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Drugs and Gun Trial in SDNY Delayed Then Rakim Brown Pled Guilty Now Fatico Held

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

SDNY COURTHOUSE, August 9 – Rakim Brown has been detained awaiting trial on drug and gun charges. Now he has pleaded guilty.

  On February 8, 2021 U.S. District Court for the Southern District of New York Judge Sidney H. Stein held a proceeding about Brown's access to discovery. Inner City Press covered it. 

  On April 5, 2021 Judge Stein held another proceeding. Brown's defense attorney has left a law firm to start her own. There were multiple references to bandwidth (with the prosecutor citing the US v. Calk case and the defense US v. Donziger, both of which Inner City press is covering). The trial date here was moved from July to August, on consent.

  On June 11, this: "ORDER as to Rakim Brown: IT IS HEREBY ORDERED that the trial of this matter is scheduled for September 13, 2021."

 But it was pushed back: the trial to March 7, 2022 and the suppression hearing was ongoing on February 22, 2022. Inner City Press was there.

  The Assistant US Attorney asked Brown if as he said he had consulted an attorney about suing for a prior arrest. Yes was the answer, and then a series of objections. At the end Brown's lawyer said he hadn't eaten all day, but handing a Nutter Butter sandwich was not immediately possible. The Marshals indicated there was food downstairs.

On February 25, exhibits for the suppression hearing were agreed to, ranging from Photo of 183rd Street (Sammy's and Smoothie Shop) to "Crack Under Couch."

On March 3, this: "Defendant's attorney makes an application that her client wishes to withdraw his previously entered plea of not guilty and enter a plea of guilty to Counts One and Five in the (S4) Indictment. Defendant sworn, allocution begins. The defendant pleads GUILTY to Counts One and Five in the (S4) Indictment. The Court accepts the guilty plea. The sentencing is scheduled for June 6, 2022. Defendant remains in custody."

The sentencing did not take place then. Now, on July 1, a Fatico hearing has been ordered: "ORDER as to Rakim Brown: The Court is in receipt of the government's letter requesting a Fatica hearing [Doc. No. 206], IT IS HEREBY ORDERED that: 1. There will be a Fatico hearing on August 9, 2022, at 11:00 a.m.; 2. Defendant's sentencing submissions are due by September 9, 2022; 3. The government's submissions are due by September 16, 2022; and 4. The sentencing is adjourned to September 29, 2022, at 11 :00 a.m."

The Fatico hearing was in fact held on August 9, for hours. In the witness box, accompanied by Marshals, was Maurice Hartley, who has his own case (with numerous co-defendants) before Judge Engelmayer. Rakim Brown's lawyer asked him about a number of them by name and if he knew they had cooperation agreements.

 The AUSA objected, and suggested that the transcript be sealed. But it was in open court. At the end, Judge Stein asked the AUSA why they'd spent all day on this. More extensive answers will be allowed in the pre-sentencing memos, with the sentencing seemingly delayed due to an unrelated white collar case in Camden NJ Federal Court.

 Inner City Press will continue to report on this case.

It is US v. Brown, 19-cr-513 (Stein)

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