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In SDNY Case Ozuna Got 200 Months Now Colon Who Pled Guilty Has Petition Denied

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Aug 28 -- On March 24, 2020 Erick Oleaga's lawyer announced in the U.S. District Court for the Southern District of New York Magistrates Court that a case of Coronavirus had been identified in the MCC jail and 11 North locked down.

On August 12, 2020 Oleaga was before SDNY District Judge Mary Kay Vyskocil on violations of supervised release. Shroff argued that if he were richer he would take a cab to work, and not public transportation.

  But Judge Vyskocil said his many stops were not at subway stations or bodegas. She ordered Oleaga to turn himself in to the U.S. Marshals on August 14 in the morning. After listening to further argument she said, You have my ruling.

On March 26, 2021 in the case overall case, this: "as to Julio Ozuna (1), Count(s) 1, 1s, 2, 3, 3s, 4, 4s, 6s, 7s, 8s are dismissed on the motion of the US. Pleaded guilty to Count(s) 2s, Imprisonment for a total term of 200 Months. Supervised release for a term of 3 Years."

  On March 17, 2022, this: "JUDGMENT IN A CRIMINAL CASE as to Prince Gaines (4). THE DEFENDANT: pleaded guilty to Count One of the S2 Information. Count 4 of the S1 Indictment is dismissed on the motion of the United States. IMPRISONMENT: 60 months. The court makes the following recommendations to the Bureau of Prisons: The Court recommends the defendant be housed in a facility close to the Bronx. The Court further recommends the defendant have access to any educational or vocational programs that are available at said facility. The defendant is remanded to the custody of the United States Marshal."

  Back on February 22, 2022, this: "ORDER ADJOURNING SENTENCING as to Nazeem Francis... Given counsels' representations that they have not "review[ed] the Presentence Report with Mr. Francis," the Court is constrained to adjourn the sentencing hearing.
 
  When it happened, the sentence was 20 years - 240 months: "Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Sentencing held on 5/24/2022 for Nazeem Francis (2) Count 2. Bobbi Sternheim and Elizabeth Macedonio were present were defendant, AUSA Frank Balsamello was present for the government. Defendant was sentenced to 20 years and 3 years supervised release." Francis is 22 years old.

Back on April 1, 2021 co-defendant Khalil Suggs was set to plead guilty - and on September 7, 2021 he was sentenced, and Inner City Press covered it.

   Judge Vyskocil said the offense level was 24, plus two for luring a confidential informant into a stairwell and telling another to kill him (which didn't happen, both the AUSA then Judge Vyskocil remarked), minus one at the government's request.

 In the end Judge Vyskocil imposed the mandatory minimum of 60 months, to be followed by six years of supervised release. She told Suggs this could be an inflection point.

 Back on December 16, 2020 Judge Vyskocil held another proceeding in this multi-defendant case. Inner City Press covered it. There was discussion of video evidence; the AUSA said that plea offers had been made but that she understand the logistical difficulties of conveying and discussion them.

  One of the defendant had elected not to waive a conflict by his lawyer, who has thus been replaced, with a Curcio hearing canceled.

At the end, this: Pretrial Conference as to Julio Ozuna, Nazeem Francis, Jonathan Colon, Prince Gaines, Erick Oleaga, Khalil Suggs, Victor Martinez held on 12/16/2020. Next conference scheduled for 2/24/21 at 11am.

 Jump cut to August 28, 2024 - Colon had pleaded guilty, and then moved that he was coerced into the plea and his counsel were ineffective. Judge Vyskocil denied the petition.

 The case is US v. Ozuna, et al., 20-cr-213 (Vyskocil).  

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