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USA v. Skelos et al (1:15-cr-00317-KMW)

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

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USA v. Skelos et al (1:15-cr-00317-KMW)

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  • OPINION AND ORDER as to Adam Skelos: Defendant's motion for compassionate release under § 3582(c)(1)(A) is DENIED. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/15/2020) (See OPINION AND ORDER as set forth) (lnl)

  • MEMO ENDORSEMENT withdrawing (Document 508) LETTER MOTION We write to withdraw our application for compassionate release as to Dean Skelos...ENDORSEMENT...The pending motion for compassionate release (ECF No. 508) is withdrawn. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/28/20) (jw)

  • OPINION AND ORDER as to Dean Skelos: In light of the urgency and seriousness of the present circumstances, including those expressed in the Court's April 12, 2020 Opinion and Order, and in light of the BOP's prior representations to the Court through Government counsel, the Court expected that Defendant would be granted a furlough or home confinement. The Court requires the BOP to inform the Court by 5:00 p.m. on April 27, 2020, whether Defendant will be granted a furlo ugh, or whether the BOP will grant Defendant release on home confinement. If the BOP does not intend to grant Defendant a furlough, the Government shall submit an affidavit by 5:00 p.m. on April 27, 2020 from the appropriate BOP decision-maker expl aining why the BOP initially stated that Defendant "will be approved for furlough.", and then later stated that, instead of being approved for furlough, Defendant is merely under consideration for furlough. If the BOP decides not to see k home confinement for Defendant, the BOP decision-maker shall submit an affidavit, by 5:00 p.m. on April 27, 2020, explaining why BOP first decided that Defendant "will be approved for home confinement," and later reversed its decis ion. The decision-maker shall also state whether there is a reason, in light of all of Defendant's circumstances, not to grant Defendant a deviation from the policy that prioritizes for home confinement those who have served 50% of thei r sentences, or who have served 25% of their sentences and have 18 months or fewer remaining on their sentences. If the BOP decides that Defendant should remain in custody, the Court requests that the appropriate BOP decision-maker also expla in (1) what provisions (if any) will be made to isolate Defendant from other inmates without compromising Defendant's own health and that of other inmates; and (2) what provisions will be made to provide appropriate medical treatment for Defendant, in light of his COVID-19-positive status and his costochondritis, as well as his age and other underlying conditions. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/24/2020) (lnl)

  • ORDER as to Dean Skelos: The Court will hold a telephone conference this afternoon, April 21, 2020, at 4:30 p.m. By 3:30 p.m., the Government shall explain, in writing, its statement that "it now appears unlikely that [Defendant] will be gr anted home confinement in addition to any furlough." (ECF No. 516.) During the telephone conference, the Government should be prepared to provide a definite date by which it expects the BOP to make a final determination with respect to Defen dant's furlough or compassionate release. To join the telephone conference, the parties should dial 888-363-4749 and enter access code 1613818. (Telephone Conference set for 4/21/2020 at 04:30 PM before Judge Kimba M. Wood) (Signed by Judge Kimba M. Wood on 4/21/2020) (lnl)

  • ORDER as to Adam Skelos: On April 10, 2020, Defendant Adam Skelos moved to modify his sentence pursuant to 18 U.S.C. 3582(c)(1)(A). (ECF No. 505.) Defendant seeks to serve to the remainder of his term of incarceration in home confinement. Defendan t's scheduled release date is June 4, 2021. Because the Court previously granted his request to serve nine to twelve months of his sentence at a halfway house, he may be eligible to leave FCI Danbury as soon as June 4, 2020. In support of h is motion, Defendant states that he is a non-violent offender with a history of good conduct, and that FCI Danbury is experiencing a high rate of COVID-19 infection. The Government shall respond to Defendants motion by May 11, 2020. (Responses due by 5/11/2020) (Signed by Judge Kimba M. Wood on 4/14/2020) (ap)

  • OPINION AND ORDER as to Dean Skelos. For the foregoing reasons, the Court DEFERS ruling on Defendant's motion. The Government shall submit a letter immediately following any determination by the BOP on Defendant's application for compassionate release. If the BOP has not made a final determination by April 15, 2020, the Court will at that time consider Defendant's motion in full. (Signed by Judge Kimba M. Wood on 4/12/2020) (See ORDER set forth) (ap)

  • ORDER as to Dean Skelos: The Court has reviewed the minimal redactions proposed by defense counsel. They relate only to confidential medical material that is rightly shielded from the view of others. By April 13, 2020 at noon, defense counsel sha ll publicly file all documents that have been submitted to the Court but not previously filed on the public docket in connection with Defendant's motion for compassionate release; the short description of Defendant's medical information that Defendant seeks to redact may be redacted. (Signed by Judge Kimba M. Wood on 4/10/2020) (ap)

  • ORDER as to Dean Skelos. Matthew Leish, in-house counsel for non-party Daily News L.P., has requested the unsealing of Defendants motion for compassionate release and associated submissions. Defense counsel shall provide the Court, by 3:30 p.m. to day, copies of Defendants motion for compassionate release, Defendants supplemental letters dated March 27, 2020 and April 1, 2020, and any additional documents related to Defendants present motion not filed on the public docket, using highlighti ng to indicate proposed redactions. Defense counsel shall take note that redactions must be very limited under Second Circuit law in order vindicate the publics qualified right of access to judicial proceedings and documents under the common law and the First Amendment. The reason this time period is short is that defense counsel should have filed redacted copies initially. I expect to rule on the proposed redactions today by 4:30 p.m. (Signed by Judge Kimba M. Wood on 4/9/2020)(jw)

  • ORDER as to Dean Skelos: The Court will hold a telephone conference this afternoon, April 3, 2020, at 4:00 p.m., on Defendant's pending motion for compassionate release. The Government should be prepared to discuss when it expects to have th e information it has requested from the Bureau of Prisons (BOP) regarding, inter alia, the Defendant's present health condition, his conditions of confinement, and his relative risks of contracting and suffering serious illness due to COVID -19. The Government should also be prepared to state how much of the following information is currently available to the BOP: the infection rate at FCI Otisville; the extent to which Defendant is currently able to distance himself from other inm ates; Defendant's conduct in prison; Defendant's PATTERN score; the options available for quarantining Defendant at FCI Otisville, including whether he can be quarantined where he has no contact with a possible or known carrier of COVID- 19; and whether release pursuant to the conditions suggested by Defendant would present a lower risk of contracting COVID-19 than Defendant would face were he to remain incarcerated. The Court notes the Government's representation that the BOP "is addressing many similar applications from inmates across the country." The Government must be prepared to state where, in the line of similar applicants, Dean Skelos stands, and its approximation of when the BOP Medical Directo r, or someone he designates, will make the assessments required of the BOP in Attorney General Barr's March 26, 2020 Memorandum For the Director of Prisons, with respect to Defendant. The government states that there are "thousands of inm ates nationwide who are similarly situated." The government must state upon what facts the Government relies in making this statement. To join the telephone conference, the parties should dial 888-363-4749 and enter access code 1613818. (Telephone Conference set for 4/3/2020 at 04:00 PM before Judge Kimba M. Wood) (Signed by Judge Kimba M. Wood on 4/3/2020) (lnl)

  • ORDER as to Dean Skelos: The Courts asks that Defendant state in writing by 3:00 p.m. this afternoon, April 3, 2020, whether he intends to seek bail pending appeal in this matter. (Signed by Judge Kimba M. Wood on 4/3/2020) (lnl)

  • ORDER as to Dean Skelos. The Court grants Defendant's request to file under seal the motion to modify his sentence and accompanying exhibit. The Government is directed to respond to this motion by March 31, 2020. (Signed by Judge Kimba M. Wood on 3/30/2020)(bw)

  • OPINION & ORDER as to Dean Skelos, Adam Skelos: Defendants' pretrial motions are denied. This Opinion and Order resolves docket entries 247, 250, and 255. (Signed by Judge Kimba M. Wood on 6/8/2018) (See OPINION & ORDER as set forth) (lnl)

  • OPINION & ORDER as to Dean Skelos, Adam Skelos. For the foregoing reasons, the PRI Parties' and Government's motions to quash the subpoenas served on DFS, AFP, PRI, Anthony Bonomo, and Carl Bonomo, are GRANTED. The subpoenas Defendants ser ved on those parties are QUASHED. The Glenwood Parties' and the Government's motions to quash the subpoenas served on Dorego, Glenwood, and Swarzman are partially GRANTED and partially DENIED: (1) Requests to Dorego 1, 2, 3, and 5, as well as Request to Glenwood 1, are NOT QUASHED, and Dorego and Glenwood shall produce responsive documents to the Court on or before June 13, 2018; (2) Request to Dorego 4 is QUASHED; (3) Request to Dorego 6 and Request to Glenwood 3 are NOT QUASHED, and on or before June 13, 2018, Dorego and Glenwood shall produce to Defendants and the Government any documents responsive to these requests that they have not previously produced to the Government; (4) Request to Dorego 7 and Request to Glenwood 4 are NOT QUASHED, but are modified as discussed above, and Dorego and Glenwood shall produce responsive documents to Defendants and the Government on or before June 13, 2018; (5) Request to Glenwood 2 is QUASHED; (6) Request to Swarzman 3 is QUASHED. The parties are ordered to submit any future 17(c) subpoenas to Chambers, with notice to the other parties unless a compelling reason exists for proceeding ex parte.The Clerk of Court i5 dirnct~d to terminate the motions at ECF Nos. 258, 264, 268, 269, 276, 278, 289, and 291. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/17/2018)(ft)

  • OPINION AND ORDER #106408: as to (S1-15-Cr-317) Dean Skelos, Adam Skelos. Defendants have moved for a judgment of acquittal on all counts under Rule 29(c) and for a new trial under Rule 33. For reasons set forth below, the Court denies the motions... .[See this Opinion And Order]... In conclusion, the Defendants' conduct described above followed a brazen pattern of pressuring, bullying and threatening companies with substantial business before the New York State Senate, all to force the comp anies to enrich his son. For the reasons set forth herein, the Court denies Defendants' Rule 29 motion, and also denies Defendants' Rule 33 motion for a new trial; competent, satisfactory and sufficient evidence support the jury's verdicts. So ordered. (Signed by Judge Kimba M. Wood on 4/14/2016)(bw) Modified on 4/28/2016 (ca).

  • OPINION & ORDER as to Dean Skelos, Adam Skelos re: (Document 20) MOTION to Dismiss . MOTION for Hearing MOTION for Disclosure MOTION to Suppress filed by Adam Skelos, Dean Skelos. For the foregoing reasons, Defendants' pretrial motions are denied. This Opinion and Order resolves Docket entry 20. (Signed by Judge Kimba M. Wood on 10/20/2015)(jw)

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USA v. Skelos et al (1:15-cr-00317-KMW)

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

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