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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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