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By Matthew Russell Lee

SDNY COURTHOUSE, April 29 – There was a downward departure from the Federal sentencing guidelines on April 29 by U.S. District Court for the Southern District of New York judge Ronnie Abram before she sentence Kevin Bodley of The Bronx to 46 months in prison. The issue arose because his previous violations involved marijuana, which was also involved in the conspiracy he pled guilty to.

There was a dispute whether it was he who used the gun, or was simply aware of the gun. Judge Abrams said she would hold a so-called Fatico hearing if requested, but that delay was not triggered. Nor did the government ask for a day to respond to the downward departure from a guideline of 53-61 months to 46-57. Judge Abrams after a short break imposed 46 months and told Bodley to go back to school for computer science and even continue songwriting, something his lawyer mentioned. A song about the history of the Fatico proceeding, back to Roy Cohn and the EDNY, might be something.

On April 26 a 19-year old was sentenced to four years in Federal prison, with his parents in the largely empty SDNY courtroom where Elon Musk appeared back on April 4 to oppose an SEC motion that he be held in contempt for his tweets about 500,000 Tesla cars.

Corey Samerson's crime spree, as it was described, began with by stealing a car in Suffolk County which happened to have a pistol, a Glock 9, in it. He then used to gun to rob clothing stores of cash, in one ordering the sales clerk to hand over his smart phone and password. Finally he was chased in the Marcy Avenue J train station in Brooklyn and dropped the gun, captured on video. He was arrested and under the Federal sentencing guidelines faced 87 to 108 months.

   But Assistant US Attorney Matthew Hellman said this was a hard case, as he has gotten to know Sameroon as "affable and funny." His Federal Defender lawyer Amy Gallichio argued for 30 months, noting that most of his criminal history points came from marijuana.

SDNY Judge Alison Nathan seemed to agree that a criminal history rating of 3 overstated things, but inquired with both lawyers about infractions since incarceration. Ms. Gallichio said these have been non violence, like not obeying Get off the phone or Get back in your cell. She said there is no mental health care in the MCC. She added that in the courtroom was a relative of Samerson who works where she used to, at Bronx Defenders.

  Samerson himself spoke, apologizing to his family and saying he wished they were seeing him going to college, or buying his first house. He said he just wants to take care of his daughter and have his family in the future witness better things than this. Judge Nathan recounted the 3553a factors and imposed a sentence of 48 months, followed by three years of supervised release. She wished Samerson well, and it was over.

  Back on April 4 after nearly two hours of argument the SEC and Musk's lawyers were directed to negotiate for at least one hour in the next two weeks and try to reach a settlement. U.S. District Court for the Southern District of New York Judge Alison Nathan admonished the SEC for not having negotiated enough before "running into court and saying the sky was falling," as Musk's lawyer put it. Another member of Musk's team, whom Inner City Press in the courtroom dubbed Mister Slick, moved to sit between Musk and the podium and passed a note. Afterward Musk jumped into a Tesla with no front place waiting in Foley Square and sped away. Inner City Press recorded a Periscope video (here) and headed back into the courthouse.  Watch this site. As a class action lawsuit against BHH's rodent repellers creeps toward trial or settlement, on April 1in the the U.S. District Court for the Southern District of New York Judge William Pauley heard arguments and ruled on no fewer than 14 motions in limine. There were nine from the class action plaintiffs, mostly successful, and five from the defendant, most unsuccessful.

During the three hours of argument, Judge Pauley said today is not the day to admit anonymous customer reviews from Amazon.com from the likes of "TaterSpud59" (whom he referred to as Tater Tot), and said that FTC press releases dubious about repellers will or would be admissible at trial, with a possible limiting instruction.

There was discussion of experts including a Michigan State University protocol which Judge Pauley shot down, adding that after MSU's victory over Duke, he is not disposed toward them. Judge Pauley took more time listening to arguments than many other judges would, and said he said spent the rainy Sunday - on which Duke was eliminated from NCAA March Madness - to read all of the papers. The sense, after the mouse motion marathon, was that the plaintiffs are in the driver's seat, and that the case may settle. There is a mediation scheduled for April 9 before Hon. John S. Martin (Ret). But Inner City Press will be cover it and what happens in the SDNY either way. The case is Hart, et al. v. BHH, LLC d/b/a Bell + Howell, et al., 15-cv-04804; class counsel is Yitzchak Kopel  and BHH is now represented by Quinn Emanuel We were also at Judge Pauley's courtroom on the news there would be a proceeding in US v Genovese, a hedge fund fraud prosecution. But it was not there - once we left the courtroom and retrieved electronics, we were able to ask and learned Genovese was adjourned to April 10. We'll have more on this.  Back on February 15 when Gustavo Salvador pled guilty to selling oxycodon in The Bronx before SDNY Judge Paul A. Engelmayer, his two lawyers tried to argue for a suspended remand based on the cold in the MDC Brooklyn. Judge Engelmayer turned them down saying he had personal knowledge that the heat was back on; not surprising. Surprising, though, was that a Bronx oxy dealer was represented by the white shoe Goodwin Proctor law firm. Was it pro bono? Their representation goes back at least until Thanksgiving, before the MDC Brooklyn conditions became public. In the audience, a young child then a baby cried. The volume of oxy pills was in the thousands, according to the indictment. The sentencing guidelines run from 57 to 71 months. Judge Engelmayer said he said something else on his schedule coming up, should the sentencing be rescheduled? It went forward. Goodwin Proctor. Later on February 15: on East 104th Street in Manhattan last April 24, multiple gunshots to the chest killed 17-year old Samuel Ozuna. A week later, 24-year old Gary Turner was arrested and charged. When Turner on February 15 changed his plea to guilty in the U.S. District Court for the Southern District of New York, Azuna's family members sat on one side of the courtroom. On the other, separted by security officers, were supporters of Turner. In the back, the only media in the room, was Inner City Press.