USA v. Biedermann
| New York Northern District Court | |
| Case #: | 8:24-cr-00134 |
| Case Filed: | Apr 05, 2024 |
| Last checked: Monday Apr 08, 2024 3:15 AM EDT |
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Defendant
Emma Biedermann (1)
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Represented By
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Plaintiff
USA
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Represented By
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| Docket last updated: 04/08/2024 3:20 AM EDT |
| Saturday, December 02, 2023 | ||
| 1 | 1
CRIMINAL COMPLAINT as to Emma Biederman (1), Luis Dubon-Morales (2), Obeniel Santos-Hernandez (3). (tab) [8:23-mj-00708-CFH]
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| Monday, December 04, 2023 | ||
| TEXT Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Appearance as to Emma Biederman, Luis Dubon-Morales, Obeniel Santos-Hernandez held on 12/4/2023 by TEAMS video with Defendants appearing from Clinton County Jail. Appearance by AUSA Michael Gadarian for the government. Spanish Interpreter: Rafael Madrid, present and sworn. The Defendants are advised of their rights and the maximum penalties are stated. The Court indicates that counsel will be appointed. Deft Biederman indicates that her family may be trying to retain counsel. The Court advises that counsel will be appointed so there is no delay in holding a detention hearing. The government moves for detention on all three defendants. The Court schedules detention hearings and will direct a pretrial services interview to be completed after counsel is appointed. The Detention Hearing set for 12/6/2023 before Magistrate Judge Christian F. Hummel, by video. [Time was set for 2:00pm during the hearing, but afterwards, the time was changed to 3:15pm to accommodate the assigned counsel and the facility's availability] Defendants are remanded to the custody of the U.S. Marshal pending the detention hearings. (Court Reporter Lisa Mazzai)[11:35am-12:05pm] (tab) [8:23-mj-00708-CFH] | ||
| 3 | 3 TEXT ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Emma Biederman. Because the defendant has testified under oath or has otherwise satisfied this court that he (1) is financially unable to employ counsel and (2) does not wish to waive counsel, and because the interests of justice so require it is hereby ORDERED that: The Office of the Federal Public Defender for the Northern District of New York is assigned representation of the defendant and shall file a notice of appearance with the Clerk of Court. Courtenay K. McKeon for Emma Biederman appointed. So Ordered by Magistrate Judge Christian F. Hummel on 12/4/2023. (tab) [8:23-mj-00708-CFH] | |
| Tuesday, December 05, 2023 | ||
| 6 | 6 COURT NOTICE OF HEARINGS as to Emma Biederman, Luis Dubon-Morales, and Obeniel Santos-Hernandez. Detention Hearings have been set for Wednesday, 12/6/2023 beginning at 3:15 PM by TEAMS video before Magistrate Judge Christian F. Hummel. The court will provide a TEAMS connection link to all participants, directly. (tab) [8:23-mj-00708-CFH] | |
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NOTICE OF ATTORNEY APPEARANCE: Courtenay K. McKeon appearing for Emma Biederman . (McKeon, Courtenay) [8:23-mj-00708-CFH]
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MOTION for Material Witness Warrant by USA as to Emma Biederman, Luis Dubon-Morales, Obeniel Santos-Hernandez. (Gadarian, Michael) [8:23-mj-00708-CFH]
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PRETRIAL SERVICES INVESTIGATION REPORT - [LODGED] as to Emma Biederman. [This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. Any further distribution or dissemination is prohibited.] (anp, ) [8:23-mj-00708-CFH]
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| Wednesday, December 06, 2023 | ||
| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Detention Hearing as to Emma Biederman held on 12/6/2023 by TEAMS video. Appearances by AUSA Michael Gadarian for the government; AFPD Coutenay McKeon for Defendant (appointed). USPO Jennifer Belli, present. The Court issues the oral Rule 5(f) Reminder of Prosecutorial Obligation Order. The Defendant is again advised of her rights and the maximum penalties are stated, now present with counsel. The government agrees with the recommendation of pretrial services but requests the additional conditions of GPS location monitoring as a stand alone. Defendant does not object to the conditions and the Order setting conditions of release is issued. The Court will issue the release Order once the signed conditions are returned. Defendant is directed to follow the directions of Pretrial services to be fitted for the GPS monitoring. (Court Reporter Lisa Mazzei) [3:42pm-4:00pm] (tab) [8:23-mj-00708-CFH] | ||
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DEFT Emma Biederman: CHARACTER LETTER(S) RE: SENTENCING submitted by Brad and Margene Biedermann, Sharon Parker, Sabrina Johnson(McKeon, Courtenay) [8:23-mj-00708-CFH]
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Att: 1
Sabrina Johnson,
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Att: 2
Sharon Parker
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| Thursday, December 07, 2023 | ||
| 14 | 14
ORDER granting8 Motion for Material Witness Warrant as to Emma Biederman (1), Luis Dubon-Morales (2), Obeniel Santos-Hernandez (3) as to Juan Gamez-Solorzano. Signed by Magistrate Judge Christian F. Hummel on 12/7/2023.(Copies served upon other agencies as directed)(tab) [8:23-mj-00708-CFH]
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| Friday, December 08, 2023 | ||
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ORDER SETTING CONDITIONS OF RELEASE as to Emma Biederman (1) ROR with standard and special conditions set. Signed by Magistrate Judge Christian F. Hummel on 12/6/2023.(Copies served upon other agencies as directed) (tab) [8:23-mj-00708-CFH]
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RULE 5(f) ORDER as to Emma Biederman: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, to confirm the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. Signed by Magistrate Judge Christian F. Hummel on 12/8/2023. (tab) [8:23-mj-00708-CFH]
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RELEASE ORDER as to Emma Biederman. Signed by Magistrate Judge Christian F. Hummel on 12/6/2023.(Copies served upon other agencies as directed) (tab) [8:23-mj-00708-CFH]
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| Thursday, December 14, 2023 | ||
| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Appearance for Material Witness in case as to Emma Biederman, Luis Dubon-Morales, Obeniel Santos-Hernandez held on 12/14/2023 as to Juan Gamez-Solorzano (during proceeding in case 8:23-PO-187(CFH). Witness Gamez-Solorzano is initialed on the Material Witness Warrant. Witness is advised of his rights as a material witness and the Court directs that a deposition be held within a reasonable amount of time. (Court Reporter Jacqueline Stroffolino)[2:06pm-2:08pm] (tab) [8:23-mj-00708-CFH] (Entered: 12/15/2023) | ||
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STIPULATION by USA to 60-day STA Exclusion (Gadarian, Michael) [8:23-mj-00708-CFH]
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| Friday, December 15, 2023 | ||
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ORDER APPROVING THE STIPULATION TO CONTINUE - Ends of Justice as to Emma Biederman. Time excluded from 12/15/2023 until 2/15/2024. Signed by Magistrate Judge Christian F. Hummel on 12/15/2023. (tab) [8:23-mj-00708-CFH]
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| Friday, December 22, 2023 | ||
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MOTION to Vacate Material Witness Warrant re Juan Gamez-Solarzano by USA as to Emma Biederman, Luis Dubon-Morales, Obeniel Santos-Hernandez (Gadarian, Michael) Modified on 12/26/2023 to edit docket text to clarify that this is a Motion(ztc). [8:23-mj-00708-CFH]
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| Tuesday, December 26, 2023 | ||
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MOTION AND ORDER as to Emma Biederman, Luis Dubon-Morales, Obeniel Santos-Hernandez re14 Order on Motion for Warrant: The Material Wtness Warrant issued in this case for Juan Gamez-Solorzano, is VACATED. Signed by Magistrate Judge Christian F. Hummel on 12/26/2023.(Copies served upon other agencies as directed) (tab) [8:23-mj-00708-CFH]
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| Wednesday, December 27, 2023 | ||
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Receipt for Surrender of Passport as to Emma Biederman Passport Number 532175090 issued by United States of America placed in vault in Albany. (egr) [8:23-mj-00708-CFH]
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| 32 | 32
PS-40 NOTICE Regarding U.S. Passport for Criminal Defendant filed as to Defendant Emma Biedermann (egr) [8:23-mj-00708-CFH]
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| Tuesday, January 02, 2024 | ||
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Letter from Courtenay McKeon as to Emma Biederman requesting the Court's permission for Emma Biederman to have telephone and email contact with Luis Dubon-Morales (McKeon, Courtenay) [8:23-mj-00708-CFH]
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| Wednesday, January 03, 2024 | ||
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RESPONSE to Motion by USA as to Emma Biederman re33 Letter from Courtenay McKeon as to Emma Biederman requesting the Court's permission for Emma Biederman to have telephone and email contact with Luis Dubon-Morales (Gadarian, Michael) [8:23-mj-00708-CFH]
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| Thursday, January 04, 2024 | ||
| 35 | 35 TEXT ORDER granting in part33 Letter from Courtenay McKeon as to Emma Biederman requesting the Court's permission for Emma Biederman to have telephone and email contact with Luis Dubon-Morales: The Court amends the conditions of release to allow limited contact between Emma Biederman and Luis Dubon-Morales. Ms. Biederman is directed to notify pretrial services prior to making telephone contact with Luis Dubon-Morales. At this time, email contact is not permitted. Authorized by Magistrate Judge Christian F. Hummel on 1/4/2023.(tab) [8:23-mj-00708-CFH] | |
| Thursday, February 01, 2024 | ||
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STIPULATION by USA to 60 Day Extension of Time (Gadarian, Michael) [8:23-mj-00708-CFH]
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| Friday, February 02, 2024 | ||
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ORDER APPROVING STIPULATION TO CONTINUE - Ends of Justice as to Emma Biederman. Time excluded from 2/2/2024 until 4/2/2024. Signed by Magistrate Judge Christian F. Hummel on 2/2/2024. (tab) [8:23-mj-00708-CFH]
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| Monday, March 18, 2024 | ||
| TEXT NOTICE SETTING WAIVER AND PLEA HEARING as to Emma Biederman (8:24-cr-134 MAD): The Waiver and Plea Hearing as to Emma Biederman is set for 4/5/2024 at 01:00 PM in Albany before U.S. District Judge Mae A. D'Agostino. (ban) [8:23-mj-00708-CFH] | ||
| Wednesday, March 20, 2024 | ||
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STIPULATION by USA to 30 Day Extension of Time (Gadarian, Michael) [8:23-mj-00708-CFH]
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| Friday, March 22, 2024 | ||
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ORDER APPROVING THE STIPULATION TO CONTINUE - Ends of Justice as to Emma Biederman. Time excluded from 3/22/2024 until 4/22/2024. Signed by Magistrate Judge Christian F. Hummel on 3/22/2024. (tab) [8:23-mj-00708-CFH]
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| Friday, April 05, 2024 | ||
| TEXT Minute Entry for Waiver and Plea Hearing as to Emma Biedermann held on 4/5/2024 before U.S. District Judge Mae A. D'Agostino: Appearances by Mikayla Espinosa, AUSA for Michael Gadarian, AUSA for the Government; Courtenay McKeon, AFPD for the defendant; The defendant is sworn and questioned by the Court; The waiver of indictment is executed and accepted by the Court; Information 8:24-cr-134 MAD is handed up for filing; A written plea agreement is handed up for filing; Counsel for the Government addresses the Court regarding the factual basis for the plea, guidelines, maximum penalties, and stipulations; Plea entered by Emma Biedermann (1) Guilty Count 1 of Information 8:24-cr-134 MAD; The defendant is further questioned by the Court; Counsel for the defendant addresses the Court; The Plea Agreement is Accepted as to Emma Biedermann; The Court accepts the defendants plea of Guilty to Count 1 of the Information; The Court directs probation to prepare and submit a presentence investigation report and objections; Sentencing is set for August 6, 2024 at 12:00 p.m. in Albany before Judge D'Agostino; The defendant is released on all of the conditions previously set - the defendant is advised to adhere to all of the conditions of release and to report as instructed for all Court proceedings as directed. (Court Reporter Jacqueline Stroffolino, CRD Britney Norton [Time 1:40 p.m. - 2:08 p.m.]) (ban) | ||
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WAIVER OF INDICTMENT as to Emma Biedermann. (ban)
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INFORMATION as to Emma Biedermann (1) count 1. (ban)
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PLEA AGREEMENT as to Emma Biedermann. (ban)
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GUIDELINE ORDER as to Emma Biedermann: The Sentencing is set for 8/6/2024 at 12:00 PM in Albany before U.S. District Judge Mae A. D'Agostino. Government Sentencing Memo Deadline 7/16/2024, Defendant Sentencing Memo Deadline 7/16/2024. Signed by U.S. District Judge Mae A. D'Agostino on 4/5/24. (ban)
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