| After Armed Robbery of Smokeshop
Morgan Sought Program Now US Asks for 41
Months
By Matthew
Russell Lee, Patreon Maxwell
Book
SDNY COURT
EXCLUSIVE, Nov 19 - In
the U.S. District Court for
the Southern District of New
York on December 22, 2022 a
bail or remand proceeding was
held by Magistrate Judge
Gabriel W. Gorenstein on a 19
year old charged with armed
robbery of a smokeshop in The
Bronx on May 8, 2022 -- and
with having a gun in his
bedroom.
Inner City Press
was present, the only media in
the Mag Court. Related
Mag Court live-tweeted
thread (more on Patreon
here)
vlog here
Counsel
for defendant Edwin Pozo said
his client's father is a
porter, who would sign a bond
for his son. Counsel for a
co-defendant argued that under
recent decisions in the
Second, Fourth and Eleventh
Circuits, Hobbs Act robbery
might no longer be deemed a
crime of violence.
But Pozo
was ordered detained, with a
next proceeding before Judge
Buchward to whom the case was
belatedly wheeled out.
Now there's a
separate but
related story
about his
co-defendant
Jerimiah
Morgan, below.
On March 2, 2023
Judge Buchwald held a
proceeding on the three
defendants - Pozo still in
detention, the other two not -
and Inner City Press was
there.
The Assistant US
Attorney mentioned a fourth
defendant, Ebrima Darbo, who
pled guilty before Judge
Abrams.
On May 11, 2023,
Edwin Pozo pleaded guilty; his
sentencing is set for October
19 at noon.
The overall case
had a conference scheduled for
August 22 at 11:30 pm. Inner
City Press, and found counsel
and client in the hallway but
the courtroom locked.
On October 12,
the US Attorney's Office asked
that Pozo be sentenced to 41
to 51 months in prison when he
is sentenced on October 19.
On October
19,2023 Edwin Pozo was
sentenced to 36 months or
three years in prison:
"Sentencing held on 10/19/2023
for Edwin Pozo (2) Count
1. The Court sentenced
Defendant to 36 months; three
years supervised release
subject to mandatory,
standard, and special
conditions; and a $100 special
assessment."
On January 4,
2024, co-defendant Morgan was
due before Judge Buchwald at
10:45 am. But he is in school
- he texted his lawyer Sabrina
Shroff, who conveyed that to
Judge Buchwald and waived her
client's appearance.
Shroff argued
passionately that a diversion
program for young adults, even
in gun cases, should exist.
Judge Buchwald said that at a
gun, a line may be drawn.
Shroff described the EDNY's
POP program. It appeared that
the gun made the SDNY's Young
Adult Opportunities Program
inaccessible. Shroff said,
let's try - remember that
Justice Scalia wrote Booker
[which found sentencing
guidelines merely advisory].
Otherwise, Shroff said, these
young people will just be back
on Felon in Possession
charges.
Judge Buchwald
seemed to say, That's their
choice. The next date,
which Judge Buchwald called
"put up or shut up," is
February 13 at 2 pm, after
Morgan gets out of school.
On January 11 for
co-defendant Angel Hernandez,
the US Attorney's Office asked
for 24 to 30 months, stating
that he "was 18... He was not
a child, he was an adult."
On January 24,
Hernandez was sentenced to 18
months: "Judgment in a
Criminal Case as to Angel
Hernandez - Imprisonment:
eighteen (18) months.
Supervised release: three (3)
years. The defendant shall
surrender for service of
sentence at the institution
designated by the Bureau of
Prisons before 2pm on
3/28/24. (Signed by
Judge Naomi Reice Buchwald on
1/25/24)."
Jump cut to
November 19, when on Morgan
the US
Attorney's
Office asked
for 41 months
on December 3.
This case is US
v. Morgan, et al., 22-cr-702
(Buchwald)
***
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