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In SDNY Calvin Hudson Had Severance Mulled Then Pled Now Gets 60 Months Starting Oct 3

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

SDNY COURTHOUSE, June 15 –  There was a criminal proceeding in US v. Calvin Hudson on May 27, and Inner City Press covered it, before U.S. District Court for the Southern District of New York Chief Judge Colleen McMahon.     Speaking for US was Maurene Comey, accompanied by three FBI agents.

 Judge McMahon released Hudson from prison due to COVID-19. Now his lawyer wanted him to be able to leave the apartment, saying he's a construction contractor.

 AUSA Maurene Comey said she opposes the request.  

 Judge McMahon: I'm not going to modify the conditions right now... There is no construction in Manhattan right now. What's next?  

 Defense lawyer: If the court wants to set a date to set a trial date. You know the court's plans better than we do.    

Judge McMahon: The Court's plans are fluid. We have a limited number of courtrooms for social distancing... There's another committee on how to allocate courtrooms. I certainly will have more of an idea in September of what is happening then. (Counsel including AUSA Comey laughed.)

    AUSA Comey: However quickly we can move, with safety, the US would consent to. 

Judge McMahon: I have some reason to believe that a one-defendant trial will get priority over a multi defendant trial. But that hasn't been decided yet.

    AUSA Comey: Two of the cooperators against Hudson will be testifying before Judge Marrero in October... 

  Judge McMahon: OK, we can move it to November.

  After months of COVID shut downs, on February 2 Judge McMahon held another conference with Hudson and his counsel. The question was severance, and the unsealing of a for now sealed proffer.

Prior to the conference, Judge McMahon had posted to the docket: "ORDER as to Calvin Hudson: Calvin Hudson stands charged in an eleven-count superseding indictment with various crimes: six relate to an alleged drug-dealing conspiracy, and five relate to an alleged loansharking scheme. The matter is on this court's calendar for a status conference, via Skype, on Tuesday, February 2, 2021, at 2: 15 p.m. The original purpose for scheduling the conference was from the narcoticscounts is still sub Judice, and it is necessary that the Government put in an additional reply. I thus ask the Government to assume that the proffered testimony relates to the source of the funds that Hudson either loaned to (the Government's story) or invested with (Hudson's story) Victims I and 2 (I am not revealing anything to the Government by saying this much about the proffer). If evidence about the defendant's drug dealing would be admissible (1) as part of the Government's case in chief, under any theory; or (2) in rebuttal should the defendant open the door by giving testimony on the subject implicated by his proffer, then I need specific information about (1) what testimony the Government would offer; (2) when; and (3) under what theory or rule of evidence this evidence would be admissible. Since the Government has not filed a sur-reply subsequent to the proffer, it has had no opportunity to address with specificity the matters implicated by the proffer. I need to give the Government that opportunity. We will discuss this issue at our Skype conference."

  During the conference Judge McMahon commented on the various platforms used in the SDNY, saying the Zoom works better. That was not Inner City Press' experience in to DC insurrection detention hearings on February 1 in the District Court for the District of Nevada.

   A next date on US v. Hudson was set for March 23, while the defense asked for a September 2021 trial.

   It emerged or was confirmed (as Inner City Press has surmised in from another proceeding) that Chief Judge McMahon was beginning a smooth transfer of powers of SDNY Chief Judge to Judge Laura Taylor Swain. But that's another story - here.

  On January 27, Calvin Hudson changed his plea to guilty to Count 3.

On June 15, 2022, he was sentenced to sixty months: "Minute Entry for proceedings held before Judge Colleen McMahon: Sentencing held on 6/15/2022 for Calvin Hudson (1) Count 3s. Defendant Hudson present with his attorneys David Touger & Daniel Wachtell; AUSA Timothy Capozzi; court reporter Rebecca Foreman. Defendant is sentenced to a SIXTY (60) MONTHS term of imprisonment. The Court recommends that Bureau of Prisons incarcerate defendant in the New York City metropolitan area, to facilitate family visitation. It is hereby ordered that defendant surrender to the Attorney General to begin service of his sentence, by reporting to the to the facility designated by the United States Bureau of Prisons, before 2:00 p.m., on October 3, 2022. Defendant's term of imprisonment will be followed by a FIVE (5) YEARS term of Supervised Release. The Court recommends that the defendant be supervised in the district of residence. In addition to the standard conditions, the following special conditions apply: You shall submit your person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner."

The case is USA v. Hudson, 19-cr-496 (McMahon). 


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