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Bronx Man Was Charged With Crack and Gun by Mitchell Houses Now Arau Asks for 7 Years

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Jan 29 – Xavier Arau was charged with selling crack with a gun near the Mitchell Houses in the Bronx.          

        On September 21, 2021 U.S. District Court for the Southern District of New York Judge Mary Kay Vyskocil held a proceeding. Inner City Press covered it.

 The complaint cites a Confidential Source-1 with prior state convictions for robbery and narcotics, and provides info for money.

 On September 21, 2021 there was talk of a cell phone seized from the defendant.

Jump cut to September 16, 2022: co-defendant Roberto Espinosa was brought into the SDNY Magistrates Court, the last presentment of the day. But the CJA lawyer on duty might have a conflict of interest. They went out into the hall, and when they returned she was appointed only for presentment. After detention on consent, there was talk of re-doing the appoint of counsel next week, as the next all-defendant proceeding (on October 4 at 2 pm) would be too busy.

On August 14, 2023 before Judge Vyskocil, lead defendant Xavier Arau was brought in in MDC tan and pleaded guilty to Count 3. His sentencing was set for December 7 (his counsel declined a November 29 date). There were two other people in the gallery, where Inner City Press was: apparently Arau's parents.

On January 29, Arau's counsel wrote in, now for a February 12 sentencing, and asked for the 7 years or 84 months mandatory minimum. She said he held a gun in a group photo but did not actually brandish it. He wants to move upstate and not back to The Bronx, she writes.

On October 16, 2023 counsel to co-defendant Juan Manuel Reyes-Cruz wrote in asking for a below guidelines sentence on October 30, noting that he is in another case before Judge Broderick for the same conduct, and citing the PSR by Mitigation Specialist Kristin Hogan of 888 Grand Concourse in The Bronx. She, or he, describes Mott Haven in The Bronx as "wild"

On October 24, the US wrote in, quoting the defendant dancing in jail with knives, the video of which was posted with the caption "The Mitch getting sturdy in the feds they be home." The Mitch is the Mitchell Houses, the prosecutors say - and ask for ten years.

Juan Reyes' sentencing was pushed to December 8. On December 5, co-defendant Jamie Wilkins pled guilty, with sentencing set for March 28, 2024 at 11 am.

On December 7, co-defendant Davion Trusty pleaded guilty, with sentencing April 16, 2024 at 11 am.

The case is US v. Arau, et al., 21-cr-570 (Vyskocil) 


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