by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Aug 29 – The day before U.S. District Court for the Southern District of New York US Attorney Damian Williams leaves the office, DOJ announced that MAXIMILIANO DAVILA-PEREZ, a/k/a “Macho,” was extradited from Bolivia and arrived in the U.S. this morning to face federal charges for conspiring to import cocaine into the U.S. and conspiring to use and possess machineguns in connection with this cocaine importation conspiracy. DAVILA-PEREZ will make his initial appearance this afternoon before the Honorable Robyn F. Tarnofsky.
Inner City Press went, and as the only media in the SDNY Mag court, live tweeted. Thread:
Davila-Perez is brought out by US Marshals. He is wearing an Adidas track suit, at least the jacket. Puts on Spanish interpretation headphones.
Same prosecutors as on all the Honduras / JOH narco cases. 3 law enforcement officers here in the courtroom, presumably DEA.
All rise! Magistrate Judge Robyn F. Tarnofsky: Based on the statements in the [sealed] financial statement, I am appointing you a lawyer.... How di you plead? Not guilty.
Defense lawyer: We consent to detention without prejudice. Adjourned.
On December 18, he appeared (in Essex yellow) before District Judge Denise L. Cote, thread:
All rise! Judge: Trial is on October 14, 2025.
AUSA Robles: We have video and audio of meetings. Defense counsel: I have a trial starting Sept 23 before Judge Broderick
Judge: By February 28, write me if Mr. Davila-Perez will need a new lawyer for the October 14 trial. Defense: We need medicine for Mr. Davila's thrombosis of the leg.
Judge: Which leg? [Confers] Defense: Left. Judge: I will order it Adjourned
Docketed on May 8, 2025, co-defendant Cahuana Barrientos wrote in from prison in Florida seeking a reduction in sentence.
On May 22 in court, with Inner City Press present, "as to Jorge Roca-Suarez, Xavier Donaldson is relieved as counsel and Peter Skinner is appointed as CJA counsel for the defendant."
On May 23, Judge Cote docketed that co-defendant Serrate-Middagh will change his not guilty plea on May 29 at 3:30 pm.
He did: "Juan Carlos Serrate-Middagh withdraws his not guilty plea and pleads guilty as charged to Count 1 of the s17 indictment. The Court accepts the guilty plea. PSI Ordered. Sentence date set for August 29, 2025 at 11:00 AM. Defendant's sentencing submission shall be due August 15, 2025. Government's response due August 22, 2025. Detention continued."
On May 28 for co-defendant Davila-Perez, currently counsel having written in he can't do a mid October trial said he spoke with another CJA who can - then wrote in to clarify that that while the US Attorney's Office does not oppose a change, it is not not conferred about any particular replacement counsel. Good to avoid an appellate issue...
On August 1 his new CJA lawyer moved to dismiss including based on the statute of limitations, arguing that "the total delay from the date the indictment was first voted is four years. The delay from the time that the indictment was unsealed to seek Davila's extradition is two years and eight months."
On August 22 Judge Cote denied the motion(s) to dismiss: "as to Maximiliano Davila-Perez. The defendant's August 7, 2025 motion to dismiss the Indictment is denied. (Signed by Judge Denise L. Cote on 8/22/2025)."
Later on August 22 the US Attorney's Office wrote in asking on co-defendant Serrate Middagh for 108 months on August 29.
Inner City Press went to the sentencing and live tweeted. The defendant sobbed, and said his daughter was in the hall, he was too embarassed to have her come in. Then he was sentenced to 108 months.
More on X for Subscribers here and Substack here
The case is USA v. Vasquez-Drew, et al., 1:19-cr-91 (Cote)
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