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Felon Detained for Gun in Bronx Safe Wanted to Go Home Now US Asks 79 to 97 Months

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Sept 9 – Deron Boone was arrested in 1924 Webster Avenue in The Bronx on February 14, 2023 for having a gun - in a safe - while a felon. 

 On August 22, 2023 Boone appeared before U.S. District Court for the Southern District of New York Judge Paul G. Gardephe.

 He pleaded not guilty to the indictment, and was seeking a change of counsel. 

 Judge Gardephe, who had asked the day's CJA counsel to be present in the gallery where Inner City Press also was, explained to Mr. Boone that the state and federal systems work differently.

Separate sovereigns, he said. Was Boone sure he wanted to change counsel?   After some whispering, he was not. He said he just wanted to go home. He already served more than a decade for a gun-related parole violation.

He was given until September 29 to make motions - was there probably cause to search his safe? - and Speedy Trial Act was excluded.

Jump cut to December 26, when the US submitted a post-hearing brief opposing Boone's counsel's motion to suppress. The prosecutors say the housing project apartment's leaseholder Benjamin Fortune had authority to let NYPD search Boone's room - and that Boone "did not object to Fortune's authority to consent to the search."

On April 10, 2024, Judge Gardephe set the trial for May 13: "ORDER as to Deron Boone: Trial is scheduled for May 13, 2024."

And on May 16 he was found guilty: "JURY VERDICT as to Deron Boone (1) Guilty on Count 1... ORDER as to Deron Boone. This case proceeded to trial on May 14, 2024, and the jury returned a guilty verdict today. Any post-trial motion will be filed by June 10, 2024. The Government's opposition papers are due by July 1, 2024. The Defendant's reply papers, if any, are due by July 8, 2024. The Probation Department is directed to prepare a pre-sentence report. Sentencing is scheduled for September 16, 2024

On September 9 the US Attorney's Office wrote in asking for "a sentence of imprisonment toward the top of the Guidelines range of 78 to 97 months."

The case is US v. Boone, 23-cr-427 (Gardephe)

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