| Asylum
Seeker from
Guatemala
Indicted for
Kilo of Heroin
Seeks to
Suppress Cites
Miranda
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
May 9 – A
woman from
Guatemala who
drives an Uber
was arrested
for picking up
one kilogram
of
heroin.
On
August 9 she
was presented
before U.S.
District Court
for the
Southern
District of
New York
Magistrate
Judge Gabriel
W. Gorenstein.
Inner City
Press was
there, the
only media in
the SDNY Mag
Court.
The
Assistant US
Attorney asked
for detention
on grounds of
risk of
flight, saying
that Virginia
Marisol Lemus
Recinos
entered the
country
illegally. He
acknowledged
she has
applied for
asylum.
The Federal
Defender said
she fled
Guatemala and
threats to
burn her house
down ten years
ago and might
be eligible
for the safety
valve.
Judge
Gorenstein
said he
doubted she
would
"self-deport."
He ordered her
released on
$50,000
bond.
On
September 6
Recinos was
indicted, and
on September
11 the
assigned
District Judge
Arun
Subramanian
set
arraignment
and initial
conference for
September 15
at 3 pm.
Inner
City Press
went at 3 pm.
The upshot:
motions are
due by
December 14,
with time
excluded under
the Speedy
Trial Act
until a
January 30,
2024
conference at
3 pm.
Jump
cut to October
8, 2024 when
Federal
Defenders
wrote in
asking for
another month
to try to work
out a deferred
prosecution.
It
did not work -
on May 9, 2025
the Federal
Defenders
filed a motion
seeking to
suppress what
was found on
the
defendant's
phone after
she gave her
passcode,
citing
Miranda.
The
case is
USA v.
Recinos,
1:23-cr-464
(Subramanian)
***
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