| Amid Covid In Person
Sentencing of Gun Seller Fermin Is One Year
From SDNY Judge Rakoff
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
Feb 17 – Juan Fermin was
released on bail on charges of
firearms trafficking in
January 2020, before the
declared Coronavirus
pandemic.
But on March 24
U.S. District Court for the
Southern District of New York
Judge Jed S. Rakoff was
informed of Fermin's alleged
violations of conditions of
release, including "overnight
departures from his residence
and non-responsiveness to
Pretrial Services."
Now on
February 17, in a rare
in-person proceeding, Fermin
came up for sentencing on the
underlying gun selling charge.
Judge Rakoff wore a mask and
Fermin's family and
supporters, a half a dozen,
sat in arm chairs where the
gallery benches used to be.
Inner City
Press went to cover it, and
sat in an arm chair in the
back. Judge Rakoff listened to
the arguments and then imposed
a sentence of 12 months
imprisonment, then three years
of supervised release. There
was a brief colloquy about
juvenile or youthful offenses,
and then it was over.
The case
is US v. Ferman, 20-cr-148
(Rakoff)
Back on
April 2 Fermin and his Federal
Defender belatedly appeared
for a bail hearing before SDNY
Magistrate Judge Sarah L.
Cave. Inner City Press was the
only media covering it that
day - and on April 23, and
again on June 23, see below.
The Federal
Defender said Fermin will
remain in his house in
Patterson, New Jersey but
asked that he be allowed to go
to a paved backyard behind
it.
Judge Cave
agreed that Fermin can go out
to his yard between 12-1 pm
and 4-5 pm, and nowhere else
without authorized by Pretrial
Services.
Jump
cut three weeks forward, a
hearing was held by Judge Cave
on a report by Pre-Trial
Services "Intensive
Supervision Specialist"
Bernisa M. Mejia that Juan
Fermin on April 17 left the
house, not just the backyard,
at 10:22 am and did not return
until 3 am.
His
Federal Defender said Fermin
was distraught at the death of
a friend and went to a music
studio. (Echoes of #6ix9ine,
who on April 23 after for two
hours a week in his backyard,
to make music videos as Inner
City Press first reported here).
Judge Cave
offered condolences but said
many are facing death of
friend these days of pandemic.
She told Fermin if he violates
his conditions of release
again she will sign an arrest
warrant. He said he
understood.
In May
Probation again requested
direction. Judge Cave said a
hearing was not needed, but in
writing reminded Fermin "that
he is only permitted to visit
his backyard during two
one-hour periods previously
set by the Court."
On June
23, another hearing. Fermin's
Federal Defender said it
wasn't like he went out on the
town in New York. Judge Cave
said this was a final warning.
Now on
January 12, another VOSR
hearing, before Judge Rakoff.
He ordered Fermin detained
starting January 13 at 11 am,
and noted that whatever time
he serves, he'll get credit
for.
The case
is US v. Fermin, 20-cr-148
(Rakoff / Cave).
***
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