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SDNY COURTHOUSE, Nov 9 – Robert Shannon has been on trial for drugs and guns. He is in Essex County Corrections Facility. 

And he will remain incarcerated. On August 16, with Inner City Press the only media in the courtroom, the jury returned a guilty verdict, 400 grams or more of fentanyl.

 On March 29, 2021, U.S. District Court for the Southern District of New York Judge John P. Cronan held a proceeding on Shannon. Inner City Press covered it.

  On the question of discovery, the defense lawyer said he was getting a bigger thumb drive or hard drive, but that review of the discovery in the Essex jail's law library was difficult.

Shannon spoke for himself as to the limitation.

 On March 31, 2021 Judge Cronan held a proceeding on co-defendant Kareem Roderique. There was more talk about hard drives for discovery.

In March 2022 Roderique pled guilty, and on November 9 he was sentenced. Inner City Press was there. After a detailed discussion of isomers and derivatives, and career offender status, Rodrique spoke for himself. He noted that Judge Cronan recently visited the MDC, his unit, but that he had not been able to greet him. He spoke about his previous prison stints, and not ever getting counseling. He faced a guideline of 262 months; Judge Cronan after a detailed reasoning gave him 200 months and five years of supervised released. If you violated, Judge Cronan said, mostly likely I'll still be your judge. And what will prisons be like then?

Back on October 28, when after a number of postponements a co-defendant was sentenced: "Minute Entry for proceedings held before Judge John P. Cronan: Sentencing held on 10/27/2022 for Nikia King (3) Count 1. Sentencing held on October 27, 2022 for Nikia King (3) with regard to Count 1 of the Superseding Indictment. The Court sentenced Defendant principally to a term of imprisonment of 60 months, to be followed by a 5-year term of supervised release. $100 special assessment imposed."

Back on October 5, 2022: "Minute Entry for proceedings held before Judge John P. Cronan: Status Conference as to Kareem Roderique held on 10/4/2022. Defense Counsel Hannah McCrea present. AUSA Patrick Moroney present. Court Reporter: Sharonda Jones. Defendant did not appear. Defense Counsel shall advise the government and the court of Mr. Blyden's status by 5 p.m. today. Speedy trial time is excluded from today, October 5, 2022, until October 6, 2022, in the interests of justice. Bail continued. (Sentencing set for 11/9/2022 at 02:30 PM before Judge John P. Cronan.)"

On October 12, Judge Cronan put Roderique on notice he faces a two level enhancement: "ORDER as to Kareem Roderique: The sentencing proceeding for Defendant Kareem Roderique is scheduled to be continued on November 9, 2022. The parties in their plea agreement stipulated to certain applications of the United States Sentencing Guidelines, which did not include a two-level enhancement for "maintain[ing] a premises for the purpose of manufacturing or distributing a controlled substance" under section 2D1.1(b)(12). See Plea Agreement at 2-3; see also Dkt. 174 at 8 n.5 (noting that the Government was "persuaded" not to apply the section 2D1.1(b)(12) enhancement because "even though Roderique had access to the mill, his role in the conspiracy was primarily a supplier"). Under the terms of the plea agreement, see Plea Agreement at 5, and as the Court advised Mr. Roderique at his March 4, 2022 plea hearing, see Dkt. 92 at 21:8-21, the Court is not bound at sentencing to any agreement by the parties as to the application of the Guidelines. In addition, at the August 2022 trial of co-Defendant Robert Shannon, cooperating witness Ken Johnson testified about, among other things, Mr. Roderique's role in the drug distribution conspiracy. See, e.g., Trial Tr. at 410:11-13:14. At sentencing on November 9, 2022, the parties should be prepared to address the following: (1)whether at Mr. Roderiques sentencing, the Court may rely on evidence received at Mr.Shannons trial, including testimony from Mr. Johnson, in determining Mr. Roderiques applicable Guidelines range or in application of the factors under 18 U.S.C. § 3553(a) as they relate to Mr. Roderique, see United States v. Cacace, 796 F.3d 176, 191 (2d Cir. 2015) ("[A] sentencing court is entitled to rely on any type of information known to it, even information gleaned from a trial in which the person to be sentenced was neither a defendant nor represented by counsel." (internal alteration and quotation marks omitted)); and (2) whether in light of the evidence received at Mr. Shannon's trial, including Mr. Johnson's testimony, a two-level enhancement for "maintain[ing] a premises for the purpose of manufacturing or distributing a controlled substance" under section 2D1.1(b)(12) applies to Mr. Roderique's conduct. The parties also may make any written submissions on the above issues in advance of the sentencing, although they are not required to do so. (Signed by Judge John P. Cronan on 10/12/2022)."

On August 9, 2022, when Judge Cronan was presiding over the trial. Shannon's lawyer was question the supervising Agent who arrested cooperator Ken Johnson, described as a big fish who raised $185,000 in a week. Once arrested, and in handcuffs, he started naming names. But Shannon's name didn't appear in the group chat until 38 minutes in, his lawyer pointed out.

On August 11, Ken Johnson was on the witness stand. He was shown video of his wife carting a big suitcase into her car - leased, he pointed out - soon after he was arrested and started cooperating. He insisted that in the suitcase, which he called a briefcase, were only an Xbox, a Playstation and headphones.

   He was asked about gang signs and a long history of cooperation.

On August 12 Judge Cronan asked Shannon if he was going to testify. No, Shannon said. The jury was called back and, Juror 4 was let go (there are two alternates), and then the charging conference, not long. It is coming to a close.

The case is US v. Shannon, et al., 21-cr-56 (Cronan)

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