| After Ernest Murphy Got
260 Months Appeal Triggers Stay as Newton
Gets 6 Months VOSR
By Matthew
Russell Lee
SDNY COURTHOUSE,
Jan 30 -- 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. A
co-defendant's sentencing was
asked to be delayed two months
due to Coronavirus and the
Bureau of Prisons' response,
see below.
Ernest Murphy,
sentenced to 260 months, filed
an appeal, and requested oral
argument. The prosecutors
asked for a stay of his 28 USC
2255 motion and got it, for
six months, on December 20,
2023.
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.
On December 4,
Newton's counsel filed a
motion for bail. He recounted
the Specification that $1703
worth merchandise stolen from
the Macy's in East Garden City
was found in the car, but
there is no evidence linking
Newton directly to the theft.
On December 12,
the US Attorney's Office
opposed the application,
recounting not only the Macy's
/ Chanel robbery but then
Jimmy Jazz in Brooklyn on
October 13, 2023 - in which
they now say NYPD views Newton
as "a possible conspirator,"
for whom an I-Card was issued.
They characterize this as
"circumstantial evidence."
On January 29,
Judge Sullivan sentenced
Newton to six months:
"proceedings held before Judge
Richard J. Sullivan: Final
Hearing re Revocation of
Supervised Release as to
Devontae Newton held on
1/29/2024. VOSR sentencing
held in Courtroom 20C... The
Court revoked Supervisee's
term of supervised release and
sentenced him to 6 months'
imprisonment, with credit for
time served, to be followed by
a 5-year term of supervised
release."
The overall
case is US v. Burgess et al.,
18-cr-373 (Sullivan)
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
Box 20047, Dag Hammarskjold
Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2023 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com for
|
,
