Saturday, March 7, 2026

Man Disputes Armed Career Criminal Act Count in Bronx Assault Now Plea Talks



Man Disputes Armed Career Criminal Act Count in Bronx Assault Now Plea Talks

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Feb 27 รข€“ Henry Boone was indicted as a felon in possession of a gun in the U.S. District Court for the Southern District of New York on June 28, 2023.

Then a superseding indictment under the Armed Career Criminal Act, allege three prior convictions. But do they all qualify?   On August 2 Boone was brought by US Marshals before SDNY Judge J. Paul Oetken. Inner City Press was there, the only media in the courtroom. 

 The prosecutor said that only the day before she'd gotten the transcript of Boone's 1996 plea allocution to attempted assault in the first degree, for a shooting in 1437 Webster Avenue in The Bronx on August 28, 1994.

  The Federal Defender asked for time to study and submitted a brief on this new document.

On August 9 the US Attorney's Office submitted a smart phone photo of the Grand Jury Report, complete with the shadow of the phone that took the shot.

Jump cut to June 20 when the US Attorney Office opposed suppression, arguing that the Terry stop was reasonable.

On December 1 Boone's Federal Defender wrote in seeking to modify or exclude four video clips of his post-arrest statement.

Jump cut February 27, 2026 when the US Attorney's Office wrote in that there are "productive plea discussions" and asking to put in another update on March 13.

The case is USA v. Boone, 1:23-cr-328 (Oetken)

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