| Drugs to The
Bronx From PR Led to Verdicts Now
Fernandez Colon Gets 108 Months
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
April 10 – Abel Montilla and
ten others were indicted for a
narcotics conspiracy involving
sending cocaine into the
mainland United States from
Puerto
Rico.
On October 13,
2020 U.S. District Court for
the Southern District of New
York Judge P. Kevin Castel
held an arraignment and
scheduling proceeding. Inner
City Press covered it.
A range of
CJA lawyers, including as to
one the law firm of Debevoise
& Plimpton, entered not
guilty pleas for their
clients.
Discovery on
large external hard drives was
discussed.
On November 16,
2022, co-defendant Esteban
Vargas Sanjuro was brought
into Magistrates Court,
seeking release on bond. Inner
City Press was there; the
defendant's wife was in the
gallery. The defense lawyer
offered a $350,000 bond, seven
co-signers. But nothing in the
package addressed the "danger
to the community" posed by
continued import of cocaine in
custom-made furniture from
Puerto Rico, Magistrate Judge
Jennifer E. Willis ruled.
Sanjury remains detained.
Jump back
to September 26, 2022. Abel
Montilla was on (first) trial,
and initial co-defendant
Anabel Colon Reyes on the
witness stand. She testified
about package of cocaine
mailed, including to DHL, from
Puerto Rico to Orlando,
Florida and to The Bronx. She
was arrested in September
2019, spent seven days in jail
then decided to cooperate with
the government. She wants a
5K-1 letter.
Montilla's
defense lawyer asked why she
had gotten interested in his
client's nickname, Cochabomba,
and not Peter "El Loco." Judge
Castel called the end of the
trial day.
On September 28,
this: "Re: United States v.
Abel Montilla, a/k/a “Coche
Bomba,” S9 19 Cr. 536 (PKC)
Dear Judge Castel: The
Government writes to
respectfully request that the
Court adjourn trial in the
abovecaptioned case until the
Government’s remaining witness
(“CW-1”) is able to satisfy
the Southern District’s COVID
protocols and enter the
courthouse, so that CW-1 may
testify in person. (See Ct.
Exs. 2, 3; Sept. 28, 2022
Trial Tr. at 358.) The
Government has discussed this
matter with defense counsel
and defense counsel has
conveyed that the defendant
does not object to an
adjournment. As the Court is
aware, CW-1 arrived in Court
today to testify as a
Government witness. After
taking the witness stand, but
before the jury entered the
courtroom, CW-1 indicated to a
Spanish language interpreter
that CW-1 was experiencing
symptoms consistent with
COVID-19. At the Court’s
direction, CW-1 was removed
from the courtroom and a PCR
test was administered, which
came back positive for
COVID-19."
On September 29,
Inner City Press went to
Courtroom 11D as Judge Castel,
after argument, declared a
mistrial based on "manifest
necessity."
In the re-trial,
on December 19, 2022, this:
"JURY VERDICT as to Abel
Montilla (7) Guilty on Count
1s."
And on March 22,
2023, this: "JUDGMENT In A
Criminal Case (S15
19-Cr-536-07). Date of
Imposition of Judgment:
3/22/2023. Defendant Abel
Montilla IMPRISONMENT: 204
months. - The court makes the
following recommendations to
the Bureau of Prisons:
Defendant serve his sentence
as closed as feasible to
Springfield, Massachusetts to
facilitate family visits. -
The defendant is remanded to
the custody of the United
States Marshal. SUPERVISED
RELEASE: 5 years. Standard
Conditions of Supervision (See
page 4 of Judgment). Special
Conditions of Supervision (See
page 5 of Judgment).
ASSESSMENT: $100.00, due
immediately. (Signed by Judge
P. Kevin Castel on
3/22/2023)(bw)
On November 4,
Inner City Press was in the
Magistrates Court when a
co-defendant of Montilla came
in and pleaded not guilty:
"Minute Entry for proceedings
held before Magistrate Judge
Barbara C. Moses:Arraignment
as to Esteban Vargas Sanjurjo
(13) Count 1,2 Esteban Vargas
Sanjurjo (13) Count 1,2 held
on 11/4/2022. Defendant is
present with attorney Victor
Molina; AUSA Andrew Jones and
Spanish Interpreter are also
present. Brady Order given.
Plea entered by Esteban Vargas
Sanjurjo (13) Count 1,2
Esteban Vargas Sanjurjo (13)
Count 1,2 Not Guilty."
On February 15,
2023, co-defendant Roberto
Juan Nieves Perez had a bail
hearing. An apartment on Arden
Street had been rented for
him. But Judge Castel
hearkened back to 4000 kilos
of cocaine being packed into
furniture the defendant made
in his shop in Puerto Rico,
and his travel to the
Dominican Republic in 2022. He
was ordered detained pending
trial.
On September 25,
2023 the AUSA wrote in asking
for a change of plea
proceeding for Nieves-Perez.
It happened:
"Minute Entry for proceedings
held before Judge P. Kevin
Castel: Change of Plea Hearing
as to Roberto Juan Nieves
Perez held on 10/3/2023.
Defendant changes not guilty
plea and pleads guilty to the
lesser included offense in
Count 1. Defendant admits
forfeiture allegations in
paragraphs 6, 7 and 8 of the
S14 Indictment. Sentencing is
scheduled for January 11, 2024
at 11:00 a.m. Defendant is
remanded into custody."
On October 3,
Judge Castel scheduled another
plea: "MEMO ENDORSEMENT as to
(19-Cr-536-13) Esteban Vargas
Sanjurjo on re: [451] LETTER
MOTION filed by USA addressed
to Judge P. Kevin Castel from
USA dated October 3, 2023 re:
Request to schedule
change-of-plea proceeding."
On November 7,
2023, Judge Castel was
presiding over the trial of
co-defendant Omar Lopez Castro
a/k/a Cache. Five kilos of
cocaine put into furniture,
and a house in El Caito in
Carolina, Puerto Rico, were
referenced.
He was convicted,
with sentencing in February
2024: "conviction in Manhattan
federal court of OMAR LOPEZ
CASTRO for his participation
in a cocaine trafficking
scheme between 2018 and
2022. The jury convicted
LOPEZ CASTRO following a
one-week trial before U.S.
District Judge P. Kevin
Castel. Sentencing of
LOPEZ CASTRO is scheduled for
February 22, 2024."That was
extended to June 25, 2024.
On March 12,
2024, for co-defendant Roberto
Nieves-Perez, counsel asked
for the minimum: 60 months.
The furniture maker had
already spend 18 months in the
MDC.
On March 14, for
co-defendant Esteban Vargas
Sanjuro, counsel asked for an
unspecified downward variance,
noting that he had been a
personal assistant to a major
league baseball player who
played for the New York Mets,
the Washington Nationals and
the Milwaukee Brewers.
On March 22 for
Vargas Sanjuro, the US asked
for 151 to 188 months.
On March 28,
Vargas Sanjuro got 162 months.
On April 2 on
Roberto Nievez Perez, the US
Attorney's Office asked for
135 months.
On April 9,
Nieves Perez was sentenced to
128 months by Judge Castel.
On April 10, a
co-defendant got 108 months:
"Minute Entry for proceedings
held before Judge P. Kevin
Castel: Sentencing held on
4/10/2024 for Eric Manuel
Fernandez Colon (11) Count
1ss. Defendant is sentenced to
108 months imprisonment, 5
years supervised release,
forfeiture ordered in the
amount of $43,000."
Inner City
Press will continue to follow
the case.
The case is US v.
Montilla, et al., 19-cr-536
(Castel)
***
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