| Illegal Reentry Defendant
Gets 5 Month Sentence from SDNY Judge Failla
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
May 13 – Juan Manuel Antonio
was up for sentencing on
an alleged Violation of
Supervised Release before U.S.
District Court for the
Southern District of New York
Judge Katherine Polk Failla on
May 13. Inner City Press was
there.
He
was arrested in the Northern
District of New York on April
1 and has been detained since.
Judge Failla asked Assistant
US Attorney Russell Capone why
the guidelines range in his
May 11 letter, 6 to 12 months,
was higher than the applicable
four to ten.
AUSA
Capone agreed and apologized.
He added, After this
proceeding he'll be removed
from US by ICE.
Judge Failla, to defendant,
asked, Have you been on
medication?
The
defendant replied, Yes, for
depression.
Judge Failla
asked, You're not impaired
today, is it fair to
say?
The defendant
said, No ma'am I'm in perfect
condition. He said he only
came back into the United
States because his mother is
sick and the medicine is
expensive in his country. He
said he would grateful to be
deported to the Dominican
Republic to see his mother, in
these times of
COVID-19.
Then came Judge
Failla's ruling (she said she
does not come to the bench
with a sentence decided, so
took a break). Shd said, Were
we not in a pandemic I would
go above the policy statement.
But because of COVID-19, and
statements of attorney, I
impose five months... I
understand that one of these
give months has already been
served. I am imposing 3 years
of supervised release, even
though he will probably be
removed. "You have to
comply... Sir, you have the
right to appeal, in forma
pauperis, notice in 14 days."
The case is US v.
Antonio, 13-cr-438 (Failla).
***
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