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Asylum Seeker from Guatemala Indicted for Kilo of Heroin Asks Last Month to Seek DPA

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Oct 8 – A woman from Guatemala who drives an Uber was arrested for picking up one kilogram of heroin. 

On August 9 she was presented before U.S. District Court for the Southern District of New York Magistrate Judge Gabriel W. Gorenstein. Inner City Press was there, the only media in the SDNY Mag Court. 

 The Assistant US Attorney asked for detention on grounds of risk of flight, saying that Virginia Marisol Lemus Recinos entered the country illegally. He acknowledged she has applied for asylum.

   The Federal Defender said she fled Guatemala and threats to burn her house down ten years ago and might be eligible for the safety valve.

  Judge Gorenstein said he doubted she would "self-deport." He ordered her released on $50,000 bond.  

On September 6 Recinos was indicted, and on September 11 the assigned District Judge Arun Subramanian set arraignment and initial conference for September 15 at 3 pm.

Inner City Press went at 3 pm. The upshot: motions are due by December 14, with time excluded under the Speedy Trial Act until a January 30, 2024 conference at 3 pm.

Jump cut to October 8, 2024 when Federal Defenders wrote in asking for another month to try to work out a deferred prosecution.

The case is  US v. Recinos, 23-cr-464 (Subramanian)

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