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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)

sdny

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