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Sept 24, 2013

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Charkeem Payne Cited Pending Legislation on Crack to Cocaine Ratio Now Fatico On Table

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Sept 21 – Charkeem Payne was charged as part of a narcotics conspiracy, specifically to sell crack.   

On September 2, U.S. District Court for the Southern District of New York Judge Denise L. Cote got a letter seeking a delay in sentencing in light of pending legislation that, like this case,  Inner City Press is covering. 

  Payne has a sentencing set for September 17. But his lawyer, as well as travel, cites DOJ's statement to the Senate Committe[e] on the Judiciary on June 22, 2021 on "Examining Federal Sentencing for Crack and Powder Cocaine."

On September 3, Judge Cote denied it: "The request to adjourn the September 17 sentencing is denied. The deadline for the defendant's sentencing submission is adjourned to September 13. The Government's submission shall be due September 15. (Signed by Judge Denise L. Cote on 9/3/2021)."

  But when the sentencing proceeding began on September 21, and Inner City Press covered it, it was not consummated. Payne's lawyer insisted that his client only sold crack after he lost his job in 2019, not the time frame the government alleged. Judge Cote said a Fatico hearing may be needed and asked for submission on the issue. The sentencing was not concluded on September 21. Watch this site.

   As noted about this case in January, while one of his co-defendants is seeking to suppress evidence of conversations intercepted through Title III wiretaps, Stewart pleaded guilty.

Then there was reference to a previous request to have the Bureau of Prison deal with an issue involving medical undergarments, which BOP still has not done. A medical order was requested.

The case is US v. Disla, 20-cr-52 (Cote)


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