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Bronx Man Arrested With Gun Sought Dismissal Citing Bruen Now Asks 2 Years

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Sept 3 – Nick Laguna was arrested in front of 751 Dawson Street in the South Bronx in April 6, 2023 with a .25 caliber pistol.

He had previously been convicted of, and was sentenced to 16 years in prison for, manslaughter. 

 On August 24, 2023 Laguna was arraigned before U.S. District Court for the Southern District of New York Magistrate Judge Sarah Netburn. Inner City Press was there, the only media in the SDNY Mag court.  

A woman and an 8-year old girl were the only other people in the Mag court gallery. Both waved at Laguna when he was brought in by US Marshals, in the tan jail uniform of the MDC in Brooklyn (where Sam Bankman-Fried is also detained, although OK-ed to leave daily to meet with his lawyers).

  Laguna pleaded not guilty; his Federal Defender did not make or renew a bail application.

 He was scheduled to be seen by the assigned District Judge Jennifer H. Rearden on September 7, the AUSA said.

Inner City Press attended on September 7. The Federal Defender previewed motions, mention the Second Amendment (the Bruen case?) and asking for a trial date in May 2024. Judge Rearden set a next conference for November 9, at 11:30 am.

At that time, Judge Rearden set a trial date of May 7, 2024, and motions in March.

And on March 30 Laguna's Federal Defenders reiterated his motion to dismiss (and to suppress) citing the Supreme Court's Bruen decision.

On April 9, the Federal Defender followed up that since the Bruen motion is dispositive, no other motions will be filed. If the motion is denied, Laguna requests a Pimintel letter estimating sentencing. Relatedly in a case before Judge Lewis A. Kaplan earlier on April, when Judge Kaplan denied the motion saying it is up to the Second Circuit, the Federal Defender said now a plea will be worked out.

The plea occurred on April 25, and on September 3 the Federal Defender wrote in asking for a 24 month sentence. Sentencing is set for September 17.

The case is US v. Laguna, 23-cr-436 (Rearden / Netburn)

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