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After Armed Robbery of Smokeshop Morgan Seeks Program Now Hernandez Gets 18 Months

By Matthew Russell Lee, Patreon Maxwell Book

SDNY COURT EXCLUSIVE, Jan 25 -  In the U.S. District Court for the Southern District of New York on December 22, 2022 a bail or remand proceeding was held by Magistrate Judge Gabriel W. Gorenstein on a 19 year old charged with armed robbery of a smokeshop in The Bronx on May 8, 2022 -- and with having a gun in his bedroom.

Inner City Press was present, the only media in the Mag Court. Related Mag Court live-tweeted thread (more on Patreon here) vlog here

  Counsel for defendant Edwin Pozo said his client's father is a porter, who would sign a bond for his son. Counsel for a co-defendant argued that under recent decisions in the Second, Fourth and Eleventh Circuits, Hobbs Act robbery might no longer be deemed a crime of violence.

 But Pozo was ordered detained, with a next proceeding before Judge Buchward to whom the case was belatedly wheeled out.

  Now there's a separate but related story about his co-defendant Jerimiah Morgan, below.

On March 2, 2023 Judge Buchwald held a proceeding on the three defendants - Pozo still in detention, the other two not - and Inner City Press was there.

The Assistant US Attorney mentioned a fourth defendant, Ebrima Darbo, who pled guilty before Judge Abrams.

On May 11, 2023, Edwin Pozo pleaded guilty; his sentencing is set for October 19 at noon.

The overall case had a conference scheduled for August 22 at 11:30 pm. Inner City Press, and found counsel and client in the hallway but the courtroom locked.

On October 12, the US Attorney's Office asked that Pozo be sentenced to 41 to 51 months in prison when he is sentenced on October 19.

On October 19,2023 Edwin Pozo was sentenced to 36 months or three years in prison: "Sentencing held on 10/19/2023 for Edwin Pozo (2) Count 1.  The Court sentenced Defendant to 36 months; three years supervised release subject to mandatory, standard, and special conditions; and a $100 special assessment."

On January 4, 2024, co-defendant Morgan was due before Judge Buchwald at 10:45 am. But he is in school - he texted his lawyer Sabrina Shroff, who conveyed that to Judge Buchwald and waived her client's appearance.
  Shroff argued passionately that a diversion program for young adults, even in gun cases, should exist. Judge Buchwald said that at a gun, a line may be drawn. Shroff described the EDNY's POP program. It appeared that the gun made the SDNY's Young Adult Opportunities Program inaccessible. Shroff said, let's try - remember that Justice Scalia wrote Booker [which found sentencing guidelines merely advisory]. Otherwise, Shroff said, these young people will just be back on Felon in Possession charges.

Judge Buchwald seemed to say, That's their choice.  The next date, which Judge Buchwald called "put up or shut up," is February 13 at 2 pm, after Morgan gets out of school.

On January 11 for co-defendant Angel Hernandez, the US Attorney's Office asked for 24 to 30 months, stating that he "was 18... He was not a child, he was an adult."

On January 24, Hernandez was sentenced to 18 months: "Judgment in a Criminal Case as to Angel Hernandez - Imprisonment: eighteen (18) months. Supervised release: three (3) years. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2pm on 3/28/24.  (Signed by Judge Naomi Reice Buchwald on 1/25/24)."

This case is US v. Morgan, et al., 22-cr-702 (Buchwald)



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