In
SDNY Richard Rolon Gets 27
Months After Fired Gun on
Walton Ave in The Bronx and
Pro Bono Lawyer
By Matthew
Russell Lee, Periscope video
SDNY COURTHOUSE,
May 6 – On Walton Avenue and
182nd Street in The Bronx on
September 11, 2018 Richard
Rolon fired a gun, twice, at a
man he said had threatened his
mother. On May 6, Rolon
appeared for sentencing before
U.S. District
Court for the
Southern
District of
New York Judge
Ronnie Abrams,
represented
not only by
the Federal
Defenders but
also Tobias
Fischer of
Allen &
Overy LLP,
argued for a
sentence of 18
months.
Judge Abrams
said she'd
seen the video
of the
shooting, that
she was not
unsympathetic
to the
difficulties
of Rolon's
youth and the
problems he
had
encountered in
The Bronx, but
that firing a
gun in the
middle of the
street, in the
middle of the
day, was
serious. She
sentenced
Rolon to 27
month in
prison and
three years of
supervised
release. She
said, I say
this a lot but
you don't have
to be defined
by your worst
moment. True.
The case is
USA v. Rolon,
18-cr-705
(RA).
Defendant Jesus
Lopez walked into the SDNY
courtroom of Judge Valerie E.
Caproni to be sentenced on May
1 for driving 10 kilograms of
cocaine from California to New
York.
He was
wearing a suit; he had been
allowed out on bond while
awaiting sentencing due to his
mother having Stage Four
cancer. Before the sentencing
he uploaded a video directed
at Judge Caproni but still
online as of this writing on
Vimeo, here.
The
courtroom was full, with two
U.S. Marshals in the back row,
and the two front rows, Inner
City Press was later informed
by a participant in the
proceeding, filled by judges
from China. Lopez' lawyer Jeff
Greco argued in his sentencing
submission for time served,
essentially one month.
But Judge
Caproni, after asking
Assistant U.S. Attorney Nathan
Rhen why the government wasn't
seeking forfeiture of the
truck Lopez used to drive the
drugs - "there's a lot of
equity in there," she said --
looked sternly at Lopez.
Judge Caproni was not
impressed by Lopez' statement
that he took drugs because he
was bored, that boredom was
one of his triggers. She said
she did not believe that he
had only agreed to drive the
drugs in order to feed his own
habit. First she sentenced him
to 60 month, five years, in
prison.
Then as
the U.S. Marshals rustled in
the row behind Inner City
Press, she said she would be
remanding Lopex into custody
today. Right now. Her
courtroom deputy handed the
Marshals an order to that
effect.
Defense attorney Greco said
that Lopez' mother could die
at any time, and that the
Bureau of Prisons would be
unlikely to let him out to
attend her funeral. Judge
Caproni said there was no way
to know when his mother would
die, and that she had allowed
him to remain out on bond
pending sentencing so he could
spent time with her. The
Chinese judges sat as Jesus
Lopez took his wallet out of
his pants and put his hands
out for shackling.
A well known
courtroom
artist in the
SDNY has told
Inner City
Press about
the time she
managed to
sketch a
similar remand
of a higher
profile
defendant,
Bernie Madoff.
But there was
no artist
present for
the remand of
Jesus Lopez,
and cameras
are not
allowed - only
this article.
The case is U.S.
v. Lopez,
part of the
larger
conspiracy
prosecution U.S.
v. Soto et al.,
18-cr-00282
(Caproni).
Notably one
floor above in
40
Foley Square,
a man who pled
guilty to
stealing $7
million in
Medicare and
Medicaid fraud
has had his
sentencing
delayed for a
year already,
and perhaps
another year,
so that his
wife can
finish a
medical
residency
program. That
case is U.S
v. Javed,
16-cr-00601-VSB.
Unlike the
unpublicized
case of Jesus
Lopez,
the Office of
the US
Attorney for
the SDNY
announced the
Javed
sentencing to
the press (but
not its
subsequent
deferral).
Click here
for that
story.
Which approach
is the right
one? How can
these
disparities be
explained?
These are
among the
questions that
Inner City
Press will be
pursuing, in
the SDNY.
Watch this
site, and the
new @SDNYLIVE
Twitter feed.
Background: Even
in Judge Caproni's courtroom,
there are more positive or
lenient stories. When Todd
Howe, who pled guilty in the
New York State corruption
case(s), came up for
sentencing on April 5, Judge
Caproni was
told that Howe
is now working
more than 12
hours a day in
Idaho, on ski
slopes and now
a golf course.
After his
guilty plea he
had been
remanded to
the
Metropolitan
Correctional
Center when he
disputed to
Capital One
some credit
card charges
and the
government
believed it to
be another
attempted
fraud.
With
him out of MCC
for seven
months, Judge
Caproni said
it may have
just been a
mistake. She
put off
sentencing
Howe, instead
putting him on
five years
probation. If
he "stays
clean" during
that time, it
all goes away.
If not, he
faces serious
time.
In the
elevator down
after Howe's
lawyer, in
what she
called her
last criminal
sentencing,
said Howe
still respects
government
service after
his lobbying
career
meltdown,
Inner City
Press asked
Howe what he
thought for
example of
congestion
pricing. He
laughed and
said it is not
needed in
Idaho.
Meanwhile a
shackled
prisoner Jones
was led into
Judge
Caproni's now
empty
courtroom to
plead guilty
to selling
crack in The
Bronx and
hiding a gun
after a 1999
felony
conviction.
That
sentencing is
set for August
1. Inner City
Press and @SDNYLIVE will be there.
***
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