| Trial on Guns
Traffic from NC To NY Moved Fast
Rosario 168 Months US Asks 87 on
Pena
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Oct 22 – A man charged with
illegally transporting
firearms from North Carolina
by bus to 103 Canal Street in
Chinatown in Manhattan was
arraigned on August 27 before
U.S. District Court for the
Southern District of New York
Judge Denise L. Cote. Inner
City Press was there, the only
media in the courtroom.
Judge Cote
often moves comparatively
quickly to set trial dates.
But in this case the defense
lawyer said he has other
trials in early 2025.
So Judge Cote set
this one for mid-July 2025.
On July 11 the US
Attorney's Office, just before
trial, wrote in seeking to
preclude Pena from introducing
photos from the phone of Abel
Rosario, audio messages with
"Maritza Contrera" and texts
with "Darlimg Castro" (name
saved in his phone).
On July 15 the
AUSA had an agent read for the
jury the texts, including
showing attached photos of
hand guns and an assault
rifle. Judge Cote told the
jury that the evidence will
wrap up on June 16 - after
starting on the afternoon of
June 14...
On July 17, the
mixed verdict: "Jury Trial as
to (S2 24-Cr-497-2) Bianneury
Pena held on 7/17/2025. The
jury returned a verdict of
guilty on counts 1-3, and not
guilty on count 3(a).
Sentence date set for October
17, 2025 at 2:00 PM
On August
8, co-defendant and lead named
defendant Rosario asked for 27
months for a sentencing
scheduled for August 21 but
also said that a Fatico
hearing may be needed.
On August 14
Judge Cote docketed: "as to
Abel Rosario. Sentencing is
scheduled to occur on August
21, 2025... the parties shall
identify by August 15, 2025.
On August 15,
this: "The Government
respectfully writes in
response to the Court's Order
scheduling a Fatico hearing in
advance of the sentencing of
defendant Abel Rosario in the
above-captioned matter. (Dkt.
128). Given the prospect of a
Fatico hearing and the breadth
of the defendant's objections,
the Government respectfully
requests, with the consent of
the defendant, an adjournment
to Monday, August 18, to file
its sentencing submission....
ENDORSEMENT: Granted. The
defendant shall identify by
August 19 the issues that it
believes still require a
Fatico hearing. (Signed by
Judge Denise L. Cote on
8/15/2025)."
After that, on
August 20 "as to Abel
Rosario: it is hereby
ORDERED that the sentencing
scheduled for August 21 is
adjourned to Thursday,
September 18, 2025 at 11:00
AM. IT IS FURTHER ORDERED that
the defendant shall identify
any outstanding factual
disputes by September 5, 2025,
and any further Government
submission shall be filed by
September 12, 2025
On September 5
defense counsel wrote in
again, upping its sentencing
request to 41 months.
On September 15
Judge Cote asked to be
provided information: In
anticipation of the sentencing
of September 18, 2025 of
defendant Abel Rosario, it is
hereby ORDERED that the
Government shall promptly
produce to the Court copies of
the photographs, videos, and
messages appearing on
Rosario's cellphone on which
it is relying to support its
Sentencing Guidelines
calculation. (Signed by Judge
Denise L. Cote on 9/15/2025)
He was sentenced
to 168 months: "as to Abel
Rosario (1), Count(s) 1, 2, 3,
Dismissed; Pleaded guilty to
Count(s) 1s, 2s, 3s,
Imprisonment for a total term
of 168 months on each count,
to run concurrently.
Supervised release for a term
of 3 Years. The court makes
the following recommendations
to the Bureau of Prisons: that
the defendant be designated to
a facility as close to the New
York City area as possible.
Special Assessment of $300
which is due immediately.
(Signed by Judge Denise L.
Cote on 9/19/2025)
On October 17
counsel to Pena asked
for "just under 60 months"
with sentencing set for
October 24.
On October 22 the
US Attorney's Office asked for
87 months on Pena.
The case
is USA v. Rosario, et al.,
1:24-cr-497 (Cote)
***
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