| Charkeem
Payne Cited Pending Legislation on Crack
Ratio Now Livingston Gets 100 Months
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Sept 22 – Charkeem Payne was
charged as part of a narcotics
conspiracy, specifically to
sell crack.
On September 2,
U.S. District Court for the
Southern District of New York
Judge Denise L. Cote got a
letter seeking a delay in
sentencing in light of pending
legislation that, like this
case, Inner City Press
is covering.
Payne has
a sentencing set for September
17. But his lawyer, as well as
travel, cites DOJ's statement
to the Senate Committe[e] on
the Judiciary on June 22, 2021
on "Examining Federal
Sentencing for Crack and
Powder Cocaine."
On September 3,
Judge Cote denied it: "The
request to adjourn the
September 17 sentencing is
denied. The deadline for the
defendant's sentencing
submission is adjourned to
September 13. The Government's
submission shall be due
September 15. (Signed by Judge
Denise L. Cote on 9/3/2021)."
But when
the sentencing proceeding
began on September 21, and
Inner City Press covered it,
it was not consummated.
Payne's lawyer insisted that
his client only sold crack
after he lost his job in 2019,
not the time frame the
government alleged. Judge Cote
said a Fatico hearing may be
needed and asked for
submission on the issue. The
sentencing was not concluded
on September 21.
But on
September 22 in the case
overall case, Judge Cote did
sentence co-defendant Derek
Livingston. The prosecutor
described him as carrying a
gun in a black plastic bag.
The defense painted a
different picture. Ultimately
Judge Cote sentenced
Livingston to 100 months,
followed by three years of
supervised release.
Watch this site.
As
noted about this case in
January, while one of his
co-defendants is seeking to
suppress evidence of
conversations intercepted
through Title III wiretaps,
Stewart pleaded guilty.
Then there was
reference to a previous
request to have the Bureau of
Prison deal with an issue
involving medical
undergarments, which BOP still
has not done. A medical order
was requested.
The case is US v.
Disla, 20-cr-52 (Cote)
***
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