After Serving 195 Months
With Pouch Capalbo Gets Time Served From SDNY
Judge Preska
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
May 6 – Angelo Capalbo was up
for re-sentencing on May 6
before U.S. District Court for
the Southern District of New
York Judge Loretta A. Preska.
Inner City Press covered
it.
Capalbo has already served 195
months in prison. He told
Judge Preska, amid the
Coronavirus pandemic, "I'm
trying to stay alive."
After the Supreme Court's
decision in US v Davis, his
remaining sentencing was up
for being reduced. But how
much?
His
Federal Defender said, We are
asking for time served. These
195 months have been harder
than the sentencing judge
could have imagined, and
probably intended. There was
an emergency surgery, 16 hours
long. He needs a lower bunk,
he's a care level 3
inmate.
Capalbo spoke for himself. He
said he has a "pouch." Says he
hasn't had any major problems
while doing his time, "with
honor."
Assistant US
Attorney Bhatia said, The
sentence is still warranted.
It would be worthwhile to put
on the record that the
defendant consents to
proceeding this way.
Judge Preska said, Mr. Capalbo
has, in his words, served his
sentence honorable, no major
disciplinary issues. And his
health conditions have changed
dramatically. He's 60, which I
consider relatively young (it
was on the phone, but Inner
City Press imagined and
imagines her smiling) but his
issues are serious. So, time
served.
AUSA Bhatia insisted, The
court should still impose the
$500 special assessment, and
the $25,000
fine.
His Federal Defender said, He
already paid $600. And on the
fine, no interest.
Capalbo said, I will pay in
installments, I'm not fighting
that. With honor, indeed. The
case is US v. Capalbo,
02-cr-1237 (Preska).
***
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