| Kidnapping Defendant Zhen
Freed For $75000 Now US Wants 135 Months For
Co-Defendant
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Nov 30 – Dacheng Zhen,
described as a "money
laundering broker involved in
the laundering of narcotics
proceeds" retained counsel to
try to get released from jail
before U.S. District Court for
the Southern District of New
York Magistrate Judge Freeman,
in a telephone proceeding amid
the COVID-19 pandemic, in May
2020.
Inner City Press called in and
when asked identified itself:
"Inner City Press, not a
participant."
Dacheng Zhen's
retained counsel had filed a
20-page motion seeking
release. Judge
Freeman asked Pre-Trial
Services what they can do,
generally, these days.
The PTS
Officer replied, We have
substituted virtual visits for
some home visits. But we still
impose home
incarceration.
Judge
Freeman followed up, Is this
defendant currently in
quarantine?
Assistant
US Attorney Sheb Swett said, I
don't know.
Judge Freeman: When could
Pre-Trial fit him with a GPS
bracelet? If he has a fever?
Would Pre-Trial not fit him?
The
PTS officer answered, We don't
do it right away. Pre COVID,
we would require 48 hours to
do a home visit and install
equipment, before releasing
someone.
Judge
Freeman said, Thank you for
all that. Now, let's hear the
arguments. Why does the US
think continued detention is
appropriate?
The AUSA
said, He was arrested in
California. There was a
contested proceeding there.
Here, all of his three
co-defendants have made
COVID-related applications.
This was an attempt to take
100s of 1000s of dollars with
extreme
violence.
Jump cut to
September 16, 2021 on
co-defendant: "JUDGMENT IN A
CRIMINAL CASE as to Walkin
Francisco Arias Villar (4).
THE DEFENDANT: pleaded guilty
to count Count III. Any open
Counts are dismissed on the
motion of the United States.
IMPRISONMENT: One Hundred
Twenty (120) Months on Count
III. The court makes the
following recommendations to
the Bureau of Prisons: That
the Defendant be designated to
FCI Danbury, in Danbury CT.
SUPERVISED RELEASE: Three (3)
Years. See SPECIAL CONDITIONS
OF SUPERVISION. ASSESSMENT:
$100.00 due immediately.
RESTITUTION: $36,150.92 due
immediately. Name of Payee:
**UNDER SEAL**. Joint and
Several: 20cr56 USA v. Zhen et
al. All co-defendants, #s 1,2,
and 3. (Signed by Judge Paul
A. Crotty on 9/15/2021) (ap)
Now co-defendant
Edward Hernandez is up for
sentencing on December 2, and
the US Attorney's Office is
recommending 135 months. The
defense says the guidelines
overstate his role; they ask
for less time.
Back in May, 2020
Judge Freeman ruled:
Defense Counsel Barry S. Zone
(Retained). BAIL DISPOSITION:
$250,000 PRB; 8 FRP; Secured
by $75,000 cash; Surrender
travel documents (& no new
applications); Pretrial
supervision as directed by
Pretrial Services; Home
incarceration; Electronic
monitoring; Defendant to pay
all of part of cost of
electronic monitoring, as
determined by Pretrial
Services; Defendant not to
possess firearm/destructive
device/other weapon; Defendant
to be detained until all
conditions are met. -
Defendant to refrain from
contact, direct or indirect,
with codefendants, with
individual identified by gov't
as unindicted co-conspirator,
and with victim. - Defendant
to obtain a cell phone for the
purpose of allowing PTS
supervision, as directed by
PTS, and not to use the phone
for any other purposes, except
for contact with counsel, the
Court, parents and siblings,
fiancee, medical providers,
and emergency services.
Defendant to permit random
checks of his phone by PTS.
Defendant not to use any other
phone. - Defendant not be be
released until 5/18/2020 at
the earliest to allow for
potential appeal."
We aim to have
more on this. The case is US
v. Zhen et al., 20-cr-56
(Crotty / Freeman).
***
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