Case details

Court: nyed
Docket #: 1:13-cr-00628
Case Name: USA v. Maliza
PACER case #: 348841
Date filed: 2013-11-06
Date terminated: 2015-06-25

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-11-06 1 0 INDICTMENT as to Josue Maliza (1) count(s) 1-8. (Attachments: # 1 Criminal Information Sheet) (Galeano, Sonia) (Entered: 11/08/2013)
2013-11-07 2 0 NOTICE OF HEARING as to Josue Maliza. Arraignment set for 11/15/2013 at 11:00 AM in Courtroom 2A South before Magistrate Judge A. Simon Chrein. (Galeano, Sonia) (Entered: 11/08/2013)
2013-11-15 3 0 Letter regarding Rule 16 discovery as to Josue Maliza (Lee, Margaret) (Entered: 11/15/2013)
2013-11-15 4 0 Minute Entry: for proceedings held before Magistrate Judge Roanne L. Mann: AUSA Melody Wells; Federal Defender Lisa Hoyes. Arraignment as to Josue Maliza (1) Count 1-8 held on 11/15/2013. Plea entered by Josue Maliza (1) Count 1-8 by Josue Maliza Not Guilty on counts All Counts. Order of Speedy Trial entered: Start 11/15/13; Stop 12/20/13. (Status Conference set for 12/20/2013 at 02:30 PM in Courtroom 10C South before Judge Frederic Block.) (Galeano, Sonia) (Entered: 11/18/2013)
2013-11-15 5 0 ORDER TO CONTINUE - Ends of Justice as to Josue Maliza Time excluded from 11/15/13 until 12/20/13. (Ordered by Magistrate Judge Roanne L. Mann on 11/15/2013) (Galeano, Sonia) (Entered: 11/18/2013)
2013-11-27 6 0 MOTION to Modify Conditions of Release by Josue Maliza. (Attachments: # 1 Exhibit A: Memorandum of Decision) (Hoyes, Lisa) (Entered: 11/27/2013)
2013-12-09 7 0 RESPONSE in Opposition re 6 MOTION to Modify Conditions of Release (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Lee, Margaret) (Entered: 12/09/2013)
2013-12-23 8 0 MOTION to Modify Conditions of Release by Josue Maliza. (Hoyes, Lisa) (Entered: 12/23/2013)
2013-12-23 9 0 ORDER Modifying Conditions or Term of Supervision as to Josue Maliza. Deft's 6 Motion to Modify Conditions of Release as to Josue Maliza (1) is granted to the extent that the deft's waiver of confidentiality prohibiting NY Forensics or any other therapist shall not disclose any drug detection type tests results; type, frequency, and effectiveness of therapy; general adjustment to program rules; type and dosage of medication; response to treatment; test results (e.g. psychological, psycho-physiological measurements, vocational, sex offense specific evaluations); reasons for withdrawal; diagnosis; or prognosis. The Court in addition modified the deft's bail conditions to the extent that his therapist will file under seal and in camera monthly reports only to the Court for review. Upon the Court's review of the therapist's monthly report if there are any concerns the Court will promptly schedule a conference to discuss the report with counsel. Any reports already prepared by NY forensics which were given to pre-trial services shall not be given to the government at this time. In addition the deft may visit his mother's residence every Saturday & Sunday until 5:00p.m. provided there is an adult accompany his 5 year old daughter at all times during the visit. While at his mother's residence the deft shall not have access to any internet connecting device. (Status Conference set for 2/25/2014 at 03:30 PM in Courtroom 10C South before Judge Frederic Block.) Ordered by Judge Frederic Block on 12/20/2013. (Galeano, Sonia) (Entered: 12/23/2013)
2013-12-23 10 0 Letter regarding Rule 16 discovery as to Josue Maliza (Lee, Margaret) (Entered: 12/23/2013)
2014-06-26 13 0 MOTION to Modify Conditions of Release by Josue Maliza. (Hoyes, Lisa) (Entered: 06/26/2014)
2014-09-21 14 0 Letter regarding discovery as to Josue Maliza (Lee, Margaret) (Entered: 09/21/2014)
2014-10-14 15 0 Consent to have a plea taken before Magistrate Judge Viktor V. Pohorelsky as to Josue Maliza. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/14/2014. (Greene, Donna) (Entered: 10/16/2014)
2014-10-14 16 0 Minute Entry for proceedings held before Magistrate Judge Viktor V. Pohorelsky:AUSA Margaret Lee and Lisa Hoyes for the deft.Allocution as to Josue Maliza held on 10/14/2014, Change of Plea Hearing as to Josue Maliza held on 10/14/2014, Plea entered by Josue Maliza (1) Guilty Count 8. (Tape #12:40 - 1:15.) (Greene, Donna) (Entered: 10/16/2014)
2014-11-25 17 0 TRANSCRIPT of Proceedings as to Josue Maliza held on October 14, 2014, before Judge Pohorelsky. Court Transcriber: Fiore Reporting and Transcription Service, Inc, Telephone number (203)929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/16/2014. Redacted Transcript Deadline set for 12/29/2014. Release of Transcript Restriction set for 2/23/2015. (Rocco, Christine) (Entered: 11/25/2014)
2015-01-06 18 0 Letter MOTION for Forfeiture of Property dated January 6, 2015, requesting entry of a Preliminary Order of Forfeiture by USA as to Josue Maliza. (Attachments: # 1 Proposed Order) (King, Brendan) (Entered: 01/06/2015)
2015-01-07 19 0 PRELIMINARY ORDER OF FORFEITURE as to Josue Maliza.. Signed by Judge Frederic Block on 1/6/2015. c/m by chambers. (Piper, Francine) (Entered: 01/07/2015)
2015-02-13 20 0 Certificate of Service by USA as to Josue Maliza Affidavit of publication, legal notice was published on an official government website, www.forfeiture.gov beginning on January 14, 2015 and ending on February 12, 2015. (King, Brendan) (Entered: 02/13/2015)
2015-05-07 22 0 Letter dated 5/6/15 from Michael Innelli, Case Manager to Counsel as to Josue Maliza, enclosing a copy of the probation departments sentencing recommendation in the above case currently scheduled for sentencing 6/19/15 at 4pm. (Greene, Donna) (Entered: 05/07/2015)
2015-06-17 23 0 SENTENCING MEMORANDUM by Josue Maliza (Attachments: # 1 Exhibit A: Evaluation by Sasha Bardey, M.D., # 2 Exhibit B: Evaluation by Theresa DeSantis, Ph.D., # 3 Exhibit C: report and certificate from Queens Counseling for Change, # 4 Exhibit D: memo from federal defender social work intern, # 5 Exhibit E: letter from Jessica Freire, # 6 Exhibit F: letter from Monica Romo, # 7 Exhibit G: letter from Cesar Vasquez and Lorena Maliza, # 8 Exhibit H: letter from Jose Perez, # 9 Exhibit I: letter from Maria Elena L. de Roma, # 10 Exhibit J: letter from Klever Maliza, # 11 Exhibit K: letter from Elena Alexandra Romo Lopez, # 12 Exhibit L: letter from Enrique Romo, # 13 Exhibit M: letter from Jael Mayorga Romo, # 14 Exhibit N: letter from S.E. Vargas) (Hoyes, Lisa) (Entered: 06/17/2015)
2015-06-18 24 0 SENTENCING MEMORANDUM by USA as to Josue Maliza (Lee, Margaret) (Entered: 06/18/2015)
2015-06-25 25 0 JUDGMENT as to Josue Maliza (1), Count(s) 1-7, ALL OPEN COUNTS DISMISSED ON THE MOTION OF THE U.S.; Count(s) 8, THREE (3) YEARS PROBATION WITH THE FOLLOWING SPECIAL CONDITIONS: (1) THE DEFENDANT SHALL PARTICIPATE IN A DRUG TREATMENT PROGRAM AS DIRECTED BY THE PROBATION DEPARTMENT; (2)THE DEFENDANT SHALL PARTICIPATE IN A MENTAL HEALTH TREATMENT PROGRAM AS DIRECTED BY THE PROBATION DEPARTMENT; (3) THE DEFENDANT SHALL NOT ASSOCIATE WITH ANY CHILDREN UNDER THE AGE OF 18 ULESS A RESPONSIBLE ADULT IS PRESENT; (4) THE DEFENDANT SHALL NOT COHABITATES WITH INDIVIDUALS WHO HAVE MINOR CHILDREN UNTIL HE NOTIFIES THEM OF THIS SEX OFFENSE; (5) THE DEEFNDANT SHALL RESIGISTER AS A SEX OFFENDER; (6) THE DEFENDANT SHALL NOTIFY HIS EMPLOYER OF HIS COMPUTER RELATED OFFENSE; (7) THE DEFENDANT SHALL HAVE ALL RESIDENCES AND EMPLOYMENT PRE-APPORVED BY THE PROBATION DEPARTMENT; (8) THE DEFENDANT SHALL NOT USE A COMPUTER TO ACCESS PORNOGRAPHY OF ANY KIND AND (9) THE DEFENDANT SHALL COMPLY WITH THE STANDARD SEARCH CONDITION. THE DEFENDANT SHALL PAY A $100.00 SPECIAL ASSESSMENT.Ordered by Judge Frederic Block on 6/24/2015. (Attachments: # 1 Final Order of Forfeiture) (Piper, Francine) (Entered: 06/25/2015)
2015-06-29 27 0 Letter MOTION for Forfeiture of Property dated June 29, 2015, requesting entry of a Final Order of Forfeiture by USA as to Josue Maliza. (Attachments: # 1 Proposed Order) (King, Brendan) (Entered: 06/29/2015)
2015-07-01 28 0 FINAL ORDER OF FORFEITURE. Certified copies forwarded by chambers. Signed by Judge Frederic Block on 6/30/2015. (Greene, Donna) (Entered: 07/01/2015)
2015-11-11 30 0 NOTICE OF ATTORNEY APPEARANCE: James Darrow appearing for Josue Maliza (Darrow, James) (Entered: 11/11/2015)
2015-11-18 32 0 Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Initial Appearance re Revocation of Supervised Release as to Josue Maliza held on 11/18/2015. Appearance entered by Kannan Sundaram for Josue Maliza on behalf of defendant. Deft advised of bond conditions by the Court and signed the bond. (Tape #3:56-4:10; 4:18-4:30.) (Fernandez, Erica) (Entered: 11/23/2015)
2015-11-23 33 0 ORDER Setting Conditions of Release as to Josue Maliza (1), ROR. Ordered by Magistrate Judge Robert M. Levy on 11/18/2015. (Fernandez, Erica) (Entered: 11/23/2015)
2015-11-18 34 0 REDACTION by Josue Maliza to 33 Sealed, Order Setting Conditions of Release (Fernandez, Erica) (Entered: 11/23/2015)
2015-12-18 35 0 ORDER as to Josue Maliza: On December 17, 2015 the above defendant plea guilty to charge three (3) & four (4) of the violation of probation the Court accepted the guilty plea. After hearing from counsel and the defendant the Court revoked probation and imposed a sentence of one (I) month in custody to be followed by 5 years of supervised release with special conditions which will be listed in the final judgment. Ordered by Judge Frederic Block on 12/18/2015. (Fernandez, Erica) (Entered: 12/18/2015)
2015-12-23 36 0 Violation of Supervised Release Order as to Josue Maliza: THE REMAINING TERM OF PROBATION IS REVOKED AND THE DEFENDANT SHALL SERVE ONE (1) MONTH IN CUSTODY TO BE FOLLOWED BY FIVE (5) YEARS OF SUPERVISED RELEASE WITH SPECIAL CONDITIONS OUTLINED IN THE FINAL JUDGMENT. The governments motion to dismiss any remaining charges is GRANTED. The defendant is advised of his right to appeal and is remanded to the custody of the US Marshall for designation to a facility. Ordered by Judge Frederic Block on 12/23/2015. (Fernandez, Erica) (Entered: 12/23/2015)
2016-12-05 38 0 Order on Report of Offender Under Supervision as to Josue Maliza. SO Ordered by Judge Frederic Block on 12/2/2016. (Ramesar, Thameera) (Entered: 12/05/2016)
2017-06-05 39 0 Order on Report of Offender Under Supervision as to Josue Maliza. SO Ordered by Judge Frederic Block on 6/2/2017. (Ramesar, Thameera) (Entered: 06/05/2017)