Man in a Walker With a
Sealed Docket Called Risk of
Flight But Released Now Asks No
Jail
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Sept 3 – Marcelino Hernandez
was indicted in 2018 for
heroin and fentanyl, in the
U.S. District Court for the
Southern District of New York.
Then the docket entries of his
December 18, 2018 guilty plea
and August 27, 2020 sentencing
were sealed.
Jump cut
to March 22, 2024, when
Marcelino Hernandez was
brought before SDNY Magistrate
Judge Gary Stein, moving
slowly with a walker. The
Assistant US Attorney called
him a risk of flight, which
seemed unlikely, at least to
Inner City Press, the only
media there in the SDNY Mag
Court.
He had
been taken into federal
custody in Lincoln Hospital in
the South Bronx. Judge Stein
agreed he could be bailed on
$20,000 bond, with a friend's
apartment on East 138th Street
to be inspected before he was
released.
The
day's CJA lawyer, from a large
law firm based in New Jersey,
agreed with Judge Stein that
he or his firm would get
Hernandez a phone, so that
Probation can reach him. A
medical order was filled out.
Apparently he was
not released.
Jump cut to
September 3, when the NJ firm
wrote in asking for no more
jail time, saying Hernandez
with his sealed NYS
dispositions has already been
incarcerated for 168 days. He
is to be sentenced on
September 5.
The case is
US v. Hernandez, 18-cr-155
(Woods / Stein)
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