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Before SDNY Judge Buchwald 3 Drug Defendants Get 6 Weeks Delay Misspelled Complaint

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE,  Oct 2 – Three defendants in a narcotics conspiracy appeared on October 2 before SDNY Judge Naomi Reice Buchwald and got their cases pushed down the road to November 20. One of them had a new lawyer, who wasn't present. The underlying complaint repeatedly says "Flushings" rather than Flushing, New York, as if the neighborhood were plural. The complaint is largely based of a Confidential Source 1, seeking leniency for Hobbs Act robbery, with information confirmed according to footnote 1 by "T-Mobile records." And so it goes in the SDNY. 19-cr-523.

Back in August 2019 when Marcos Barett came for sentencing as a felon in possession of a firearm, one that had recently been fired, Assistant US Attorney Daniel G. Nessim asked for a guideline sentence of 30 to 37 months. 

Nessim emphasized that Barett had previously been given a break by U.S. District Court for the Southern District of New York Judge Sidney H. Stein, who at that sentencing said, "You're young. You have a future. For you to waste your time siting [sic] in a prison cell makes absolutely no sense." (Sent. Tr. 34:7-17, error in sentencing submission.)

   On August 27 SDNY Judge Naomi Reice Buchwald took note of Judge Stein's leniency and sentenced Barett to thirty months. He was caught by the NYPD's Shot Spotter technology, which registered the sound of the gun shot in The Bronx.

  Barett just before the sentence said he has in mind a foundation to help people get off PCP, the drug his younger brother was on when he jumped to his death from the roof of Barett's building. Will the foundation still come about? Inner City Press hopes so.

Back on August 12 also before Judge Buchwald a man named Urena was sentenced to 24 months in prison, without it being clear what his case number.
A sentencing of a Joshua Sosa had been scheduled for 2:45 pm but the courtroom was empty at that time. Later at 3:30 when there was nothing on the calendar, an Assistant US Attorney named Rodriguez argued for a 41 to 51 month guidelines sentence for Urena.

  Urena's Federal Defender lawyer said he had almost gotten a cooperation agreement except Urena came up on a wiretapped call in Boston - he was named in or on the call, he didn't know which. So there was no deal and now Urena will serve 24 months then be deported. And so it goes in the SDNY.

Also before Judge Buchwald back on July 8, when the executive producer of the Friars Club, Michael Gyure, came up for sentencing, it was for filing false tax returns for three years. But four witnesses about irregularities at the Friars Club also spoke, until Judge Buchwald cut them short.

 She told them that how the Club is run is up to its members. "It's like elections," she said. "They have consequences." The case is, or was, USA v. Gyure, 19-cr-00016 (Buchwald).

  One of the witnesses said that Gyure had already scheduled a victory party about the sentencing, before it was imposed, in the Club that is closed for renovations. If so, they would not be disappointed. Judge Buchwald sentenced Gyure to time served, with 100 hours of community service. His lawyer Paul Schechtman of Bracewell, who also represented Norman Seabrook, said thank you. More on Patreon here.

That Jeffrey Epstein, now in the Metropolitan Correctional Center by Foley Square, will be denied bail later this week is widely reported. But as Inner City Press has reported from the Magistrates Court of the U.S. District Court for the Southern District of New York this year, at least two accused pedofiles have been released on bond, with conditions.

One, Donnie Fetters, was bailed by Magistrate Judge Ona T. Wang on May 10 and allowed to fly back to Iowa from whence he came to Laguardia to meet an underage girl, or what he thought was an underage girl. See the Inner City Press, the only media that day in the Magistrate Court, story here. Fetters remains free; most recently his appearance before SDNY Judge Victor Marrero was waived. This case is now US v. Fetters, 19-cr-387 (VM).

On May 30 SDNY Magistrate Judge James L. Cott granted bond to Bryan Pivnick, accused of grooming an 11 year old boy, see Inner City Press story here: now Pivnick is asking for greater access to the Internet in New Jersey, ostensibly to pay his student loans. This case is now US v. Pivnick, 19-cr-00464 (PKC). More on Patreon, here.


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