For Christmas Shotgun Robbery Men
Appeared in Jury Box Now US Wants 65 Months
on D-1
By Matthew
Russell Lee, Patreon Maxwell
Book
SDNY COURT
EXCLUSIVE, Sept 6 - In
the U.S. District Court for
the Southern District of New
York on January 20, 2023 a
detention or bond proceeding
was held by Magistrate Judge
Barbara C. Moses on a 34-year
old man charged for a role in
two armed robberies, one on
Christmas Eve (with a shotgun)
and the second on December 26.
The
defendant, Francis Shane, said
through his Federal Defender
that he is or was slated to
begin a job at Bronx Lebanon
Hospital on February 10. Judge
Moses quizzed the Assistant US
Attorney if the jacket she
said was in the surveillance
video and in Shane's home when
he was arrested was, while
distinctive, not bespoke or
unique. (The Federal Defender
said it could be bought on
Canal Street today, as a
knock-off).
It was
said Shane's mother would sign
a $50,000 bond, with a NYC
Board of Education pension.
Other co-signers were
identified by name, unlike
what FTX's Sam Bankman-Fried
is demanding.
Judge Moses
thanked both sides for that
advocacy and said that the
defendant would be detained.
As she wrote up a medical
order - on the new form, the
USMS number is required -
Shane said that his mother is
a Jehovah's Witness and that
"I finished the program."
Jump cut to July
19, 2023 when Francis Shane
and co-defendants appeared in
the jury box before the
assigned District Judge,
Ronnie Abrams. Judge Abrams
picked May 6, 2024 as the day
for trial, add that if one or
more plead guilty, the date
could be moved up.
On May 3,
co-defendant Shawn Thomas who
pled guilty on December 20
asked for "well below 70
months" when he is sentenced
on May 17.
On May 8, counsel
for co-defendant Yahtek
Johnson asked for a sentence
of 36 months, noting that his
father died of COVID in Rikers
in 2021 - he learned of it on
a TV report...
On May 10 on
Shawn Thomas, the US
Attorney's Office wrote in
asking for 87 months.
[On May 21,
Thomas got 72 months in prison
then three years of supervised
release.]
On May 15, the US
Attorney's Office wrote in on
Yahtek Johnson, asking for 60
months on May 22.
As to
those holding out for trial,
it's back on. On May 17 Judge
Abram issued an order noting
that the 2d Circuit's May 15
decision in US v. Hussain
(Barrett) that arguments that
substantive Hobbs Act robbery
is not a crime of violence is
foreclosed by US v McCoy (2d
Cir. 2023). So a joint letter
by May 22, about trial as
early as June 17.
On July 10,
Michael Wilbon pled guilty in
the SDNY Magistrates court.
On September 6
for the lead named defendant's
sentencing on September 13,
the US wrote in asking for 65
months.
The case is US v.
Shane, et al., 23-cr-52
(Abrams / Netburn)
***
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