| Guilty In
Trial for Bid to Bring Ammo
Into SDNY so Year of Weekends
in Halfway House
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Dec 2 – A man previously
convicted of a felony was
arrested and charged with
trying to bring ammunition
into the U.S. District Court
for the Southern District of
New York.
On May 13
his Federal Defender opposed
the prosecutors' proposed
restriction on how he can use
discovery material, including
video of the security
arrangements in SDNY. Inner
City Press was there,
tweet.
Judge Rakoff heard from other
sides about the protective
order, then asked for two
letters on it, say he will
rule before the deadline for
discovery. At the next
conference, he said, he will
set a trial date.
The
AUSA disclosed that he had
clerked for Judge Rakoff, who
officiated over his wedding.
Judge Rakoff said he will not
socialize with his former
clerk during this case - and
joked that after he rules, the
prosecutor may want to never
speak with him again.
On May 15 the US
Attorney's Office submitted
its proposed order that the
discovery material not be
"posted online or disclosed to
the media," arguing that the
videos could reveal the
location of cameras and other
members of the public whose
business at the courthouse
could be sensitive.
Of course, they
could be filmed coming into
the courthouse.
On May 19 the
Federal Defender made this
point, and cited a Judge Ho
decision - but agreed that
some video should not be put
on the internet or shared with
the media.
On May 21 Judge
Rakoff upheld the protective
order: "the Court finds that
the Government has
satisfactorily demonstrated
good cause because of the
sensitive concerns raised by
this case's close connection
to courthouse security. If
defense counsel later believes
that the restrictions as to
any particular discovery i
tern impose a significant
burden on Mr. Banyan or are
otherwise not justified by the
aforementioned security
concerns, counsel may
separately apply to the Court
for relief. Subject to this
limitation, however, the
Government's motion for a
protective order is granted,
and the requested protective
order will be signed and filed
simultaneously with this
Order." Even as to video of
those entering the courthouse?
On July 22 during
the trial, the Deputy US
Marshals was on the stand,
cross examined by the Federal
Defender about crossing from
40 Foley to 500 Pearl, then
going to two addresses in
Brooklyn. The cross was
repeatedly punctuated by
sidebars.
On July 23 Inner
City Press went to cover the
charge conference. On the
question of venue - seemingly
a no-brainer - the Federal
Defender would not waive the
instruction, noting a Fourth
Circuit case requiring that
the act (in the District)
constitute the crime and not
merely be in furtherance of.
Judge
Rakoff quipped, What if a
defense came into the
courthouse and stabbed my
favorite reporter [he has said
this before, this was an
appreciated joke] and the
reporter ran over the Brooklyn
Bridge where he was really
murdered, no venue in SDNY?
The
Federal Defender said the
first stabbing would be
criminal. But what if the
charge were murder, Judge
Rakoff asked. What indeed.
Closings were on July 24 - and
guilty verdict, after two
hours of jury deliberations:
"At 2:13 the jury retires to
deliberate after marshal is
sworn. At 4:16pm,after due
deliberation, the jury returns
a verdict of guilty.
Sentencing is set for
12/1/2025 at 11:00am."
On November 24
the US Attorney's Office wrote
in asking for 18 months.
In December,
"Judge Rakoff held the
sentencing. On count 1: Three
years Probation, including one
year of weekends in a halfway
house, $100 assessment."
The case
is USA v. Banyan, 1:25-cr-208
(Rakoff)
***
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