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By Matthew Russell Lee, Patreon X Substack

SDNY EXCLUSIVE, Dec 19 -  In the U.S. District Court for the Southern District of New York on November 17, 2022 a detention or bond proceeding was held by Magistrate Judge Jennifer E. Willis on a defendant charged conspiring to transport 200 kilos of narcotics cross-country to New York.

  Inner City Press was there, the only media in the Mag Court.

 The defendant, Christopher Burgos, had retained counsel, who argued that his client has a job driving trucks in airports and should be released.

  The prosecutor sought detention. But Judge Willis ruled that if a $100,000 personal recognizance bond is signed by three other people, including two family members (possibly including the wife from whom Burgos was said by his lawyer to be separated), he could be released.

He was. Jump-cut to August 16, 2023, when Burgos before Judge John P. Cronan sat at the defense table while his three co-defendants were in the jury box with US Marshals. Trial is set for January 29, 2024 - but issues have arisen about discovery being designated "attorney's eyes only," and defendant Bhupinder Singh Virk wants to argue for bail.

On August 28 he did, and Inner City Press was there - thread:

OK - now at bail hearing on Bhupinder Singh Virk in drug case. He offers up three homes as collateral; has asylum in US. He's from India.

Defense lawyer: My client is a Sikh & would be killed by BJP party police if he returns to India. He is a member of the MANN Party. He would not flee.

Judge: If he's convicted, would he lose his asylum status? Defense: Even with conviction he might not be removed

 Judge: But if he'd lose asylum if convicted, wouldn't that give him an incentive to flee now to a country other than India? Defense: He's never been anywhere but India and the US.

 Defense: He's been threatened and assaulted in MDC-Brooklyn [haven't heard that from SBF, only about no Adderall or vegan meals]. Stories coming

Judge: Virk will remain detained... US says he had ghost guns... He faces 188 to 235 months... He could lose asylum...

On November 20, responding to an order from Judge Cronan, the prosecutors put into the docket warrants and underlying affidavits for the phones of co-defendant Surinder Singh Cheema but withhold border inspection / CBP ROI and information from CS-1, citing a 2015 decision by then District Judge Alison J. Nathan...

Then co-defendant Bhupinder Singh Virk, a/k/a the Joker, indicted he would plead guilty, on December 6 at 1 pm.

On December 20, another plea: "Minute Entry for proceedings held before Judge John P. Cronan: Change of Plea Hearing as to Michael Gian William Habib held on 12/20/2023.  Defendant pleaded guilty to Count One of the Indictment. Sentencing set for March 19, 2024."

On January 5 it emerged that Burgos is set to plead guilty - with instant remand to be debated, seemingly in light of SDNY Judge Furman's decision in US v. Chavez: "Christopher Burgos's guilty plea hearing is scheduled for January 9, 2024 at 10:00 a.m. in Courtroom 12D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. See Dkt. 20. By January 8, 2024, at 3:00 p.m., the parties shall advise the Court, by joint letter or individual letters, of their views regarding whether Defendants remand will be mandatory in the event that he enters a guilty plea. See 18 U.S.C. § 3143(a)(2). The Court further respectfully reminds defense counsel that it expects counsel to prepare Defendant for the possibility of detention commencing at the end of the plea proceeding, in accordance with 6.B of the Court's Individual Rules and Practices in Criminal Cases (Signed by Judge John P. Cronan on 1/5/2024)."

On April 25 for his May 7 sentencing, co-defendant Surinder Singh Cheema wrote his own letter to Judge Cronan, including about books he's read in jail: "the books that helped me most were The Secret, Rich Dad Poor Dad, Monk Who Sold His Ferrari, The Four Agreements and the Magic of the Secret." He asked for 60 months - and to serve it in Canada.

On May 8, the US asked for 135 months on Cheema - then on May 25 supplemented that with new allegations of directly drug debt shooting in Toronto while in the MDC, upping their request to 25 years. Judge Cronan the same day docketed: "ORDER as to Surinder Singh Cheema. Defendant is ordered to advise the Court by the end of the day on Sunday, May 26, 2024, whether he objects to the facts asserted in the Government's instant submission, such that an evidentiary hearing is necessary. The Court is considering a sentence above the Guidelines range set forth in the parties' plea agreement. (Signed by Judge John P. Cronan on 5/25/2024)

Sentencing was set for May 28. On that day, given the new issues, delay: " Status Conference as to Surinder Singh Cheema held on 5/28/2024. The parties shall file status letters on or before June 14, 2024. An evidentiary hearing and sentencing are scheduled for July 1, 2024, at 10:00 a.m."

On June 4, the US Attorney's Office wrote in and asked for 30 years on Michael Habib.

On June 18, the US Attorney's Office asked for 210 months on Bhupinder Singh Virk on July 17.

Inner City Press went on July 17 - Singh Virk got 210 months, thread below then link to extra / Endless Sentences on Substack, here. Thread:

Judge: This involves 1086 kilos of meth...Mr Virk got US asylum in 2021 in San Francisco, California. AUSA: He knew his co-defendants were with a Canada-based drug gang... Defense: I object...

Judge: He had $500,000 in his apartment... AUSA: And a ghost gun in his Mercedes.

 Defense: We ask for 90 months. He's been in a country 8 years. But for the gun-

Judge: That's a big "but"

Singh Virk's lawyer: He has squandered his asylum and will be deported to India. The government  there opposes those of his religion and sent hitmen to kill such an opponent in the US, allegedly 

 AUSA: He may not be deported, could cite Convention Against Torture... [Judge takes break]

Judge is back. All rise! Judge: He moved 400 kilos of cocaine in boxes to a warehouse in New Jersey. He messaged on Signal about shipping "Winz" or meth, delivering it to Chicago

Judge: I sentence Mr. Virk to 210 months in prison.

On August 5, co-defendant Habib moved to enforce the plea agreement of 168 to 201 months - with the US now asking for 30 years.

On August 8, Cheema's Fatico hearing was pushed back to October 15: "as to (22-Cr-618-3) Surinder Singh Cheema, the request for an adjournment of the hearing pursuant to United States v. Fatico, 603 F.2d 1053 (2d Cir. 1979) currently scheduled for August 27, 2024 is granted. The hearing is hereby adjourned until October 15, 2024 at 10:00 a.m."

  Co-defendant Habib, with his own Fatico hearing set for October 7, had a pre-Fatico proceeding on August 21 which Inner City Press covered. The US Attorney's Office says Habib "participated in threats of violence against a confidential source working with law enforcement" and attempted to help "hitman evade Canadian law enforcement, which led to a plane crash that killed the hitmen, among others."

On October 7 Inner City Press attended the lengthy proceeding, from the thread:

on Habib, prosecutors says his guilty plea acknowledged his could get life in prison.

AUSA: Defense is claiming the government could not keep investigating after the guilty plea. That's not the law, at least in this Circuit.

Judge: You're saying it was more than 450 kilos of narcotics. But the plea agreement seems to prohibit adjusting up on that

 Defense: I'd like a break to discuss with my client. I'm loud - I'm from Brooklyn - so we'll leave the courtroom

Later on October 7, Cheema's lawyer wrote in to reiterate his request for 60 months on October 15.

But there was delay, and request for more delay. On Saturday October 26, Cheema's lawyer wrote in "to oppose the government’s request for an adjournment of sentencing and Fatico hearing. The government has had several months in which to prepare to attempt to prove the speculative accusations it made on May 5. With each adjournment and additional “investigation” supposedly intended to support their procedurally offensive accusations, the government, instead of simply withdrawing their attempt to prosecute a separate criminal conspiracy under the guise of U.S. Sentencing Guidelines or 18 U.S.C. 3553(a) factors, increases the practical burden on Mr. Cheema of disproving his involvement."

On December 12 Cheema's lawyer opposed the attempted upgrade of charges / Guideline, with this citation: "in US v. Carpenter (2d Cir. 1986) in a case argued by District Judge Jed S. Rakoff who was at the time a defense lawyer, the 2d Circuit reversed-in-part a conviction because it was charged as one conspiracy but the proof proved multiple conspiracies."

On December 9 for Burgos and his December 16 sentencing, the US Attorney's Office wrote in asking for 84 months. He got 54 months.

On December 19 in a day-long Fatico then sentencing with the courtroom full, Cheema was sentenced to 216 months; his lawyer said the MDC - and BOP more generally perhaps - did not respect his Sikh religion. He asked for Fort Dix.

Endless Sentences extra on Substack here and X for Subscribers here

Inner City Press will continue to cover the cases.

The case is US v. Burgos, et al., 22-cr-618 (Cronan)

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