US
Attorney To Consider If
Forfeiture Is To Offenses In
Indictment Or Lesser Included
Offences Pled To
By Matthew
Russell Lee, Previous Thread
The
Source - XXL
- The
Root - Vibe,
etc
SDNY COURTHOUSE,
Oct 23 – Darius
Davis was
arrested in
January on an
until-then
seal
indictment
charging him
in connection
with 280 grams
or more of
crack cocaine,
conspiracy and
possession
with intend to
distribute.
On October 23
David pled
guilty to a
lesser
included
offense and
the allocution
before U.S.
District Court
for the
Southern
District of
New York
Magistrate
Judge Debra
Freeman was
going along as
scripted.
Until it came
to the issue
of forfeiture.
Judge Freeman
said she was
going off the
record - the
court reporter
stopped - and
she asked
Assistant US
Attorney Thane
Rehn why his
Office's plea
agreements
have
defendants
agreeing to
forfeiture
tied to the
offenses in
the indictment
and not the
lesser
included
offenses they
plead guilty
to.
AUSA Rehn said
while it might
not make a
difference in
this
particular
case (in which
280 grams was
pled down to
28 grams), it
might in other
cases - and so
he will raise
the issue in
the Office of
US Attorney
Geoffrey S.
Berman.
Federal
Defender Clay
Kaminsky said
there might be
another
"wrinkle" to
the case, his
request that
Davis spent
the time after
the plea in
state custody,
to serve out
state time.
Kaminsky said
he will be
raising this
to District
Judge Paul G.
Gardephe, who
will do the
sentencing.
The case is US
v. Davis,
19-cr-27
(Gardephe /
Freeman).
***
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