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In SDNY Defendant Who Stored Gun In Bedroom Pleads Guilty Still Detained to June 28

By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, May 24 – Calvin Dubose was arrested at noon on October 23, 2019 and more than 24 hours later was presented in U.S. District Court for the Southern District Court of New York Magistrates Court on guns and drugs charges.

  Specifically Dubose was charged as a felony in possession. The gun was in a lock-box, but the key was by his bed, along with 50 rounds of ammunition; also in the room were 8 twisty bags of crack cocaine, according to the SDNY prosecutors and then Magistrate Judge Debra Freeman.

  Judge Freeman to her credit rejected several other assertions or proffers by the government, namely that Dubose by running to the bathroom of his second floor apartment was necessarily trying to flee out the window over the bathtub. Nor did she credit the proffer that Dubose was present with a gun at the scene of a February 2014 murder for which he has not been charged.

  But she focused on the presence of drugs and guns in his apartment, where he is paid as a home health attendant for his mother.  After Judge Freeman's ruling Dubose continued advocating for himself, albeit to his assigned counsel.

 "Anything more?" Judge Freeman finally asked.

  No, Dubose's counsel said, whispering to him that he would call his mother. Dubose was taken back into detention.

Jump-cut to May 24, 2021. Dubose, now detained for 19 months, appeared before the assigned District Judge, Richard M. Berman. It was a change of plea, to guilty. After the plea, to .357 ammunition and crack, Dubose's lawyer asked not for the first time for release from detention, at least until the sentencing set for June 28.

But Judge Berman, noting previous denials of release and possible danger to the community, denied the request. The sentencing is being expedited.

The case is US v. Dubose, 19-cr-841 (Berman)


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