (60) Months on Count One, to be followed by Sixty (60) months on Count Two to be served consecutively, for a total term of imprisonment of One Hundred and Twenty (120) Months. Supervised Release: Five (5) Years on both counts to run concurrently. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. The defendant shall refrain from unlawful use of a controlled substance; the probation office may test the defendant randomly or on a scheduled basis to ensure compliance with this term. The defendant must comply with all directives of the probation office regarding any drug testing by the probation office or any associated programs. The Probation Department shall notify the Court immediately of any failed drug test. The defendant must participate in a program approved by the probation department for both drug and alcohol abuse, which may include testing to determine whether the defendant has been using drugs. The offender will be required to contribute to costs of services rendered in an amount to be determined by the probation officer, based on ability to pay or availability of third-party payment. The defendant shall submit his person, residence, place of business, vehicle, or any 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 the release may be found. This search must be conducted at a reasonable time and in a reasonable manner.Failure to submit to a search may be grounds for revocation. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. The defendant is to provide the Probation Department access to any and all requested financial information. The defendant shall pay the special assessment fee of $200 as a lump sum payment due immediately. (Signed by Judge Katherine B. Forrest on 4/18/2017)(ft)
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Request |
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| 364 |
Filed: 4/18/2017, Entered: 4/18/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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| |
Filed: 4/17/2017, Entered: 4/18/2017 |
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Arrest of E23B3FF (13). [*** NOTE: Refer to Disposition Sheet for Rule 9 Proceeding held on 4/18/2017. ***] (bw)
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| 362 |
Filed: 4/17/2017, Entered: 4/17/2017 |
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MEMO ENDORSEMENT granting 360 MOTION to Amend/Correct, filed by Frank O'Byrant (3) re: At today's sentencing procedure, I neglected to request the Court recommend to the Bureau of Prisons that Mr. O'Byrant be housed in close proximity to N.Y.C. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 4/17/2017) (bw)
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Request |
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| 361 |
Filed: 4/17/2017, Entered: 4/17/2017 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Eladio Padilla dated April 17, 2017 re: Adjournment of Sentencing Hearing . Document filed by Eladio Padilla. (Nkrumah, Kafahni)
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Request |
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| |
Filed: 4/14/2017, Entered: 4/17/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 4/14/2017 for Brian McBeth (7) Count 1,2. (jp)
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| |
Filed: 4/13/2017, Entered: 4/17/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 4/13/2017 for Frank O'Byrant (3) Count 1,2. (jp)
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| 360 |
Filed: 4/13/2017, Entered: 4/13/2017 |
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MOTION to Amend/Correct. Document filed by Frank O'Byrant. (Sharkey, Kelley)
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Request |
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| 359 |
Filed: 4/12/2017, Entered: 4/12/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Quinzell Frazier. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/17/17 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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| 358 |
Filed: 4/12/2017, Entered: 4/12/2017 |
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TRANSCRIPT of Proceedings as to Quinzell Frazier re: Sentence held on 3/17/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/3/2017. Redacted Transcript Deadline set for 5/15/2017. Release of Transcript Restriction set for 7/11/2017. (McGuirk, Kelly)
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Request |
|
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| 357 |
Filed: 4/11/2017, Entered: 4/11/2017 |
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ENDORSED LETTER as to Francisco Reyes addressed to Judge Katherine B. Forrest from Frank Handelman dated 4/5/17 re: Reschedule Sentencing.....ENDORSEMENT: SO ORDERED ( Sentencing set for 5/12/2017 at 03:00 PM before Judge Katherine B. Forrest) (Signed by Judge Katherine B. Forrest on 4/10/17)(jw)
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Request |
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| 356 |
Filed: 4/11/2017, Entered: 4/11/2017 |
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SENTENCING SUBMISSION by Frank O'Byrant. (Attachments: # 1 Letter in Support, # 2 Letter in Support, # 3 Letter in Support)(Sharkey, Kelley)
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Request |
|
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| 354 |
Filed: 4/7/2017, Entered: 4/7/2017 |
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SENTENCING SUBMISSION by USA as to Frank O'Byrant. (Mark, Eli)
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Request |
|
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| 353 |
Filed: 4/7/2017, Entered: 4/7/2017 |
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Sentencing Letter by Brian McBeth addressed to Judge Katherine B. Forrest from Guy Oksenhendler, Esq. dated April 7, 2017 re: Family Sentencing Letters. (Attachments: # 1 Exhibit Andre Clark Letter, # 2 Exhibit Antonio Hendrickson Letter, # 3 Exhibit Destiney Harrison Letter, # 4 Exhibit Emil Moore Letter, # 5 Exhibit Emily Moore Letter, # 6 Exhibit Iris Colom Letter, # 7 Exhibit Jessica Borges Letter, # 8 Exhibit Rhodesia Wade Letter, # 9 Exhibit Sara Miller Letter, # 10 Exhibit Seanette Gwin Letter, # 11 Exhibit Skyla McBeth Letter, # 12 Exhibit Tatiana Rodriguez)(Oksenhendler, Guy)
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Request |
|
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| 352 |
Filed: 4/7/2017, Entered: 4/7/2017 |
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SENTENCING SUBMISSION by Brian McBeth. (Oksenhendler, Guy)
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Request |
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| 351 |
Filed: 4/6/2017, Entered: 4/6/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Saquran Curtis. Notice is hereby given that an official transcript of a Conference proceeding held on 3/8/17 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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| 350 |
Filed: 4/6/2017, Entered: 4/6/2017 |
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TRANSCRIPT of Proceedings as to Saquran Curtis re: Conference held on 3/8/17 before Judge Katherine B. Forrest. 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 4/27/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/5/2017. (McGuirk, Kelly)
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Request |
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| 348 |
Filed: 4/6/2017, Entered: 4/6/2017 |
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SEALED DOCUMENT placed in vault. (mps)
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| 347 |
Filed: 4/5/2017, Entered: 4/5/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Saquran Curtis. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/3/17 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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| 346 |
Filed: 4/5/2017, Entered: 4/5/2017 |
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TRANSCRIPT of Proceedings as to Saquran Curtis re: Sentence held on 3/3/17 before Judge Katherine B. Forrest. 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 4/26/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/5/2017. (McGuirk, Kelly)
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Request |
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| 345 |
Filed: 4/4/2017, Entered: 4/4/2017 |
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ORDER as to A920E56. The Government shall complete the production of discovery not later than 4/17/2017. The next status conference is scheduled for 6/9/2017 at 11:00 a.m. At that time, counsel should be prepared to discuss any motions which may be brought as well as a trial schedule. Upon application of the Government and consented to by defendant, and as set forth on the record, time pursuant to 18 U.S.C. 3161 (h)(7)(A) of the Speedy Trial Act, is hereby excluded from 4/3/2017 to 6/9/2017. The Court finds the ends of justice are served by such an exclusion and that these ends outweigh the interests of the public and defendant in a speedy trial. SO ORDERED. (Discovery due by 4/17/2017, Status Conference set for 6/9/2017 at 11:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 4/4/2017)(ft)
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Request |
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Filed: 4/3/2017, Entered: 4/3/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment as to A920E56 (21) Count A920E56 (21) Count 1,2,3 held on 4/3/2017., Plea entered by A920E56 (21) Count A920E56 (21) Count 1,2,3 Not Guilty. Defendant present with attorney Gerald Di Chiara. AUSA Matthew Laroche present. Court Reporter present. Defendant arraigned on the Indictment and enters a plea of not guilty to all counts. Order to follow. Detention continued. (jp)
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| 344 |
Filed: 4/3/2017, Entered: 4/3/2017 |
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NOTICE OF ATTORNEY APPEARANCE: Gerald J Di Chiara appearing for A920E56. Appearance Type: CJA Appointment. (Di Chiara, Gerald)
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Request |
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| 343 |
Filed: 4/3/2017, Entered: 4/3/2017 |
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Sentencing Letter by Frank O'Byrant addressed to Hon. Katherine B. Forrest from Kelley Sharkey dated April 3, 2017 re: sentencing. (Sharkey, Kelley)
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Request |
|
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| 342 |
Filed: 3/31/2017, Entered: 3/31/2017 |
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SENTENCING SUBMISSION by USA as to Brian McBeth. (Mark, Eli)
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Request |
|
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| 341 |
Filed: 3/31/2017, Entered: 3/31/2017 |
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ENDORSED LETTER as to (16-Cr-317-09) Luis Cruz addressed to Judge Katherine B. Forrest from Attorney Karloff C. Commissiong dated March 25, 2017 re: submitted to request appointment of Mitigation Specialist regarding Psycho-Social Analysis of Luis Cruz. ENDORSEMENT: Denied. The instant situation, as defendant, presents unfortunate but not unusual circumstances. The sentencing submission is primarily the responsibility of counsel. The Court does not perceive a need for a "mitigation specialist" apart from experienced counsel here. (Signed by Judge Katherine B. Forrest on 3/31/2017)(bw)
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Request |
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| |
Filed: 3/31/2017, Entered: 3/31/2017 |
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to A920E56: Notice to Attorney Gerald J Di Chiara to RE-FILE Document 340 Notice of Attorney Appearance - Defendant. ERROR(S): Attorney signature missing from document. (ka)
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| 340 |
Filed: 3/30/2017, Entered: 3/30/2017 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - NOTICE OF ATTORNEY APPEARANCE: Gerald J Di Chiara appearing for A920E56. Appearance Type: CJA Appointment. (Di Chiara, Gerald) Modified on 3/31/2017 (ka).
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Request |
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| |
Filed: 3/28/2017, Entered: 3/29/2017 |
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Attorney update in case as to A920E56. Attorney Gerald Dichiara for A920E56 added. (jw)
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|
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| 338 |
Filed: 3/28/2017, Entered: 3/29/2017 |
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|
CJA 23 Financial Affidavit by A920E56. (Signed by Judge Magistrate Judge James C. Francis) Attorney Gerald J. DiChiara (jw)
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| |
Filed: 3/28/2017, Entered: 3/29/2017 |
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Set/Reset Deadlines/Hearings as to A920E56: Pretrial Conference set for 3/31/2017 at 01:30 PM before Judge Katherine B. Forrest (jw)
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| 337 |
Filed: 3/28/2017, Entered: 3/29/2017 |
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|
Minute Entry for proceedings held before Magistrate Judge James C. Francis:Initial Appearance on disposition sheet as to A920E56 held on 3/28/2017. Deft present with atty Gerald DiChiara. AUSA Matthew Laroche present. Detention on consent without prejudice. Next conference set before District Judge on 3/31/17 at 1:30pm. (jw)
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Request |
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| 335 |
Filed: 3/28/2017, Entered: 3/28/2017 |
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|
S(8) INDICTMENT FILED as to A920E56 (21) count(s) 1, 2, 3. (jm)(Filed under seal on 3/21/17
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| 334 |
Filed: 3/28/2017, Entered: 3/28/2017 |
|
|
ORDER as to Kashim Wilsonunsealing the S(8) superseding indictment.. (Signed by Magistrate Judge James C. Francis on 3/28/17)(jm)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 333 |
Filed: 3/27/2017, Entered: 3/27/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Napoleonis. Notice is hereby given that an official transcript of a Sentence proceeding held on 2/24/17 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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| 332 |
Filed: 3/27/2017, Entered: 3/27/2017 |
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|
TRANSCRIPT of Proceedings as to Christopher Napoleonis re: Sentence held on 2/24/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (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 4/17/2017. Redacted Transcript Deadline set for 4/27/2017. Release of Transcript Restriction set for 6/26/2017. (McGuirk, Kelly)
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Request |
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| 331 |
Filed: 3/23/2017, Entered: 3/23/2017 |
|
|
SEALED DOCUMENT placed in vault. (mps)
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| 330 |
Filed: 3/23/2017, Entered: 3/23/2017 |
|
|
SEALED DOCUMENT placed in vault. (mps)
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| 329 |
Filed: 3/20/2017, Entered: 3/20/2017 |
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JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 3/17/2017. Defendant Quinzell Frazier (5) pleaded guilty to Count(s) 1. Count(s) Open and Underlying are dismissed on the motion of the United States. IMPRISONMENT: Forty-Six (46) Months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 3/20/2017)(bw)
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Request |
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Filed: 3/17/2017, Entered: 3/20/2017 |
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DISMISSAL OF COUNTS on Government Motion as to Quinzell Frazier (5) Count 2. (bw)
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Filed: 3/17/2017, Entered: 3/17/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 3/17/2017 for Quinzell Frazier (5) Count 1. (jp)
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| 328 |
Filed: 3/15/2017, Entered: 3/15/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Luis Cruz. Notice is hereby given that an official transcript of a Plea proceeding held on 2/15/17 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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| 327 |
Filed: 3/15/2017, Entered: 3/15/2017 |
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TRANSCRIPT of Proceedings as to Luis Cruz re: Plea held on 2/15/17 before Judge Katherine B. Forrest. 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 4/5/2017. Redacted Transcript Deadline set for 4/17/2017. Release of Transcript Restriction set for 6/13/2017. (McGuirk, Kelly)
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Request |
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| 326 |
Filed: 3/15/2017, Entered: 3/15/2017 |
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JUDGMENT In A Criminal Case. Defendant 2C49874 (16) pleaded guilty to Count(s) 1. IMPRISONMENT: Forty-Eight (48) Months. The court makes the following recommendations to the Bureau of Prisons: Notwithstanding the circumstances surrounding the offense, it is strongly recommended that the defendant be given consideration for priority placement in an RDAP program in a facility, as close to New York City, as possible. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 3/13/2017)(bw) (Main Document 326 replaced on 3/17/2017) (jp).
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Request |
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| 325 |
Filed: 3/15/2017, Entered: 3/15/2017 |
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JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 3/10/2017. Defendant Ralphie DeJesus (10) pleaded guilty to Count(s) 1. Count(s) 2 is dismissed on the motion of the United States. IMPRISONMENT: Seventy (70) Months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be assessed for qualification for drug treatment. It is also recommended that the defendant be housed in a facility as close to New York City, as possible. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 3/13/2017)(bw)
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Request |
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Filed: 3/13/2017, Entered: 3/15/2017 |
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Order of Referral to Probation for Presentence Investigation and Report as to 455F059. (jm)
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Filed: 3/13/2017, Entered: 3/15/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest: Waiver of Indictment is signed. Deft. is present with attorney Peter Quijano; AUSA Mark is also present. Arraignment as to 455F059 (19) Count 1s held on 3/13/2017. Plea entered by 455F059 (19) Guilty as to Count 1s., as to 455F059. The Court accepts the plea. PSR ordered. Detention continued. ( Defense submissions due by 6/9/2017., Government submissions due by 6/16/2017., Sentencing set for 6/23/2017 at 12:00 PM before Judge Katherine B. Forrest.) (Court Reporter PRESENT) (jm)
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| 324 |
Filed: 3/13/2017, Entered: 3/15/2017 |
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WAIVER OF INDICTMENT by 455F059. (jm)
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Request |
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| 323 |
Filed: 3/13/2017, Entered: 3/15/2017 |
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(S6) SUPERSEDING INFORMATION (Felony) filed as to 455F059 (19) count(s) 1s. (jm)
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Request |
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Filed: 3/10/2017, Entered: 3/15/2017 |
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DISMISSAL OF COUNTS on Government Motion as to Ralphie DeJesus (10) Count 2. (bw)
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Filed: 3/10/2017, Entered: 3/13/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 3/10/2017 for Ralphie DeJesus (10) Count 1. (jp)
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Filed: 3/10/2017, Entered: 3/13/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 3/10/2017 for 2C49874 (16) Count 1. (jp)
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| 320 |
Filed: 3/10/2017, Entered: 3/10/2017 |
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SENTENCING SUBMISSION by USA as to Quinzell Frazier. (Mark, Eli)
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Request |
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| 319 |
Filed: 3/9/2017, Entered: 3/9/2017 |
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JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 3/8/2017. Defendant Saquran Curtis (14) pleaded guilty to Count(s) 1. IMPRISONMENT: Sixty (60) Months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to NYC, as possible. SUPERVISED RELEASE: Four (4) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. (Signed by Judge Katherine B. Forrest on 3/9/2017)(bw)
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Request |
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| 318 |
Filed: 3/9/2017, Entered: 3/9/2017 |
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ORDER as to (16-Cr-317-10) Ralphie DeJesus. Page 26 of the PSR notes several objections by the defendant. The parties should be prepared to bring whatever evidence they have to support any of these statements or denials to the sentencing. In addition, the Court requests that the Government inform the Court as to whether it has any information that indicates that Mr. Dejesus had "any contact" with defendants Flowers, 9270E3F, Napoleonis, 2C49874 or A920E56, McBeth, or O'Bryant prior to his arrest. In particular, the Court would like to know if there are any wire taps between the defendant and any of these individuals or surveillance tapes. In light of the defendant's denial of any association with a gang, the Court would like to understand the meaning of the tattoo across his fingers. SO ORDERED: (Signed by Judge Katherine B. Forrest on 3/9/2017)(bw)
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Request |
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Filed: 3/8/2017, Entered: 3/9/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 3/8/2017 for Saquran Curtis (14) Count 1. (jp)
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| 317 |
Filed: 3/8/2017, Entered: 3/8/2017 |
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SENTENCING SUBMISSION by Quinzell Frazier. (Lee, Winston)
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Request |
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| 316 |
Filed: 3/7/2017, Entered: 3/7/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Napoleonis. Notice is hereby given that an official transcript of a Sentence proceeding held on 2/24/17 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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| 315 |
Filed: 3/7/2017, Entered: 3/7/2017 |
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TRANSCRIPT of Proceedings as to Christopher Napoleonis re: Sentence held on 2/24/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (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 3/28/2017. Redacted Transcript Deadline set for 4/7/2017. Release of Transcript Restriction set for 6/5/2017. (McGuirk, Kelly)
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Request |
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| 312 |
Filed: 3/3/2017, Entered: 3/3/2017 |
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SENTENCING SUBMISSION by USA as to Ralphie DeJesus. (Laroche, Matthew)
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Request |
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| 311 |
Filed: 3/3/2017, Entered: 3/3/2017 |
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SENTENCING SUBMISSION by USA as to 2C49874. (Laroche, Matthew)
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Request |
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| 310 |
Filed: 3/3/2017, Entered: 3/3/2017 |
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SENTENCING SUBMISSION by Quinzell Frazier. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2)(Lee, Winston)
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Request |
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| 309 |
Filed: 3/3/2017, Entered: 3/3/2017 |
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SENTENCING SUBMISSION by Saquran Curtis. (Kirton, Marlon)
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Request |
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| 308 |
Filed: 3/2/2017, Entered: 3/2/2017 |
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SENTENCING SUBMISSION by Saquran Curtis. (Attachments: # 1 Exhibit Letters from friends and family)(Kirton, Marlon)
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Request |
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| 307 |
Filed: 3/2/2017, Entered: 3/2/2017 |
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LETTER by USA as to Saquran Curtis addressed to Judge Katherine B. Forrest from Eli J. Mark dated March 2, 2017 re: Defendant Saquran Curtis Sentencing Document filed by USA. (Mark, Eli)
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Request |
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| 305 |
Filed: 2/28/2017, Entered: 2/28/2017 |
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ENDORSED LETTER as to (16-Cr-317-08) Francisco Reyes addressed to Judge Katherine B. Forrest from Attorney Frank Handelman dated February 27, 2017 re: I am writing to request permission to share the discovery material in this case with Alexander S. Bardey, MD, whose work in evaluating Mr. Reyes you approved earlier. Dr. Bardey has now met with Mr. Reyes and is preparing his report. As part of his evaluation, he has requested access to the discovery material as to Mr. Reyes, which is protected by the Order of June 6, 2016. I have spoken to AUSA Mark, and he has no objection to this request. Mr. Reyes has also given his consent to having this material made available. Accordingly, it is respectfully requested that I be allowed to share the discovery material with Dr. Bardey and with Sarah Ariles, M.A., of his office, who is assisting with the evaluation. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 2/28/2017)(bw)
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Request |
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| 304 |
Filed: 2/27/2017, Entered: 2/27/2017 |
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JUDGMENT as to Christopher Napoleonis (15), Count(s) 1, Imprisonment: Sixty (60) Months. Supervised Release: Three (3) Years. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. It is also recommended that the defendant be evaluated for eligibility and placement in an RDAP program. The drug testing condition is suspended due to the condition of ongoing drug treatment which will include drug testing. The defendant must participate in a program approved by the probation department for both substance abuse, as well as mental health which may include testing to determine whether the defendant has been using drugs. The offender will be required to contribute to costs of services rendered in an amount to be determined by the probation officer, based on ability to pay or availability of third-party payment. If the defendant's income falls below the poverty line, he shall not be required to contribute. The defendant shall submit his person, residence, place of business, vehicle, computer, or any 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 the release may be found. This search must be conducted at a reasonable time and in a reasonablemanner. Failure to submit to a search may be grounds for revocation. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. The defendant is to provide the Probation Department access to any and all requested financial information. The defendant shall be supervised by the district of residence. The defendant shall pay the special assessment fee of $100 as a lump sum payment due immediately. (Signed by Judge Katherine B. Forrest on 2/24/2017)(ft)
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Request |
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| 302 |
Filed: 2/27/2017, Entered: 2/27/2017 |
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JUDGMENT as to 6659E04 (12), Count(s) 1, Imprisonment: Sixty (60) Months. Supervised Release: Three (3) Years; Count(s) 2, Dismissed. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in a facility as close to New York City, as possible. It is also recommended that the defendant be able to participate in any drug treatment programs which he may qualify for. You must cooperate in the collection of DNA as directed by the probation officer. The defendant must participate in a program approved by the probation department for substance abuse, which may include testing to determine whether the defendant has been using drugs. The offender will be required to contribute to costs of services rendered in an amount to be determined by the probation officer, based on ability to pay or availability of third-party payment. The defendant shall submit his person, residence, place of business, vehicle, computer, or any 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 the release may be found. This search must be conducted at a reasonable time and in a reasonable manner. Failure to submit to a search may be grounds for revocation. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. The defendant is to provide the Probation Department access to any and all requested financial information. The defendant shall be supervised by the district of residence. The defendant shall pay the special assessment fee of $100 as a lump sum payment due immediately. (Signed by Judge Katherine B. Forrest on 2/24/2017)(ft)
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Request |
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Filed: 2/27/2017, Entered: 2/27/2017 |
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DISMISSAL OF COUNTS on Government Motion as to 6659E04 (12) Count 2. (ft)
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Filed: 2/27/2017, Entered: 2/27/2017 |
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Set/Reset Deadlines/Hearings as to AB9599F: Sentencing set for 5/26/2017 at 01:00 PM before Judge Katherine B. Forrest. (ft)
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| 301 |
Filed: 2/27/2017, Entered: 2/27/2017 |
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MEMO ENDORSEMENT granting 300 LETTER MOTION as to AB9599F (11). ENDORSEMENT: Ordered: Under these circumstances, the sentencing is adjourned to 5/26/2017 at 1pm. (Signed by Judge Katherine B. Forrest on 2/27/2017) (ft)
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Request |
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| 300 |
Filed: 2/24/2017, Entered: 2/24/2017 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Jill R. Shellow dated 02/24/2017 re: Request to adjourn sentencing date . Document filed by AB9599F. (Shellow, Jill)
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Request |
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| 299 |
Filed: 2/24/2017, Entered: 2/24/2017 |
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SENTENCING SUBMISSION by USA as to Saquran Curtis. (Mark, Eli)
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Request |
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| |
Filed: 2/24/2017, Entered: 2/24/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 2/24/2017 for 6659E04 (12) Count 1. (jp)
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| |
Filed: 2/24/2017, Entered: 2/24/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Sentencing held on 2/24/2017 for Christopher Napoleonis (15) Count 1. (jp)
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| 298 |
Filed: 2/24/2017, Entered: 2/24/2017 |
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SENTENCING SUBMISSION by 2C49874. (Attachments: # 1 Exhibit A Letter from Michelle A920E56 or 2C49874, # 2 Exhibit B email from Tamani Huggins, # 3 Exhibit C Letter from Jose Rodriguez, # 4 Exhibit D Inmate Education Data, # 5 Exhibit E Letter from Antonio Hendrickson)(Bach, Jonathan)
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Request |
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| 297 |
Filed: 2/24/2017, Entered: 2/24/2017 |
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ORDER as to Demetrius Flowers, 6659E04, 9270E3F, Frank O'Byrant, Eladio Padilla, Quinzell Frazier, Jonathan Saez, Brian McBeth, Francisco Reyes, Luis Cruz, Ralphie DeJesus, AB9599F, E23B3FF, Saquran Curtis, Christopher Napoleonis, 2C498744, 69E5C18, 455F059, 5651BC6: In connection with the sentencing of the defendants, scheduled for February 24, 2017, as well as all future sentences, the Court requires additional information pertaining to the following: 1. The Court would like to understand the facts that the Government has regarding the defendants drug dealing. In particular, the earliest he is known to have dealt drugs as part of the conspiracy and the amounts (was he a 100 gram seller, a 10 gram seller, daily, weekly, etc.) included in this would be the dates and amounts of controlled buys. 2. Counsel should be prepared to discuss which prior convictions/drug sales are properly considered relevant conduct. Most of the defendants that have pled guilty have pled guilty have pled to a crack conspiracy only. If this is considered to capture a general narcotics conspiracy, then other drugs that were sold should be included in drug quantity calculations. The Court needs to understand the facts regarding other drugs sold. If those drugs are not included, then they should count as prior convictions for calculating the criminal history category (this issue is of particular relevance with respect to the defendants who have allocuted to a narrow time-period and limited their conspiratorial agreement to one narcotic). (Signed by Judge Katherine B. Forrest on 2/24/2017)(jp)
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Request |
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| |
Filed: 2/23/2017, Entered: 2/23/2017 |
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Set/Reset Deadlines/Hearings as to Christopher Napoleonis: Sentencing set for 2/24/2017 at 12:30 PM before Judge Katherine B. Forrest. (ft)
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| 296 |
Filed: 2/23/2017, Entered: 2/23/2017 |
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MEMO ENDORSEMENT granting 295 LETTER MOTION as to Christopher Napoleonis (15). ENDORSEMENT: Ordered: This is fine. (Signed by Judge Katherine B. Forrest on 2/23/2017) (ft)
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Request |
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| 295 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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LETTER MOTION addressed to Judge Katherine B. Forrest from Richard B. Lind, Esq. dated February 21, 2017 re: Brief Adjournment of Defendant Napoleonis's Sentencing Hearing . Document filed by Christopher Napoleonis. (Lind, Richard)
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Request |
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| 293 |
Filed: 2/17/2017, Entered: 2/17/2017 |
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SENTENCING SUBMISSION by USA as to Christopher Napoleonis. (Mark, Eli)
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Request |
|
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| 291 |
Filed: 2/15/2017, Entered: 2/15/2017 |
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|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jonathan Saez. Notice is hereby given that an official transcript of a Plea proceeding held on 1/17/17 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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| 290 |
Filed: 2/15/2017, Entered: 2/15/2017 |
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|
TRANSCRIPT of Proceedings as to Jonathan Saez re: Plea held on 1/17/17 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/8/2017. Redacted Transcript Deadline set for 3/20/2017. Release of Transcript Restriction set for 5/16/2017. (McGuirk, Kelly)
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Request |
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| |
Filed: 2/15/2017, Entered: 2/15/2017 |
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Order of Referral to Probation for Presentence Investigation and Report as to Luis Cruz. (jp)
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| |
Filed: 2/15/2017, Entered: 2/15/2017 |
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Set/Reset Hearings as to Luis Cruz: Sentencing set for 6/2/2017 at 11:00 AM before Judge Katherine B. Forrest. (jp)
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| |
Filed: 2/15/2017, Entered: 2/15/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Luis Cruz held on 2/15/2017., Plea entered by Luis Cruz (9) Guilty of Lesser Offense as to Count 1. Defendant present with attorney Karloff Commissiong. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offense contained in Count 1. Court accepts plea. Sentencing set for 6/2/2017, at 11:00 am. Sentencing submissions from defendant are due not later than 5/19/2017. Government submissions due 5/26/2017. Remand continued. PSR Ordered. (jp)
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| 289 |
Filed: 2/15/2017, Entered: 2/15/2017 |
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|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Eladio Padilla. Notice is hereby given that an official transcript of a Plea proceeding held on 1/13/17 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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| 288 |
Filed: 2/15/2017, Entered: 2/15/2017 |
|
|
TRANSCRIPT of Proceedings as to Eladio Padilla re: Plea held on 1/13/17 before Judge Katherine B. Forrest. 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 3/8/2017. Redacted Transcript Deadline set for 3/20/2017. Release of Transcript Restriction set for 5/16/2017. (McGuirk, Kelly)
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Request |
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| 287 |
Filed: 2/14/2017, Entered: 2/14/2017 |
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LETTER by 6659E04 addressed to Judge Katherine B. Forrest from Mitchell Dinnerstein dated 2/14/2017 re: Reasons for Not Filing Sentencing Memorandum on ECF (Dinnerstein, Mitchell)
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Request |
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| 286 |
Filed: 2/10/2017, Entered: 2/10/2017 |
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|
SENTENCING SUBMISSION by Christopher Napoleonis. (Lind, Richard)
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Request |
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| 282 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 9270E3F. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/5/17 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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| 281 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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|
TRANSCRIPT of Proceedings as to 9270E3F re: Sentence held on 1/5/17 before Judge Katherine B. Forrest. 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 2/27/2017. Redacted Transcript Deadline set for 3/9/2017. Release of Transcript Restriction set for 5/8/2017. (McGuirk, Kelly)
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Request |
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| 279 |
Filed: 1/31/2017, Entered: 1/31/2017 |
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NOTICE OF ATTORNEY APPEARANCE: Abraham Jabir Abegaz-Hassen appearing for Demetrius Flowers. Appearance Type: CJA Appointment. (Abegaz-Hassen, Abraham)
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Request |
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| 278 |
Filed: 1/30/2017, Entered: 1/30/2017 |
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|
EX PARTE ORDER PERMITTING AN EXAMINATION TO BE CONDUCTED AT THE MCC - NEW YORK as to Francisco Reyes. it is hereby ORDERED that the Warden of the Metropolitan Correctional Center, New York, New York, or whosoever shall have the supervision and control of Mr. Reyes at any facility where he is being held, shall provide a suitable place for the examination to be conducted, such place to consist of a private room without distractions or noise, containing a small table and chairs; and it is further ORDERED that, Dr. Alexander Sasha Bardey, clinical and forensic psychiatrist, and his assistants Sarah Alires, MA and Amber Lin be permitted to enter said institution for the purpose of conducting a psychiatric examination, on Thursday, February 2, 2017, and on as many further occasions thereafter as they may require to complete their exam; and it is farther ORDERED that Dr. Bardey, and his assistants, may have access to Mr. Reyes without Mr. Handelman, his attorney being present; in addition, it is further ORDERED that this Order shall remain in effect until further notice from this Court. (Signed by Judge Katherine B. Forrest on 1/24/17)(jw)
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Request |
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| 277 |
Filed: 1/30/2017, Entered: 1/30/2017 |
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|
ENDORSED LETTER as to 6659E04 addressed to Judge Katherine B. Forrest from Mitchell Dinnerstein dated 1/26/2017 re: Requesting a short adjournment to the filing of the defense sentencing memorandum to February 15, 2017...ENDORSEMENT: Extension for submissions GRANTED to 2/15/17. Sentencing date remains unchanged. (Signed by Judge Katherine B. Forrest on 1/30/2017)(jw)
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Request |
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| 276 |
Filed: 1/27/2017, Entered: 1/27/2017 |
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LETTER by 6659E04 addressed to Judge Katherine B. Forrest from Mitchell Dinnerstein dated January 26, 2017 re: Amending previous letter requesting filing of a sentencing memorandum to February 15, 2017 (Dinnerstein, Mitchell)
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Request |
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| 275 |
Filed: 1/27/2017, Entered: 1/27/2017 |
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LETTER by 6659E04 addressed to Judge Katherine B. Forrest from Mitchell Dinnerstein dated January 26, 2017 re: Requesting a delay from February 10, 2017 to February 15, 2017 to file defense sentencing memorandum (Dinnerstein, Mitchell)
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Request |
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| 274 |
Filed: 1/25/2017, Entered: 1/25/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Frank O'Byrant. Notice is hereby given that an official transcript of a Plea proceeding held on 12/14/16 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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| 273 |
Filed: 1/25/2017, Entered: 1/25/2017 |
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TRANSCRIPT of Proceedings as to Frank O'Byrant re: Plea held on 12/14/16 before Judge Katherine B. Forrest. 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 2/15/2017. Redacted Transcript Deadline set for 2/27/2017. Release of Transcript Restriction set for 4/25/2017. (McGuirk, Kelly)
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Request |
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| 272 |
Filed: 1/25/2017, Entered: 1/25/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian McBeth. Notice is hereby given that an official transcript of a Plea proceeding held on 12/7/16 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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| 271 |
Filed: 1/25/2017, Entered: 1/25/2017 |
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TRANSCRIPT of Proceedings as to Brian McBeth re: Plea held on 12/7/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/15/2017. Redacted Transcript Deadline set for 2/27/2017. Release of Transcript Restriction set for 4/25/2017. (McGuirk, Kelly)
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Request |
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| 609 |
Filed: 1/24/2017, Entered: 2/20/2019 |
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ORDER as to Demetrius Flowers placing this matter under seal/delayed docketing. (Signed by Judge Katherine B. Forrest on 1/24/17)(jm)
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Request |
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Filed: 1/24/2017, Entered: 2/20/2019 |
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Order of Referral to Probation for Presentence Investigation and Report as to Demetrius Flowers. (jm)
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Filed: 1/24/2017, Entered: 2/20/2019 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest: Defendant is present with attorney Susan Tipograph; AUSA Eli Mark is also present. Waiver of Indictment signed. Arraignment as to Demetrius Flowers (1) Count 1s-2s,3s,4s-5s held on 1/24/2017. Plea entered by Demetrius Flowers (1) Guilty as to Count 1s-2s,3s,4s-5s. The Court accepts the plea. Sentencing is set for 8/11/17 at 10:00 AM. Sentencing submissions from defendant are due 7/28/17 and Government submissions are due 8/4/17. Remand continued. PSR ordered. (Court Reporter PRESENT) (jm)
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| 608 |
Filed: 1/24/2017, Entered: 2/20/2019 |
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WAIVER OF INDICTMENT by Demetrius Flowers. (jm)
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Request |
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| 607 |
Filed: 1/24/2017, Entered: 2/20/2019 |
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(S5) SUPERSEDING INFORMATION (Felony) filed as to Demetrius Flowers (1) count(s) 1s-2s, 3s, 4s-5s. (jm)
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Request |
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| 270 |
Filed: 1/19/2017, Entered: 1/19/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Francisco Reyes. Notice is hereby given that an official transcript of a Conference proceeding held on 12/7/16 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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| 269 |
Filed: 1/19/2017, Entered: 1/19/2017 |
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TRANSCRIPT of Proceedings as to Francisco Reyes re: Conference held on 12/7/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/9/2017. Redacted Transcript Deadline set for 2/21/2017. Release of Transcript Restriction set for 4/19/2017. (McGuirk, Kelly)
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Request |
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Filed: 1/17/2017, Entered: 1/17/2017 |
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Order of Referral to Probation for Presentence Investigation and Report as to Jonathan Saez. (jp)
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Filed: 1/17/2017, Entered: 1/17/2017 |
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Set/Reset Hearings as to Jonathan Saez: Sentencing set for 5/5/2017 at 10:00 AM before Judge Katherine B. Forrest. (jp)
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Filed: 1/17/2017, Entered: 1/17/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Jonathan Saez held on 1/17/2017., Plea entered by Jonathan Saez (6) Guilty of Lesser Offense as to Count 1,2. Defendant present with attorneys Mark Stein and Kristina Green. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offenses contained in counts one and two. Court accepts plea. sentencing set for 5/5/2017, at 10:00 a.m. Sentencing submissions from the defendant are due 4/21/2017. Government submissions due 4/28/2017. Remand continued. PSR Ordered. (jp)
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| 268 |
Filed: 1/13/2017, Entered: 1/13/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Francisco Reyes. Notice is hereby given that an official transcript of a Plea proceeding held on 12/13/16 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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Filed: 1/13/2017, Entered: 1/13/2017 |
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Order of Referral to Probation for Presentence Investigation and Report as to Eladio Padilla. (jp)
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Filed: 1/13/2017, Entered: 1/13/2017 |
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Set/Reset Hearings as to Eladio Padilla: Sentencing set for 4/28/2017 at 11:00 AM before Judge Katherine B. Forrest. (jp)
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Filed: 1/13/2017, Entered: 1/13/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to Eladio Padilla held on 1/13/2017., Plea entered by Eladio Padilla (4) Guilty of Lesser Offense as to Count 1,2.Defendant present with attorney Kafahni Nkrumah. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offenses contained in Counts 1 & 2. Court accepts plea. Sentencing set for 4/28/2017, at 11:00 a.m. Sentencing submissions from the defendant are due 4/14/2017. Government submissions due 4/21/2017. PSR Ordered. Remand continued. (jp)
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| 267 |
Filed: 1/13/2017, Entered: 1/13/2017 |
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TRANSCRIPT of Proceedings as to Francisco Reyes re: Plea held on 12/13/16 before Judge Katherine B. Forrest. 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 2/3/2017. Redacted Transcript Deadline set for 2/13/2017. Release of Transcript Restriction set for 4/13/2017. (McGuirk, Kelly)
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Request |
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| 266 |
Filed: 1/9/2017, Entered: 1/9/2017 |
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NOTICE OF ATTORNEY APPEARANCE Jessica Rose Lonergan appearing for USA. (Lonergan, Jessica)
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Request |
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| 265 |
Filed: 1/6/2017, Entered: 1/6/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 9270E3F. Notice is hereby given that an official transcript of a Conference proceeding held on 12/29/16 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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| 264 |
Filed: 1/6/2017, Entered: 1/6/2017 |
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TRANSCRIPT of Proceedings as to 9270E3F re: Conference held on 12/29/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2017. Redacted Transcript Deadline set for 2/6/2017. Release of Transcript Restriction set for 4/6/2017. (McGuirk, Kelly)
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Request |
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Filed: 1/5/2017, Entered: 1/5/2017 |
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Order of Referral to Probation for Presentence Investigation and Report as to 9270E3F. (jp)
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Filed: 1/5/2017, Entered: 1/5/2017 |
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Set/Reset Hearings as to 9270E3F: Sentencing set for 5/5/2017 at 02:00 PM in Courtroom 23B, 500 Pearl Street, New York, NY 10007 before Judge Katherine B. Forrest. (jp)
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Filed: 1/5/2017, Entered: 1/5/2017 |
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Minute Entry for proceedings held before Judge Katherine B. Forrest:Change of Plea Hearing as to 9270E3F held on 1/5/2017., Plea entered by 9270E3F (2) Guilty of Lesser Offense as to Count 1,2. Defendant present with attorney Donald Yanella. AUSA Eli Mark present. Court Reporter present. Defendant withdraws his previously entered plea of not guilty and enters a plea of guilty to the lesser included offenses contained in Counts one (1) and Two (2). Court accepts plea. Sentencing set for 5/5/2017, at 2:00 p.m. Sentencing submissions from the defendant are due not later than 4/21/2017. Government submissions due 4/28/2017. Remand continued. PSR Ordered. (jp) Modified on
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| 263 |
Filed: 1/4/2017, Entered: 1/4/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ralphie DeJesus. Notice is hereby given that an official transcript of a Plea proceeding held on 12/8/16 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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| 262 |
Filed: 1/4/2017, Entered: 1/4/2017 |
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TRANSCRIPT of Proceedings as to Ralphie DeJesus re: Plea held on 12/8/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Ellen Simone, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/25/2017. Redacted Transcript Deadline set for 2/6/2017. Release of Transcript Restriction set for 4/4/2017. (McGuirk, Kelly)
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Request |
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| 261 |
Filed: 1/4/2017, Entered: 1/4/2017 |
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ENDORSED LETTER as to 5651BC6 addressed to Judge Katherine B. Forrest from 5651BC6 dated 12/28/2016 re: Re: To make contact with legal counsel pursuant to the Sixth Amendment of the US Constitution....ENDORSEMENT: Mr. Goldsmith shall report to the court or any visits and/or duty of communication with his client between Nov. 2016 and today. Such information shall be provided by a letter filed on ECF within one week. (Signed by Judge Katherine B. Forrest on 1/4/2017)(jw)
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Request |
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| 260 |
Filed: 12/28/2016, Entered: 12/28/2016 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 2C49874. Notice is hereby given that an official transcript of a Plea proceeding held on 11/29/16 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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| 259 |
Filed: 12/28/2016, Entered: 12/28/2016 |
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TRANSCRIPT of Proceedings as to 2C49874 re: Plea held on 11/29/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/18/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/28/2017. (McGuirk, Kelly)
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Request |
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| 258 |
Filed: 12/28/2016, Entered: 12/28/2016 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Eladio Padilla, Jonathan Saez, 69E5C18. Notice is hereby given that an official transcript of a Hearing proceeding held on 11/30/16 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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| 257 |
Filed: 12/28/2016, Entered: 12/28/2016 |
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TRANSCRIPT of Proceedings as to Eladio Padilla, Jonathan Saez, 69E5C18 re: Hearing held on 11/30/16 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/18/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/28/2017. (McGuirk, Kelly)
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Request |
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| 256 |
Filed: 12/28/2016, Entered: 12/28/2016 |
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MEMO ENDORSEMENT as to Christopher Napoleonis on re: 253 Letter filed by Christopher Napoleonis. ENDORSEMENT: Conference adjourned. SO ORDERED. (Signed by Judge Katherine B. Forrest on 12/28/2016)(ft)
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Request |
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| 255 |
Filed: 12/28/2016, Entered: 12/28/2016 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Saquran Curtis. Notice is hereby given that an official transcript of a Plea proceeding held on 11/28/16 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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| 254 |
Filed: 12/28/2016, Entered: 12/28/2016 |
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TRANSCRIPT of Proceedings as to Saquran Curtis re: Plea held on 11/28/16 before Judge Katherine B. Forrest. 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 1/18/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/28/2017. (McGuirk, Kelly)
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Request |
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| 253 |
Filed: 12/27/2016, Entered: 12/27/2016 |
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LETTER by Christopher Napoleonis addressed to Judge Katherine B. Forrest from Richard B. Lind, Esq. dated December 27, 2016 re: Withdrawal of Request for Court Conference As To Substitution of Counsel (Lind, Richard)
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Request |
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| 252 |
Filed: 12/19/2016, Entered: 12/19/2016 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Demetrius Flowers, 9270E3F, Frank O'Byrant, Eladio Padilla, Jonathan Saez, Francisco Reyes, 2C49874, 455F059, 5651BC6. Notice is hereby given that an official transcript of a Conference proceeding held on 12/9/16 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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