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Man With Gun in Bedroom Is Detained After Time Served Sentence For Crack Conviction

By Matthew Russell Lee, Patreon Maxwell Book
BBC - Guardian UK - Honduras - ESPN

SDNY MAG COURT EXCLUSIVE, Oct 25 -  In the U.S. District Court for the Southern District of New York on October 25, a Violation of Supervised Release proceeding was held by Magistrate Judge Robert W. Lehrburger on a defendant who, a search warrant found, had a loaded gun in a jacket in his bedroom. Inner City Press was there, the only media in the Mag Court.

 The defendant had previously gotten a time served sentence after conviction for conspiracy to distribute narcotics: crack. The sentencing guideline, according to the sentencing transcript, had been 37 to 46 months; the downward variance was based on what he had been doing since he was out on bond and the need to provide mental health treatment.

  The Assistant US Attorney argued for detention based on the gun.  A Criminal Justice Act lawyer from Mayer Brown LLP, filling in for the defendant's ongoing CJA lawyer who was said to be at the EDNY in Brooklyn, argued for release, saying the link to the gun was unclear.

  Judge Lehrburger agreed that more needed to be known about the gun, and the basis for the search warrant that found. He ordered the defendant detained "for now," noting that the District Judge would hold a conference in two days, on October 27.

The overall case is US v. Mickens, et al., 18-cr-657 (Carter / Lehrburger)



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