| Arias
Casilla Drug Sentencing Had Evidence of
Warrantless Search In Now Gets Time Served
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
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SDNY COURTHOUSE,
Nov 9 – Omar Arias Casilla was
charged in a drug conspiracy.
He had asked to be released on
bond.
U.S. District Court for the
Southern District of New York
Judge Analisa Torres held a
bail reconsideration hearing.
Inner City Press covered
it.
Judge
Torres asked about an
affidavit from Arias'
employer, also signed by an
Arias.
No relation, the
defendant said.
Judge Torres
found that defendant had not
met his burden of production.
Release was denied.
Jump cut to
January 3, 2023: "ORDER as to
Omar Arias Casilla. On
November 16, 2022, the Court
held a Fatico hearing to
determine whether evidence
seized from a warrantless
search of Defendant Omar Arias
Casilla's apartment may be
considered at sentencing. The
Court deferred consideration
of the issue and directed the
parties to file briefs
regarding the admissibility of
the Exhibits. Dkt. Entry
11/16/22; Hearing Tr.
112:25113:2, 115:720. Having
reviewed the parties briefs,
the record, and relevant
caselaw, the Court concludes
that the Exhibits are
admissible and entitled to
substantial weight. The
Exhibits are therefore
ADMITTED as defense exhibits
69, respectively. The Exhibits
are admissible and entitled to
substantial weight.
Accordingly: Exhibit A, ECF
No. 78-1 at 23, is ADMITTED as
Defense Exhibit 6. Exhibit B,
ECF No. 78-1 at 4, is ADMITTED
as Defense Exhibit 7. Exhibit
C, ECF No. 78-1 at 5, is
ADMITTED as Defense Exhibit 8.
Exhibit D, ECF No. 78-1 at 6,
is ADMITTED as Defense Exhibit
9. (Signed by Judge Analisa
Torres on 1/3/23)."
And on January
25, a new schedule: "ORDER as
to Omar Arias Casilla: On
November 16, 2022, the Court
held a Fatico hearing to
determine whether evidence
seized from a warrantless
search of Defendant Omar Arias
Casilla's apartment may be
considered at sentencing. Dkt.
Entry 11/16/22; Def. Request
at 12, ECF No. 69. At the
hearing, Defendant sought to
introduce into evidence four
exhibits, to which the
Government objected. Gov.
Fatico Mem. at 1, ECF No. 81;
Hearing Tr. 110:11112:24. The
Court deferred consideration
of the issue and directed the
parties to file briefs
regarding the admissibility of
the Exhibits."
Jump cut again to
November 9, 2023: Time served
and removal: Sentencing held
on 11/9/2023 for Omar Arias
Casilla (1) Count 1s.
Sentencing held for Defendant
Omar Arias Casilla. Defendant
sentenced to time served, for
the reasons stated on the
record, and shall be removed
upon release from federal
custody."
The case is US v.
Arias Casilla et al.,
21-cr-218 (Torres)
***
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