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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