Ledwin Castro - Docket, Superceding Indictment, Sentencing Memorandum

Document Sample
Ledwin Castro - Docket, Superceding Indictment, Sentencing Memorandum Powered By Docstoc
					Case: 2:03-cr-00851-ADS -ETB

As of: 12/14/2009 07:00 PM EST

1 of 22
APPEAL, MAG

U.S. District Court 2009-12-14 Eastern District of New York (Central Islip) CRIMINAL DOCKET FOR CASE #: 2:03−cr−00851−ADS −ETB−10
Case title: USA v. Magana Date Filed: 07/24/2003

Movant Nassau County Police Department Assigned to: Senior Judge Arthur D. Spatt Referred to: Magistrate Judge E. Thomas Boyle Defendant (10) Ledwin Castro also known as Hueso represented by Peter J. Tomao Law Office of Peter J. Tomao 226 Seventh Street Suite 302 Garden City, NY 11530 (516) 877−7021 Fax: 516−877−7021 Email: ptomao@tomaolaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Terrence P. Buckley Terrence P. Buckley, Esq. One Suffolk Square, Suite 520 Islandia, NY 11749 (631) 234−5311 Fax: (631) 234−1045 Email: terrencepbuckley@aol.com LEAD ATTORNEY Designation: CJA Appointment Marion A. Seltzer Marion Seltzer, Esq. 1725 York Avenue Suite 16B New York, NY 10128 (212) 289−8798 Fax: 212−410−9443 Email: sammyjacob@aol.com Designation: CJA Appointment Michael J Annibale Michael J. Annibale, Esq. 226 Seventh Street Suite 302 Garden City, NY 11530 516−739−5600 Fax: 516−739−5606 Email: mja@nyscrimlaw.com ATTORNEY TO BE NOTICED

SOURCED: WWW.BACKGROUNDNOW.COM Page 1 of 44 www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; Pending Counts Disposition and distr butes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters and interested readers. Always keep in mind that indictments, complaints or informations are not evidence of guilt. These are descriptions of accusations made against defendants. Those accused are presumed innocent until guilt beyond a reasonable doubt is proven or until guilt is admitted or plead.

Case: 2:03-cr-00851-ADS -ETB

As of: 12/14/2009 07:00 PM EST

2 of 22

AGGRAVATED OR FELONIOUS ASSAULT:18:1959(a)(6) (1s)

Imprisonment: Count 1,,7 and 8−one day to run concurrently. Count 12−10 years. Count 13−25 years and Count 14−25 years. Counts 12,13,and 2009-12-14 14 to run consecutively for a total of 60 years and to run consecutively with Counts 1,5,7, and 8 for a total of Imprisonment: Count 1,,7 and 8−one day to run concurrently. Count 12−10 years. Count 13−25 years and Count 14−25 years. Counts 12,13,and 14 to run consecutively for a total of 60 years and to run consecutively with Counts 1,5,7, and 8 for a total of 60 years and 1 day. Special Assessment: $700.0060 years and 1 day. Special Assessment: $700.00 Imprisonment: Count 1,,7 and 8−one day to run concurrently. Count 12−10 years. Count 13−25 years and Count 14−25 years. Counts 12,13,and 14 to run consecutively for a total of 60 years and to run consecutively with Counts 1,5,7, and 8 for a total of Imprisonment: Count 1,,7 and 8−one day to run concurrently. Count 12−10 years. Count 13−25 years and Count 14−25 years. Counts 12,13,and 14 to run consecutively for a total of 60 years and to run consecutively with Counts 1,5,7, and 8 for a total of 60 years and 1 day. Special Assessment: $700.0060 years and 1 day. Special Assessment: $700.00

ASSAULT, OTHER (Assault with a Dangerous Weapon) 18:1959(a)(3), 2 and 3551 et seq. (6s−8s)

VIOLENT CRIME/DRUGS/MACHINE GUN (Discharge of firearms during crimes of violence) 18:924(c)(1)(A)(iii), 2 and 3551 et seq. (10s−11s) VIOLENT CRIME/DRUGS/MACHINE GUN (Discharge of firearms during crimes of violence) 18:924(c)(1)(A)(iii), 2 and 3551 et seq. (12s−14s) EXPLOSIVES USED IN COMMISSION OF FELONY−18:844(h)(1), 2 and 3551 et seq. (15s−16s) EXPLOSIVES USED IN COMMISSION OF FELONY−18:844(h)(1), 2 and 3551 et seq. (17s−19s) Highest Offense Level (Opening) Felony Terminated Counts ATTEMPT/CONSPIRE TO MAIM/ASSAULT− 18:1959 (a) (6) and 3551 et seq. SOURCED: WWW.BACKGROUNDNOW.COM (1)

Dismissed on the Govt's motion.

Imprisonment: Count 1,,7 and 8−one day to run concurrently. Count 12−10 years. Count 13−25 years and Count 14−25 years. Counts 12,13,and 14 to run consecutively for a total of 60 years and to run consecutively with Counts 1,5,7, and 8 for a total of 60 years and 1 day. Special Assessment: $700.00

Dismissed on the Govt's motion.

Dismissed by the Court.

Disposition Dismissed on the Govt's motion.

Page 2 of 44 www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; Dismissed to the Govt's motion and distr butes case complaints, indictments, plea agreements and other court documentson analysts, bloggers, journalists, reporters and interested readers. Always keep in mind that indictments, complaints or informations are not evidence of guilt. These are descriptions of accusations made against defendants. Those accused are presumed innocent until guilt beyond a reasonable doubt is proven or until guilt is admitted or plead.

Case: 2:03-cr-00851-ADS -ETB
ASSAULT, OTHER− 18:1959 (a) (3), 2 and 3551 et seq (14−16) EXPLOSIVES USED IN COMMISSION OF FELONY− 18:844 (H)(1), 2 3551 Et seq. (31−40) Highest Offense Level (Terminated) Felony Complaints None

As of: 12/14/2009 07:00 PM EST

3 of 22

2009-12-14

Dismissed on the Govt's motion.

Disposition

Plaintiff USA represented by John Joseph Durham United States Attorneys Office Long Island Courthouse 610 Federal Plaza Central Islip, NY 11722 631−715−7851 Fax: 631−715−7922 Email: john.durham2@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard P. Donoghue United States Attorney's Office 610 Federal Plaza Central Islip, NY 11722 631−715−7874 Fax: 631−715−7922 Email: richard.donoghue@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard P. Donoghue United States Attorneys Office Criminal Division One Pierrepont Plaza Brooklyn, NY 11201 (718) 254−6431 LEAD ATTORNEY Wayne L. Baker United States Attorneys Office Eastern District of New York 610 Federal Plaza Central Islip, NY 11722 631−715−7851 Fax: 516−715−7922 TERMINATED: 12/31/2007 Date Filed 12/14/2009 # Docket Text

600 NOTICE OF APPEAL by Ledwin Castro (Tomao, Peter) (Entered: 12/14/2009)

12/10/2009 595 SENTENCING MEMORANDUM by USA as to Ledwin Castro (Durham,44 SOURCED: WWW.BACKGROUNDNOW.COM Page 3 of John) (Entered: 12/10/2009) www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; and distr butes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters and interested readers. Always keep in mind that indictments, complaints or informations are not evidence of guilt. These are descriptions of accusations made against defendants. Those accused are presumed innocent until guilt beyond a reasonable doubt is proven or until guilt is admitted or plead.

Case: 2:03-cr-00851-ADS -ETB
12/09/2009 11/19/2009

As of: 12/14/2009 07:00 PM EST

4 of 22

594 SENTENCING MEMORANDUM by Ledwin Castro (Attachments: # 1 Exhibit A) (Tomao, Peter) (Entered: 12/09/2009) 588 MINUTE ENTRY for proceedings held before Senior Judge Arthur D. Spatt: Motion Hearing as to LEDWIN CASTRO held on 11/19/2009 561 MOTION Judgment of Acquittal. Defendant present with CJA counsel Peter J. Tomao. A.U.S.A.: Richard P. Donoghue/John J. Durham. Court Reporter: Perry Auerbach. Deputy Clerk: Mary Ellen Schaffner. Case called. Defendant's motion for Judgment of Acquittal is denied. Defendant's motion for a New Trial is denied. (Coleman, Laurie) (Entered: 11/23/2009) 587 MEMORANDUM OF DECISION AND ORDER − Fore the foregoing reasons, Castro's 561 motions under Rule 29 and 33 are DENIED. So Ordered. Signed by Senior Judge Arthur D. Spatt on 11/19/2009. (Coleman, Laurie) (Entered: 11/19/2009) JURY VERDICT as to LEDWIN CASTRO (10). See Court Exhibit #7 annexed to the #586 Minute Entry, dated 10/14/09. (Coleman, Laurie) (Entered: 11/19/2009) 580 REPLY TO RESPONSE to Motion re 561 MOTION for Acquittal Judgment of Acquittal on All Counts to Government's opposition (Tomao, Peter) (Entered: 11/09/2009) 581 ORDER as to LEDWIN CASTRO Re: 578 Letter requesting additional time to from 11/4/09 to 11/9/09 to file the Defendant's reply to the government's opposition to his post trial motions. Request granted. Signed Senior Judge Arthur D. Spatt on 11/4/2009. (Coleman, Laurie) (Entered: 11/10/2009) 578 Letter requesting additional time to file the Defendant's reply to the government's opposition to his post trial motions as to Ledwin Castro (Tomao, Peter) (Entered: 11/03/2009) 575 CJA 24 as to Ledwin Castro: Authorization to Pay Dominick Tursi Voucher # 091028000005. Ordered by Senior Judge Arthur D. Spatt on 10/16/2009. (Rios, Laura) (Entered: 11/03/2009) 570 RESPONSE in Opposition re 561 MOTION for Acquittal Judgment of Acquittal on All Counts (Durham, John) (Entered: 10/30/2009) 568 CJA 20 as to Ledwin Castro: Authorization to Pay Peter Tomao. Voucher # 091023000049. Ordered by Senior Judge Arthur D. Spatt on 10/22/2009. (Rios, Laura) (Entered: 10/30/2009) 561 MOTION for Acquittal Judgment of Acquittal on All Counts by Ledwin Castro. (Tomao, Peter) (Entered: 10/23/2009) 565 CJA 20 as to LEDWIN CASTRO: Appointment of Peter J. Tomao for Ledwin Castro. Authorization to Pay Peter J. Tomao. Amount: $29,616.44. Signed by Senior Judge Arthur D. Spatt on 10/22/2009. (Coleman, Laurie) (Entered: 10/28/2009) 559 CJA 24 as to Ledwin Castro: Authorization to Pay Mary Ann Steiger Voucher # 091015000002. Ordered by Senior Judge Arthur D. Spatt on 10/2/2009. (Rios, Laura) (Entered: 10/20/2009)
2009-12-14

11/19/2009

11/14/2009 11/09/2009

11/04/2009

11/03/2009

11/03/2009

10/30/2009 10/30/2009

10/23/2009 10/22/2009

10/20/2009

586 MINUTE ENTRY for proceedings held before Senior Judge Arthur D. Spatt: JURY TRIAL held on 10/14/09 as to LEDWIN CASTRO. Defendant present with CJA counsel Peter J. Tomao, Michael J. Annibale. A.U.S.A.: Richard P. Donoghue, John J. Durham. Deputy Clerk: Mary Ellen Schaffner. Case called. Defendant 10 appears with counsel. Other: Jurors continue th
				
DOCUMENT INFO
Shared By:
Stats:
views:628
posted:12/15/2009
language:English
pages:44
Description: Ledwin Castro, La Mara Salvatrucha or MS-13 Members DOCKET AND SUPERSEDING INDICTMENT (S-3) as to Jesus A. Magana (1) count(s) 1sss, 4sss, 5sss, 10sss-14sss, 15sss-19sss, Edgar Marquez-Larios (2) count(s) 1ss, 9ss, Juan Reyes (7) count(s) 1s, 2s, 3s, Ledwin Castro (10) count(s) 1s, 6s-8s, 10s-14s, 15s-19s, David Vasquez (12) count(s) 1s, 6s-8s, 10s-14s, 15s-19s, Nieves Omar Argueta (15) count(s) 1, 6-8, 10-14,15-19. (Montero, Edher) (Entered: 06/27/2005) SENTENCING MEMORANDUM by Ledwin Castro (Attachments: # 1 Exhibit A) (Tomao, Peter) (Entered: 12/09/2009) SENTENCING MEMORANDUM by USA as to Ledwin Castro (Durham, John) (Entered: 12/10/2009)
BUY THIS DOCUMENT NOW PRICE: $40 100% MONEY BACK GUARANTEED
PARTNER BackgroundNow.com Staff
Founded by Lee Hill and launched August 1st, 2003, BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; and distributes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters and interested readers.