Fetty Wap Case

Download as pdf or txt
Download as pdf or txt
You are on page 1of 5

Case 2:21-cr-00452-JS-SIL Document 185 Filed 05/24/23 Page 1 of 5 PageID #: 841

Criminal Proceeding Minute Entry (rev. 1/23 (elr)) Page 1 of 5

UNITED STATES DISTRICT COURT


Eastern District of New York
UNITED STATES OF AMERICA Presiding Judge: ____________________________________
Joanna Seybert, Senior U.S.D.J.
-v- Case No(s).: ____________________________________
21-cr-0452-JS-SIL
____________________________
Willie Junior Maxwell, II Date: ____________
5/24/2023
Start Time: ____________
11:07 AM Total Time: _____________
1 hr.

MINUTE ENTRY FOR A CRIMINAL PROCEEDING

SEALED PROCEEDING: ☐ Yes ☐ ✔ No


I. APPEARANCES:
Defendant (# ____
3 ): ____________________________________________
Willie Junior Maxwell, II Counsel: ________________________________________________
Elizabeth Macedonio

✔Present ☐ Not Present ☐ ✔In Custody ☐ On Bond ☐ Surrendered ☐
✔Retained ☐ Federal Defender ☐ CJA ☐ _________________

Defendant (# ____ ): ____________________________________________ Counsel: ________________________________________________


☐ Present ☐ Not Present ☐ In Custody ☐ On Bond ☐ Surrendered ☐ Retained ☐ Federal Defender ☐ CJA ☐ _________________

Defendant (# ____ ): ____________________________________________ Counsel: ________________________________________________


☐ Present ☐ Not Present ☐ In Custody ☐ On Bond ☐ Surrendered ☐ Retained ☐ Federal Defender ☐ CJA ☐ _________________

Defendant (# ____ ): ____________________________________________ Counsel: ________________________________________________


☐ Present ☐ Not Present ☐ In Custody ☐ On Bond ☐ Surrendered ☐ Retained ☐ Federal Defender ☐ CJA ☐ _________________

Government: __________________________________________________
Christopher Caffarone and Andrew Wenzel Court Reporter: __________________________________________
Paul Lombardi

Pretrial/Probation: ______________________________________________
Gregory Giblin FTR Time: ______________________________________________

Interpreter: ____________________________ Language: ______________ Courtroom Deputy: _______________________________________


Eric L. Russo

☐ See Additional Appearances page.

II. PROCEEDINGS HELD:


☐✔ In-Person ☐ Arraignment ☐ Evidentiary Hearing ☐ Plea Hearing
☐ By Telephone ☐ Bond Hearing ☐ Fatico Hearing ☐
✔ Sentencing/Re-Sentencing
☐ Curcio Hearing ☐ Initial Appearance ☐ Status/Pre-Trial Conference
☐ Detention Hearing ☐ Motion Hearing

☐ Other Proceeding: _____________________________________________________________________________________________________

III. PROCEEDINGS SUMMARY:


☐ Arraignment held regarding _____________________________________________________________________________________________.
☐ Defendant __________ initial appearance before this Court.
☐ Defendant __________ waived Indictment. Waiver(s) executed.
☐ Defendant __________ waived the public reading of the charging instrument.
☐ The Court read the charges outlined in the charging instrument and the defendant(s) acknowledged the charges.
☐ Defendant __________ entered a plea of NOT GUILTY as to all counts of the charging instrument.
☐ The Government was advised and acknowledged its obligation under Rule 5(f) of the F.R.Cr.P. and the Due Process Protections Act.
The Court will issue a written order with further details.
☐ Defendant __________ waived Speedy Trial from ____________________. (Excludable Code: ____ )
☐ Defendant __________ did not waive Speedy Trial.
☐ Speedy Trial for Defendant __________ waived from ____________________ by order of the Court. (Excludable Code: ____ )
☐ The Court deems (or previously deemed) this case complex.
☐ Speedy Trial for Defendant __________ is waived pursuant to 18 U.S.C. § 3161(h)(7)(B)(ii). (Excludable Code: XT)
☐ See Section V of this minute entry (page 5) for additional details and/or rulings.
Case 2:21-cr-00452-JS-SIL Document 185 Filed 05/24/23 Page 2 of 5 PageID #: 842
Criminal Proceeding Minute Entry (rev. 1/23 (elr)) Page 2 of 5

☐ Curcio Hearing held.


☐ The parties presented their oral arguments to the Court.
☐ The defendant was informed of the potential dangers arising from any conflicts of interest with current defense counsel.
☐ The defendant acknowledged and waived any potential conflicts of interest and wishes to proceed with current defense counsel.
☐ The defendant wishes to relieve current defense counsel and:
☐ retain new counsel.
☐ Defendant must retain new counsel by __________; or within __________________ of this hearing.
☐ have new counsel appointed by the Court.
☐ The defendant completed and filed a CJA 23 Financial Affidavit for the Court’s review.
☐ The Court’s decision ☐ was entered on the record; ☐ will be entered under a separate order; ☐ was reserved.
☐ See Section V of this minute entry (page 5) for additional details and/or rulings.

☐ Status/Pre-Trial Conference held regarding _________________________________________________________________________________.


☐ This was an initial appearance before this Court by Defendant __________.
☐ The parties advised the Court of the status of the case.
☐ Defendant __________ waived Speedy Trial from ____________________. (Excludable Code: ____ )
☐ Defendant __________ did not waive Speedy Trial.
☐ Speedy Trial for Defendant __________ waived from ____________________ by order of the Court. (Excludable Code: ____ )
☐ The Court deems (or previously deemed) this case complex.
☐ Speedy Trial for Defendant __________ is waived pursuant to 18 U.S.C. § 3161(h)(7)(B)(ii). (Excludable Code: XT )
☐ The following briefing schedule was set:
☐ ________________________________________________ due by: __________.
☐ ________________________________________________ due by: __________.
☐ ________________________________________________ due by: __________.
☐ ________________________________________________ due by: __________.
☐ The parties were directed to file a proposed briefing schedule for this Court’s approval on or before __________.
☐ The Court deems (or previously deemed) this case trial ready.
☐ The Court set the following pre-trial submission schedule:
☐ All 3500 material and 404(b) evidence shall be turned over by: __________.
☐ Motions in Limine shall be filed by: __________.
☐ Oppositions to Motions in Limine due by: __________.
☐ Replies to Motions in Limine due by: __________.
☐ Proposed Voir Dire questions and case summary due by: __________.
☐ Proposed exhibits and witness list due by: __________.
☐ Requests to Charge and proposed Verdict Sheets: __________.
☐ The Court will enter a separate order outlining the pre-trial submission schedule.
☐ The parties are to ensure courtesy copies of their submissions (outlined above) are promptly provided to Chambers.
(Note: Attaching the documents to an e-mail does not satisfy this directive.)
☐ See Section V of this minute entry (page 5) for additional details and/or rulings.

☐ Evidentiary/Motion Hearing held regarding ________________________________________________________________________________.


☐ The parties presented their oral arguments to the Court.
☐ Witness(es) were called ☐ for the Government; ☐ for the defendant(s).
☐ Exhibits were entered into evidence.
☐ The Court made the following ruling(s): ☐ Motion granted; ☐ Motion denied; ☐ Motion granted, in part, and denied, in part.

☐ The Court’s decision ☐ was entered on the record; ☐ will be entered under a separate order; ☐ was reserved.
☐ See Section V of this minute entry (page 5) for additional details and/or rulings.
Case 2:21-cr-00452-JS-SIL Document 185 Filed 05/24/23 Page 3 of 5 PageID #: 843
Criminal Proceeding Minute Entry (rev. 1/23 (elr)) Page 3 of 5

☐ Plea Hearing held as to count(s) __________________________________________________________________________________________.


☐ The defendant was informed of the constitutional rights being waived and any potential consequences of pleading guilty.
☐ The defendant withdrew previously entered not guilty plea and entered a plea of GUILTY to the above referenced count(s).
☐ Court found that the there is a factual basis for the plea and accepted the defendant’s plea of guilty.
☐ An Order of Forfeiture was executed.
☐ The Conviction Notification Form was executed and sent to the U.S. Probation Department.
☐ The parties waived the preparation of the Presentence Investigation Report.
☐ See Section V of this minute entry (page 5) for additional details and/or rulings.

☐ Fatico Hearing held.


☐ The parties presented their oral arguments to the Court.
☐ Witness(es) were called ☐ for the Government; ☐ for the defendant(s).
☐ Exhibits were entered into evidence.
☐ The Court’s decision ☐ was entered on the record; ☐ will be entered under a separate order; ☐ was reserved.
☐ See Section V of this minute entry (page 5) for additional details and/or rulings.


✔ Sentencing/Re-Sentencing held as to count(s) _______________________________________________________________________________.
one (1) of the two-count Superseding Indictment (S-1) filed 9/29/2021

✔ The parties advised the Court that there are no objections to the Presentence Investigation Report.
☐ The parties outlined their objections to the Presentence Investigation Report on the record.

✔ The Court adopted the Presentence Investigation Report without change.
☐ The Court outlined changes to the Presentence Investigation Report on the record.

✔ Statements were heard from ☐ ✔ defense counsel; ☐ ✔ the defendant; ☐ ✔ the Government; ☐ the victim(s); ☐ others.
☐ The defendant was sentenced to IMPRISONMENT for a total term of _____________________________________________.
✔ seventy-two (72) months
☐✔ Upon release, the defendant shall be on SUPERVISED RELEASE for a total term of ________________.
five (5) years
☐✔ The defendant shall comply with the standard conditions of supervision (to be outlined in the judgment).
☐✔ The defendant shall comply with the special conditions of supervision ordered by the Court (to be outlined in the judgment).
☐ The Court did not impose a term of Supervised Release.
☐ The defendant was sentenced to PROBATION for a total term of ________________.
☐ The defendant shall comply with the standard conditions of supervision (to be outlined in the judgment).
☐ The defendant shall comply with the special conditions of supervision ordered by the Court (to be outlined in the judgment).

✔ The defendant must pay the following criminal monetary penalties:
☐ RESTITUTION in the amount of $ ______________.
☐ An Order of Restitution was executed.
☐ A FINE in the amount of $ ______________.
☐✔ A SPECIAL ASSESSMENT fine in the amount of $ ______________.
100.00
☐ An AVAA ASSESSMENT fine in the amount of $ ______________.
☐ A JVTA ASSESSMENT fine in the amount of $ ______________.
☐ The interest requirement on any of the criminal monetary penalties:
☐ was ordered on the amounts of more than $2,500.00.
☐ was modified, as stated on the record.
☐ was waived/not ordered/not applicable.
☐ Restitution ☐
✔ ✔was not ordered or not applicable; ☐ was paid in full prior to sentencing.

✔ A fine and/or other assessment ☐ ✔was not ordered or not applicable; ☐ was paid in full prior to sentencing.
☐ The determination of Restitution and/or a fine was deferred pending further proceedings or by motion to the Court.
☐ All other conditions shall remain in effect as previously ordered and outlined in the judgment(s) dated __________.
☐ The Order of Forfeiture dated __________ was adopted as the Final Order of Forfeiture.
☐ A Final Order of Forfeiture was executed.

✔ The defendant’s right to appeal the Court’s sentence
☐✔ was waived pursuant to the Plea Agreement.
☐ was not waived and the defendant can file an appeal within fourteen (14) days of the date the judgment is entered.
☐ All open counts in the charging instrument(s) were dismissed on the motion of the United States.

✔ See Section V of this minute entry (page 5) for additional details and/or rulings.
Case 2:21-cr-00452-JS-SIL Document 185 Filed 05/24/23 Page 4 of 5 PageID #: 844
Criminal Proceeding Minute Entry (rev. 1/23 (elr)) Page 4 of 5

IV. RULINGS MADE REGARDING DEFENDANT RELEASE STATUS:


☐ Bond Hearing/Detention Hearing held.
☐ Defendant __________ did not present a bond application to the Court.
☐ An Order of Detention was executed as to Defendant __________.
☐ An Order Scheduling a Detention Hearing was executed as to Defendant __________.
☐ The bond application/modification was granted as to Defendant __________.
☐ An Order Setting Conditions of Release and Bond was executed as to Defendant __________.
☐ The conditions of release were modified as stated on the record as to Defendant __________.
☐ An amended Order Setting Conditions of Release and Bond was executed as to Defendant __________.
☐ The bond application/modification was denied as to Defendant __________.
☐ An Order of Detention was executed as to Defendant __________.
☐ The Government moved for immediate detention of Defendant __________.
☐ The motion was ☐ granted; ☐ denied; ☐ granted, in part, and denied, in part.
☐ An Arrest Warrant was executed as to Defendant __________.
☐ An Order of Detention was executed as to Defendant __________.
☐ An amended Order Setting Conditions of Release and Bond was executed as to Defendant __________.
☐ The decision regarding the bond or detention application was reserved.
☐ An Order Scheduling a Detention Hearing was executed as to Defendant __________.
☐ A temporary Order Setting Conditions of Release and Bond was executed as to Defendant __________.
☐ See Section V of this minute entry (page 5) for additional details and/or rulings.

For a defendant currently IN-CUSTODY:



✔ Defendant __________
3 remain(s) in custody.

☐ The following order(s) was/were executed and shall be forwarded to the U.S. Marshals Service and/or the Federal Bureau of Prisons:
☐ A Medical Evaluation Order as to Defendant __________.
☐ A Competency Order as to Defendant __________.
☐ A Force Order as to Defendant __________.

☐ The defendant, being sentenced to time served (time in-custody prior to sentencing/re-sentencing), shall be released, forthwith.
☐ A Time Served Order was executed and submitted to the U.S. Marshals Service.
☐ Upon release, the defendant will be under supervision of the U.S. Probation Department until the completion of the ordered term of Supervised
Release.
☐ Upon release, the defendant will not serve a term of Supervised Release.

For a defendant currently AT LIBERTY:


☐ Defendant __________ remain(s) on bond.

☐ The defendant, being sentenced to a term of imprisonment, shall be immediately remanded to the custody of the U.S. Marshals Service and/or the
Federal Bureau of Prisons.

☐ The defendant, being sentenced to a term of imprisonment, shall surrender for the service of the sentence before 2:00 PM on __________ at the
institution designated by the Federal Bureau of Prisons. The defendant will remain at liberty and under supervision of the Pretrial Services
Department until the surrender date.
☐ The U.S. Marshals Voluntary Surrender form was executed.
☐ Motions to extend the surrender date must be made at least a thirty (30) days prior to the surrender date.
☐ The defendant was advised that there will be no extensions of the surrender date.

☐ The defendant, being sentenced to a term of Probation, will remain at liberty and under supervision of the U.S. Probation Department until the
completion of the ordered term of Probation.

☐ The defendant, being sentenced to time served (time in-custody prior to being released), shall remain at liberty and under supervision of the U.S.
Probation Department until the completion of the ordered term of Supervised Release.

☐ The defendant, being sentenced to time served (time in-custody prior to being released as well as time under supervision), shall be released from
all conditions of supervision, forthwith.
Case 2:21-cr-00452-JS-SIL Document 185 Filed 05/24/23 Page 5 of 5 PageID #: 845
Criminal Proceeding Minute Entry (rev. 1/23 (elr)) Page 5 of 5

V. OTHER RULINGS MADE DURING THE PROCEEDINGS:


☐ The record of this proceeding was deemed sealed. Transcripts of this proceeding can be made available to the Court, the defendant(s), defense
counsel, and the Government ONLY. Any other non-party who wishes to get a copy of the transcripts must file a written request to the Court for
consideration.


✔ - The Court recommends to the Bureau of Prisons that [1] the defendant be housed in a facility within the tri-state area for the service of his
sentence and [2] that the defendant participate in the RDAP program, if deemed eligible.

VI. FURTHER PROCEEDINGS SET:


☐ Bond Hearing: __________ at _________ before Judge ________________(____________________), as to Defendant _________.
☐ Detention Hearing: __________ at _________ before Judge ________________(____________________), as to Defendant _________.
☐ Curcio Hearing: __________ at _________ before Judge ________________(____________________), as to Defendant _________.
☐ Status/Pre-Trial Conf.: __________ at _________ before Judge ________________(____________________), as to Defendant _________.
☐ Evidentiary Hearing: __________ at _________ before Judge ________________(____________________), as to Defendant _________.
☐ Motion Hearing: __________ at _________ before Judge ________________(____________________), as to Defendant _________.
☐ Jury Selection: __________ at _________ before Judge ________________(____________________), as to Defendant _________.
☐ Jury Trial: __________ at _________ before Judge ________________(____________________), as to Defendant _________.
☐ Plea Hearing: __________ at _________ before Judge ________________(____________________), as to Defendant _________.
☐ Fatico Hearing: __________ at _________ before Judge ________________(____________________), as to Defendant _________.
☐ Sentencing/Re-Sentencing: __________ at _________ before Judge ________________(____________________), as to Defendant _________.
☐ Parties are directed to file their sentencing memorandums by __________. Once the memorandums are filed, the parties are to ensure courtesy
copies of their submissions are promptly provided to Chambers. (Note: Attaching the documents to an e-mail does not satisfy this directive.)
If a party chooses to proceed without filing a sentencing memorandum, a letter to the Court advising as such must be filed on said due date, in
lieu of the memorandum.
☐ Further instructions regarding the proceeding(s) set:
☐ The Court ordered the proceeding(s) to be held via the Court’s teleconferencing system. Parties are directed to dial the following telephone
number at the designated time: 877-336-1839, access code 7231185.


✔ No further proceedings have been set at this time. (Note: Further proceedings may have been set previously. Refer to the docket sheet.)

You might also like