By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, Nov 7 – Rakim Brown was detained awaiting trial on drug and gun charges. Then he pleaded guilty.
On February 8, 2021 U.S. District Court for the Southern District of New York Judge Sidney H. Stein held a proceeding about Brown's access to discovery. Inner City Press covered it.
On November 7, 2022 he was sentenced to 150 months imprisonment, with a facility as near as possible to Decatur, Georgia recommended. Inner City Press live tweeted, thread here:
OK- now at a sentencing for a 27 year old defendant / shooter with 28 grams of crack, who faces mandatory 10 years on top of 63 to 78 months for narcotics conspiracy. The latter, judge just said, will be varied down due to conditions in MDC jail.
Defense lawyer: He's had COVID three times while incarcerated in the MDC..
Judge: Is he vaccinated?
Defense lawyer: No. He doesn't trust the MDC. And he only has one kidney.
Assistant US Attorney: He perjured himself, sitting right next to you. He has no remorse for the shooting. He coordinated the beating and shooting of the girlfriend of the man he believed shot his brother.
Defense: We believe the officers perjured themselves.
Defendant: There are things I can't take back. I've thought about them in my cell. I was young and still trying to find my way. Judge: But you lied, just a few months ago. Defendant: The police turned everything around. Judge: I was here. But you lied.
Defendant: I have a 4 year old son. I've barely seen him. Judge: Take a moment. Defendant: In jail, I've been learning about stocks. My brother's in a wheelchair. [He's here in the courtroom]
Defendant: In a better environment, I'll do the right thing. [He asks for prison near Decatur, GA] Judge: I sentence you to 10 years, plus 30 months on Count 1, so 150 months [minus 40 months already served. So, 9 years & 2 months more: 2032 or 2033.
Previously, this: "ORDER as to Rakim Brown: IT IS HEREBY ORDERED that the trial of this matter is scheduled for September 13, 2021."
But it was pushed back: the trial to March 7, 2022 and the suppression hearing was ongoing on February 22, 2022. Inner City Press was there.
The Assistant US Attorney asked Brown if as he said he had consulted an attorney about suing for a prior arrest. Yes was the answer, and then a series of objections. At the end Brown's lawyer said he hadn't eaten all day, but handing a Nutter Butter sandwich was not immediately possible. The Marshals indicated there was food downstairs.
On February 25, exhibits for the suppression hearing were agreed to, ranging from Photo of 183rd Street (Sammy's and Smoothie Shop) to "Crack Under Couch."
On March 3, this: "Defendant's attorney makes an application that her client wishes to withdraw his previously entered plea of not guilty and enter a plea of guilty to Counts One and Five in the (S4) Indictment. Defendant sworn, allocution begins. The defendant pleads GUILTY to Counts One and Five in the (S4) Indictment. The Court accepts the guilty plea. The sentencing is scheduled for June 6, 2022. Defendant remains in custody."
The sentencing did not take place then. Now, on July 1, a Fatico hearing has been ordered: "ORDER as to Rakim Brown: The Court is in receipt of the government's letter requesting a Fatica hearing [Doc. No. 206], IT IS HEREBY ORDERED that: 1. There will be a Fatico hearing on August 9, 2022, at 11:00 a.m.; 2. Defendant's sentencing submissions are due by September 9, 2022; 3. The government's submissions are due by September 16, 2022; and 4. The sentencing is adjourned to September 29, 2022, at 11 :00 a.m."
The Fatico hearing was in fact held on August 9, for hours. In the witness box, accompanied by Marshals, was Maurice Hartley, who has his own case (with numerous co-defendants) before Judge Engelmayer. Rakim Brown's lawyer asked him about a number of them by name and if he knew they had cooperation agreements.
The AUSA objected, and suggested that the transcript be sealed. But it was in open court. At the end, Judge Stein asked the AUSA why they'd spent all day on this. More extensive answers will be allowed in the pre-sentencing memos, with the sentencing seemingly delayed due to an unrelated white collar case in Camden NJ Federal Court.
Inner City Press will continue to report on this case.
It is US v. Brown, 19-cr-513 (Stein)
***
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.
Feedback: Editorial [at] innercitypress.com
