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Bronx Man Pled to Crack and Gun by Mitchell Houses Now US Asks 151 Months on Wilson

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, July 2 – 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, 2024 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 February 5, the US Attorney's Office wrote in seeking the same sentence, the stipulated guidelines sentence of 84 months, on February 12.

On February 12, Inner City Press was present in the gallery, as were members of Arau's family. He was sentenced to the mandatory minimum seven years, while Judge Vyskocil praised him for educational programs at the MDC. At first his lawyer requested a designation far update New York, then, as close as possible to Orange County.

On May 7, 2024, counsel for Henry Jones wrote in, noting the high guideline and asking for a sentence of 240 months - twenty years.

On May 14, the US Attorney's Office on Henry Jones asked for 30 years, citing instagrams dissing victims and contraband phones.

On May 21, Jones got thirty years: "JONES participated in the murder of 19-year-old Darren Scruggs, attempted to murder another person, supplied his fellow gang members with the crack cocaine that they sold on a near-daily basis, and ensured that his fellow gang members were armed with guns."

On June 25 counsel to Amier Wilson asked for 10 years when he is sentenced on July 9.

Back 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, then to March 5, 2024. On February 28 his lawyer wrote in to arguing that while the US Attorney's Office cites his social media posts "likely intend[ing] to argue that these posts are evidence of Mr. Reyes violation MDC rules regarding possession illegal cell phones," that it was in fact his mother who posted on his Instagram account.

  Back 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.

On July 2, 2024, for a July 9 sentencing, the US Attorney's Office wrote in asking for 151 months on Amier Wilson.

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


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