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On Gang Member Commuting from The Bronx to LES to Sell Crack US Asks for 84 Months

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 12 – Muhammad Garcia was arrested last week on Clinton Street on the Lower East Side with a gun and crack for sale. He was targeted for a search due to being on a scooter without a license plate. 

  On September 18, 2023 Garcia was before U.S. District Court for the Southern District of New York Magistrate Judge Jennifer E. Willis. Inner City Press was there, the only media in the SDNY Mag Court.

  The AUSA said Garcia is a gang member who lives in The Bronx and goes down to the Lower East Side to "trap" or sell drugs.

The Federal Defender said he could live in Queens, under home detention. He acknowledges this is probably "only a suppression case," that would ride on challenging the basis for the search. 

 Judge Willis said that given the high penalties that attach if suppression doesn't work, she would detain Garcia.

On October 30, the case was indicted and assigned to still new District Judge Dale E. Ho.

On April 12, 2024 before Judge Ho, Garcia pled guilty to Count 1.

On October 31 Federal Defenders wrote in noting that Probation recommends 54 months, below the Guidelines, on November 14.

On November 12, apologizing for untimeliness, the US Attorney's Office wrote in asking for 84 months.

 The case is USA v. Garcia, 1:23-cr-558 (Ho)

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