EDNY
COURTHOUSE -- May 16
-- Another application
for release denied, by a claimed COVID
vaccine searcher:
"MATSUMOTO,
United States District
Judge: On August
4, 2017, a jury convicted
defendant Martin Shkreli
(“defendant” or “Shkreli”) of
two counts of Securities
Fraud (Counts Three and Six)
and one count of Conspiracy
to Commit Securities
Fraud (Count Eight). Verdict
Sheet, ECF No. 305.
Defendant Shkreli, a healthy,
37 year old inmate who
has served 41 months of
a 84-month sentence, moves for
temporary or permanent
“compassionate release” from
FCI Allenwood Low
pursuant to 18 U.S.C. §
3582(c)(1)(A) and the FIRST
STEP Act of 2018, Pub.
L. No. 115-391, 132 Stat. 5194
(2018), in light of the
COVID-19 pandemic. See Motion
to Reduce Sentence, ECF
No. 729 (“Def. Mem.”).
The government opposes. See
Government’s Opposition
to Motion to Reduce Sentence,
ECF No. 732 (“Gv’t
Opp.”).
On
March 30, 2020, pursuant to 28
C.F.R. § 571.61(a),
defendant filed an
administrative request for
release with the Bureau
of Prisons alongside the
instant motion. See Def.
Mem., Exhs. C & D.
On April 15, 2020, the warden
of FCI Allenwood Low
denied defendant’s petition
pursuant to BOP Program
Statement 5050.50. Def.
Mem. 5 n.1. Defendant is
currently appealing
through the BOP’s
administrative process.
Id. This order presumes
familiarity with this court’s
prior orders in this
case, in particular the
February 26, 2018
Memorandum and Order denying
Mr. Shkreli’s Motion for
Judgment of Acquittal
and discussing the convictions
and charges against him.
Memorandum and Order (“Rule 29
Order”), ECF No. 535... the court
DENIES defendant’s motion."
On May
13, in EDNY,
a
man charged with buying a machine gun
in a hotel by LaGuardia Hotel in
Queens, New York sought release on
bond co-signed by his mother, a
sometime real estate broker. Inner
City Press covered the U.S. Court for
the Eastern District of New York
proceeding.
Assistant US Attorney
Josh Hafetz said that Jou in
the hotel stated that he
"wanted to purchase three
9mm semi-automatic pistols,
namely, a Beretta M92FS, a
Springfield 1911, and a
Glock 19."
EDNY Magistrate Judge
Robert M. Levy asked if
Jou's lawyer met with him.
Jou is represented by
Michael Padden of the
Brooklyn Federal Defenders
Office, who said Yes, by
audio conference - that is,
over the phone.
AUSA Hafetz said,
Your Honor, we are seeking
detention based on risk of
flight and danger to the
community. I'm happy to
expand. I don't know if
there is a proposal bail
package.
FD Padden said, There
is.
AUSA Hafetz
continued, Jou bought a gun
with no serial number --and
a machine gun. Defendant
wrote over an encrypted
platform that he wanted to
buy more guns. There's video
of the purchase last night.
Jou's
lawyer says his client is
5'7'' and a very religious
person. He lives above his
mother (who is here as a
surety). He runs a pest
control business with a few
employees.
Magistrate Judge had
question for proposed
suretor Ms. Jou.
Ms. Jou said, "I am a
real estate broker. I do not
have much income. I spent
three years taking care of
my husband. He died,
finally. My son on March 29
told me he was going to get
a gun. He was quiet. I cook
for him, he cooks for me.
"Your Honor
please help me. We are very
good citizens. He is not
married. He is very picky.
He is very neat and clean.
Yesterday he cooked for me.
He called my 9:50 this
morning. Attorney Michael
called me. I usually don't
answer "no ID" calls. But I
am glad I picked up this
one.
"I cannot
make money now. I cannot
show the house. I think I
should go into
extermination. Please help
me to clear this. If I can
talk to him in person."
Then Ms. Jou asked,
Are you the judge?
Judge Levy replied,
Yes I am. I am Judge Levy.
Ms. Jou followed up,
How do you spell that?
Judge Levy said,
L-E-V-Y.
Ms. Jou said, Blessed
to speak with you.
Judge Levy said to
the defendant, Whether you
can be released on a bond, I
don't know. You will need
more than your mother.
Federal
Defender Padden said, I
would to apply again.
Friday?
He was told, Friday
is too busy. We are
expecting a take-down.
Inner City Press
("not a participant")
wonders, Why are they
planning a take-down during
this #COVID19 lock-down?Inner City Press can
report the plan, for EDNY
virtual court: six arrests
on May 14, and four on
Friday.
Inner
City Press covers cases.
This one is US v. Jou,
20-MJ-368 EDNY, (Levy).
Watch this site.
***
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