| After Man With Kidney
Transplant Body Armor and Fentanyl
Got Bail Upheld Now 2d Applies
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
May 5 – A man indicted for
dealing fentanyl, with the
drug, gun and body armor
founds in his house, sought
bail on April 18 before U.S.
District Court for the
Southern District of New York
Magistrate Judge Sarah L.
Cave. Inner City Press was
there, the only media in the
SDNY Mag court. From the
thread:
Defense: He had a
kidney transplant; he hasn't
traveled to Honduras since he
was 2. He could move to
Philadelphia.
AUSA: He could be
treated in MDC. He is
medically fit to be detained.
He had brass knuckles.
Judge: I need
more info. Detained for
now
But, Judge
Cave said, she will hold a
telephone conference next week
after Pre-Trial Services has
the Philadelphia house checked
out.
The Federal
Defender hammered on MDC jail
conditions, citing SDNY Judge
Jesse M. Furman and EDNY Judge
Brow. The case is assigned to
District Judge Analisa Torres.
The co-defendant, the AUSA
stress, did not self-surrender
and is a fugitive.
On April 23 the
co-defendant Vasquez was
arrested - and detained as a
risk of flight, and danger.
On April 30 the
US Attorney's Office wrote to
Judge Torres in supports of
its appeal of Judge Cave's
April 23 grant of bail and
asking that the stay be
extended until the appeal is
ruled on.
On May 1 the stay
was denied: "the Government's
request for a stay pending
appeal is DENIED. By May 3,
2025, Mr. Pena shall file his
response to the Government's
bail appeal."
On May 5 release
was upheld and the second to
be continued, while a trial
date was set: the "April 23,
2025 bail order as to Mr. Pena
is AFFIRMED. By May 8, 2025,
the Government shall file its
response to Mr. Vasquez's bail
appeal. The next conference
shall take place on June 23,
2025, at 3:00 p.m. Pretrial
motions are due by July 14,
2025, with any response to be
filed by August 4, and any
reply by August 18. Trial is
scheduled to begin October 20,
2025"
The case
is USA v. Pena, et al.,
1:25-cr-177 (Torres)
***
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