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Defendant Seeking Year and a Day Cursed at the Court Now 2d Day of Sentencing Reiterated

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, March 28 – There was an interrupted sentencing of a defendant with a sentencing memo heavily redacted and docketed on March 27, days after it was submitted in the U.S. District Court for the Southern District of New York.  It broke down:

"ORDER as to Raul Acosta: During the sentencing proceeding today, Defendant repeatedly demanded to leave the Courtroom, was disruptive, loud, agitated, and acted in a manner that required the Marshals to restrain him. He had to be escorted from the Courtroom by the Marshals. This is not the first time the Defendant had engaged in outbursts in the Courtroom. Indeed, at his arraignment on August 31, 2023, Defendant yelled and cursed at the Court such that his attorney requested that he be excused from the courtroom for the remainder of the proceeding. ECF No. 8 at 5. The Court did not excuse him and completed the proceeding with Defendant present. Given the disruption and disorderly conduct of the Defendant, the Court adjourned the sentencing hearing and has scheduled a new date."   

Noteworthy in light of another adjourned sentencing in SDNY on March 27, that of Aimee Harris covered by Inner City Press, "[t]he Court hereby warns Defendant that subsequent displays of disorderly and disruptive behavior will result in his removal from the courtroom. See Fed. R. Crim. P. 43(c)(1)(C) ("A defendant... who had pleaded guilty... waives the right to be present... when the court warns the defendant that it will remove the defendant from the courtroom for disruptive behavior, but the defendant persists in conduct that justifies removal from the courtroom."). (Signed by Judge Jennifer L. Rochon on 3/27/2024) 

On March 28, Federal Defenders asked on Acosta's behalf that he not be required to attend the second day of sentencing.
  Late on March 28, Judge Rochon denied the request and said Acosta shall appear.

  The case is  US v. Acosta, 23-cr-376 (Rochon)


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