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USA v. Jones et al (1:18-cr-00834-PAE)

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

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USA v. Jones et al (1:18-cr-00834-PAE)

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  • ORDER as to Anthony Ellison: For the reasons set forth in the Court's April 27, 2020 opinion, which the Court incorporates here by reference in its entirety, the Court denies Ellison's motion. As the Government notes, the only difference between Ellison's original motion and his renewed motion is that he has increased the proposed bond amount and the number of proposed co-signers. But no amount of money or number of co-signers can assure the safety of the community from Ell ison, who, among other savage acts of violence, slashed open the face of Mark Hobdy as part of an intra-gang dispute. See Dkt. 407 at 1617 (describing evidence of slashing); United States v. Mercedes, 254 F.3d 433, 43637 (2d Cir. 2001); United Sta tes v. Rodriguez, 950 F.2d 85, 89 (2d Cir. 1991) ("The existence of four cosigners and $10,000 cash may assure the appearance of Rodriguez... but will not secure the safety of the community."). Ellison's sentencing remains scheduled for July 23, 2020. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 506 and 507. (Signed by Judge Paul A. Engelmayer on 7/2/2020) (See ORDER set forth) (ap)

  • SCHEDULING ORDER as to Anthony Ellison. The Court has received the attached letter from defendant Anthony Ellison, who is presently awaiting sentencing following his conviction at trial. The Court construes Mr. Ellison to seek his release from pri son in light of the COVID-19 pandemic. Accordingly, the Court invites, but does not require, Mr. Ellison's trial counsel to submit a letter-memorandum in support of Ellisons renewed application. Any such letter is due Monday, June 29, 2020. A response from the Government to Mr. Ellison's application is due Thursday, July 2, 2020 (Government Responses due by 7/2/2020). (Signed by Judge Paul A. Engelmayer on 6/24/20)(jw)

  • MEMO ENDORSEMENT (Document 502) LETTER MOTION To request that counsel be appointed to submit the letter-memorandum in support of Mr. Jordan's pro se application for compassionate release as directed by the Court...ENDORSEMENT...In light of the conce rns raised by Mr. Lichtman, the Court relieves him of the duty to write in support of Mr. Jordan's application for compassionate release. The Court, however, cannot appoint successor counsel for Mr. Jordan, as Mr. Lichtman was retained (not court-appointed), and Mr. Jordan has not submitted a financial affidavit indicating his eligibility for appointment of counsel. The Court accordingly will consider Mr. Jordans pro se application without the benefit of a supporting memorandum from counsel. The Government's response to Mr. Jordans application remains due on June 29, 2020. The Clerk of Court is requested to terminate the motion at Dkt. No. 502. (Signed by Judge Paul A. Engelmayer on 6/22/2020) (jw)

  • MEMO ENDORSED re: (Document 499) LETTER MOTION Continuance for status conference as to Kintea McKenzie (11)...ENDORSEMENT: The Court adjourns Mr. McKenzie's sentencing until September 25, 2020 at 10:00 a.m., in recognition of defense couns el's request that sentencing not be held at a time when traveling to court may present heightened health risks to counsel. The Court does not presently see a need for a conference prior to sentencing. As to defense counsel's request for M r. McKenzie's continued release on conditions of bail, the Court does not presently have occasion to assess the merits of an application for remand, as no such application has been made. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 499. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/18/2020) (jbo)

  • MEMO ENDORSEMENT as to Jensel Butler (3) granting (Document 497) LETTER MOTION addressed to Judge Paul A. Engelmayer from Sean M. Maher dated June 11, 2020 re: Appointment of counsel for seeking compassionate release from prison. ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 497. (Signed by Judge Paul A. Engelmayer on 6/12/2020) (ap)

  • ORDER as to Kintea McKenzie: On June 5, 2020, the Court received a request, via email, from Matthew Russell Lee of Inner City Press, seeking to unseal filings concerning a conflict of interest raised by Kintea McKenzie's now-former counsel, L isa Scolari, Esq. Later that day, the Court received an ex parte letter, via email, from Ms. Scolari, explaining the nature of the conflict of which she recently had become aware. The Court has determined that Ms. Scolari's ex parte communications relate to highly confidential facts about a separate attorney-client representation, and thus are properly not publicly filed. Accordingly, the Court denies Mr. Lee's request. (Signed by Judge Paul A. Engelmayer on 6/8/2020) (ap)

  • ORDER as to Kintea McKenzie: At a conference held on June 3, 2020, the Court permitted Lisa Scolari, Esq., to withdraw as court-appointed counsel for defendant Kintea McKenzie, based on her representation to the Court that on or about May 15, 2020 , she had become aware of circumstances that presented a conflict precluding her continued representation of Mr. McKenzie. The Court appointed Richard Rosenberg, Esq., as successor counsel. To assure itself that the nature of Ms. Scolari's con flict does not present a basis to invalidate Mr. McKenzie's guilty plea, entered in June 2019, the Court directed Ms. Scolari to file, for the Court's ex parte and in camera review, a letter detailing the circumstances under which Ms. Sco lari recently had become aware of the circumstances giving rise to a conflict. The Court has reviewed Ms. Scolari's letter to that effect, dated June 5, 2020, which the Court has directed Ms. Scolari to file under seal. The Court is satisfied that no conflict existed with respect to Ms. Scolari's representation of Mr. McKenzie until mid-May 2020, and that the emergence of this conflict does not, in any way, cast doubt on the viability of Mr. McKenzie's guilty plea or any other aspect of Ms. Scolari's representation of Mr. McKenzie. (Signed by Judge Paul A. Engelmayer on 6/8/2020) (ap)

  • MEMO ENDORSEMENT (Document 489) LETTER MOTION We respectfully renew that request and ask that the Court endorse this letter and urge the BOP to reconsider designating Mr. Walter to a facility where he will have access to his family....ENDORSEMENT...The C ourt renews its recommendation to the Bureau of Prisons that Mr. Walter be designated to a facility close to New Jersey, so as to facilitate family visits. The Clerk of Court is requested to terminate the motion at Dkt. No. 489 (Signed by Judge Paul A. Engelmayer on 6/5/20) (jw)

  • MEMO ENDORSEMENT (Document 490) LETTER MOTION to request that Your Honor issue an order re-assigning me to represent Mr. Walter pursuant to the Criminal Justice Act as to Faheem Walter....ENDORSEMENT....Granted. (Signed by Judge Paul A. Engelmayer on 6/5/20) (jw)

  • ORDER as to Fuguan Lovick. The Court has received the attached letter from defendant Fuguan Lovick, whom the Court sentenced in February 2020 principally to a term of 85 months imprisonment. Mr. Lovick reports that his appointed counsel has not b een responsive to him since his sentencing and seeks appointment of successor counsel. The Court directs Mr. Lovick's current counsel, Jeffrey Pittell, Esq., promptly to make contact with Mr. Lovick, to ascertain from Mr. Lovick the purpo se for which he is seeking representation, and then to notify the Court whether, with Mr. Lovick continues to seek the appointment of successor counsel and if so, for what purpose. Mr. Pittell's letter addressing these point is to be filed by Tuesday, June 16, 2020. Upon receipt ofMr. Pittell's letter, the Court will determine whether or not to grant Mr. Lovick's application. The Court directs Mr. Pittell forthwith to assure that a copy of this order is furnished to Mr. Lovick. (Signed by Judge Paul A. Engelmayer on 6/5/2020)(jw)

  • ORDER as to Kintea McKenzie. For the reasons stated on the record at today's telephonic conference, the Court relieves Ms. Lisa Scolari, Esq., as counsel for defendant Kintea McKenzie and appoints Richard Rosenberg, Esq. (Signed by Judge Paul A. Engelmayer on 6/3/2020)(jw)

  • ORDER (Document 484) LETTER MOTION On April 14, 2020, counsel for defendant Faheem Walter filed a motion seeking Mr. Walters compassionate release from the Metropolitan Correctional Center (MCC) in Manhattan, New York, pursuant to 18 U.S.C. § 358 2(c), in light of the ongoing COVID-19 pandemic. Accordingly, finding that the § 3553(a) factors do not support a reduction of sentence, the Court denies Mr. Walters renewed motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). The Clerk of Court is respectfully directed to terminate the motion pending at docket 484. SO ORDERED (Signed by Judge Paul A. Engelmayer on 6/2/20) (jw)

  • ORDER as to Kintea McKenzie: The Court schedules a telephonic conference in this case for June 3, 2020 at 10:15 a.m. The parties are to consult the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://w ww.nysd.uscourts.gov/hon-paul-engelmayer. To access the conference, the parties should call 888-363-4749 and use access code 468-4906. SO ORDERED. (Telephone Conference set for 6/3/2020 at 10:15 AM before Judge Paul A. Engelmayer) (Signed by Judge Paul A. Engelmayer on 5/28/2020) (lnl)

  • ORDER as to Faheem Walter: The Court has received the attached letter from defendant Faheem Walter, which the Court treats as a pro se motion for compassionate release. To assure able briefing and thoroughgoing consideration of the issues present ed, the Court asks trial counsel for Mr. Walter 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)

  • MEMO ENDORSEMENT as to Anthony Ellison (9) granting (Document 481) LETTER MOTION addressed to Judge Paul A. Engelmayer from Deveraux L. Cannick dated May 19, 2020 re: Adjournment of Sentencing. ENDORSEMENT: GRANTED. Sentencing is adjourned to July 23, 2020 at 10:00 a.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. The Clerk of Court is requested to terminate the motion at Dkt. No. 481. (Signed by Judge Paul A. Engelmayer on 5/19/2020) (ap)

  • MEMO ENDORSEMENT as to Daniel Hernandez (4) on (Document 475) LETTER MOTION addressed to Judge Paul A. Engelmayer from Lance Lazzaro dated April 23, 2020 re: Daniel Hernandez home confinement. ENDORSEMENT: The defendant is permitted to conduct employ ment-related activities outside the residence but within the confines of the rented property for two (2) hours per week on one (1) specific day that needs advanced approval by the Probation Officer. Given structural interference with the GPS track ing device, the defendant's hours in the basement of the residence will be limited to no more than an 8-hour period per day with a schedule as determined by the Releasee and approved by the Probation Officer. The Clerk of Court is requested to terminate the motion at Dkt. No. 475. (Signed by Judge Paul A. Engelmayer on 4/29/2020) (ap)

  • OPINION & ORDER as to Anthony Ellison. Accordingly, the Court denies Ellison's motion for release. Sentencing is scheduled for June 19, 2020. The Clerk of Court is respectfully directed to close the motions pending at dockets 472 and 473. (Signed by Judge Paul A. Engelmayer on 4/27/2020) (See ORDER set forth) (ap)

  • ORDER as to Faheem Walter: Accordingly, finding that the § 3553(a) factors do not support a reduction of sentence, the Court denies Walter's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). (Signed by Judge Paul A. Engelmayer on 4/16/2020) (See ORDER set forth) (ap)

  • ORDER as to Roland Martin: Accordingly, finding that Martin continues to pose a danger to the community and that the § 3553(a) factors do not support a reduction of sentence, the Court denies Martin's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). (Signed by Judge Paul A. Engelmayer on 4/10/2020) (See ORDER set forth) (ap)

  • MEMO ENDORSEMENT (Document 462) LETTER MOTION I respectfully move the Court on behalf of Mr. Martin for a reduction in sentence to time served pursuant to 18 U.S.C. § 3582(c)(1)(A), or alternatively, an order allowing Mr. Martin to serve the remainde r of his sentence in home confinement as to Roland Martin...ENDORSEMENT...The Court has received defendant Roland Martin's motion for compassionate release. The Court directs the Government to respond no later than 5 p.m. tomorrow, April 9, 2020. (Signed by Judge Paul A. Engelmayer on 4/8/2020) (jw)

  • ORDER as to Denard Butler: Accordingly, finding that Butler continues to pose a danger to the community and that the § 3553(a) factors do not support a reduction of sentence, the Court denies Butlers motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). (Signed by Judge Paul A. Engelmayer on 4/7/2020) (See ORDER set forth) (ap)

  • ORDER as to Kintea McKenzie: The Court instead, heeding the Government's recommendation, will amend McKenzie's conditions of release, in three respects, effective immediately. First, no visitors to McKenzie's apartment are to be per mitted there while McKenzie is residing there. Only McKenzie and the other family whom the defense represents lives thereMcKenzie's two brothers, his mother, and the mother's boyfriendare permitted to be in the apartment. Second, McKenzie may not leavethe apartment for any reason, except on the express written permission of Pretrial Services. Third, McKenzie is prohibited from using any electronic device or social media application except for the purpose of reporting to Pretrial S ervices or communicating with his counsel. The Court further directs that, on May 6, 2020, Pretrial Services provide an update to the Court on McKenzie's compliance with his conditions of his release and whether his retur to the MCC is now s afe for others. The Court further notifies counsel that it regards this episode as relevant to McKenzie's sentence. Under 18 U.S.C. § 3553(a), the factors a Court is to consider at sentencing include the defendant's "history an d characteristics." The Court views McKenzie's actions, as shown on the video, as affording an illuminating window into his character. McKenzie's actions, at once, (1) revealed that, to obtain release, he had misled the Court by feig ning genuine concern about contracting COVID-19; (2) disrespected his counsel, who with dedication and sincerity had advocated for his release, unaware that her client, once released, would behave recklessly with respect to contracting the disease ; (3) exposed his family and friends to the risk of contracting COVID-19 from him, to the extent that he might already have contracted it at the MCC; and (4) mocked the efforts of other high-risk inmates in the MCC and elsewhere whowithout ulterior motivesare today desperately seeking release from jail to reduce their risk of contracting this virulent disease that has killed thousands. The Court accordingly notifies counsel that, based on this dishonorable conduct, it is considering varying at sentencing above the guidelines range of 46-57 months imprisonment that the parties have agreed is applicable and from which eachbefore this episodehad agreed not to seek a variance. The Court invites counsel in their sentencing submissions to address these matters, including to provide any factual elaboration on them. Mr. McKenzie's sentencing remains scheduled for June 24, 2020, a date the parties should treat as firm. (Signed by Judge Paul A. Engelmayer on 4/6/2020) (ap)

  • DEFENDANT DENARD BUTLER'S MOTION TO MODIFY SENTENCE (Document 453) LETTER MOTION as to Denard Butler. Denard Butler, by and through counsel, respectfully moves the Court pursuant to 18U.S.C. § 3582 (c)(1)(A) to modify Mr. Butlers term of impris onment to time served and to impose a special condition that Mr. Butler serve a period of home confinement on supervised release. It is respectfully requested that the Court modify Mr. Butlers term of imprisonment to time served and impose a special condition that Mr. Butler serve a period of home confinement while on supervised release that will effectively allow him to finish the remaining portion of his prison sentence on home confinement, where he will be in a position to protect himself from exposure to COVID-19. Alternatively, we respectfully request the Court consider modifying Mr. Butlers term of imprisonment to home confinement until the COVID-19 pandemic has been deemed to no longer be a health crisis at which point Mr. But ler would return to BOP custody to serve the remainder of him time....ENDORSEMENT...The Court has received defendant Denard Butler's motion to modify his sentence. The Court directs the Government to respond no later than 5pm Monday, April 6, 2020 (Signed by Judge Paul A. Engelmayer on 4/2/2020) (jw) Modified on 4/3/2020 (jw).

  • ORDER as to Daniel Hernandez: NOW THEREFORE IT IS HEREBY ORDERED that, for the reasons set forth in an accompanying Opinion and Order, the Court grants the defendant's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A )(i); IT IS FURTHER ORDERED that pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), the Court hereby reduces the defendant's term of incarceration such that he is released from the custody of the Bureau of Prisons effective immediately; IT IS FURTH ER ORDERED that the defendant is hereby placed on supervised release and the Court re-imposes the terms and conditions of supervised release as set forth in the December 20, 2019 Judgment (ECF No. 398) with the following amendments 1. The defendant shall serve the first four months of supervised release on home incarceration, to be enforced by GPS monitoring, at an address approved by the defendant's probation officer; 2. In light of the COVID-19 pandemic, the defendant must remain at his residence except to seek any necessary medical treatment or to visit his attorney, in each instance with prior notice and approval by the Probation Department; and 3. In the event the Probation Department is unable to implement GPS monitoring upon th e defendant's release, the defendant is ordered to have daily contact with the defendant's probation officer through videoconferencing technology until GPS monitoring is implemented. IT IS FURTHER ORDERED that the Court grants the Government's request that the docketing of this Order be delayed, such that this Order and the Court's accompanying Opinion and Order are not to be docketed until 4 p.m. on April 2, 2020. (Signed by Judge Paul A. Engelmayer on 4/1/2020) (ap)

  • ORDER as to Kintea McKenzie. The pretrial services officer has received and forwarded to the Court a video that appears to be of Kintea McKenzie, apparently taken shortly after his release from federal custody this week on the grounds that his p resence in the Metropolitan Correctional Center pending sentencing exposed to him to an outsize risk of contracting COVID-19. The video appears to reflect Mr. McKenzie partying in very close proximity to numerous others. The Courts staff is furn ishing a copy of the video to counsel by email. The Court directs that the Government and defense each submit a letter, due Friday, April 3, 2020, at 5 p.m. setting forth their views on this matter. Counsels letters are to address, interalia, the abo ve concerns and to set out their views on the Courts appropriate response. The Court expects that the Governments letter will also set out the views of Pretrial Services. To assure that the letters reflect an orderly and complete exchange of views , the Court directs that Government and defense counsel confer by telephone, by no later than 11 a.m. on Friday, April 3, 2020, to share their views and anticipated recommendations. SO ORDERED (Signed by Judge Paul A. Engelmayer on 4/2/2020)(jw)

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USA v. Jones et al (1:18-cr-00834-PAE)

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

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