Saturday, December 16, 2023

In Washington Heights Drug Case Postponement of Sentencing A Tale of 2 Letters, Year & a Day


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 13 – Tomas Deleon came to the US from the Dominican Republic in 1983 and ran a food truck in Upper Manhattan called Frituras Deleon.

It was popular but eventually he had to shut it when he could not obtain the required seal from the City.

   In April 2022 a childhood friend from Santo Domingo he called Primo asked him to find someone to help sell drugs and he said yes. He reached out - to a confidential source.

 He got arrested, now with the prosecutors asking for 57 to 71 months. He on the other hand is asking for a non-incarceratory sentence.

 It was set to be decided on August 23 at 3 pm before U.S. District Court for the Southern District of New York Judge J. Paul Oetken.

   Inner City Press went. At 3:15 pm, there ensued a "robing room" discussion with counsel, Mr. Deleon and the interpreter. Then it was announced that the sentencing would be postponed due to procedural issues.

On December 6 the US Attorney's Office wrote in and said that Tomas Deleon's daughter, Yaniris DeLeon, had put in her own letter in her sentencing in another criminal case  before SDNY Judge Paul G. Gardephe that might be inconsistent - or not: "The letter in this case paints a starkly different portrait of the defendant than was portrayed in Ms. DeLeon's case."

 Later Tomas Deleon's letter said more: "Ms. Deleon claimed that her father physically abused her and sexually abused her when she was seven years old until she was nine" (citing sealed PSR). Can one have it two ways?

On December 13, Judge Oetken sentenced Deleon to a year and a day (to allow for good time - so, ten months). Inner City Press was there, thread:

Judge: On the daughter's two stories, I cannot make a finding either way. I will disregard.

AUSA: He knew it was fentanyl and had a Colombian connection in his phone. We ask for 57 months.

Defense lawyer: As my client said at his Safety Valve proffer, he knew it was hard drugs but not fentanyl. Probation recommended 48 months. We want a non incarceratory sentence.

 Tomas de Leon: I am a hardworking person. I made a mistake, if you give me a chance I will keep right on working.

Judge: I gave your co defendant Mr Costas 84 months, he was 34. Probation just won't do. This was 2 kilos of fentanyl. I give you a year and a day

The defense requested Danbury or Fort Dix.

The case is US v. Deleon, 22-cr-280 (Oetken) 

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

sdny

Feedback: Editorial [at] innercitypress.com