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SDNY Pakistani Extradited From
Nigeria Pled to Heroin
Relieved of Mandatory Minimum
By Matthew
Russell Lee, @SDNYLIVE
SDNY COURTHOUSE,
April 23 – A Pakistani man
accused of trying to import
heroin into the US and just
extradited from Nigeria was
arraigned on April 29, 2019 in
the U.S.
District Court
for the
Southern
District of
New York
Magistrate's
courtroom,
presided over
for the week
by Magistrate
Judge Kevin
Nathaniel Fox.
Inner City
Press was
present in
person and
reported on
the
presentment,
which was not
otherwise
announced.
In
the courtroom
that day,
along with
Inner City
Press as the
only media,
were several
heavily
bearded US
agents. This
shacked
defendant
Muhammad
Khalid Khan,
with the same
genial Pashto
interpreter as
in the a
recent SDNY
Taliban case
covered by
Inner City
Press, pled
not guilty.
His Federal
Defenders
lawyer did not
in this
proceeding
seek bail, and
later
conferred with
the also FD
lawyer in the
Taliban case.
Now more than
a year later,
this on
September 7:
"Dear Judge
Broderick: I
represent
Muhammad
Khalid Khan in
the above
referenced
matter. Mr.
Khan’s case is
currently on
the Court’s
calendar for
September 15,
2020. With the
consent of the
government, it
is
respectfully
requested that
the case be
put over for a
two-week
period. It is
anticipated
that Mr. Khan
will enter a
plea of guilty
at the next
appearance,
however,
counsel needs
additional
time to make
certain that
he understands
the plea offer
extended by
the
government. I
am advised by
chambers that
September 29,
2020, is a
convenient
date for the
Court.
On September
24, Khan's
lawyer wrote
in to ask for
another four
weeks, citing
an eye
infection and
COVID
quarantine
requirements.
On November
10, Judge
Broderick held
a lengthy
change of plea
proceeding,
with
consecutive
interpretation.
Khan pled
guilty to
importing
heroin to the
U and to money
laundering. He
asked a number
of question,
for example on
what papers
Judge
Broderick was
asking if he'd
read. Judge
Broderick
patiently
answered, and
accepted the
plea.
On
February 8,
two weeks
before the
February 23
sentencing,
Khan's counsel
has written in
for another
four to six
week delay,
citing COVID
and the
Pre-Sentencing
Report.
Beyond
forfeiture of
$39,900, Judge
Broderick on
April 23, 2021
signed an
order of
removal,
adding in a
handwritten
line:
"Defendant
Khan is
eligible and
qualifies for
relief from
the mandatory
minimum
sentence."
He
also noted
that while the
pre-sentencing
report said
Khan has only
one wife
remaining
alive, in fact
there are two.
Inner
City Press
will continue
to report on
this case.
The
case is US v.
Khan,
18-cr-830
(Broderick).
***
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