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Arias Casilla Drug Sentence Raised Warrantless Search Now Co-Defendant Gets Five Years

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Sept 3 – 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..

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."

On February 6, a co-defendant plead guilty: "Change of Plea Hearing as to Luis Alberto Arias Arias held on 2/6/2024.

On May 30, Luis Alberto Arias Arias asked for 60 months, not the 188 to 235 month guideline.

On June 7, the US Attorney's Office asked for the 188 months.

When the sentencing was finally held on September 3, Inner City Press was there, from thread:

Judge: Defendant has been in the MDC for 20 months. It has mold and broken emergency call buttons. [Cites Judges Furman and Oetken] Defendant will likely be deported. Please rise. I sentence you to 60 months

  Judge Torres also noted that the defendant had played baseball in Sinaloa...

The case is US v. Arias Casilla et al., 21-cr-218 (Torres)

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