SDNY COURTHOUSE, Feb 24 – Ready to plead
guilty to having a gun in front of 951 Hoe Avenue in The
Bronx after conviction for a felony, a defendant stopped
short on the issue of detention immediately after the
plea.
U.S. District Court for the Southern District
of New York Judge Paul G. Gardephe said even if he did not
apply mandatory detention, he was concerned about the
defendant's prior nine year sentence for assault, combined
with this. It seemed he might order the defendant detained
even if not under the mandatory standard.
The Federal Defender said let's delay then. His brief is
due on March 9, the US Attorney's Office's brief is due
March 16 and sentencing will be March 30 at 2 pm. The briefs
will address, again, whether felon in possession of a
firearm is a crime a violence. Inner City Press is covering
the issue, and the case.
The case is USA v. Profit, 1:25-cr-672 (Gardephe)