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Man on Home Detention on Ammo Charge Was OK-ed for Groceries but After Deli Is Remanded

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURTHOUSE, April 27 –  Xavier Chalas is charged with being a felon in possession of ammo, to wit, a magazine containing seven cartridges of live 9mm Luger ammunition. He has been released on conditions, including staying in his apartment.

        On April 11, U.S. District Court for the Southern District of New York Magistrate Judge Sarah L. Cave held a proceeding. Inner City Press covered it.  

 The complaint was that Chalas is not in fact staying in his apartment. Judge Cave suggested the re-installation of the GPS equipment there. The response was that the equipment was not the problem.   

 Then Chalas' lawyer said he needs to go to the lobby to get Uber Eats.

But the GPS equipment wouldn't show that as as violation. It was agreed he can go grocery shopping, and will have another proceeding before Judge Cave on April 18.

"Let's make a good week," Judge Cave said hopefully.

On April 18 Judge Cave held another proceeding, and Inner City Press again covered it. Pre-trial services is asking for remand to imprisonment, saying that Chalas is daily going out to a deli on Madison Avenue and East 132nd Street, near where the shooting at issue in the case took place.

  Chalas explained that he doesn't have enough money for a big shop, and needs to go to the deli when he gets money. The AUSA said they will be writing to the assigned District Judge Richard M. Berman. Judge Cave said for now, Chalas can ask for permission to go to the deli from 8 am to 8 pm, but not after.

On April 26, this: "ORDER as to Xavier Chalas: For the reasons stated on the record today, the Defendant is remanded, effective immediately. Defendant shall report to the SDNY Pretrial Services Office, 500 Pearl Street, 5th Floor, New York, New York 10007 today, April 26, 2022, by 12:00 pm. Pretrial shall then escort the Defendant to the Marshal's Office for immediate surrender. Upon surrender, the Marshal's Office and/or BOP shall provide a medical facility which offers immediate mental health counseling and medical care for a gunshot leg wound (physical therapy), asthma (inhaler), and heart condition (pacemaker and defibrillator). (Signed by Judge Richard M. Berman on 4/26/2022)."

The case is US v. Chalas, 22-cr-167 (Berman / Cave) 

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