| As Bronx Drugs and
Guns Case Moves to Trial DOJ
Mulls Appeal Now Co-D Gets 12
Years
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Aug 30 – Bruce Silva, Elijah
Pough and others were indicted
in a Bronx drugs and guns
(shooting) case.
On July 19, 2024
Bruce Silva's motion to
suppress the search of the
blue iPhone he had on him at
the time of his arrest was
granted, on the ground that
the warrant did not show any
nexus between the phone and
the indicted
crimes.
With the case set
for trial beginning October 7,
on July 26 co-defendant Pough
appeared before U.S. District
Court Judge Paul G. Gardephe.
Inner City Press was
there.
Judge
Gardephe had appointed Pough
his third CJA lawyer, who said
he will be ready to go on
October 7 (and might write it
seeking a second chair).
Then the
prosecutor put on the record
that his Office is considering
an interlocutory appeal of the
decision to suppress. "We'd
have to ask Main Justice," he
said.
Judge
Gardephe reminded the
prosecutor that he had been
Chief of the Appeal unit.
He asked to be
told soon if there will be an
appeal.
On August 2
co-defendant Saleh who pled
guilty asked for 30 months on
August 22 at 3 pm, noting he
came from Yemen seeking a
better life but ended up
working in a convenience store
14 hours a day and living in
the basement.
On August 9, the
US Attorney's Office wrote in
on Saleh asking for 63 months,
the top of the Guidelines
saying he allowed his two
stores to be used.
On August 20, the
US Attorney's Office wrote in
again, this time on
co-defendant McBride, asking
for "at or near 168 months'
imprisonment" on August 27.
On August 22,
co-defendant Saleh was
sentenced to 51 months.
On August 23, the
US Attorney's Office wrote it
to request 57 months on
co-defendant Emmanuel Perez
when he is sentenced on August
29.
On August 27,
co-defendant McBride was
sentenced "to five years'
imprisonment on Count One and
five years' imprisonment on
Count Twenty, with those terms
to run CONSECUTIVELY."
On August 28,
co-defendant Ballester, who
wanted three years, was
sentenced to five.
On August 29
co-defendant E. Perez was
sentenced to three years.
On August 30,
co-defendant Jordan Bennett
got much more: 12 years.
The overall case
is US v. Silva, et al.,
23-cr-204 (Gardephe)
***
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