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After Serving 195 Months With Pouch Capalbo Gets Time Served From SDNY Judge Preska

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, May 6 – Angelo Capalbo was up for re-sentencing on May 6 before U.S. District Court for the Southern District of New York Judge Loretta A. Preska. Inner City Press covered it. 

   Capalbo has already served 195 months in prison. He told Judge Preska, amid the Coronavirus pandemic, "I'm trying to stay alive." 

   After the Supreme Court's decision in US v Davis, his remaining sentencing was up for being reduced. But how much? 

  His Federal Defender said, We are asking for time served. These 195 months have been harder than the sentencing judge could have imagined, and probably intended. There was an emergency surgery, 16 hours long. He needs a lower bunk, he's a care level 3 inmate.  

   Capalbo spoke for himself. He said he has a "pouch." Says he hasn't had any major problems while doing his time, "with honor."   

Assistant US Attorney Bhatia said, The sentence is still warranted. It would be worthwhile to put on the record that the defendant consents to proceeding this way.

    Judge Preska said, Mr. Capalbo has, in his words, served his sentence honorable, no major disciplinary issues. And his health conditions have changed dramatically. He's 60, which I consider relatively young (it was on the phone, but Inner City Press imagined and imagines her smiling) but his issues are serious. So, time served.

    AUSA Bhatia insisted, The court should still impose the $500 special assessment, and the $25,000 fine.     His Federal Defender said, He already paid $600. And on the fine, no interest.

    Capalbo said, I will pay in installments, I'm not fighting that. With honor, indeed. The case is US v. Capalbo, 02-cr-1237 (Preska). 


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