Case details

Court: nysd
Docket #: 1:12-cr-00298
Case Name: USA v. Silva
PACER case #: 394878
Date filed: 2012-04-16
Date terminated: 2014-11-17
Date of last filing: 2014-12-12

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-03-19 1 0 Complaint COMPLAINT as to Efrain Silva (1). In Violation of 18 U.S.C. 2118 (d) (Burglary Conspiracy) (Signed by Magistrate Judge Kevin Nathaniel Fox) (dif)[1:12-mj-00732-UA]
2012-03-19 2 0 Financial Affidavit - CJA23 CJA 23 Financial Affidavit by Efrain Silva. (Signed by Judge Magistrate Judge Kevin Nathaniel Fox) (dif)[1:12-mj-00732-UA]
2012-03-19 3 0 Order Appointing Public Defender ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Efrain Silva. Peggy M. Cross-Goldenberg for Efrain Silva appointed.. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/19/2012)(dif)[1:12-mj-00732-UA]
2012-03-22 4 0 Agreement to Forfeit Property AGREEMENT TO FORFEIT PROPERTY (OTHER THAN REAL PROPERTY) by Efrain Silva. Personal Recognizance Bond in the amount of $ 150,000 PRB, 3 FRP'S; Secured by $7,500 Cash or Property; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Strict Pretrial Supervision; Drug Testing; Curfew; PTS Office Shall Assist The Deft in Returning to High School or Seeking Admission to a Program to Obtain a GED; Deft Must Reside at His Mother's Home and Must Be in that Home by 8:00 PM Nightly; Deft Detained Until All Conditions Are Met (dif)[1:12-mj-00732-UA]
2012-04-16 5 0 Indictment INDICTMENT FILED as to Esfrain Silva (1) count(s) 1. (jm); Modified on 4/18/2012 (bw).
2012-04-20 6 0 Order ORDER as to Esfrain Silva.... IT IS HEREBY ORDERED that time is excluded from the date of this order until August 7, 2012, pursuant to the Speedy Trial Act, Title 18 U.S.C. Section 3161(h)(7)(A). (Signed by Judge Thomas P. Griesa on 4/20/2012)(bw)
2012-05-18 7 0 Motion to Revoke MOTION to Revoke Defendant's Pretrial Release. Document filed by USA as to Esfrain Silva. Return Date set for 5/18/2012 at 04:30 PM. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Masimore, Jason)
2012-06-15 8 0 Transcript TRANSCRIPT of Proceedings as to Esfrain Silva held on 5/18/12 before Judge Thomas P. Griesa. (mph)
2012-08-02 9 0 Order ORDER as to Esfrain Silva. It is hereby ORDERED that time is excluded from the date of this order until August 20, 2012, pursuant to the Speedy Trial Act, Title 18, US Code, Section 3161(h)(7)(A). SO ORDERED (Signed by Judge Thomas P. Griesa on 8/2/12)(jw)
2012-08-15 10 0 Indictment (S1) SUPERSEDING INDICTMENT FILED as to Esfrain Silva (1) count(s) 1s, 2s, 3s, 4s-5s, 6s-8s, 9s. (jm)
2012-09-25 11 0 Transcript TRANSCRIPT of Proceedings as to Esfrain Silva re: Arraignment held on 8/20/12 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/19/2012. Redacted Transcript Deadline set for 10/29/2012. Release of Transcript Restriction set for 1/2/2013. (McGuirk, Kelly)
2012-09-25 12 0 Notice of Filing Transcript NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Esfrain Silva. Notice is hereby given that an official transcript of a Arraignment proceeding held on 8/20/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
2012-09-25 13 0 Endorsed Letter ENDORSED LETTER as to Esfrain Silva addressed to Judge Thomas P. Griesa from Peggy Cross-Goldenberg dated 9/17/2012 re: To respectfully request that the Court permit Mr. Silva's release on bail. Specifically, I request that the Court impose the following bail conditions, which the defense submits will ensure both Mr. Silva's appearance in Court as well as the safety of the community. He is committed to staying out of trouble, earning his GED and making a better life for himself. The defense requests that the Court impose a condition of home detention with electronic monitoring. This condition will allow for the monitoring of Mr. Silva's movements, but will permit him to enroll in a GED course that will help prepare him to pass the GED....ENDORSEMENT...SO ORDERED (Signed by Judge Thomas P. Griesa on 9/17/2012)(jw)
2012-11-21 14 0 Endorsed Letter ENDORSED LETTER as to Esfrain Silva addressed to Judge Thomas P. Griesa from Attorney Peggy Cross-Goldenberg dated November 19, 2012 re: submitted to request that the Court modify Mr. Silva's bail conditions to permit him to celebrate Thanksgiving at his girlfriend's mother's home from 3:00 p.m. until 8:00 p.m. on Thursday November 22. Both the Pretrial Services Office and the United States Attorney's Office have her address. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/21/2012)(bw)
2012-12-20 15 0 Endorsed Letter ENDORSED LETTER as to Esfrain Silva addressed to Judge Thomas P. Griesa from Attorney Peggy Cross-Goldenberg dated December 17, 2012 re: submitted to request that the Court modify Mr. Silva's bail conditions to permit him to celebrate Christmas with his girlfriend's family at the home of her aunt, Kenia Cisneron. Ideally, Mr. Silva would like to leave his home at noon on Christmas Eve, spend the night at Ms. Cisneron's home, and return to his home at 10:00 a.m. on Christmas night. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 12/20/2012)(bw)
2013-02-28 16 0 Endorsed Letter ENDORSED LETTER as to Esfrain Silva addressed to Judge Thomas P. Griesa from Jason A. Masimore dated 2/26/2013 re: The Government respectfully requests that the Court exclude time until the next pretrial conference, scheduled on March 14, 2013. Defendant and his counsel need additional time to review discovery and consider what motions to be made and whether to negotiate towards a disposition. ENDORSEMENT: Approved. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/28/2013)(dnd)
2013-03-15 17 0 Endorsed Letter ENDORSED LETTER as to Esfrain Silva addressed to Judge Thomas P. Griesa from Attorney Peggy Cross-Goldenberg dated March 13, 2013 re: submitted to request an adjournment of the conference currently scheduled for Thursday, March 14, 2013. I understand from Your Honor's Chambers that the Court would be avaialble to for a conference in this case on Thursday, May 2, 2013 at 4:30 p.m. I respectfully request that the Court schedule the conference for that time. The government requests that the time from March 14 until May 4 be excluded from any Speedy Trial calculations and, on behalf of Mr. Silva, I consent to that exclusion. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 3/15/2013)(bw)
2013-05-03 18 0 Endorsed Letter ENDORSED LETTER as to Esfrain Silva addressed to Judge Thomas P. Griesa from Peggy Cross-Goldenberg, Esq dated 5/2/2013 re: The requested modifications are that he be allowed to leave his home on May 18, 2013, to attend mass at Church of the Holy Name of Jesus Church, located at 207 West 96th Street in Manhattan, and that, at a date and time approved by his supervising pretrial services officer, he be permitted to use the free movie coupons he received as a result of his attendance at the Fortune Society...ENDORSEMENT..SO ORDERED. (Signed by Judge Thomas P. Griesa on 5/2/2013)(jw)
2013-10-10 19 0 Transcript TRANSCRIPT of Proceedings as to Esfrain Silva re: Plea held on 9/12/13 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/4/2013. Redacted Transcript Deadline set for 11/15/2013. Release of Transcript Restriction set for 1/11/2014. (Rodriguez, Somari)
2013-10-10 20 0 Notice of Filing Transcript NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Esfrain Silva. Notice is hereby given that an official transcript of a Plea proceeding held on 9/12/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari)
2013-10-11 21 0 Letter Motion LETTER MOTION addressed to Judge Thomas P. Griesa from AUSA Jason A. Masimore dated 10/11/2013 re: Motion to Remand Defendant Pending Sentencing. Document filed by USA as to Esfrain Silva. (Attachments: # (1) Exhibit A - Pretrial Services Violation Report (10/9/2013), # (2) Exhibit Proposed Order for Defendant to Surrender)(Masimore, Jason)
2013-10-17 22 0 Order ORDER as to Esfrain Silva. IT IS HEREBY ORDERED that the defendant shall surrender to the U.S. Marshal's Office in this district by no later than 5pm on Wednesday, October 23, 2013. (Signed by Judge Thomas P. Griesa on 10/17/2013)(jw)
2014-01-22 23 0 Endorsed Letter ENDORSED LETTER as to Esfrain Silva addressed to Judge Thomas P. Griesa from Attorney Peggy Cross-Goldenberg dated January 10, 2014 re: submitted to request that the Court reschedule Mr. Silva's sentencing currently scheduled for January 14, 2014. I have been informed by Your Honor's Chambers that the Court would be available to hold the sentencing in this matter on Wednesday, February 26 at 3:00 p.m. and I respectfully request that the Court reschedule the sentencing to that time. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 1/22/2014)(bw)
2014-08-19 24 0 Letter LETTER by USA as to Esfrain Silva addressed to Judge Thomas P. Griesa from AUSA Jason A. Masimore dated 8/19/14 re: Letter Concerning Anticipated Guilty Plea of Defendant Esfrain Silva and Government Factual Proffer Document filed by USA. (Attachments: # (1) Exhibit A (Anticipated Superseding Information S2 12 Cr. 298 (TPG)))(Masimore, Jason)
2014-08-19 25 0 Order for Forfeiture of Property CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Esfrain Silva. IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney, Preet Bharara, United States Attorney, Assistant United States Attorney Jason A. Masimore, of counsel, and the defendant, and his counsel, Peggy Cross-Goldenberg, Esq. that As a result of the offenses charged in Counts One through Thirteen of the Superseding Information, to which the defendant pled guilty, a money judgment in the amount of $190,000 in United States currency (the "Money Judgment") shall be entered against the defendant. The defendant shall not contest any criminal, civil or administrative forfeiture of the Specific Property, or file a petition for remission, or to assist a third party in asserting a claim or filing a petition for remission relating to the Specific Property with the Department of Justice. (Signed by Judge Thomas P. Griesa on 8/19/14)(jw)
2014-08-19 26 0 Information - Felony (S2) SUPERSEDING INFORMATION (Felony) filed as to Esfrain Silva (1) count(s) 1ss, 2ss-13ss. (jbo)
2014-08-19 27 0 Waiver of Indictment WAIVER OF INDICTMENT by Esfrain Silva. (jbo)
2014-09-17 28 0 Transcript TRANSCRIPT of Proceedings as to Esfrain Silva re: Plea held on 8/19/2014 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Sabrina D'Emidio, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2014. Redacted Transcript Deadline set for 10/23/2014. Release of Transcript Restriction set for 12/19/2014. (McGuirk, Kelly)
2014-09-17 29 0 Notice of Filing Transcript NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Esfrain Silva. Notice is hereby given that an official transcript of a Plea proceeding held on 8/19/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
2014-11-11 30 0 Sentencing Submission SENTENCING SUBMISSION by USA as to Esfrain Silva. (Attachments: # (1) Exhibit 1)(Masimore, Jason)
2014-11-17 31 0 Judgment JUDGMENT: As to Esfrain Silva (1), Count(s) 1, 1s, 2s, 3s, 4s-5s, 6s-8s, 9s, Dismissed. Count(s) 1ss, 2ss-13ss, Imprisonment: 84 Months to run concurrently. Supervised Release: 3 Years. The court makes the following recommendations to the Bureau of Prisons: Defendant receive drug and alcohol treatment while incarcerated. Defendant be incarcerated as close to New York as possible. The defendant is remanded to the custody of the United States Marshal. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant is to pay an assessment fee of $1,300.00 due immediately. (Signed by Judge Thomas P. Griesa on 11/17/2014)(dnd)
2014-11-17 32 0 Amended Judgment AMENDED JUDGMENT IN A CRIMINAL CASE as to Esfrain Silva (1). Date of Original Judgment:11/17/2014. Reason for Amendment: Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36). Original judgments imprisonment page stated term of imprisonment: EIGHTY-FOUR ***(4) MONTHS on each of counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 11, 12, & 13, to run concurrently. Amended judgment reflects correction to EIGHTY-FOUR ***(84) MONTHS on each of counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 11, 12, & 13, to run concurrently. (Signed by Judge Thomas P. Griesa on 11/17/2014)(dnd)
2014-12-12 33 0 Transcript TRANSCRIPT of Proceedings as to Esfrain Silva re: Sentence held on 11/12/2014 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/5/2015. Redacted Transcript Deadline set for 1/15/2015. Release of Transcript Restriction set for 3/16/2015. (McGuirk, Kelly) 2016-06-09 15:12:28 2314a05bf6eb9f1613b558b0d7d013cc25d118d2
2014-12-12 34 0 Notice of Filing Transcript NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Esfrain Silva. Notice is hereby given that an official transcript of a Sentence proceeding held on 11/12/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)