In
SDNY Elvin Maldonado Gets 66
Months For Selling Crack
Supplies To Gang Wrote Letter
to Judge Woods
By Matthew
Russell Lee
SDNY COURTHOUSE,
May 8 –
When Elvin
Maldonado came up for
sentencing on May 8 he faced a
guideline sentence of 70 to 87
months in prison as part of a
gang that sold crack in Hunts
Point in The Bronx. In the
courtroom of U.S. District Court
for the
Southern
District of
New York Judge
Gregory
Woods there
were family
and friends of
Maldonado,
some of whom
wrote letters
as
Maldonado did,
handwritten,
in the run up
to sentencing.
Judge Woods
quoted from
the letters,
how Maldonado
never
really knew his father;
he added from
the sealed Pre
Sentencing
Report that
Maldonado has
not seen
either of his own
two children since
2017 and owes
$20,000 in
child support.
The
government's
pitch, by
Assistant U.S.
Attorney Sarah
Krissoff,
was that
Maldonado had
in fact been
the supplier
of the Drug Trafficking
Organization,
bringing in
the ingredients
of crack. Ms.
Krissoff's
sentencing
submission
recounts that
"on or about
March 30, 2017, a
search warrant
was conducted
[sic] at
Maldonado's
residence. Law
enforcement
officers
recovered... 30
grams of
cocaine and
approximately
2.6 grams of
heroin, and
over $11,000."
Also,
"Maldonado was
intercepted on
the Title III
wiretaps in this case
discussing the
narcotics he
was supplying
to the DTO, as
well as the
payment for
those narcotics," citing the
sealed PSR at
Paragraph 12.
Judge Woods
read that
sentence,
including the
phrase
Title II, then
imposed a
sentence of 66
months. He
wished
Maldonado
well, and
received in return
thanks, from Maldonado
and from the
gallery. This
has all
happened
before.
Back on
April
15 in the same
overall USA v.
Palermo case
for Felix
Cordero Sr there
were
only Judge
Woods and his
deputy, a
court report,
the
lone
Assistant US
Attorney and
defense
lawyer,
Cordero, two U.S. Marshals - and
Inner City
Press. The
tale that
emerged what that
Cordero Senior
was previously
imprisoned for
conspiracy to
commit murder,
then for
trying to
sneak heroin
into jail,
then for
fleeing the
halfway house
to which
he was
assigned. He
then moved
back to Hunts
Point to
work for a
gang run by
his own son
Miguel
Ramirez. In a
reversal,
Felix Senior
took phone
calls for his
son, including
inquiries into
whether
his son had guns
for sale.
Later Felix
Senior was in
a car with a
Mr. Alicea, less
than 18 years
old at the
time, fleeing
the police. Alicea
threw drugs and a
gun out of the
moving car.
Judge
Woods went through
this history
in detail
before sentencing
Cordero Senior
to 120 months.
His lawyer
asked
that he be
assigned to
the same
prison as his
soon. Judge
Woods said
no, he would
not recommend
that. We'll
have more on
this sprawling
case.
As if in a
parallel
universe the
previous week
at sentencing
Will 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).
***
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