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As Bronx Drugs and Guns Case Moves to Trial DOJ Mulls Appeal Now Co-D Wants 3 Years

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Oct 17 – Bruce Silva, Elijah Pough and others were indicted in a Bronx drugs and guns (shooting) case.

On July 19, 2024 Bruce Silva's motion to suppress the search of the blue iPhone he had on him at the time of his arrest was granted, on the ground that the warrant did not show any nexus between the phone and the indicted crimes.  

With the case set for trial beginning October 7, on July 26 co-defendant Pough appeared before U.S. District Court Judge Paul G. Gardephe. Inner City Press was there. 

 Judge Gardephe had appointed Pough his third CJA lawyer, who said he will be ready to go on October 7 (and might write it seeking a second chair).

Then the prosecutor put on the record that his Office is considering an interlocutory appeal of the decision to suppress. "We'd have to ask Main Justice," he said.  

 Judge Gardephe reminded the prosecutor that he had been Chief of the Appeal unit.

He asked to be told soon if there will be an appeal.

On August 2 co-defendant Saleh who pled guilty asked for 30 months on August 22 at 3 pm, noting he came from Yemen seeking a better life but ended up working in a convenience store 14 hours a day and living in the basement.

On August 9, the US Attorney's Office wrote in on Saleh asking for 63 months, the top of the Guidelines saying he allowed his two stores to be used.

On August 20, the US Attorney's Office wrote in again, this time on co-defendant McBride, asking for "at or near 168 months' imprisonment" on August 27.

On August 22, co-defendant Saleh was sentenced to 51 months.

On August 23, the US Attorney's Office wrote it to request 57 months on co-defendant Emmanuel Perez when he is sentenced on August 29.

On August 27, co-defendant McBride was sentenced "to five years' imprisonment on Count One and five years' imprisonment on Count Twenty, with those terms to run CONSECUTIVELY."

On August 28, co-defendant Ballester, who wanted three years, was sentenced to five.

On August 29 co-defendant E. Perez was sentenced to three years.

On August 30, co-defendant Jordan Bennett got much more: 12 years.

On October 17, co-Defendant Valdez wrote asking for 36 months, "nunc pro tunc from February 15, 2023." Sentencing is set for October 30 at 3 pm.

The overall case is US v. Silva, et al., 23-cr-204 (Gardephe)

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