2008-10-27 sentencing 2 transcript

8/7/2019 2008-10-27 Sentencing 2 Transcript

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1 UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

3 UNITED STATES OF AMERICA

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4 v . 07 CR 541 (RPP)5 DANIEL B. KARRON,6 Defendant .7 - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - x8 New York, N.Y.October 27, 20089

1011 Before:12 HON. ROBERT P. PATTERSON13 Dis t r i c t Judge14 APPEARANCES15 MICHAEL J . GARCIAUnited Sta tes Attorney fo r the16 Southern Dis t r i c t of New YorkBY; CHRIS EVERDELL17 CHI T. STEVE KWOK

Ass i s t an t United Sta tes Attorneys18 RUBINSTEIN & COROZZO,LLP19 Attorneys for DefendantBY; RONALD RUBINSTEIN20212223.2425

SOUTHERN DISTRICT REPORTERS, P.C.(212) 805-0300


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(Case cal led)THE COURT: Under Rule 35 I sent out a memo to counsel

3 on Friday because I got word from the Department of Probation4 tha t the Department of Probation would not honor the sentence5 tha t I imposed in th i s case and would imprison Dr. Karron for6 15 months and t ha t you could not have a sentence tha t imposed7 home confinement f i r s t . I had imposed home confinement f i r s t8 so tha t Dr. Karron could take care of h is mother during that9 per iod, but the Bureau of Prisons w on't observe it.

10 I am in a d i f f i cu l t pos i t ion .11 I would be glad to give you the memo from the Bureau12 of Prisons from the probat ion department i f you want to look a t13 i t .14 MR. RUBINSTEIN: Your Honor, t ha t was going to be my15 request , what i s contained on page 2. In order to address the16 Cour t ' s in ten t ion t ha t Dr. Karron be allow ed to care for h is17 elder ly mother, to recommend tha t you se t a vo lun ta ry sur rende r18 date in the fu tu re and ente r ta in reques ts according" to the19 s i tua t ion .20 THE COURT: We did extend the vo lun ta ry su rr ender21 date , did we not?22 MR. RUBINSTEIN: No, we did not have any provision fo r23 volunta ry . What I would respectful ly req uest fo r your Honor i s24 tha t we put it down for the f i r s t week in January and then see25 what the s i tua t ion i s with h is moth er and then your Honor could



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1 make t he d et erm in at io n about th e v olu nta ry s urre nd er a t that2 t ime. I th ink t h a t would be in accordance with th e in ten t of3 th e Court t h a t he be4 THE COURT: You can f i l e a no t ice of appeal for one5 th ing . Le t ' s not overlook t h a t . But I don ' t see how, having6 imposed a sentence , I can change it. I don ' t know t h a t I have7 any power to do what you are suggest ing , fo r one th ing.8 MR. RUBINSTEIN: You always have the power, your9 Honor, as fa r as when the defendant can surrender .

10 THE COURT: That pa r t , i f I r e- impos e s ent en ce, but11 pu t t ing o ff sentence as you suggest - - or maybe I misunderstood12 you - - judgment has been en tered in t h i s case. And when they13 got the judgment, they r ep l ied to t h i s memorandum saying t ha t14 th e Bureau of Prisons wouldn ' t 'honor the judgment because of15 t he i r regu la t ions .16 MR. RUBINSTEIN: Maybe I misspoke. I am. in agreement17 w ith the recommendation of th e probat ion depar tment . The Cour t18 can s e t a v olu nta ry s urre nd er d ate in the fu tu re . And then a t19 t h a t t ime you can en te r t a in a reques t fo r an ad jo urnment o f20 t h a t sur render date .21 THE COURT: I am per fec t ly wil l ing to s e t a voluntary22 s ur re nd er d ate in th e fu tu re , but a t th i s t ime it would be now23 because I have to ac t within one week.24 MR. RUBINSTEIN: I would ask your Honor, i f your Honor25 would en te r t a in a volun tary sur render date a t th is t ime for the



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1 f i r s t week in January.234

THE COURT: I have no problem with tha t .Does the government have any problem with tha t?MR. KWOK: I f I unders tand Mr. Rubinstein correct ly ,

5 he i s suggest ing the se t t i ng of a volunta ry sur render date6 today with extensions from t ime to t ime.7 THE COURT: As I unders tand i t , he i s saying I agree8 t ha t the sentence has to be modified as recommended by the9 proba t ion department, but I want to have h is sur render date

10 s tayed un t i l the f i r s t week in January.11 MR. KWOK: The government 's posi t ion i s tha t a12 s ur re nd er d ate should be se t a few weeks from now. As13 Mr. Rubinstein i s aware, essent i a l ly put t ing it o ff un t i l l a t e r14 and with indef in i t e extens ions , depending on the15 c i rcumstances - -16 THE COURT: I am no t going to do i nde f in i t e17 extens ions . I f you f i l e a not ice of appeal, tha t i s another18 matter . Then you can ask fo r bond pending appeal . I cannot go19 put t ing it off and o ff and of f .20 MR. KWOK: That i s the government 's conce rn because of21 the uncer ta in ty of the mother 's heal th s i t ua t ion . We are22 concerned t ha t th i s would amount to , essent ia l ly , ba i l pending23 appeal wi thout making an appl ica t ion fo r bai l pending appeal,24 and we a l l know t ha t the s tandard i s extremely high.25 The governmen t wou ld ask tha t a surrender date be s e t

SOUTHERN DISTRICT REPORTERS, P.C.{212} 805-0300


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1 no l a t e r than a few weeks from now. And then i f Mr. Rubinste in2 wants to f i l e a no t i ce of appeal , he can ask the Circu i t Court3 fo r r e l i e f i f he wants appeal or to have ba i l pending appeal.4 MR. RUBINSTEIN: Your Honor, I don ' t th ink tha t meets5 with what your Honor ' s i n i t i a l in ten t ion was, and I think what6 th e proba t ion department says spe l l s it out exac t ly to7 accomplish - -89

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THE COURT: Give me back my memorandum.MR. RUBINSTEIN: Page 2.THE COURT: I have some other people wai t ing here and

11 I cannot de l ibe ra te on th i s fo re ve r h ere .12 I see what you are point ing to , but I cannot keep13 pu t t ing it off forever on t ha t type of appl ica t ion , ba i l14 pending appeal . I don ' t th ink tha t Dr. Karron i s l ike ly to15 f l ee , but I am not going to do tha t , Mr. Rubinstein , the way16 t ha t you are sugges t ing. I wi l l put it off fo r over the17 holidays so tha t he can sur render a f t e r January 10th or i f you18 ge t ba i l pending appeal un t i l January 10th.1920

MR. RUBINSTEIN: Would you ente r ta in it now?THE COURT: I would ra the r have it sometime l a t e r

21 because I have these people wait ing.22 MR. RUBINSTEIN: We wi l l put it down fo r J anua ry 10t h,23 did your Honor say?24 THE COURT: That wi l l ge t us pas t the Christmas25 hol idays , and I wi l l impose a s p l i t sentence of seven and a



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1 hal f months of imprisonment a t the Bureau of Prisons. to be2 followed by seven and a hal f months of home confinement and3 supervised re lease so tha t he can take care of h is mother. And4 tha t term o f s up erv is ed re lease would be three years , the f i r s t5 seven and a ha l f months being home confinement.6 I t wil l be the same condi t ions o f su perv is ed re lease7 tha t I imposed on October8 MR. RUBINSTEIN: 20th, your Honor.9 THE COURT: 20th, and the same standard condi t ions

10 tha t I imposed on t ha t date wi l l also remain as par t of th is11 judgment.12 The specia l assessment of $100 wil l also apply, as13 well as the re s t i tu t ion order of October 20 and the amount of14 paYments to be made pursuant to the re s t i tu t ion order . In15 other words, the monthly paYment, 10 percent of gross monthly16 income, and the period of supervision to commence 30 days a f te r17 re lease from home confinement.18 And the defendant sha l l not i fy the United States19 Attorney of any change of address during the period of20 supervision.21 Specia l ins t ruc t ions w ith re ga rd to the paYment of the22 monetary p en al tie s w i ll apply.23 I s there anything fur ther?24 MR. RUBINSTEIN: I take it tha t the sentence25 technica l ly and l ega l ly i s imposed as of today, so the 10 days



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1 fo r f i l i ng a no t i c e would s t a r t today and no t2 THE COURT: I guess it would be from th e da te of th i s3 judgment o r t h i s sen tence and t h a t you have 10 days to4 c ha lle ng e th e te rms of th e s en te nc e.5 MR. KWOK: Do I unders t and th e January 10 date to be6 th e su r rende r and sh ou ld d efe nse co un sel wish to make ba i l7 pending appea l - -8 THE COURT: He would have to make it before January9 10th so t h a t he can ge t a dec i s i on from th e cou r t on th e ba i l

10 pending appeal .111213

MR. RUBINSTEIN: Thank you very much, your Honor.MR. KWOK: Thank you, your Honor.

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2008-10-27 sentencing 2 transcript

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