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Illegal Reentry Defendant Gets 5 Month Sentence from SDNY Judge Failla

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, May 13 – Juan Manuel Antonio was  up for sentencing on an alleged Violation of Supervised Release before U.S. District Court for the Southern District of New York Judge Katherine Polk Failla on May 13. Inner City Press was there. 

   He was arrested in the Northern District of New York on April 1 and has been detained since.

    Judge Failla asked Assistant US Attorney Russell Capone why the guidelines range in his May 11 letter, 6 to 12 months, was higher than the applicable four to ten. 

  AUSA Capone agreed and apologized. He added, After this proceeding he'll be removed from US by ICE.

    Judge Failla, to defendant, asked, Have you been on medication? 

 The defendant replied, Yes, for depression.   

Judge Failla asked, You're not impaired today, is it fair to say?  

The defendant said, No ma'am I'm in perfect condition. He said he only came back into the United States because his mother is sick and the medicine is expensive in his country. He said he would grateful to be deported to the Dominican Republic to see his mother, in these times of COVID-19.  

Then came Judge Failla's ruling (she said she does not come to the bench with a sentence decided, so took a break). Shd said, Were we not in a pandemic I would go above the policy statement. But because of COVID-19, and statements of attorney, I impose five months... I understand that one of these give months has already been served. I am imposing 3 years of supervised release, even though he will probably be removed. "You have to comply... Sir, you have the right to appeal, in forma pauperis, notice in 14 days."

The case is US v. Antonio, 13-cr-438 (Failla).


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