After Guilty Verdicts in Plot to Import Afghan Drugs Balouchzehi Slams Quinn Emanuel

After Guilty Verdicts in Plot to Import Afghan Drugs Balouchzehi Slams Quinn Emanuel by Matthew Russell Lee, Patreon Book Substack SDNY COURTHOUSE, March 17 – Malek Mohammad Balouchzehi was on trial for conspiracy to import narcotics into the US from Mozambique and elsewhere.        On May 11, 2023, U.S. District Court for the Southern District of New York Judge Jesse M. Furman was presiding over the trial in large courtroom 318 in 40 Foley Square. Inner City Press went and covered it.  That day, and to the guilty verdicts on May 16, there was no other media.   On May 11, Balouchzehi's CJA counsel from Quinn Emanuel was cross-examining the prosecution's phone and photo expert. It was established that while most photos taken by a phone were stored in the DCIM folder, other defaults can be set.    Over objections, Defense Exhibit 2C came in - the prosecutors had already introduced it. Summations should be Monday, May 15. On May 12, the charge conference was held. Inner City Press was there. The defense wanted out the instruction about absent witnesses, saying they could not have called the Mozambique undercover, who was anonymous. The prosecution said they didn't try. Judge Furman to his credit docketed the draft charge - and the jury questionnaire. The US closing on May 15 had a video of the defendant scrolling through photos of drugs - and the cans of tuna he allegedly shipped them in - on this phone. The quantities were astonishing: 500 kilos, $37 million. There were photos of the villa in Kenya where a meeting was held. By the afternoon, the lawyers waited in nearly empty courtroom 318. On May 16, defense counsel was waiting up on the 5th floor, monitoring 2d Circuit arguments before, among others, Judge Alison J. Nathan. Finally, the verdict: guilty on both counts. On August 28, Judge Furman ruled "MEMORANDUM OPINION AND ORDER as to Malek Mohammad Balouchzehi. For the foregoing reasons, the Court concludes that Balouchzehi qualifies as "an organizer, leader, manager, or supervisor," as defined in U.S.S.G. § 3B1.1, and is ineligible for the so-called safety valve set forth in 18 U.S.C. § 3553(f). Unless and until the Court orders otherwise, sentencing remains scheduled for October 18, 2023, at 3 pm On October 4, Balouchzehi's lawyers wrote in to ask for 144 months - with letters but none from the defendant, who maintains his innocence.. On October 24, he was sentenced to 20 years: "MALEK BALOUCHZEHI, a/k/a “Malek Khan,” was sentenced to 20 years in prison for conspiring to import heroin into the United States and distributing heroin for importation into the United States." Jump cut two years to November 10-11, 2025 when Balouchzehi from Fort Dix wrote in asking for release to time served and transfer to ICE for removal. On December 29 the US Attorney's Office wrote in opposing compassionate release, calling the defendant a continuing danger to the community. Jump cut to March 17, 2026 - Balouchzehi's complaints about his trial representation by Quinn Emanuel have been met by declarations, including that he expressly consented to the stipulation about the heroin from Mozambique (this is evidence by an email). The Government's win in a motion in limine to exclude testimony about "purported improper conduct by US or Kenyan officials in the course of the expulsion and transport of the defendant to the US." The case is US v. Balouchzehi, 21-cr-658 (Furman) *** 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 SDNY Press Room 480, front cubicle 500 Pearl Street, NY NY 10007 USA Mail: Box 20047, Dag Hammarskjold Station NY NY 10017 Reporter's mobile (and weekends): 718-716-3540 Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.  Copyright 2006-2023 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com