As Bronx Gang Case Moved to Trial DOJ Mulled Appeal Now Silva Sentencing Delayed by FINRA

As Bronx Gang Case Moved to Trial DOJ Mulled Appeal Now Silva Sentencing Delayed by FINRA by Matthew Russell Lee, Patreon Book Substack SDNY COURTHOUSE, May 29 – Bruce Silva, Elijah Pough and others were indicted in a Bronx drugs and guns (shooting) case. On July 19, 2024 Bruce Silva's motion to suppress the search of the blue iPhone he had on him at the time of his arrest was granted, on the ground that the warrant did not show any nexus between the phone and the indicted crimes.   With the case set for trial beginning October 7, on July 26 co-defendant Pough appeared before U.S. District Court Judge Paul G. Gardephe. Inner City Press was there.   Judge Gardephe had appointed Pough his third CJA lawyer, who said he will be ready to go on October 7 (and might write it seeking a second chair). Then the prosecutor put on the record that his Office is considering an interlocutory appeal of the decision to suppress. "We'd have to ask Main Justice," he said.    Judge Gardephe reminded the prosecutor that he had been Chief of the Appeal unit. He asked to be told soon if there will be an appeal. On August 2 co-defendant Saleh who pled guilty asked for 30 months on August 22 at 3 pm, noting he came from Yemen seeking a better life but ended up working in a convenience store 14 hours a day and living in the basement. On August 9, the US Attorney's Office wrote in on Saleh asking for 63 months, the top of the Guidelines saying he allowed his two stores to be used. On August 20, the US Attorney's Office wrote in again, this time on co-defendant McBride, asking for "at or near 168 months' imprisonment" on August 27. On August 22, co-defendant Saleh was sentenced to 51 months. On August 23, the US Attorney's Office wrote it to request 57 months on co-defendant Emmanuel Perez when he is sentenced on August 29. On August 27, co-defendant McBride was sentenced "to five years' imprisonment on Count One and five years' imprisonment on Count Twenty, with those terms to run CONSECUTIVELY." On August 28, co-defendant Ballester, who wanted three years, was sentenced to five. On August 29 co-defendant E. Perez was sentenced to three years. On August 30, co-defendant Jordan Bennett got much more: 12 years. On May 16, 2025 on co-Defendant Pough the US Attorney's Office wrote in asking for 216 months. Sentencing is set for May 30 at 3 pm. On May 30 Pough got 10 years in prison then five years of supervised release. On August 7, 2025 counsel to Bruce Silva wrote asking that his client in the MDC be allowed out for his father's funeral on August 13. On August 14, the denial was docketed. On September 2 counsel to Silva wrote in that while he was sick on August 20 and 28, he says he would be in court - from the MDC - on September 4. On May 25, 2026 the US Attorney's Office wrote in asking for 289 months on Bruce Silva. On May 26 the sentencing was pushed from June 1 to June 12. On May 29 Silva's counsel at Quinn Emanuel (CJA), who had suggested 198 months, asked to push the sentencing to August, citing an extensive FINRA training in San Francisco from June 7 to July 25. The overall case is USA v. Silva, et al., 1:23-cr-204 (Gardephe) *** 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 500 Pearl Street, NY NY 10007 USA Mail: Box 130222, Chinatown Station, NY NY 10013 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 2006-2025 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com