| Narco
Tomas Colon
Gets 151
Months But
Some
Sentencing
Filing Still
Sealed Despite
Order
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
Dec 1 – The entire sentencing
submission by Tomas Colon,
described as the "leader of a
major drug trafficking
organization," was filed under
seal on November 16, 2023.
That evening,
Inner City Press wrote to U.S.
District Court for the
Southern District of New York
Judge Valerie E. Caproni
questioning and challenging
the sealing, see below.
On December
1, with some still sealed
despite Judge Caproni's
orders, Colon's two retained
counsel argued for a five year
sentence. Judge Caproni, who
began by saying she was "not
amused" by their sealing,
noted that Colon was a
manager, had previously been
convicted for drugs and
continued despite a young,
sick daughter (on whom much of
the defense's sentencing
argument was focused). She
sentenced Colon to 151 months.
Back on
November 20, Judge Caproni
ordered the defense to by
November 28 show cause.
Colon's sentencing was pushed
back to December 1.
On November 27
Colon's counsel asked to seal
even his response to the OTSC.
Inner City Press filed
opposition, which Judge
Caproni docketed and denied
the sealing: Order and
filing on DocumentCloud here.
Later on
November 28, Colon's
late-coming counsel Robert
Blossner wrote in, seeming to
argue that the memo and all
letters are sealed because
Colon held a proffer session,
and blaming Inner City Press
for having reported statements
made in open court during the
sentencing of another of his
paying clients, Ahrman Burke
(21-cr-550-VM), who cooperated
against Alec Dupuis
(21-cr-707-JSR).
Inner City Press reiterated
that the sentencing material
should be unsealed. The
current record shows that
Blossner has received payments
originating from Colon's
brother Hector, described as a
target in the case.
On November 30
past noon, the sentencing memo
was unsealed - it is now, in
its entirely, on DocumentCloud
here.
But additional
letters and material were to
be filed on December 1 but
weren't, with defense counsel
blaming their paralegal, or
office closure. They should be
filed December 4. Watch this
site.
This comes
as, for example, all of the
sentencing letters of OneCoin
crypto currency fraudster
Sebastian Greenwood were
sealed, regarding which Inner
City Press filed a notice of
appeal, and has consented to
email service.
Sentencing
materials must be public, to
understand the bases of
sentencing. Watch this site.
This case
is US v. Colon, 18-cr-526
(Caproni)
***
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