Case details

Court: nysd
Docket #: 1:13-cr-00483
Case Name: USA v. Michel
PACER case #: 413927
Date filed: 2013-06-26
Date terminated: 2015-04-22
Assigned to: Judge John G. Koeltl

Parties

Represented Party Attorney & Contact Info
Jose Michel
Defendant (1)
TERMINATED: 04/22/2015 also known asSealed Defendant 1 TERMINATED: 04/22/2015 agent ofEl Gordo TERMINATED: 04/22/2015
Peter E. Brill
Brill Legal Group 306 Fifth Avenue, Penthouse New York, NY 10001 (212) 233-4141 Fax: (917) 259-6930 Email: pbrill@brill-legal.com
ATTORNEY TO BE NOTICED Designation: CJA Appointment

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-04-15 0 0 Oral Order to Unseal Case as to Sealed Defendant 1. (Signed by Magistrate Judge Michael H. Dolinger on 4/15/2013)(gq). [1:13-mj-00764-UA] (Entered: 04/17/2013)
2013-03-20 1 0 SEALED COMPLAINT as to Sealed Defendant 1 (1) in violation of 18 U.S.C. 286. (Signed by Magistrate Judge Michael H. Dolinger) (gq) [1:13-mj-00764-UA] (Entered: 04/17/2013)
2013-04-15 3 0 CJA 23 Financial Affidavit by Jose Michel. Approved. Appointed CJA atty Peter Brill. (Signed by Judge Magistrate Judge James C. Francis) (gq) [1:13-mj-00764-UA] (Entered: 04/17/2013)
2013-04-15 4 0 PRB APPEARANCE Bond Entered as to Jose Michel in amount of $150,000. Co-signed by 2 financially responsible persons. Travel restricted to SDNY, EDNY, MD FLA. Surrender travel documents (& no new applications). Regular pretrial supervision. Deft to be released on own signature; Remaining conditions to be met by 5/13/13 (2 FRP's(gq) [1:13-mj-00764-UA] (Entered: 04/17/2013)
2013-04-22 5 0 Rule 5(c)(3) Documents Received as to Jose Michel from the United States District Court - Middle District of Florida (Orlando). [Passport turned over to SDNY Pretrial Services Agency]. (gq) [1:13-mj-00764-UA] (Entered: 04/22/2013)
2013-04-15 6 0 CJA 20 as to Jose Michel: Appointment of Attorney Peter Brill for Jose Michel. (Signed by Magistrate Judge James C. Francis on 4/15/13). The CJA office mailed the original to the attorney and sent a copy to the file.(sao) [1:13-mj-00764-UA] (Entered: 05/09/2013)
2013-05-06 7 0 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Jose Michel. Time excluded from 5/6/13 until 6/5/13. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/6/13)(vb) [1:13-mj-00764-UA] (Entered: 05/10/2013)
2013-05-06 8 0 AFFIRMATION of Jonathan Cohen by USA as to Jose Michel in Support re: 7 Order to Continue - Interest of Justice. (vb) [1:13-mj-00764-UA] (Entered: 05/10/2013)
2013-05-15 9 0 ENDORSED LETTER as to Jose Michel addressed to Honorable Frank Maas from defendant's counsel Peter Brill dated 5/14/13 re: I am respectfully requesting an extension of two weeks, to May 29, for the defendant's sureties to complete the approval process with the US Attorney's Office. I am also requesting that the Court grant this extension nunc pro tunc from May 13, the aforementioned deadline. APPROVED. SO ORDERED. (Signed by Magistrate Judge Frank Maas on 5/15/13)(jbo) [1:13-mj-00764-UA] (Entered: 05/17/2013)
2013-06-05 10 0 AFFIRMATION of Jonathan Cohen by USA as to Jose Michel in Support re: 7 Order to Continue - Interest of Justice. (vb) [1:13-mj-00764-UA] (Entered: 06/06/2013)
2013-06-26 11 0 NOTICE OF INTENT TO FILE an Information by U.S.A. as to Jose Michel. (jm) (Entered: 06/27/2013)
2013-06-26 12 0 INFORMATION (Felony) filed as to Jose Michel (1) count(s) 1, 2, 3. (jm) (Entered: 06/27/2013)
2013-06-26 13 0 WAIVER OF INDICTMENT by Jose Michel. (jm) (Entered: 06/27/2013)
2013-06-28 14 0 ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Jose Michel. A conference is set in this matter for September 4, 2013 at 4:30pm. The Court prospectively excludes the time from today until September 4, 2013 in calculating the speedy trial date under 18 U.S.C. § 3161 in order to assure effective assistance of counsel, to allow the parties to discuss a disposition short of trial, and because the ends of justice served by ordering such a continuance outweigh the best interest of the public and the defendant in a speedy trial pursuant to 18 U.S.C. § 3161 (h) (7) (A) SO ORDERED. (Signed by Judge John G. Koeltl on 6/26/2013)(dnd) (Entered: 06/28/2013)
2013-09-05 15 0 SPEEDY TRIAL ORDER as to Jose Michel. As stated on the record at today's conference, the defendant's motions, if any, are due by November 15, 2013. The Government's response is due by November 25, 2013. The defendant's reply, if any, is due by December 6, 2013. A hearing on the motions is set for January 10, 2014 at 10:00am. The Government's 404(b) disclosures are to be made by March 3, 2014. Requests to charge, voir dire and any motions in limine are due by March 10, 2014. Responses and objections are due by March 17, 2014. A final pretrial conference is set for April 10, 2014 at 4:30pm. Trial is scheduled to begin on April 14, 2014 at 9:00am. In order to assure the effective assistance of counsel; to provide for continuity of counsel; to allow for counsel's trial schedules; and to allow the defendant the opportunity to make motions and the Court the opportunity to rule on them, the Court prospectively excludes the time from today until April 14, 2014 from Speedy Trial Act calculations.... This Order is entered pursuant to 18 U.S.C. Section 3161(h)(7)(A). SO ORDERED. (Signed by Judge John G. Koeltl on 9/4/2013)(bw) (Entered: 09/05/2013)
2013-09-05 16 0 TRANSCRIPT of Proceedings as to Jose Michel re: Arraignment held on 6/26/13 before Judge John G. Koeltl. 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 9/30/2013. Redacted Transcript Deadline set for 10/10/2013. Release of Transcript Restriction set for 12/9/2013. (Rodriguez, Somari) (Entered: 09/05/2013)
2013-09-05 17 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jose Michel. Notice is hereby given that an official transcript of a Arraignment proceeding held on 6/26/13 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) (Entered: 09/05/2013)
2013-10-28 18 0 NOTICE of Change of Address as to Jose Michel. New Address: Brill Legal Group, P.C., 15 Maiden Lane, Ste 1500, New York, NY, United States 10038, 2122334141. (Brill, Peter) (Entered: 10/28/2013)
2013-12-26 19 0 CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Jose Michel. (jm) (Entered: 12/26/2013)
2014-04-03 20 0 TRANSCRIPT of Proceedings as to Jose Michel re: Plea held on 3/3/14 before Judge John G. Koeltl. Court Reporter/Transcriber: Rose Prater, (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 4/28/2014. Redacted Transcript Deadline set for 5/8/2014. Release of Transcript Restriction set for 7/7/2014. (Rodriguez, Somari) (Entered: 04/03/2014)
2014-04-03 21 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jose Michel. Notice is hereby given that an official transcript of a Plea proceeding held on 3/3/14 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) (Entered: 04/03/2014)
2014-09-04 22 0 LETTER MOTION addressed to Judge John G. Koeltl from Peter E. Brill dated September 4, 2014 re: Adjourn sentence date . Document filed by Jose Michel. (Brill, Peter) (Entered: 09/04/2014)
2014-09-05 23 0 MEMO ENDORSEMENT granting 22 LETTER MOTION Reschedule Sentencing as to Jose Michel (1)...ENDORSEMENT..Adjourned to Friday, November 21, 2014 at 11:00am. SO ORDERED. (Signed by Judge John G. Koeltl on 9/5/14) (jw) (Entered: 09/05/2014)
2014-12-07 24 0 LETTER MOTION addressed to Judge John G. Koeltl from Peter E. Brill dated December 8, 2014 re: Request to adjourn December 19 sentencing . Document filed by Jose Michel. (Brill, Peter) (Entered: 12/07/2014)
2014-12-08 25 0 MEMO ENDORSEMENT granting 24 LETTER MOTION Adjournment of Sentencing as to Jose Michel (1). ENDORSEMENT: ADJOURNED TO FRIDAY, MARCH 6, 2015, AT 12:00PM. SO ORDERED. (Signed by Judge John G. Koeltl on 12/8/2014) (ft) (Entered: 12/08/2014)
2015-02-12 26 0 LETTER MOTION addressed to Judge John G. Koeltl from Peter E. Brill dated February 12, 2015 re: Permission to Travel . Document filed by Jose Michel. (Brill, Peter) (Entered: 02/12/2015)
2015-02-27 27 0 SENTENCING SUBMISSION by Jose Michel. (Attachments: # 1 Exhibit A - Letter from Jose Michel (defendant), # 2 Exhibit B- Letter from Jose Manuel Michel, # 3 Exhibit C - Letter from Sylvia Rexach-Michel, # 4 Exhibit D - Letter from Brianne Santana, # 5 Exhibit E - Excerpt of Jose Michel psychiatric records, # 6 Exhibit F -Sentencing minutes of Raul Felix)(Brill, Peter) (Entered: 02/28/2015)
2015-03-31 28 0 ENDORSED LETTER as to Jose Michel addressed to Judge John G. Koeltl from Attorney Peter E. Brill dated March 31, 2015 re: submitted to request an adjournment of Mr. Michel's sentencing, currently scheduled for April 2, 2015 at 11 a.m. ENDORSEMENT: Adjourned to Tuesday, April 14, 2015, at 3:00 p.m. SO ORDERED. (Signed by Judge John G. Koeltl on 3/31/2015)(bw) (Entered: 04/01/2015)
2015-04-24 29 0 SEALED DOCUMENT placed in vault. (mps) (Entered: 04/24/2015)
2015-04-22 30 0 JUDGMENT IN A CRIMINAL CASE as to Jose Michel (1), Pleaded guilty to Count(s) 1, Imprisonment for a total term of 12 Month plus one day, to run concurrently on Counts 1 and 2. Supervised release for a term of 2 years. Supervised release shall run concurrently on Counts 1 and 2. Count(s) 3 are dismissed on the motion of the US. The court makes the following recommendations to the Bureau of Prisons: That the defendant be incarcerated in the New York City, New Jersey or Pennsylvania areas, so that he may be close to his family. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2pm on July 10, 2015. The defendant shall forfeit $10,000 to the Government. Special Assessment of $200 which is due immediately. Restitution of $10,000.00. The parties represent that the defendant has paid the restitution and forfeiture amount to the Government.. (Signed by Judge John G. Koeltl on 4/20/2015)(jw); Modified on 5/4/2015 (bw). (Entered: 04/24/2015)
2015-04-27 31 0 SEALED DOCUMENT placed in vault. (rz) (Entered: 04/27/2015)
2015-05-19 32 0 TRANSCRIPT of Proceedings as to Jose Michel re: Sentence held on 4/14/2015 before Judge John G. Koeltl. Court Reporter/Transcriber: Rose Prater, (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 6/12/2015. Redacted Transcript Deadline set for 6/22/2015. Release of Transcript Restriction set for 8/20/2015. (McGuirk, Kelly) (Entered: 05/19/2015)
2015-05-19 33 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jose Michel. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/14/2015 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) (Entered: 05/19/2015)
2015-05-07 34 0 CONSENT PRELIMINARY ORDER OF FORFEITURE as to Jose Michel. IT IS HEREBY STIPULATED AND AGREED, by and between the plaintiff, United States of America, by its attorney Preet Bharara, United States Attorney, Assistant United States Attorney Jonathan Cohen, of counsel, and the defendant, by and through his counsel, Peter Brill, Esq., that Pursuant to Title 18, United States Code, Section 98l(a) (1) (C), as a result of the offense charged in Count Two of the Information, to which the defendant pled guilty, a money judgment in the amount of $10,000 in United States currency (the "Money Judgment") shall be entered against the defendant. Pursuant to Rule 32.2(b) (4) of the Federal Rules of Criminal Procedure, upon entry of this Consent Preliminary Order of Forfeiture, this Consent Preliminary Order of Forfeiture is final as to the defendant, JOSE MICHEL, a/k/a "Gordo," and shall be deemed part of the sentence of the defendant, and shall be included in the judgment of conviction therewith. The Court shall retain jurisdiction to enforce this Consent Preliminary Order of Forfeiture, and to amend it as necessary, pursuant to Rule 32.2{e) of the Federal Rules of Criminal Procedure. (Signed by Judge John G. Koeltl on 5/6/2015)(jw) (Entered: 06/05/2015)
2015-05-07 35 0 CONSENT ORDER OF RESTITUTION as to Jose Michel. IT IS HEREBY ORDERED THAT:As part of his sentence, the defendant, JOSE MICHEL, is required to pay $10,000.00 as restitution to the victim of the offense charged in Count Two, the Internal Revenue Service, at the following address: 333 West Pershing Avenue, Kansas City, Missouri, 64108. Upon being advised of a change of address, the Clerk of the Court is authorized to send payments to the new address without further order of this Court. (Signed by Judge John G. Koeltl on 5/6/2015)(jw) (Entered: 06/05/2015)
2015-06-30 36 0 LETTER MOTION addressed to Judge John G. Koeltl from Peter E. Brill dated June 30, 2015 re: Delay of Surrender to Bureau of Prisons . Document filed by Jose Michel. (Attachments: # 1 Exhibit Designation Letter, # 2 Exhibit Doctor's Letter)(Brill, Peter) (Entered: 06/30/2015)
2015-07-02 37 0 MEMO ENDORSEMENT granting 36 LETTER MOTION Delay in surrender as to Jose Michel (1). ENDORSEMENT: Date for surrender adjourned to 2:00 P.M. on 9/10/15. SO ORDERED. (Signed by Judge John G. Koeltl on 7/2/2015) (ft) (Entered: 07/02/2015)
2016-08-19 38 0 LETTER MOTION addressed to Judge John G. Koeltl from Peter E. Brill dated August 19, 2016 re: Request for Return of Passport . Document filed by Jose Michel. (Brill, Peter) (Entered: 08/19/2016)
2016-08-22 39 0 MEMO ENDORSEMENT granting 38 LETTER MOTION The Court seeking an Order directing pretrial services to return Mr. Michel's passport as to Jose Michel....ENDORSEMENT...The application is granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/22/2016) (jw) (Entered: 08/23/2016) 2016-08-23 10:41:28 5476c84dfdb2a32ee3b11f3e819256d0c780f8a8