Friday, May 31, 2024

Devon Archer Won Resentencing for Counsel Error Now Gets Delay For New PSR Report


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, May 24 – The case involving Devon Archer, Inner City Press has been covering for years.

Then it was in the news, with Archer testifying to Congress and speaking afterward. Inner City Press continues to follow the US v. Galanis et al case in SDNY, and late on August 2, 2023 this was filed, now on Patreon here:

Dear Judge Abrams: We represent Devon Archer and write in opposition to the Government’s request to set a surrender date while Mr. Archer continues his appeal to the United States Supreme Court..."

 On August 7, Judge Abrams ruled: "ORDER as to Devon Archer: No later than August 11, 2023, the Government shall file a response to Defendant Archer's letter filed August 2, 2023. The Government's response should address: (1) why Mr. Archer should not remain on bail pending the Supreme Court's decision on his anticipated petition for certiorari pursuant to 18 U.S.C. § 3143(b)." Order on Patreon here

Cert was denied, but on May 15, 2024, Judge Abrams vacated his sentence, concluding " no later than May 22, 2024, the parties shall submit a joint letter to the Court proposing dates for Archer’s resentencing." Order on Patreon here

On May 22, Archer asked for indefinitely delay, arguing that "In addition to the need for a revised PSR to be prepared, Mr. Archer continues to cooperate with Congressional and other ongoing investigations. For example, last month, the House Oversight and Accountability Committee, as well as the House Judiciary Committee, issued subpoenas to Mr. Archer to produce documents in connection with their legislative responsibilities.  Mr. Archer was never served with those subpoenas, but he did subsequently produce documents voluntarily to the Committees, and continues to do so." Full letter on Patreon here.

On May 24, Archer got delay - on the grounds of a new Pre-Sentencing Report: "ENDORSEMENT...The Court will request that the Probation Department revise the original Presentence Investigation Report. The parties shall submit a letter upon receipt of the revised report, proposing a schedule for supplemental sentence submissions and their availability for sentencing (Signed by Judge Ronnie Abrams on 5/24/24)."

The overall case is US v. Galanis, et al., 16-cr-37 (Abrams)


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