| Simmons
Was Found
Guilty After
Jury Trial As
Felon In
Possession Now
Reduction
Denied
By Matthew
Russell Lee, Patreon Maxwell
book
SDNY COURTHOUSE,
May 28 –
Stephen
Simmons has
been on
federal trial
for being a
felon in
possession of
ammunition,
the way in
which a June
14, 2022
shooting in
The Bronx was
federalized.
On
January 12,
2023 U.S.
District Court
for the
Southern
District of
New York Judge
Valerie E.
Caproni was
presiding over
the trial.
With the death
penalty trial
of Sayfullo
Saipov on
haitus, Inner
City Press
went to cover
that of
Simmons.
A
contractor
hired by the
US Attorney's
Office was on
the stand,
introducing
and narrating
a video of the
shooting that
he had edited.
Simmons'
Federal
Defender asked
pointedly on
cross if the
prosecutors
had editorial
control of the
edits.
Yes they do,
the contractor
said, before
leaving court
with a rolling
suitcase.
Federal
Defenders seek
to use Doctor
Goeffrey
Loftus; the US
has sought a
Daubert
hearing.
A woman under
subpoena came
to testify,
clearly
relucantly.
Her terse
answers gave
rise to a
lengthy
sidebar.
During
deliberations,
the jury asked
for a
transcript of
her interview.
Jump
cut to January
18, 2023, when
the jury came
back with a
verdict:
Guilty. "Jury
deliberations
continued.
Guilty verdict
rendered."
Jump
cut again to
May 28, 2025
when Simmons'
motions for
reduction were
denied:
Probation
undertook an
analysis of
Mr. Simmon's
case and
produced a
revised
Presentence
Investigation
Report ("PSR")
at docket
entry 84.
Although Mr.
Simmons is
eligible for
the status
point
recalculation,
he is
precluded from
a sentence
reduction, as
the sentencing
guidelines do
not change as
a result of
the guideline
amendments. To
the extent
that Mr.
Simmons seeks
a sentence
reduction, the
motion is
DENIED. The
revised PSR
reflects the
change in
criminal
history
category,
downgrading
Mr. Simmons
from a
category of V
to IV. (Signed
by Judge
Valerie E.
Caproni on
5/28/2025)
The
case is US v.
Simmons,
22-cr-399
(Caproni)
***
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