SDNY COURTHOUSE, August 16 – A case about roosters, in which the US has sought thecivil forfeiture of birds, is flying around in theU.S. District Court for the Southern District of New York. SDNY Judge Sidney Stein in sentencing Thomas Carrano on December 13, 2019 said "Mr. Carrano may not possess, acquire, buy or sell or own any live roosters, chickens, hens, or any form of game fowl during his three years of supervised release."
But since then the government has release fowl they seized - and their progeny - to Gina Carrano. Now in an August 15 letter to Judge Oetken, the government asks for yet more time: "August 15, 2019 BY ECF The Honorable J. Paul Oetken United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: United States v. Any and All Roosters, 17 Civ. 5718 (JPO) Dear Judge Oetken: The Government respectfully submits this status letter in response to the Court’s July 3, 2019 Order (ECF No. 48). As the Court is aware, the parties have engaged in extensive settlement discussions and have appeared before the Honorable Gabriel W. Gorenstein for a settlement conference earlier in 2019. The parties were scheduled to appear for a further settlement conference on July 25, 2019. Prior to that conference, however, the Government learned that claimants could not finalize any settlement prior to claimant Thomas Carrano’s completion of his federal criminal sentence. Counsel for the claimant informs the Government that Carrano is expected to be released in November 2019. Accordingly, the Government respectfully requests that the Court permit the parties to submit a further status report on or before November 22, 2019 on the status of the case. Respectfully submitted, GEOFFREY S. BERMAN United States Attorney." And in a July 19 letter to SDNY Magistrate Judge Gabriel W. Gorenstein, Thomas Carrano's lawyer Steven L. Kessley said that "at least 28 of the Carranos' birds - more than a quarter - have died while in the custody of the government's agents." Thomas Carrono is imprisoned upstate, but his lawyer says he "will be transferred to a halfway house in the Rochester area in October." So he seeks transfer of the case from the SDNY - where a Hector Crux mailed him birds from The Bronx - to the Western District.
After being arrested and taken off a Qatar Airways flight at JFK airport, Delowar Mohammed Hossain was presented on July 26 before U.S. District Court for the Southern District of New York Magistrate Stewart Aaron, charged with one count of attempted provision of material support for terrorism. He was adjudged eligible for free counsel as was assigned experienced Federal Defender Amy Gallicchio.
The US government sought, and got, detention, without prejudice to a later application for release on bond. The preliminary hearing was set 30 days out, for August 26. When someone asked about plea bargaining the answer was, It's a bit earlier for that, isn't it? Inner City Press will have more on this case, which has been assigned the number 19-mj-6978 (although that, even after the presentment, came up in PACER as "case not found").
While many even most cases in the Magistrates Court of the U.S.are sealed or have no case number given, on July 17 before Magistrate Judge Kevin N. Fox, things got more dramatic. In a case that, hours after the defendants were ordered released on bail remained listed as "sealed," Munif Ahmed stands accused of conspiracy to distribute large quantities ofdrugs from China and with telling the now cooperating witness, "Don't f*ck with me."
The government argued that Ahmed is a risk to flee to Yemen; his Criminal Justice Act lawyer said no, blood clots in his legs prevent him from flying. Then there was the matter of where Mr. Ahmed lives - on Anderson Avenue in the Bronx with his uncle or in the store on West 168th Street which he lists on his ID. This was ascribed to not having an interpreter during the interview with pre trial services.
Ahmed was ordered released on a $250,000 bond with $30,000 in cash or property. His co-defendant who called "Mr Lazzaro" before turning himself in must put up $40,000 cash. He drive Uber; Inner City Press predicts he or Mr. Lazzaro or his associate will move to relax the conditions of release to extend beyond the Southern and Eastern Districts of New York. Watch this site.
