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SEALED ORAL ORDER as to Sealed Defendant 1. (Signed by Magistrate Judge Robert W. Lehrburger on 3/17/2022)(dif) [1:22-mj-02591-UA]
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COMPLAINT as to Jerrin Pena (1), Ariel Oliver (2), Justin Deaza (3), Jowenky Mendez (4), Jowenky Nunez (5), Brian Hernandez (6), Victor Colon (7), Jose Gutierrez (8), Argenis Tavarez (9), Nijmah Marte (10). In Violation of 21 U.S.C. 846; 18 U.S.C. 924 (c) (Signed by Magistrate Judge Robert W. Lehrburger) (dif) [1:22-mj-02591-UA]
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Arrest of Nijmah Marte. (dif) [1:22-mj-02591-UA]
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Arrest of Victor Colon. (dif) [1:22-mj-02591-UA]
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Arrest of Wilson Mendez. (dif) [1:22-mj-02591-UA]
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Arrest of Jerrin Pena. (dif) [1:22-mj-02591-UA]
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Arrest of Jose Gutierrez. (dif) [1:22-mj-02591-UA]
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Attorney update in case as to Nijmah Marte. Attorney James E Neuman for Nijmah Marte added.. (dif) [1:22-mj-02591-UA]
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Attorney update in case as to Victor Colon. Attorney Richard Palma for Victor Colon added.. (dif) [1:22-mj-02591-UA]
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Attorney update in case as to Wilson Mendez. Attorney David Keith Bertan for Wilson Mendez added.. (dif) [1:22-mj-02591-UA]
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Attorney update in case as to Jerrin Pena. Attorney Daniel Steven Parker for Jerrin Pena added.. (dif) [1:22-mj-02591-UA]
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Attorney update in case as to Jose Gutierrez. Attorney Jacqueline Elaine Cistaro for Jose Gutierrez added.. (dif) [1:22-mj-02591-UA]
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CJA 23 Financial Affidavit by Jerrin Pena. (Signed by Magistrate Judge Barbara C. Moses) (CJA Attorney Daniel Parker Appointed) (dif) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Jerrin Pena held on 3/23/2022., Detention Hearing as to Jerrin Pena held on 3/23/2022, Deft Appears with CJA Attorney Daniel Parker and AUSA Ashley Nicolas for the government. $100,000 PRB 3 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Drug Testing/Treatment As Directed by PTS; Home Incarceration; Location Monitoring Technology As Directed by PTS; Deft to Continue or Start Education Program; Deft Not to Possess Firearm/Destructive Device/Other Weapon; Deft to Be Detained Until All Conditions Are Met; Deft to Reside with his Mother at 1068 Ward Avenue, Bronx,on Home Incarceration; Deft to Have No Contact with Co-Defendants Direct or Indirect Except in the Presence of Counsel; ( Preliminary Hearing set for 4/22/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
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CJA 23 Financial Affidavit by Wilson Mendez. (Signed by Magistrate Judge Barbara C. Moses) (CJA Attorney David Bertan Appointed) (dif) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Wilson Mendez held on 3/23/2022., Deft Appears with CJA Attorney David Bertan and AUSA Kevin Mead for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing 4/22/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
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CJA 23 Financial Affidavit by Victor Colon. (Signed by Magistrate Judge Barbara C. Moses) (CJA Attorney Richard Palma Appointed) (dif) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Victor Colon held on 3/23/2022., Deft Appears with CJA Attorney Richard Palma and AUSA Kevin Mead for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing r 4/22/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
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CJA 23 Financial Affidavit by Jose Gutierrez. (Signed by Magistrate Judge Barbara C. Moses) (CJA Attorney Jacqueline Cistaro Appointed) (dif) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Jose Gutierrez held on 3/23/2022., Deft Appears with CJA Attorney Jacqueline Cistaro and AUSA Kevin Mead for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing 4/22/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/23/2022)
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ORDER FOR MEDICAL TREATMENT as to Jose Gutierrez.. (Signed by Magistrate Judge Barbara C. Moses on 3/23/2022)(dif) [1:22-mj-02591-UA]
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CJA 23 Financial Affidavit by Nijmah Marte. (Signed by Magistrate Judge Barbara C. Moses) (CJA Attorney James Neuman Appointed) (dif) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Nijmah Marte held on 3/23/2022., Deft Appears with CJA Attorney James Neuman and AUSA Kevin Mead and Ashley Nicolas for the government. AGREED CONDITIONS OF RELEASE: $100,000 PRB; 3 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Mental Health Evaluation/Treatment As Directed by PTS; Home Incarceration; Location Monitoring Technology As Directed by PTS; Deft to Continue or Seek Employment; or Deft to Continue or Start Education Program; Deft Not to Possess Firearm/Destructive Device; Deft to Be Released on Own Signature, Plus the Following Conditions; Location Monitoring Set Up; Remaining Conditions to Be Met by 4/6/2022; Deft to Have No Contact with Co-Defendants Direct or Indirect, Except in the Presence of Counsel; Home Incarceration in Home of Nicory Silfa (Deft's Brother's Girlfriend), 4215 Park Avenue, Bronx; ( Preliminary Hearing 4/22/2022 (dif) Modified on 3/23/2022 (dif). [1:22-mj-02591-UA] (Entered: 03/23/2022)
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PRB Bond Entered as to Nijmah Marte in amount of $ 100,000, 3 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Drug Testing/Treatment As Directed by PTS; Mental Health Evaluation/Treatment As Directed by PTS; Home Incarceration; Location Monitoring Technology As Directed by PTS; Deft to Continue or Seek Employment; or Deft to Continue or Start Education Program; Deft Not to Possess Firearm/Destructive Device/Other Weapon; Deft to Be Released on Own Signature, Plus the Following Conditions; Location Monitoring Set Up; Remaining Conditions to Be Met by 4/6/2022; Deft to Have No Contact with Co-Defendants Direct or Indirect, Except in the Presence of Counsel; Home Incarceration in Home of Nicory Silfa (Deft's Brother's Girlfriend), 4215 Park Avenue, Bronx (dif)[1:22-mj-02591-UA] (Main Document 23 replaced on 5/26/2022) (jbo).
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ORDER as to Jerrin Pena. On March 23, 2022, Magistrate Judge Barbara Moses ordered defendant Jerrin Pena released upon satisfaction of bail conditions. The Government notified the Court of its intent to appeal pursuant to 18 U.S.C. § 3145(a). It is hereby ORDERED that a conference shall be held in Courtroom 18B, 500 Pearl Street on March 24, 2022 at 1:00 p.m. In light of the ongoing COVID-19 pandemic, IT IS FURTHER ORDERED that all individuals seeking entry to 500 Pearl Street must complete a questionnaire before being allowed entry into the courthouse. To gain entry to 500 Pearl Street, follow the instructions provided here..... (Signed by Judge Denise L. Cote on 3/23/22)(jbo) [1:22-mj-02591-UA]
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Arrest of Jowenky Nunez. (dif) [1:22-mj-02591-UA]
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Attorney update in case as to Jowenky Nunez. Attorney Jeffrey G. Pittell for Jowenky Nunez added.. (dif) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Judge Denise L. Cote: Bond Appeal Hearing as to Jerrin Pena held on 3/24/2022. Today's proceeding was held in person, in Courtroom 18B Attorney for the defendant Daniel Parker present with defendant not present. Assistant U.S. Attorney Ashley Nicolas present. Court reporter Sonyah Moore present. Pretrial Officer Dayshawn Bostic for Laura Gialanella present. This hearing is adjourned until March 30 at 2:00 PM to allow defendant and defense counsel to both be present. (see transcript.) (Bond Hearing set for 3/30/2022 at 02:00 PM before Judge Unassigned.) (jbo) [1:22-mj-02591-UA]
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CJA 23 Financial Affidavit by Jowenky Nunez. (Signed by Magistrate Judge Barbara C. Moses) (CJA Attorney Jeffrey Pittell Appointed) (dif) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Initial Appearance as to Jowenky Nunez held on 3/24/2022., Detention Hearing as to Jowenky Nunez held on 3/24/2022, Deft Appears with CJA Attorney Jeffrey Pittell and AUSA Ashley Nicolas for the government. $100,000 PRB; 3 FRP'S; Travel Limited to SDNY/EDNY & D. MASS (For Court Appearances, and Points in Between to Travel Only); Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Submit to Urinalysis, If Positive, Add Condition of Drug Testing/Treatment; Home Incarceration; Location Monitoring Technology As Directed by PTS; Deft to Continue or Start Education Program; Deft Not to Possess Firearm/Destructive Device/Other Weapon; Deft to Be Detained Until All Conditions Are Met; Deft to Serve Home Incarceration at Home of his Mother, Yanette Ramirez, 1212 Tinton Avenue, Apt, 3, Bronx, NY; Ms. Ramirez to Serve As Third Party Custodian and Sign Bond (Even If Not FRP) for Moral Suasion; ( Preliminary Hearing 4/25/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/25/2022)
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NOTICE OF ATTORNEY APPEARANCE: Joseph Matthew Caldarera appearing for Jose Gutierrez. Appearance Type: Retained. (Caldarera, Joseph) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Judge Katherine Polk Failla, Part I: Bond Hearing as to Jowenky Nunez held on 3/29/2022. Defendant Jowenky Nunez present with attorney Jeffrey G. Pittell. AUSA Kevin Bowmar Mead present. PTSO Laura Gialanella present. Court reporter Lisa Franko present. The bail appeal hearing is continued to 3/30/2022 at 4:00 p.m. Defendant continued remanded. (See transcript.) (bw) [1:22-mj-02591-UA]
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ORAL ORDER as to Jowenky Nunez. Bond Hearing set for 3/30/2022 at 04:00 PM before Judge Katherine Polk Failla. (By Judge Katherine Polk Failla, Part I, on 3/29/2022) (bw) [1:22-mj-02591-UA]
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Arrest of Ariel Oliver. (dif) [1:22-mj-02591-UA]
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Attorney update in case as to Ariel Oliver. Attorney Patrick Jerome Brackley for Ariel Oliver added.. (dif) [1:22-mj-02591-UA]
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ORAL CONSENT TO PROCEED BY VIDEO OR TELE CONFERENCE as to Ariel Oliver. (Signed by Magistrate Judge Sarah L Cave on 3/29/2022)(dif) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Initial Appearance as to Ariel Oliver held on 3/29/2022., Deft Appears with Retained Attorney Patrick Brackley and AUSA Ashley Nicolas for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing 4/27/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/29/2022)
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NOTICE OF ATTORNEY APPEARANCE: Gary Matthew Kaufman appearing for Jerrin Pena. Appearance Type: Retained. (Kaufman, Gary) [1:22-mj-02591-UA]
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FIRST LETTER MOTION addressed to Judge Denise L. Cote from Daniel S. Parker dated March 29, 2022 re: request to be relieved and excused from appearance . Document filed by Jerrin Pena. (Parker, Daniel) [1:22-mj-02591-UA]
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NOTICE OF ATTORNEY APPEARANCE: Daniel Steven Parker appearing for Jerrin Pena. Appearance Type: CJA Appointment. (Parker, Daniel) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Judge Katherine Polk Failla:Evidentiary Hearing as to Jowenky Nunez held on 3/30/2022. Defendant Jowenky Nunez present with attorney Jeffrey G. Pittell. AUSAs Kevin Bowmar Mead and Ashley Carolyn Nicolas present. PTSO Laura Gialanella present. Court reporter Mike McDaniel present. CJA Attorney Carla Sanderson appointed as attorney to Ms. Ramirez for the purposes of her possible testimony at this hearing. Witness testimony and evidence entered. Government rests; hearing is continued sine die. Defendant shall inform the Court if he wishes to proceed with the evidentiary hearing with regard to Government's bail appeal. Defendant continued remanded. (See transcript.) (jw) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Judge Denise L. Cote: Bond Hearing (Bail Appeal) as to Jerrin Pena held on 3/30/2022. Today's proceeding was held in person, in Courtroom 18B. Defendant present with CJA attorney Daniel Parker and retained attorney Gary Kaufman. Assistant U.S. Attorney Ashley Nicolas present. Pretrial Services Officer Laura Gialanella. Court reporter Michael McDaniel present. CJA counsel Daniel Parker relieved as counsel for defendant. Arguments heard on the defendants bail package. Finding on the record that there is a danger to the community if the defendant is released on bail. The bail conditions set on March 23, 2022 are rescinded and the defendant is remanded into the custody of the U.S. Marshals for pretrial detention. (see transcript.) (bw) [1:22-mj-02591-UA]
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Attorney update in case as to Jerrin Pena (1). Attorney Daniel Steven Parker terminated. (bw) [1:22-mj-02591-UA]
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MEMO ENDORSED denying30 LETTER MOTION request to be relieved and excused from appearance as to Jerrin Pena (1)... DENIED. (Signed by Judge Denise L. Cote on 3/30/22) (jbo) [1:22-mj-02591-UA]
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ORDER as to Jerrin Pena. For the reasons set forth on the record, it is hereby ORDERED that the bail conditions set forth on March 23, 2022, are rescinded and the defendant is remanded into the custody of the U.S. Marshalls to be held pending indictment and trial. SO ORDERED (Signed by Judge Denise L. Cote on 3/30/2022)(jw) [1:22-mj-02591-UA]
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Arrest of Justin Deaza. (dif) [1:22-mj-02591-UA]
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Attorney update in case as to Justin Deaza. Attorney Valerie Alice Gotlib for Justin Deaza added.. (dif) [1:22-mj-02591-UA]
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NOTICE OF ATTORNEY APPEARANCE: Christopher Booth appearing for Victor Colon. Appearance Type: Retained. (Booth, Christopher) [1:22-mj-02591-UA]
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CJA 23 Financial Affidavit by Justin Deaza. (Signed by Magistrate Judge Sarah L Cave) (CJA Attorney Valerie Gotlib Appointed) (dif) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Initial Appearance as to Justin Deaza held on 3/31/2022., deft Appears with CJA Attorney Valerie Gotlib and AUAA Kevin Mead for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing 5/2/2022 (dif) [1:22-mj-02591-UA] (Entered: 03/31/2022)
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Arrest of Brian Hernandez. (dif) [1:22-mj-02591-UA]
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NOTICE OF ATTORNEY APPEARANCE: Dawn M Florio appearing for Wilson Mendez. Appearance Type: Retained. Dawn M. Florio (Florio, Dawn) [1:22-mj-02591-UA]
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Attorney update in case as to Brian Hernandez. Attorney Evan Loren Lipton for Brian Hernandez added.. (dif) [1:22-mj-02591-UA]
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CJA 23 Financial Affidavit by Brian Hernandez. (Signed by Magistrate Judge Jennifer E Willis) (CJA Attorney Evan Lipton Appointed) (dif) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Initial Appearance as to Brian Hernandez held on 4/5/2022., Deft Appears with CJA Attorney Evan Lipton and AUSA Sarah Kushner for the government. Detention on Consent w/o Prejudice; ( Preliminary Hearing 5/5/2022 (dif) [1:22-mj-02591-UA] (Entered: 04/06/2022)
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RULE 5(F) ORDER as to Brian Hernandez. (Signed by Magistrate Judge Jennifer E Willis on 4/6/2022) (ap) [1:22-mj-02591-UA]
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ORDER as to Brian Hernandez.. (Signed by Magistrate Judge Jennifer E Willis on 4/6/2022)(dif) [1:22-mj-02591-UA]
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TRANSCRIPT of Proceedings as to Jerrin Pena re: Conference held on 3/30/22 before Judge Denise L. Cote. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/29/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/7/2022. (Moya, Goretti) [1:22-mj-02591-UA]
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jerrin Pena. Notice is hereby given that an official transcript of a Conference proceeding held on 3/30/22 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.... (Moya, Goretti) [1:22-mj-02591-UA]
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FIRST MOTION for Bond . Document filed by Victor Colon. (Booth, Christopher) [1:22-mj-02591-UA]
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ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Brian Hernandez, Victor Colon, Jose Gutierrez, Nijmah Marte. Time excluded from 4/22/22 until 5/23/22 for Jerrin Pena, Wilson Mendez, Victor Colon, Jose Gutierrez, and Nijmah Marte. Time excluded from 4/22/22 until 5/25/22 for Jowenky Nunez. Time excluded from 4/22/22 until 5/27/22 for Ariel Oliver. Time excluded from 4/22/22 until 6/1/22 for Brian Hernandez. Time excluded from 4/22/22 until 6/6/22 for Brian Hernandez. [***Application by AUSA Kevin Mead requesting the extension is attached.] (Signed by Magistrate Judge Stewart D. Aaron on 4/22/22)(C.R) [1:22-mj-02591-UA]
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TRANSCRIPT of Proceedings as to Jowenky Nunez re: Conference held on 3/29/22 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Lisa Picciano Franko, (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 5/20/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/28/2022. (Moya, Goretti) [1:22-mj-02591-UA]
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jowenky Nunez. Notice is hereby given that an official transcript of a Conference proceeding held on 3/29/22 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.... (Moya, Goretti) [1:22-mj-02591-UA]
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LETTER RESPONSE in Opposition by USA as to Victor Colon addressed to Magistrate Judge Gabriel W. Gorenstein from USA dated April 29, 2022 re:44 FIRST MOTION for Bond .. (Kushner, Sarah) [1:22-mj-02591-UA]
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LETTER MOTION addressed to Magistrate Judge Barbara C. Moses from James E. Neuman dated 5/4/2022 re: request to travel . Document filed by Nijmah Marte. (Neuman, James) [1:22-mj-02591-UA]
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MEMO ENDORSED granting49 LETTER MOTION request to travel as to Nijmah Marte (10)... ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 5/5/22) (jbo) [1:22-mj-02591-UA]
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Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Bond Hearing as to Victor Colon held on 5/5/2022. Defendant present with CJA Christopher Booth. AUSA Sarah Kushner present for the Government. BAIL DISPOSITION: $100,000 Personal recognizance bond; To be cosigned by two financially responsible persons; Travel restricted to SDNY/EDNY; Surrender travel documents and no new applications; Pretrial supervision as directed by Pretrial Services; Drug testing and treatment; Mental health evaluation and treatment; Home incarceration; Location monitoring technology as directed by PTS; Deft not to possess firearm, destructive device, other weapon; Deft to be detained until all conditions are met; Request for bail granted as set forth herein. Other condition: No contact with co-defendants of any kind except in presence of counsel. Defendant advised by the Court of the right to be present, and consented to proceed by remote means. (jbo) [1:22-mj-02591-UA]
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LETTER MOTION addressed to Magistrate Judge Barbara C. Moses from James E. Neuman dated 5/10/2022 re: request to modify conditions of release . Document filed by Nijmah Marte. (Neuman, James) [1:22-mj-02591-UA]
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ENDORSED LETTER as to Nijmah Marte addressed to Magistrate Judge Barbara C. Moses from James Neuman, Esq dated 5/10/2022 re: USA v Nijmah Marte, 22 Mag 2591. Mr. Neuman respectfully request that the Court modified the condition of home incarceration to home detention. Ms. Marte was accepted into a program run by Exodus Transitional Inc. In order for Ms. Marte to participate in this program, her pretrial service officer suggested that we change the condition of home incarceration to one of home detention. Application Granted, SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 5/10/2022)(dif) [1:22-mj-02591-UA]
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Case Designated ECF as to Jerrin Pena, Ariel Oliver, Justin Deaza, Wilson Mendez, Jowenky Nunez, Brian Hernandez, Victor Colon, Jose Gutierrez, Argenis Tavarez, Nijmah Marte. (jm)
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INDICTMENT FILED as to Jowenky Nunez (1) count(s) 1, 2, Jerrin Pena (2) count(s) 1, 2, Ariel Oliver (3) count(s) 1, 2, Justin Deaza (4) count(s) 1, 2, Wilson Mendez (5) count(s) 1, 2, Brian Hernandez (6) count(s) 1, 2, Victor Colon (7) count(s) 1, Jose Gutierrez (8) count(s) 1, 2, Argenis Tavarez (9) count(s) 1, Nijmah Marte (10) count(s) 1, 2. (jm)
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