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Jen Shah Pled Guilty and Redacted Sentencing Memo now Threatens to Withdraw but Can She?

By Matthew Russell Lee, Patreon Order Vlog
BBC The Times (UK) Honduras - The Source

SDNY COURTHOUSE, Jan 5 –  Five defendants in a telemarketing scheme were presented past 8 pm on November 20, 2019 in the Magistrates Court of the U.S. District Court for the Southern District of New York.

The government proposed that while they could be released on their own signatures that night, but asked that they get pre-approval from Pre-Trial Services for any expenditure above $10,000. 

 On April 2, 2021 Jen Shah of Real Housewives Of Salt Lake City was arraigned in the same case - and a $1 million bond, with $250,000 of it secured by case or property, required. Inner City Press live tweeted that, below.

On December 16, 2022 Shah's lawyer in a heavily redacted submission asked for 36 months, far below the plea deal. Exhibit list  along with redacted statement by Jen Shah on Patreon here.  Inner City Press emailed opposition to the redactions, to Shah's lawyer (no response) and elsewhere - then filed it.

On January 4, Judge Stein ruled: "ORDER as to Jennifer Shah. IT IS HEREBY ORDERED that defendant Shah is directed to respond to the application of Inner City Press [Doc. No. 648] to unseal certain portions of Shah's sentencing memorandum and an exhibit to the government's sentencing memorandum in writing on or before 12:00 p.m. on January 5, 2023. (Defendant Responses due by 1/5/2023) (Signed by Judge Sidney H. Stein on 1/4/2023)."

On January 5 at noon, Shah's lawyer filed not any unredacted memo, but a threat to withdraw the exhibits if Judge Stein rules in favor of Inner City. Letter on Inner City Press' DocumentCloud here.

Less than an hour later, Inner City Press filed a reply: "This replies to defense counsel's argument that the sentencing materials submitted for the Court's consideration can be withdrawn. But they are judicial documents. And citing to pre-guilty plea rulings on motions in limine is unavailing.  

Most offensive is the claim that Exhibit D, the defendant's own statement asking for a substantially below Guidelines sentence, has been redacted in conformity to rules and precedent. It has not.   The second paragraph starts, "In 2016, my life hit a serious crossroad" - then three lines are redacted. The third paragraph begins with a sentence about the defendant's husband - then a full page is redacted.    This is unheard of.

Contrast it to the January 4, 2023 resentencing of Raymond Quiles, who cooperated with the government about and was ready to testify against this defendant. The courtroom was not sealed; his arguments for mercy, about his autistic son (whose name was given) and his floundering business were all public.   Why should Jen Shah be given substantially more secrecy than Raymond Quiles?    This statement, intended to procure a lighter sentence, cannot be withdrawn and must be unredacted."


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