SDNY Crack
Defendant Smith Faced 87 Months But Got 72
Depression Air-Brushed in PSR
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
April 8 – Edgar Montes has
been indicted along with
defendants represented by
lawyers who previously
represented him, how ever
briefly.
On March
26, U.S. District Court for
the Southern District of New
York Judge Denise L. Cote held
a Curcio proceeding. Inner
City Press covered it.
Montes was
asked if he understood and
waived the conflict.
One of his
previous lawyers is quoted
that he "recalls the basis
facts underlying his
representation of Mr. Montes
but few details of their
privileged communications."
Montes
waived the conflict. His case
goes forward.
Meanwhile
co-defendant Ms. Tracey Smith
was sentenced in the same
overall case, on April 8.
Inner City Press covered it.
Judge Cote calculated the
guidelines at 87 to 108
months, and said the defense
asked for 30.
In its sentencing
submission, the defense noted
archly that "in a perfunctory
manner the PSR states that
Tracey was 'diagnoses with
depression' without
particularizing... 'she
attempted suicide by cutting
her risk."
Judge Cote
arrived at 72 months, followed
by three years of supervised
release.
The over-all case
is USA v. Disla, 20-cr-52
(Cote)
***
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