After Ernest Murphy Got
260 Months Newton Got 6 Years now Remanded
amid Nassau VOSR
By Matthew
Russell Lee
SDNY COURTHOUSE,
Nov 29 -- A jury returned
guilty verdicts on drugs and
gun charges on August 20, 2019
against Ernest Murphy, one of
15 defendants in a
Brooklyn-based narcotics
conspiracy case brought by the
U.S. Attorney for the Southern
District of New York. Now a
co-defendants sentencing is
asked to be delayed two months
due to Coronavirus and the
Bureau of Prisons' response,
see below.
It
came after some electronic and
laboratory evidence was
suppressed by Circuit Judge
Richard J. Sullivan, who
rather than re-assigning has
kept many of his criminal
cases in the SDNY.
On
September 8, 2020 Judge
Sullivan was to sentence
co-defendant Devontae Newton,
using the CourtCall platform
due to COVID. Inner City Press
called in. But first there was
a lot of echoing on the line.
It was recommended that Judge
Sullivan mute himself, and
raise his hand to be given the
floor. He gamely endeavored,
but finally the screen froze
up and he said the sentencing
would be postponed, probably
to next week. He apologized to
Newton. Strangely, Judge
Swain's simultaneous (re-)
sentencing on CourtCall worked
fine. Inner City Press later
learned there is a difference
in capabilities in the
computers of District Judges
and Circuit Judges.
On
September 25, 2020 the Newton
sentencing resumed and was
consummated. Newton spoke
movingly, and Judge Sullivan
agreed that he had been young
at the time of the crime.
Judge Sullivan recounted a
termination of supervised
release proceeding earlier in
the week, how well that
defendant had been doing.
Inner City Press covered that
as well, but has yet to report
on it because at the end,
Judge Sullivan said the
transcript would be sealed
because of discussion of
cooperation and where the
cooperator now works.
In this
case, Judge Sullivan said he
hoped Newton would in the
future similarly return for a
termination of (five years) of
supervised release. Judge
Sullivan said in Fort Dix, he
can take college classes even
in Princeton, "which I
couldn't get into," he said.
He
sentenced Newton to 72 months
- above the 60 month mandatory
minimum, but below the 87
month guideline. Judge
Sullivan pointed out he could
have faced 15 years if the US
Attorney's Office had not
dropped the gun charge. He
wished Newton well.
Jump cut to
November 29, 2023. Newton got
out in September, and now
there was an alleged violation
of supervised release,
apparently being in a car with
Chanel perfume stolen from a
Macy's in Nassau County. In
the back of the courtroom were
two officers - and two US
Marshals. After the
recommendation of Probation to
remand, Judge Sullivan did.
Newton put up his hand
to speak. After being
cautioned about
self-incrimination, he said he
wanted to take his daughter to
and from school. Judge
Sullivan said that he had
already ruled, and then (after
more interchanges), that it
was not a conversation. Newton
was taken away.
The overall
case is US v. Burgess et al.,
18-cr-373 (Sullivan)
***
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