Use this searchbox to search JudicialCaselaw.com for more interesting court decisions.

USA v. James et al (1:13-cr-00836-SHS)

U.S. District Court for the Southern District of New York

Share on Social Media

USA v. James et al (1:13-cr-00836-SHS)

Follow on Feedly for case updates: follow us on feedly

RSS: RSS Feed Icon

  • MEMORANDUM & ORDER: denying (Document 389) Motion to Reduce Sentence as to Untra Jones (6). The Court has received defendant Untra Jones's application for compassionate release pursuant to 18 U.S.C. § 3582(c). (ECF No. 389.) Jones argues that two fa ctors warrant a reduction in his sentence. First, he claims that the post-Davis resentencings of three of his co-defendants, which lowered their terms of imprisonment, present extraordinary and compelling circumstances requiring that he be released i mmediately. (Id. at 3-4.) Second, Jones argues that his medical conditions--particularly bipolar disorder, anxiety disorder, depression, seizure disorder, and heart murmur--require his immediate release in light of COVID-19. (Id. at 7-8.) The governm ent responded to Jones's motion on May 13, 2020. (ECF No. 397.) It argued that Jones's "ailments are not recognized medical conditions or cognitive or functional impairments that substantially diminish his ability to be cared for by th e BOP." (Id. at 2.) Moreover, the government claimed that the post-Davis resentencings of Jones's co-defendants were purely legal issues that are irrelevant to Jones's application. (Id. at 2, 8-9.) The government concedes that Jones ha s exhausted his administrative remedies. (Id. at 2.) The Court concludes that, in the absence of any evidence that Jones has a special condition making him substantially vulnerable to COVID-19 or authority supporting his claim that post-Davis sentenc ing disparities counsel a reduction in a co-defendant's sentence, Jones has not shown that "extraordinary and compelling reasons" warrant a modification in his sentence. Thus, Jones's motion for compassionate release is denied. Ho wever, the Court believes there are substantial equitable reasons for the Bureau of Prisons (BOP) to release Jones in light of the Attorney General's memorandum directing the BOP to expand the use of home confinement in light of the COVID-19 pan demic. (Memorandum from William P. Barr, Att'y Gen., to Dir. of Bureau of Prisons (Apr. 3, 2020).) Defendant acknowledges that during his period of incarceration, he has endured several setbacks: in 2015, he engaged in a fight, and he was later returned from a halfway house after testing positive for marijuana and alcohol. (ECF No. 390 at 12.). These infractions should not overshadow the positive and productive rehabilitative aspects of Jones's incarceratory period. Jones, who was thre atened and cajoled by his uncle into committing the underlying crimes, (Id. at 5), has completed numerous behavioral programs, as well as vocational and entrepreneurial programs, (Id. at 12). He has also completed the BOP's reentry program, serv ed as a porter in his unit, worked in FCI Schuylkill's kitchen, and is close to obtaining his GED. (Id.) He has served approximately eighty-nine percent of his sentence and is scheduled to be released in a little more than four months--on Octobe r 11, 2020. Jones has reached the point of being sufficiently rehabilitated and in the view of this Court is a suitable candidate for release to home confinement. The BOP is therefore urged to reconsider Jones's application. The government is directed to send a copy of this order to the BOP immediately. SO ORDERED: (Signed by Judge Sidney H. Stein on 6/2/2020) (bw)

  • MEMORANDUM & ORDER as to Henry James on re: (Document 391) MOTION for Release from Custody Pursuant to the First Step Act filed by Henry James. IT IS HEREBY ORDERED that Jamess motion for compassionate release is denied on the grounds that no extraordinary and compelling reasons exist for his release and the section 3553(a) factors do not weigh in his favor. (Signed by Judge Sidney H. Stein on 5/26/2020) (See ORDER set forth) (ap)

  • ORDER as to (13-Cr-836-01) Henry James. Defendant having filed a motion for release from custody dated May 4, 2020 [Doc. No. 391], IT IS HEREBY ORDERED that the government shall respond to the motion on or before May 12, 2020. SO ORDERED: (Signed by Judge Sidney H. Stein on 5/5/2020)(bw)

  • ORDER as to (13-Cr-836-06) Untra Jones. Defendant having filed a motion for a reduction in sentence dated May 1, 2020 [Doc. No. 836], IT IS HEREBY ORDERED that the government shall respond to the motion on or before May 13, 2020. SO ORDERED: (Signed by Judge Sidney H. Stein on 5/6/2020)(bw)

  • ORDER granting (Document 387) LETTER MOTION as to Untra Jones (6). Sam A. Schmidt having filed a letter motion [Doc. No. 387] requesting that the Court reappoint him nunc pro tunc as of March 19, 2020, to assist defendant in filing for compassionate release and any other manner to obtain early release from prison, IT IS HEREBY ORDERED that the motion [Doc. No. 387] is granted. SO ORDERED: (Signed by Judge Sidney H. Stein on 4/7/2020) (bw)

  • ORDER as to Markquez McFadden: The Court of Appeals having (1) vacated the defendant's conviction as to Count Eight, and (2) remanded this matter to the District Court for resentencing, and this Court having resentenced the defendant today as to Count One, IT IS HEREBY ORDERED that the Clerk of Court is directed to return $100.00 of the $200.00 Special Assessment paid by defendant when he was originally sentenced on July 15, 2015. The check shall be made payable to Markquez McFadden. (Signed by Judge Sidney H. Stein on 1/31/2020) (ap)

  • ORDER as to Markquez McFadden: re: (Document 354) Letter, filed by Markquez McFadden. IT IS HEREBY ORDERED that Daniel Perez is appointed to represent the defendant. This appointment shall constitute a temporary appointment to the CJA Panel for the purposes of this case only. The attorney is hereby directed to contact the CJA Clerk, (212) 805-0640, regarding billing practices. (Signed by Judge Sidney H. Stein on 1/31/2020) (ap)

  • ORDER as to Jerome Ortiz. The Court having granted the government's motion to (1) vacate defendant's conviction as to Count 2, and (2) vacate the sentence as to Count 1 and re-sentence the defendant as to Count 1, and defendant having been re-sentenced on Count One today, IT IS HEREBY ORDERED that if the defendant has paid the $200 special assessment imposed at the sentencing on July 31, 2014, the Clerk of Court is directed to return $100 to defendant. (Signed by Judge Sidney H. Stein on 1/7/20)(jbo)

  • MEMO ENDORSEMENT as to Markquez McFadden (9) granting (Document 370) LETTER MOTION addressed to Judge Sidney H. Stein from Daniel M. Perez, Esq. dated December 31, 2019 re: requesting extension of deadline to file defense resentencing submission to January 8, 2020. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 1/2/2020) (lnl)

  • MEMO ENDORSEMENT as to Jerome Ortiz (2) on (Document 362) LETTER MOTION addressed to Judge Sidney H. Stein from Robert A. Soloway dated December 5, 2019 re: Respectfully requesting a one week extension of the deadline for defendant's sentencing submission. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 12/6/2019) (ap)

  • AMENDED ORDER as to Henry James: On August 4, 2015, this Court, inter alia, imposed sentence on Count Two. On November 4, 2019, this Court, inter alia, vacated defendant's conviction and sentence on Count Two [ see Minute Entry dated 11/4/201 9]. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to return the $100 Special Assessment paid to the Court by defendant on Count Two. The check shall be made payable to Henry Jones. (Signed by Judge Sidney H. Stein on 12/5/2019) (Forwarded to Finance Unit via email on 12/5/2019) (ap)

  • MEMO ENDORSEMENT as to Kelvin Green (4) on (Document 358) LETTER MOTION addressed to Judge Sidney H. Stein from Steven M. Witzel dated November 15, 2019 re: Request for removal from ECF Notice List. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 11/21/2019) (ap)

Use this searchbox to search JudicialCaselaw.com for more interesting court decisions.

USA v. James et al (1:13-cr-00836-SHS)

U.S. District Court for the Southern District of New York

Share this with your network