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In SDNY Alvalle Who Had AR-15 In 1502 Hone Avenue Gets 90 Months After Judge Keenan Questions

By Matthew Russell Lee

SDNY COURTHOUSE, May 2 – In an apartment at 1502 Hone Avenue in The Bronx up until October 12, 2017 when resident Johnny Alvalle consented to a search, there was a AR-15 semi-automatic rifle as well as ammunition for a 9 millimeter handgun and drugs to be sold. On May 2 U.S. District Court for the Southern District of New York Judge John F. Keenan was asked to raise Alvalle's sentence based on this weapon, and on Alvalle having previously shot a man twice in the legs.

 Alvalle's lawyer Robert Baum said that shooting had been with a gun the ultimate shootee had pulled on Alvalle. He stressed that Alvalle had led the police to his AR-15 and should get credit for that.

  Judge Keenan mention twice that he'd used a rifle during his two years in the Army long ago. But he supplemented that with long knowledge of New York State criminal law, posing questions about the leg shooting that Assistant U.S. Attorney Karin S. Portlock didn't have the answers to.

  Alvalle's supporters in the courtroom grumbled quietly at Portlock's claims, and came to be more positive about Judge Keenan as he said while an AR-15 can kill, so can a simple handgun with eight in the clip and one in the chamber. It was a sort of Greatest Generation hip hop medley. Ultimately Judge Keenan sentenced Alvalle to 90 months in prison and the forfeiture of his interest in the property seized, presumably including the AR-15. The case is USA v. Johnny Alvalle, 18-cr-455 (JFK).

Johnny Alvalle is not alone, in having supporters. On April 12 when Will Baez came up for sentencing  he faced a mandatory minimum ten years in prison for five kilos of heroin and a .45 handgun and ammo in his Bronx apartment. The courtroom of SDNY Judge Ronnie Abrams was packed with dozens of family and friends, and Baez spoke about his seven year old daughter and dream of opening an auto body shop. His lawyer spoke of conditions in the MCC: 26 men on 13 bunk beds in a unit with one toilet and one shower and rodents in the walls. There was no discussion of the safety value provisions of the First Step Act, which later in the day got a reduction for another defendant caught with five kilos of what he thought was heroin. Judge Abrams showed those in the courtroom the sentencing guidelines book and said Baez need not be defined by the worst day in his life. But ten years are ten years. He waved as they led him to the elevator of 40 Foley Square in shackles.


Another defendant on April 9 before SDNY Judge Gregory Woods had no fewer than three defense lawyers with him, more than some defendants who face and receive much longer sentences. But Judge Woods' reasoning for imposing a sentence of 48 month in prison rather than the lower guideline of 57 months was that Martinez was that his was the lower level of the gang, that this will be his longest sentence on 15 convictions, and that Judge Woods hopes Martinez can get back to his 13 year old son faster than 57 months. It was as is often the case with Judge Woods a comprehensive and human sentencing, ending with an "I wish you well" and "Thanks." The lawyers, it seems, were from DLA Piper; it contrasts to other cases Inner City Press has witnessed this year, where a defendant complained that his passport was not returned, for example. We'll have more on this.

  The U.S. Treasury employee accused in October of leaking Suspicious Activity Reports about Paul Manafort and others, Natalie Edwards, pled not guilty back on January 30 before  Judge Woods. Her next appearance was set for April 4 at 2 pm, but when Inner City Press came in again through the metal detectors to cover it, other cases were on in Judge Woods' 12th floor courtroom. His deputy informed  Inner City Press that Edwards was adjourned to May 2 at 10 am.

  One of the other cases in front of Judge Woods, a defense lawyer argued that his client Freddy would never have voluntarily told the detectives that he is a "great dice roller;" he is making a suppression motion. But it will be delayed, by vacation and the prosecutor being on trial. Judge Woods urges both sides to file more quickly, and pointed asked if a police witness had, in fact, perjured himself. That trial is set for July 22 - the case did not seem to be listed on the board in the lobby of 500 Pearl Street, and still without electronics it was not easy to inquire, yet.

 Back on January 20 on Worth Street, Inner City Press asked her lawer Jacob Kaplan of Brafman & Associates about a statement made during the proceeding, that another person's device was also search. Kaplan acknowledged that had been said, adding that he didn't know who it was. Video here, Vine here

  Jump cut to 2 April 2019: "I was a street drug dealer in from of my building in the Bronx," a defendant told U.S. District Court for the Southern District of New York Judge Paul A. Engelmayer on April 2. Defendant Gonzalez was pleading guilty to a lesser included charge, with a guideline sentence of between 120 and 150 months in jail. But he won't be sentenced until July 11 at 2:30 pm, after the Probation Department does its interview and issues a Pre Sentencing Report that will remain sealed until, somehow, Gonzalez appeals. We'll have more on this - there were no family members in the courtroom, no media other than Inner City Press. Less than hour earlier when Eldar Rakhamimov appeared for sentencing for inflating the number of Pepsi and Canada Dry bottles returned through his business in the SDNY courtroom of Judge Ronnie Abrams, he had many of his employees and family members with him. His lawyer Tony Mirvis pointed them out, arguing that if not sentenced to jail he could pay back the $700,000 restitution faster. But half of the debt is to the State of New York; recently Judge Abrams rejected just such has argument from a medical software company executive on tax fraud. Here, Judge Abrams went below the 37 to 46 month guideline sentence, to 15 months with two years of supervised released - the books of his recycling company will be open - and a $15,000 fine. Two of his employees were asked to take off their caps by the Court Security Officers. The prosecutor said, It would not be a bad thing if his company just fell apart. The case is US v. Eldar Rakhamimov 18 – CR – 72 (RA) and on May 2 Judge Abrams held a Curcio hearing for a cousin of Rakhamimov who has the same lawyer...

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