In SDNY Judge Failla Gives
Kerron Jack Time Served Plus 30 Days As AUSA
Chan Runs To Remand Another
By Matthew
Russell Lee, thread, Patreon here
SDNY COURTHOUSE,
Oct 9 – When Kerron Jack came
up for sentencing on October 9
on a guilty plea to the lesser
included offense of
participating in a conspiracy
to distribute crack around Fox
and Leggett Avenues in The
Bronx, the US Attorney had
jacked up his recommended
guideline range from 24 to 30
months up to 27 to 33 months,
based on finding a youthful
offender time served
adjudication for drugs in
Queens County in 2002.
Both
Assistant US Attorney Andrew
K. Chan and Probation pushed
for the 27 months. But U.S.
District Court
for the
Southern
District of
New York Judge
Katharine Polk
Failla after
deliberating
imposed a
sentence of
time served
and 30 days.
The thirty
days, she
said, was for
the Bureau of
Prisons to get
its paperwork
together
including on
immigration.
Kerron Jack's
lawyer Jacob
Mitchell in
his sentencing
submission
said Jack
moved to the
US from
Trinidad at
age 11. What
will happen in
30 days is not
known, and was
not directly
addressed on
October 9.
Kerron Jack's
son was lively
in the
audience. AUSA
Andrew Chan
rushed across
windswept
Pearl Street
for the remand
by SDNY Judge
John G. Koeltl
of Adam
Phillips on an
alleged
Violation of
Supervised
Release. One
door opens and
another
closes. Inner
City Press
will remain
covering the
SDNY.
Back on August 23
while lawyers for President
Donald J. Trump and Congress
argued 11 stories above,
Salvatore Arena pleaded guilty
to three of four counts in a
tax and accounting office
scheme before Judge Failla.
The
government did not require a
guilty plea to Count Four,
aggravated identity theft. And
from a comment by his lawyer
Robert J. Feldman at the end
of the proceeding, thanking
Jarrod L. Schaeffer and
mentioning his client's
cooperation, it sounded like a
5K letter may be in the works.
In his
allocution Arena said he mind
was taken over by a woman, his
boss. Has he cooperated
against her? Watch this site.
Lawyers for Deutsche
Bank and Capital One resisted
saying whether or not they
have Donald J. Trump's tax
returned while repeatedly
questioned by Second Circuit
Court of Appeals Judges Jon O.
Newman and Peter W. Hall on
August 23.
Deutsche Bank's
lawyer tried to evade by
saying he'd be happy to have
that conversation with the
judges not in open court.
Judge Newman asked, Where
would that be? After the
Deutsche Bank lawyer said he
would only "explore" whether
to answer, and Capital One's
lawyer said he took the same
position, Judge Hall directed
the two banks to file a letter
in 48 hours with the answer.
It will be under seal.
Earlier in
the oral argument on Trump's
appeal of Judge Edgardo Ramos'
denial of a preliminary
injuction against the House
Financial Services Committee's
subpoenas to the banks,
Trump's lawyer Patrick
Strawbridge said the purpose
of the subpoenas is to
distract the President.
House
General Counsel Douglas Letter
cites as precedent Richard
Nixon voluntarily giving
Congress some of his tax
returns, and Bill and Hillary
Clinton's Whitewater
development information going
to Congress, albeit to a
special Whitewater Committee.
Judge
Debra Ann Livingston inquired
about the Intelligence
Committee subpoenas. While
that Committee might not make
whatever documents it gets
public, Letter made it clear
that the Financial Services
Committee probably would make
the documents public. Watch
this site. More on Patreon here.
Back on Mah 22
while the lawyers on Donald
Trump's bid for a preliminary
injunction after two House of
Representatives committees'
subpoenas argued and failed
before U.S.
District Court
for the
Southern
District of
New York Judge
Edgardo
Ramos, sitting
silent to the
side of the
courtroom were
the lawyers for
the two banks
that got the
subpoenas:
Deutsche
Bank and Capital
One.
Judge
Ramos asked
the two
banks' four
lawyers if
they wanted to
speak. They
did not. This
even as House
counsel
Patrick Strawbridge
detailed
Deutsche
Bank's long
history with
money
laundering
(and theft
during the
Holocaust,
which didn't
come up).
Capital One is
a rough,
too, on
predatory auto
lending and
the Community
Reinvestment
Act. But the
banks lay low.
Now
under Judge
Ramos' 25-page
ruling, which
he read out
over the
course of 40
minutes in
his courtroom
618 at 40
Foley Square,
the banks become
required to
respond to the
subpoenas
in seven days,
on May 29. That's
the time
during which
the House has
agreed
not to enforce
the subpoena,
and the time
during which
Trump's
lawyers seem certain to
file an appeal
and ask again
for a stay
from the Second Circuit
Count of Appeals higher
up, in both
senses, in 40
Foley Square.
After
Judge Ramos'
ruling Inner
City Press
sought left the cramped
jury box and
found itself
in the
elevator with
Patrick
Strawbridge
and his colleagues.
They quickly got
off, but
not uncivilly when
compared, for
example, to a
recent
organized
crime scion
leaving the
SDNY
Magistrates
Court on
the fifth
floor of 500 Pearl
Street.
Later still on
the steps
outside the
courthouse,
Inner City
Press asked
Strawbridge
how fast he
would appeal.
It's hard to
say with
these things,
he replied.
But an appeal
seemed
certain.
During the
proceeding, three
protesters
stood up holding
signs like
"Congress Has
A Right To Know."
This
happened in the
Second Circuit on August
23 as well. More on
Patreon here.
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
Box 20047, Dag Hammarskjold
Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2019 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com for
|