Oxy
Doc Cubangbang Pled Guilty Now
Wants And Gets Seal Plea
Transcript for Appeal
By Matthew
Russell Lee,
Patreon
SDNY COURTHOUSE,
March 9 –
Three years
ago Doctor
Dante A.
Cubangang and
three others
including his
receptionist
Loren Piquant
a/k/a Loren
Luna and John
Gargan were
indicted for
illegally
selling some
six million
Oxycodone
pills, or 180
kilos of Oxy.
On October 9,
2019, a week
before
receptionist
Loren Piquant
/ Luna went on
trial before
U.S. District
Court for the
Southern
District of
New York Judge
Paul G.
Gardephe, her
boss Dante
Cubangbang
pled guilty.
Jump
cut to March
7, 2023 -
Cubangbang,
whose plea
transcript was
sealed, now
wants a copy
for appeal,
and will get
one: "MEMO
ENDORSEMENT
granting [317]
LETTER MOTION
filed by Dante
A. Cubangbang
(1), addressed
to Judge Paul
G. Gardephe
from Attorney
Lucas Anderson
dated 2/27/23
re: Release of
plea
transcript to
appellate
counsel.... I
am CJA
substitute
appellate
counsel for
Dante
Cubangbang. I
am writing to
request
authorization
for my office
to obtain a
copy of the
transcript of
Cubangbang's
sealed plea
proceeding,
which took
place in
Magistrate's
Court on
October 9,
2019. An Order
reflecting my
appointment to
Cubangbang's
appeal is
attached.
Because I did
not represent
Cubangbang in
connection
with his prior
proceedings
before this
Court, the
Southern
District Court
Reporters
Office has
advised me
that it cannot
provide a copy
of the sealed
plea
transcript
absent an
Order from
this Court.
Therefore, I
am
respectfully
requesting
that Your
Honor endorse
this letter as
an Order
authorizing
the Court
Reporters
Office to
provide me a
copy of
Cubangbang's
plea
transcript.
ENDORSEMENT:
The
Application is
granted. SO
ORDERED:
(Signed by
Judge Paul G.
Gardephe on
3/7/2023)."
But why is it
still sealed?
On
August 26,
2020
initial
co-defendant
and fast
cooperator
Porfilio Lugo
was sentenced.
The US
Attorney's
Office gave
him a 5K1.1
letter and
emphasized how
fast he
flipped, after
re-selling oxy
pills. Judge
Gardephe
agreed on the
time served,
but added
three years of
supervised
release.
Now
on April 9,
2020, another
cooperator in
the case got a
time served
sentencing -
and a seal
transcript,
after a public
but virtual
proceeding.
Inner City
Press covered
it.
Robert
Sanchez, who
took video of
his
co-defendants
after he was
arrested, got
his own docket
number, too:
19-cr-469. He
has a retained
(paid) and not
CJA lawyer.
Judge
Gardephe to
his credit put
on the record
what Sanchez
did. After he
announced time
served and
three years of
supervised
release, the
Assistant US
Attorney asked
that the
transcript be
sealed, even
though Sanchez
had testified
in open court.
(He said the
proceeding had
revealed more,
perhaps the
video taping.)
After the
short and
murky 2019
plea
proceeding,
Inner City
Press asked
Cubangbang's
lawyer if the
plea deal
specified a
sentencing
guideline that
the government
will
recommend. No,
he answered.
Inner City
Press asked
him, "Does the
letter mention
Section 5K1?"
"No comment,"
he said and
got on the
elevator.
5K1 is the
section of the
sentencing
guidelines
which can
erase
"mandatory"
minimum
sentences for
cooperates
like, in the
last month,
Daniel
Hernandez
a/k/a Tekashi
6ix9ine and,
in the trial
against
Honduras'
president's
brother Juan
Antonio
Hernandez,
former mayor
Alex Ardon who
confessed to
killing 56
people.
How many
people did
Cubangbang's
six million
Oxy pills
kill? And who
is more
responsible,
this doctor or
his
receptionist?
It
ends not with
a Cubangbang
but with a
whimper: "JURY
VERDICT as to
John F. Gargan
(2) Guilty on
Count 1 and
Loren Piquant
(4) Guilty on
Count 1.
(lnl)." Then
on October 25,
two days after
the verdict,
this:
"Geoffrey S.
Berman, the
United States
Attorney for
the Southern
District of
New York,
announced that
JOHN F. GARGAN
and LOREN
PIQUANT were
convicted
Wednesday
after a
two-week jury
trial for
conspiring
together and
with others to
unlawfully
distribute
oxycodone from
a medical
clinic in
Queens, New
York."
Jump
cut to
September 1,
2022: Loran
Piquant
surrendered to
FMC Carswell
in Fort Worth,
Texas on July
29, 2022. But
she has
received no
medical
treatment. Her
medication was
thrown out.
She has
"requested the
court's
intervention."
The
overall case
is US v.
Cubangbang, 18-cr-00723
(Gardephe).
SW
***
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