In
SDNY Alvalle Who Had AR-15 In
1502 Hone Avenue Gets 90
Months After Judge Keenan
Questions
By Matthew
Russell Lee
SDNY COURTHOUSE,
May 2 –
In an apartment
at 1502 Hone Avenue in The
Bronx up until October 12,
2017 when resident Johnny
Alvalle consented to a search,
there was a AR-15
semi-automatic rifle as well
as ammunition for a 9
millimeter handgun and drugs
to be sold. On May 2 U.S.
District Court
for the
Southern
District of
New York Judge
John F. Keenan
was asked to raise
Alvalle's
sentence based
on this
weapon, and on
Alvalle having
previously
shot a man
twice in the
legs.
Alvalle's
lawyer Robert
Baum said that
shooting had
been with a
gun the
ultimate shootee
had pulled on
Alvalle. He
stressed that
Alvalle had
led the police to
his AR-15 and
should get
credit for
that.
Judge Keenan mention twice
that he'd used
a rifle during
his two years
in the Army
long ago. But
he supplemented
that with
long knowledge
of New York
State criminal
law, posing
questions
about the leg
shooting that
Assistant
U.S. Attorney
Karin S.
Portlock
didn't have
the answers
to.
Alvalle's
supporters in
the courtroom
grumbled
quietly at
Portlock's
claims, and
came to be
more positive
about Judge
Keenan as he said
while an AR-15
can kill, so
can a simple handgun
with eight in
the clip and
one in the
chamber. It
was a sort of
Greatest
Generation hip
hop medley. Ultimately
Judge Keenan
sentenced
Alvalle to 90
months in prison
and the forfeiture
of his
interest in
the property
seized, presumably
including the
AR-15. The
case is USA
v. Johnny
Alvalle,
18-cr-455
(JFK).
Johnny Alvalle
is not alone, in having
supporters. On April 12 when
Will Baez came up for
sentencing he faced a
mandatory minimum ten years in
prison for five kilos of
heroin and a .45 handgun and
ammo in his Bronx apartment.
The courtroom of SDNY Judge
Ronnie
Abrams was packed
with dozens of
family and friends,
and Baez spoke
about his
seven year old
daughter and
dream of opening
an auto body
shop. His lawyer spoke
of conditions
in the MCC: 26
men on 13 bunk
beds in a unit
with one
toilet and one
shower and
rodents in the
walls. There
was no
discussion of
the safety
value
provisions of
the First Step
Act, which
later in the day got
a reduction
for another
defendant
caught with
five kilos of
what he
thought was heroin.
Judge
Abrams showed
those in
the courtroom
the sentencing
guidelines
book and said
Baez
need not be
defined by
the worst day
in his life. But ten
years
are ten years.
He waved as
they led him
to the
elevator of 40
Foley Square
in shackles.
Another
defendant on
April 9
before SDNY
Judge Gregory
Woods had
no fewer than
three defense
lawyers with
him, more than
some
defendants who
face and
receive much
longer
sentences. But
Judge Woods'
reasoning for
imposing a
sentence of 48
month in
prison rather
than the lower
guideline of
57 months was
that Martinez
was that his
was the lower
level of the
gang, that
this will be
his longest
sentence on 15
convictions,
and that Judge
Woods hopes
Martinez can
get back to
his 13 year
old son faster
than 57
months. It was
as is often
the case with
Judge Woods a
comprehensive
and human
sentencing,
ending with an
"I wish you
well" and
"Thanks." The
lawyers, it
seems, were
from DLA
Piper; it
contrasts to
other cases
Inner City
Press has
witnessed this
year, where a
defendant
complained
that his
passport was
not returned,
for example.
We'll have
more on this.
The U.S.
Treasury employee accused in
October of leaking Suspicious
Activity Reports about Paul
Manafort and others, Natalie
Edwards, pled not guilty back
on January 30 before
Judge Woods. Her next
appearance was set for April
4 at 2 pm, but when Inner
City Press came in again
through the metal detectors
to cover it, other cases
were on in Judge Woods' 12th
floor courtroom. His deputy
informed Inner City
Press that Edwards was
adjourned to May 2 at 10 am.
One
of the other cases in front
of Judge Woods, a defense
lawyer argued that his
client Freddy would never
have voluntarily told the
detectives that he is a
"great dice roller;" he is
making a suppression motion.
But it will be delayed, by
vacation and the prosecutor
being on trial. Judge Woods
urges both sides to file
more quickly, and pointed
asked if a police witness
had, in fact, perjured
himself. That trial is set
for July 22 - the case did
not seem to be listed on the
board in the lobby of 500
Pearl Street, and still
without electronics it was
not easy to inquire, yet.
Back on
January 20 on Worth Street,
Inner City Press asked her
lawer Jacob Kaplan of Brafman
& Associates about a
statement made during the
proceeding, that another
person's device was also
search. Kaplan acknowledged
that had been said, adding
that he didn't know who it
was. Video here,
Vine here.
Jump cut to 2 April
2019: "I was a
street drug dealer in
from of my building in
the Bronx," a defendant
told U.S.
District Court
for the
Southern District of
New York Judge
Paul A.
Engelmayer on
April 2.
Defendant Gonzalez
was pleading
guilty to a
lesser
included
charge, with a
guideline
sentence
of between 120
and 150 months
in jail. But
he won't be
sentenced
until July 11 at 2:30
pm, after the
Probation
Department
does its
interview and
issues a Pre
Sentencing
Report that
will remain
sealed until,
somehow,
Gonzalez
appeals. We'll
have more on
this - there
were no family
members in the
courtroom,
no media other
than Inner
City Press.
Less
than hour earlier when
Eldar Rakhamimov appeared
for sentencing for inflating
the number of Pepsi and Canada Dry
bottles
returned through his business in the
SDNY
courtroom of
Judge
Ronnie Abrams,
he had many of
his
employees and
family members
with him.
His lawyer
Tony Mirvis
pointed them
out, arguing
that if not
sentenced to
jail he could
pay
back the
$700,000 restitution
faster. But half of
the debt is to
the State of
New York;
recently Judge
Abrams
rejected just
such has
argument from
a medical
software
company executive
on tax fraud.
Here, Judge
Abrams went
below the 37
to 46 month guideline
sentence, to
15 months with
two
years of
supervised
released - the
books of his
recycling company
will be open -
and a
$15,000 fine. Two of
his employees
were asked to
take off their
caps by the
Court Security
Officers. The
prosecutor
said, It would
not be a bad
thing if his
company just
fell apart.
The case is US
v. Eldar
Rakhamimov,
18 – CR – 72
(RA) and on
May 2 Judge
Abrams held a
Curcio hearing
for a cousin of
Rakhamimov who
has the same
lawyer...
***
Feedback: Editorial [at]
innercitypress.com
SDNY: 40 Foley Square, Press
Room 20, NY NY 10007
Mail:
Box 20047, Dag Hammarskjold
Station NY NY 10017
Other, earlier Inner
City Press are listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2019 Inner
City Press, Inc. To request reprint or
other permission, e-contact Editorial
[at] innercitypress.com for
|