USA v. Vongxay
| New York Western District Court | |
| Case #: | 6:21-cr-06180 |
| Case Filed: | Apr 07, 2022 |
| Last checked: Saturday May 07, 2022 3:30 AM EDT |
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Defendant
Pathana Vongxay (1)
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Represented By
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Plaintiff
USA
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Represented By
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| Docket last updated: 05/07/2022 4:02 AM EDT |
| Monday, March 05, 2018 | ||
| 1 | 1
SEALED COMPLAINT as to Phoumano Duangtavilay (1), Khonesavahn Vongxay (2), Kongchay Kongthong (3), Manivone Phommaviseth (4), James Vongxay (5), Chandy Vongxay (6), Keith Surian (7), Phetnalay Douangtavilay (8), Phou Daoreuang (9), Danisha Floyed (10), Jerimiah Torres (11), Pathana Vongxay (12), Kongdeuane Vongxay (13). (NNR) [6:18-mj-00543-MJP]
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| 2 | 2
Order to Seal Case as to Phoumano Duangtavilay, Khonesavahn Vongxay, Kongchay Kongthong, Manivone Phommaviseth, James Vongxay, Chandy Vongxay, Keith Surian, Phetnalay Douangtavilay, Phou Daoreuang, Danisha Floyed, Jerimiah Torres, Pathana Vongxay, Kongdeuane Vongxay.. Signed by Hon. Jonathan W. Feldman on 3/5/18.(NNR) [6:18-mj-00543-MJP]
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| Wednesday, May 30, 2018 | ||
| Summons Issued in case as to Pathana Vongxay Initial Appearance set for 5/31/2018 10:00 AM before Hon. Jonathan W. Feldman. (NNR) [6:18-mj-00543-MJP] | ||
| 64 | 64 Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Appearances: S. Eldridge, AUSA, defendant pro se. Initial Appearance as to Pathana Vongxay held on 5/30/2018. Case unsealed per government's motion. Defendant advises that she requests an interpreter - initial appearance is adjourned. Summons is issued. Initial Appearance set for 5/31/2018 10:00 AM before Hon. Jonathan W. Feldman. (Court Reporter Digital recording.)(NNR) [6:18-mj-00543-MJP] | |
| Thursday, May 31, 2018 | ||
| 65 | 65 Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Appearances: S. Eldridge, AUSA, M. Foti, Esq. w defendant, J. Finucane, USPO, S. Phonnanirat, Lao Interpreter. Initial Appearance as to Pathana Vongxay held on 5/31/2018. Defendant is advised of rights and charges, defendant requests court appointed counsel - attorney Mark A Foti assigned for Pathana Vongxay. The government is not moving to detain defendant is agreeing to her release on conditions recommended by pretrial - granted. Conditions set. Status Conference set for 7/27/2018 09:30 AM before Hon. Jonathan W. Feldman. Time Excluded as to Pathana Vongxay from: 5/31/18 through 7/27/18 in the interest of justice. (Court Reporter Digital recording.)(NNR) [6:18-mj-00543-MJP] | |
| 66 | 66
ORDER Setting Conditions of Release as to Pathana Vongxay (12). Signed by Hon. Jonathan W. Feldman on 5/31/18.(NNR) [6:18-mj-00543-MJP]
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| 67 | 67
CJA 23 Financial Affidavit by Pathana Vongxay. (NNR) [6:18-mj-00543-MJP]
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| Wednesday, June 06, 2018 | ||
| 69 | 69
Summons Returned Executed on 5/30/18 as to Pathana Vongxay (NNR) [6:18-mj-00543-MJP]
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| 70 | 70
Arrest Warrant Returned Executed on 5/30/18 in case as to Pathana Vongxay. (NNR) [6:18-mj-00543-MJP]
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| Friday, July 27, 2018 | ||
| 93 | 93
ORDER TO CONTINUE - Ends of Justice as to Pathana Vongxay Time excluded from 7/27/18 until 9/17/18. Status Conference reset for 9/17/2018 09:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 7/27/18.(NNR) [6:18-mj-00543-MJP]
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| Wednesday, August 08, 2018 | ||
| 97 | 97
First MOTION to Travel between 8/14/18 and 9/4/18 by Pathana Vongxay. (Foti, Mark) [6:18-mj-00543-MJP]
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| Monday, August 13, 2018 | ||
| Set/Reset Deadlines/Hearings as to Pathana Vongxay: Status Conference set for 8/14/2018 02:15 PM before Hon. Jonathan W. Feldman. (NNR) [6:18-mj-00543-MJP] | ||
| Tuesday, August 14, 2018 | ||
| 100 | 100 Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Appearances: M. Foti, Esq. w/defendant, S. Eldridge, AUSA, T. Longelotti, USPO. Motion Hearing as to Pathana Vongxay held on 8/14/2018 re97 First MOTION to Travel between 8/14/18 and 9/4/18 filed by Pathana Vongxay. The Court is inclined to grant defendant's motion if probation has no objection once it learns of defendant's exact travel arrangements and names and contact information of defendant's potential employer. Defendant to make travel arrangements and advise USPO accordingly. Status Conference remains set for 9/17/2018 09:30 AM before Hon. Jonathan W. Feldman. (Court Reporter Digital recording.)(NNR) [6:18-mj-00543-MJP] | |
| Monday, September 17, 2018 | ||
| 107 | 107 Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Appearances: S. Eldridge, AUSA, J. Ciccone, AFPD, M. Foti, Esq., M. Lembke, Esq., D. Morabito, Esq., M. Schiano, Esq., S. Phommanirat, Lao Interpreter. Status Conference as to Phoumano Duangtavilay, Manivone Phommaviseth, Keith Surivan, Phetnalay Douangtavilay, Phou Daoreuang, Pathana Vongxay held on 9/17/2018. The parties have been communicating regarding possible resolution of the matter; the government will be providing the parties' proposed plea agreements in the nearest future. Manivone Phommaviseth is advised that her counsel, James Vacca Esq., has advised the Court that he is sick and cannot appear on her behalf. Status Conference reset for 9/25/2018 09:30 AM before Hon. Jonathan W. Feldman for Manivone Phommaviseth only. Time Excluded as to Phoumano Duangtavilay, Keith Surivan, Phetnalay Douangtavilay, Phou Daoreuang, Pathana Vongxay from: 9/17/18 through 10/19/18 in the interest of justice. No further appearances for these defendants have been scheduled. Time Exclusded as to Manivone Phommaviseth from 9/17/18 through 9/25/18 in the interest of justice. (Court Reporter Digital recording.)(NNR) [6:18-mj-00543-MJP] | |
| Wednesday, December 12, 2018 | ||
| 125 | 125
First MOTION to Modify Conditions of Release to Relocate by Pathana Vongxay. (Foti, Mark) [6:18-mj-00543-MJP]
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| Thursday, December 13, 2018 | ||
| 126 | 126 TEXT ORDER granting125 Motion to Modify Conditions of Release as to Pathana Vongxay (12) without objection from the government and probation. Signed by Hon. Jonathan W. Feldman on 12/13/2018.(LMD) [6:18-mj-00543-MJP] | |
| 127 | 127
ORDER as to Pathana Vongxay. It is ordered that the defendant has been granted permission to reside in the District of Nevada. The defendant shall notify pretrial services in the Western District of New York 5 business days prior to her departure and provide her change of address. In addition, the defendant shall report to pretrial services in Nevada as directed by pretrial services in the Western District of New York. Signed by Hon. Jonathan W. Feldman on 12/13/2018.(LMD) [6:18-mj-00543-MJP]
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| Wednesday, December 26, 2018 | ||
| 128 | 128
ORDER TO CONTINUE - Ends of Justice as to Phoumano Duangtavilay, Khonesavahn Vongxay, Kongchay Kongthong, Manivone Phommaviseth, James Vongxay, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Phou Daoreuang, Danisha Floyd, Jerimiah Torres, Pathana Vongxay, Kongdeuane Vongxay Time excluded from 12/26/2018 until 02/15/2019 pursuant to 18 U.S.C. §3161(h)(7). Signed by Hon. Jonathan W. Feldman on 12/26/2018.(LMD) [6:18-mj-00543-MJP]
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| Friday, February 15, 2019 | ||
| 129 | 129 TEXT ORDER TO CONTINUE - Ends of Justice as to Phoumano Duangtavilay, Khonesavahn Vongxay, Kongchay Kongthong, Manivone Phommaviseth, James Vongxay, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Phou Daoreuang, Danisha Floyd, Jerimiah Torres, Pathana Vongxay, Kongdeuane Vongxay. Time excluded from 2/15/2019 until 4/25/2019 at the request of government counsel and without objection from defense counsel in the interest of justice pursuant to 18 USC § 3161(h)(7). Signed by Hon. Jonathan W. Feldman on 02/15/2019. (LMD) [6:18-mj-00543-MJP] | |
| Monday, April 29, 2019 | ||
| 139 | 139 TEXT ORDER TO CONTINUE - Ends of Justice as to Phoumano Duangtavilay, Khonesavahn Vongxay, Kongchay Kongthong, Manivone Phommaviseth, James Vongxay, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Phou Daoreuang, Danisha Floyd, Jerimiah Torres, Pathana Vongxay, Kongdeuane Vongxay Time excluded from 4/29/2019 until 6/13/2019 in the interest of justice pursuant to 18 USC § 3161(h)(7)(A) and requested by the government and agreed to by all defense counsel. Signed by Hon. Jonathan W. Feldman on 04/29/2019. (LMD) [6:18-mj-00543-MJP] | |
| Friday, July 12, 2019 | ||
| 145 | 145
ORDER TO CONTINUE - Ends of Justice as to Phoumano Duangtavilay, Khonesavahn Vongxay, Kongchay Kongthong, Manivone Phommaviseth, James Vongxay, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Phou Daoreuang, Danisha Floyd, Jerimiah Torres, Pathana Vongxay, Kongdeuane Vongxay Time excluded from 7/12/2019 until 9/17/2019 in the interest of justice pursuant to 18 USC § 3161(h)(7)(A). Signed by Hon. Jonathan W. Feldman on 07/12/2019. (LMD) [6:18-mj-00543-MJP]
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| Monday, September 30, 2019 | ||
| 152 | 152
ORDER TO CONTINUE - Ends of Justice as to Phoumano Duangtavilay, Khonesavahn Vongxay, Kongchay Kongthong, Manivone Phommaviseth, James Vongxay, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Pathana Vongxay Time excluded from 9/30/2019 until 11/15/2019. Time Excluded as the above defendants from 9/30/2019 to 11/15/2019 in the interest of justice pursuant to 18 USC § 3161(h)(7)(A). Status Conference set for 11/15/2019 4:00 PM before Hon. Jonathan W. Feldman's successor. Signed by Hon. Jonathan W. Feldman on 09/30/2019. (LMD) [6:18-mj-00543-MJP]
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| Wednesday, October 02, 2019 | ||
| CALENDAR EVENT: Set Hearings as to Phoumano Duangtavilay, Kongchay Kongthong, Manivone Phommaviseth, James Vongxay, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Pathana Vongxay: Status Conference set for 11/15/2019 04:00 PM before Hon. Jonathan W. Feldman's successor. (LMD) [6:18-mj-00543-MJP] | ||
| Wednesday, November 06, 2019 | ||
| 153 | 153 TEXT ORDER reassigning this action to the Hon. Mark W. Pedersen. Hon. Jonathan W. Feldman no longer assigned to the case. (JMM) [6:18-mj-00543-MJP] | |
| Tuesday, November 12, 2019 | ||
| CALENDAR EVENT: Reset hearings as to Kongchay Kongthong, Manivone Phommaviseth, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Pathana Vongxay: Status Conference RESET for 11/22/2019 09:30 AM before Hon. Mark W. Pedersen. (JB) [6:18-mj-00543-MJP] | ||
| Terminate Hearings as to Kongchay Kongthong, Manivone Phommaviseth, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Pathana Vongxay for 11/15/2019. Reset for 11/22/2019 @ 9:30AM before Hon. Mark W. Pedersen. (JB) [6:18-mj-00543-MJP] | ||
| CALENDAR EVENT: Reset Hearings as to Kongchay Kongthong, Manivone Phommaviseth, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Pathana Vongxay. Status Conference RESET for 11/22/2019 03:00 PM before Hon. Mark W. Pedersen. NOTE CHANGE IN TIME. (JB) [6:18-mj-00543-MJP] | ||
| Wednesday, November 20, 2019 | ||
| 154 | 154
MOTION to Adjourn status conference, MOTION to Exclude by USA as to Kongchay Kongthong, Manivone Phommaviseth, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Pathana Vongxay. (KAP) [6:18-mj-00543-MJP]
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| Thursday, November 21, 2019 | ||
| Terminate Deadlines and Hearings as to Kongchay Kongthong, Manivone Phommaviseth, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Pathana Vongxay: (KAP) [6:18-mj-00543-MJP] | ||
| 155 | 155
LETTER ORDER granting154 Motion to Adjourn status conference as to Kongchay Kongthong (3), Manivone Phommaviseth (4), Phetnalay Douangtavilay (8), Pathana Vongxay (12); granting154 Motion to Exclude as to Kongchay Kongthong (3), Manivone Phommaviseth (4), Phetnalay Douangtavilay (8), Pathana Vongxay (12). Status conference is adjourned to 11/26/19 at 11:00 a.m. Speedy trial exclusion from 11/15/19 to 11/26/19 pursuant to 18 USC § 3161(h)(7). Signed by Hon. Mark W. Pedersen on 11/15/19.(KAP) Modified on 11/21/2019 (JB). (Main Document 155 replaced on 11/22/2019) (KAP). [6:18-mj-00543-MJP]
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| Tuesday, November 26, 2019 | ||
| 163 | 163
MOTION to Adjourn Status Conference, MOTION to Exclude Time by Pathana Vongxay. (JB) [6:18-mj-00543-MJP]
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| Wednesday, December 04, 2019 | ||
| 164 | 164
ORDER granting163 Motion to Adjourn Status Conference as to Pathana Vongxay (12); granting163 Motion to Exclude Time as to Pathana Vongxay (12). Status Conference reset for 12/6/2019 at 1:00 PM. Signed by Hon. Mark W. Pedersen on 11/26/2019.(JB) [6:18-mj-00543-MJP]
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| Friday, December 06, 2019 | ||
| 165 | 165 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Pathana Vongxay held on 12/6/2019. Appearances: Mark Foti, Esq., and Sean Eldridge, AUSA. Deft appearance waived. Parties working towards resolution. Status Conference/Set PH date set for 1/27/2020 @ 9:30AM before Hon. Mark W. Pedersen. TIME EXCLUDED FROM 12/6/2019 TO 1/27/2020 IN THE INTEREST OF JUSTICE FOR REASONS STATED ON THE RECORD. Deft remains released on bail. (Court Reporter Sue Ryckman, Forbes Reporting.)(JB) [6:18-mj-00543-MJP] | |
| Friday, January 24, 2020 | ||
| CALENDAR EVENT as to Manivone Phommaviseth, Pathana Vongxay: Status Conference reset for 1/27/2020 at 10:30 AM before Hon. Mark W. Pedersen. PLEASE NOTE THE CHANGE IN TIME. (JB) [6:18-mj-00543-MJP] | ||
| Terminate Deadlines and Hearings as to Manivone Phommaviseth, Pathana Vongxay: (JB) [6:18-mj-00543-MJP] | ||
| Monday, January 27, 2020 | ||
| 172 | 172 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Pathana Vongxay held on 1/27/2020. Appearances: Mark Foti, Esq., and Sean Eldridge, AUSA. Deft appearance waived. Parties working towards resolution. Status Conference/Set PH date set for 2/24/2020 @ 9:45 AM before Hon. Mark W. Pedersen. TIME EXCLUDED FROM 1/27/2020 TO 2/24/2020 IN THE INTEREST OF JUSTICE FOR REASONS STATED ON THE RECORD. Deft remains released on bail. (Court Reporter FTR Gold.)(JB) [6:18-mj-00543-MJP] | |
| Monday, February 24, 2020 | ||
| 183 | 183 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Pathana Vongxay held on 2/24/2020. Appearances: Mark A. Foti, Esq., and Sean Eldridge, AUSA. Deft appearance waived. Parties working towards resolution. Status Conference/Set PH date set for 3/24/2020 @ 9:30 AM before Hon. Mark W. Pedersen. TIME EXCLUDED FROM 2/24/2020 TO 3/24/2020 IN THE INTEREST OF JUSTICE FOR REASONS STATED ON THE RECORD. Deft remains released on bail. (Court Reporter FTR Gold.)(JB) [6:18-mj-00543-MJP] | |
| Thursday, March 19, 2020 | ||
| 194 | 194
MOTION to Adjourn the 3/24/20 status conference (by letter) by Pathana Vongxay. (Foti, Mark) [6:18-mj-00543-MJP]
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| Friday, March 20, 2020 | ||
| 195 | 195 TEXT ORDER granting194 Motion to Adjourn status conference as to Pathana Vongxay (12). Status conference is adjourned to 3/28/2020 at9:30 a.m. Time is excluded in the interest of justice under 18 U.S.C. § 3161(h)(7)(a) between today and the date of the conference. I find that the defendant's and the public's interest in a speedy trial indictment/trial are outweighed by the defendant's interest in having sufficient time to continue plea negotiations with the government as well as the defendant's and counsel's safety during the COVID-19 outbreak, as described in Chief Judge Frank Geraci's General Order dated 3/13/20. Signed by Hon. Mark W. Pedersen on 3/20/20.(KAP) [6:18-mj-00543-MJP] | |
| 196 | 196 TEXT ORDER as to Pathana Vongxay. Status conference is adjourned to 5/28/2020 at 9:30 a.m. (correcting date from previously entered text order) Signed by Hon. Mark W. Pedersen on 3/20/20.(KAP) [6:18-mj-00543-MJP] | |
| Monday, March 23, 2020 | ||
| 197 | 197 TEXT ORDER as to Pathana Vongxay: In its Order on Motion to Adjourn 195 the Court adjourned the status conference to 3/28/2020 at 9:30 a.m. The Court subsequently corrected the new date for a status conference to 5/28/2020 at 9:30 a.m. The Court finds that the ends of justice in granting this lengthy adjournment outweigh the interests of the public and the defendant in a speedy trial because it will permit counsel to further negotiate a pre-indictment settlement in this multi-defendant case, will limit the exposure of the defendant, counsel, and interpreters to the COVID-19 virus, and will permit this case to be heard closer in time to the dates of the cases of the co-defendants. Accordingly, the time is excluded per 18 U.S.C. § 3161(h)(7)(A). Signed by Hon. Mark W. Pedersen on 3/23/2020.(JB) [6:18-mj-00543-MJP] | |
| Thursday, May 21, 2020 | ||
| CALENDAR EVENT as to Kongchay Kongthong, Manivone Phommaviseth, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Pathana Vongxay: Status Conference reset to 5/28/2020 at 1:00 PM before Hon. Mark W. Pedersen. PLEASE NOTE THE CHANGE IN TIME. (JB) [6:18-mj-00543-MJP] | ||
| Tuesday, May 26, 2020 | ||
| 203 | 203 TEXT ORDER as to Chandy Vongxay: The Motion to Adjourn Status Conference (ECF No. 202 ) is GRANTED. The Status Conference shall be adjourned until 7/23/2020 at 10:30 AM. At defendant's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(a). I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's and counsel's health and safety during the COVID-19 outbreak, as described in Chief Judge Geraci's General Order dated 3/13/2020. SO ORDERED. Signed by Hon. Mark W. Pedersen on 5/26/2020.(JB) [6:18-mj-00543-MJP] | |
| Wednesday, May 27, 2020 | ||
| 206 | 206
MOTION to Adjourn the 5/28/20 status conference (by letter) by Pathana Vongxay. (Foti, Mark) [6:18-mj-00543-MJP]
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| 208 | 208 TEXT ORDER granting206 Motion to Adjourn status conference as to Pathana Vongxay (12). The Status Conference shall be adjourned until 7/23/2020 at 10:30 AM. At defendant's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(a). I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's and counsel's health and safety during the COVID-19 outbreak, as described in Chief Judge Geraci's General Order dated 3/13/2020. SO ORDERED. Signed by Hon. Mark W. Pedersen on 5/27/20.(KAP) [6:18-mj-00543-MJP] | |
| Monday, July 20, 2020 | ||
| 211 | 211 TEXT ORDER granting 210 Motion to Adjourn Status Conference as to Kongchay Kongthong (3). The Status Conference shall be adjourned until 8/28/2020 at 10:30 AM. At defendant's/plaintiff's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A). I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's interest in having sufficient time to continue plea negotiations with the government. SO ORDERED Signed by Hon. Mark W. Pedersen on 7/20/2020.(JB) [6:18-mj-00543-MJP] | |
| Wednesday, July 22, 2020 | ||
| 215 | 215
MOTION to Adjourn 7/23/20 status conference by Pathana Vongxay. (Foti, Mark) [6:18-mj-00543-MJP]
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| Thursday, July 23, 2020 | ||
| 216 | 216 TEXT ORDER granting 212 Motion to Adjourn Status Conference as to Manivone Phommaviseth (4); granting 213 Motion to Adjourn Status Conference as to Chandy Vongxay (6); granting 214 Motion to Adjourn Status Conference as to Phetnalay Douangtavilay (8); granting215 Motion to Adjourn Status Conference as to Pathana Vongxay (12). The Status Conference shall be adjourned until 8/28/2020 at 11:00 AM. At defendant's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A). I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's interest in having sufficient time to continue plea negotiations with the government. SO ORDERED. Signed by Hon. Mark W. Pedersen on 7/22/2020.(JB) [6:18-mj-00543-MJP] | |
| Tuesday, August 25, 2020 | ||
| 221 | 221 TEXT ORDER granting 220 Motion to Adjourn Status Conference as to Kongchay Kongthong (3); granting 219 Motion to Adjourn Status Conference as to Chandy Vongxay (6). The Status Conference shall be adjourned until 10/8/2020 at 10:30 AM before Hon. Mark W. Pedersen. At defendant's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A). I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's interest in having sufficient time to continue plea negotiations with the government. The matter will take place in the Courthouse. Parties wishing to listen to the proceeding should contact 877-402-9753, and enter access code 7137484 at the scheduled date and time. SO ORDERED. Signed by Hon. Mark W. Pedersen on 8/25/2020.(JB) [6:18-mj-00543-MJP] | |
| Wednesday, August 26, 2020 | ||
| 223 | 223 TEXT ORDER granting 222 Motion to Adjourn Status Conference as to Manivone Phommaviseth (4). The Status Conference shall be adjourned until 10/8/2020 at 10:30 AM before Hon. Mark W. Pedersen. At defendant's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A). I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's interest in having sufficient time to continue plea negotiations with the government. The matter will take place in the Courthouse. Parties wishing to listen to the proceeding should contact 877-402-9753, and enter access code 7137484 at the scheduled date and time. SO ORDERED. Signed by Hon. Mark W. Pedersen on 8/26/2020.(JB) [6:18-mj-00543-MJP] | |
| Thursday, August 27, 2020 | ||
| 224 | 224
MOTION to Adjourn to Adjourn 8/28/20 status conference (by letter) by Pathana Vongxay. (Foti, Mark) [6:18-mj-00543-MJP]
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| Friday, August 28, 2020 | ||
| 226 | 226 TEXT ORDER granting 225 Motion to Adjourn Status Conference as to Phetnalay Douangtavilay (8); granting224 Motion to Adjourn Status Conference as to Pathana Vongxay (12). The Status Conference shall be adjourned until 10/8/2020 at 10:30 AM before Hon. Mark W. Pedersen. At defendant's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A). I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's interest in having sufficient time to continue plea negotiations with the government. The matter will take place in the Courthouse. Parties wishing to listen to the proceeding should contact 877-402-9753, and enter access code 7137484 at the scheduled date and time. SO ORDERED. Signed by Hon. Mark W. Pedersen on 8/28/2020.(JB) [6:18-mj-00543-MJP] | |
| Wednesday, October 07, 2020 | ||
| 233 | 233
MOTION to Adjourn 10/8/20 status conference (by letter) by Pathana Vongxay. (Foti, Mark) [6:18-mj-00543-MJP]
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| Thursday, October 08, 2020 | ||
| Set/Reset Hearings as to Kongchay Kongthong, Manivone Phommaviseth, Chandy Vongxay, Phetnalay Douangtavilay, Pathana Vongxay:( Status Conference set for 11/12/2020 10:00 AM before Hon. Mark W. Pedersen.), Terminate Deadlines and Hearings as to Kongchay Kongthong, Manivone Phommaviseth, Chandy Vongxay, Phetnalay Douangtavilay, Pathana Vongxay: (JB) [6:18-mj-00543-MJP] | ||
| 234 | 234 TEXT ORDER granting 232 Motion to Adjourn Status Conference as to Kongchay Kongthong (3); granting 230 Motion to Adjourn Status Conference as to Manivone Phommaviseth (4); granting 229 Motion to Adjourn Status Conference as to Chandy Vongxay (6); granting 231 Motion to Adjourn Status Conference as to Phetnalay Douangtavilay (8); granting233 Motion to Adjourn Status Conference as to Pathana Vongxay (12). The Status Conference shall be adjourned until 11/12/2020 at 10:00 AM before Hon. Mark W. Pedersen. At defendant's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A). I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's interest in having sufficient time to continue plea negotiations with the government. The matter will take place in the Courthouse. Parties wishing to listen to the proceeding should contact 877-402-9753, and enter access code 7137484 at the scheduled date and time. SO ORDERED. Signed by Hon. Mark W. Pedersen on 10/8/2020.(JB) [6:18-mj-00543-MJP] | |
| Friday, November 13, 2020 | ||
| Set/Reset Hearings as to Kongchay Kongthong, Manivone Phommaviseth, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Pathana Vongxay:( Status Conference set for 1/11/2021 01:30 PM before Hon. Mark W. Pedersen.), Terminate Deadlines and Hearings as to Kongchay Kongthong, Manivone Phommaviseth, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Pathana Vongxay: (JB) [6:18-mj-00543-MJP] | ||
| 240 | 240
MOTION to Adjourn 11/12/20 status conference (by letter) by Pathana Vongxay. (Foti, Mark) [6:18-mj-00543-MJP]
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| 241 | 241 TEXT ORDER granting 235 Motion to Adjourn Status Conference as to Kongchay Kongthong (3); granting 239 Motion to Adjourn Status Conference as to Manivone Phommaviseth (4); granting 238 Motion to Adjourn Status Conference as to Chandy Vongxay (6); granting 236 Motion to Adjourn Status Conference as to Keith Surivan (7); granting 237 Motion to Adjourn Status Conference as to Phetnalay Douangtavilay (8); granting240 Motion to Adjourn Status Conference as to Pathana Vongxay (12). The Status Conferences shall be adjourned until 1/11/2021 at 1:30 PM before Hon. Mark W. Pedersen. At defendant's request, time is excluded in the interests of justice as to all defendants pursuant to 18 U.S.C. § 3161 (h)(7)(A). I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's interest in having sufficient time to continue plea negotiations with the government. The matter will take place in the Courthouse. Parties wishing to listen to the proceeding should contact 877-402-9753, and enter access code 7137484 at the scheduled date and time. SO ORDERED. Signed by Hon. Mark W. Pedersen on 11/13/2020.(JB) [6:18-mj-00543-MJP] | |
| Friday, January 08, 2021 | ||
| 244 | 244
Joint MOTION to Adjourn to Adjourn and Exclude Time by USA as to Kongchay Kongthong, Manivone Phommaviseth, Chandy Vongxay, Keith Surivan, Phetnalay Douangtavilay, Pathana Vongxay. (Eldridge, Sean) [6:18-mj-00543-MJP]
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| 245 | 245 TEXT ORDER granting244 Motion to Adjourn status conference as to Kongchay Kongthong (3), Manivone Phommaviseth (4), Chandy Vongxay (6), Keith Surivan (7), Phetnalay Douangtavilay (8), Pathana Vongxay (12); granting 243 Motion to Adjourn status conference as to Keith Surivan (7); granting 242 Motion to Adjourn status conference as to Phetnalay Douangtavilay (8).At defendant's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A). I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's interest in having sufficient time to continue plea negotiations with the government. Status conference is adjourned to 3/15/21 at 11:00 a.m. Signed by Hon. Mark W. Pedersen on 1/8/21.(KAP) [6:18-mj-00543-MJP] | |
| Friday, March 12, 2021 | ||
| 253 | 253
MOTION to Adjourn by Pathana Vongxay. (Foti, Mark) [6:18-mj-00543-MJP]
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| Monday, March 15, 2021 | ||
| 254 | 254 TEXT ORDER granting253 Motion to Adjourn Status Conference as to Pathana Vongxay (12). The Status Conference is hereby adjourned. No further Court date will be set at this time. At defendant's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A) until 4/12/2021. I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's interest in having sufficient time to continue plea negotiations with the government. A Joint Status Report is due to be filed by 4/12/2021, at which point the Court will determine whether or not to continue to exclude time or set a date for Preliminary Hearing. SO ORDERED. Signed by Hon. Mark W. Pedersen on 3/15/2021.(JB) [6:18-mj-00543-MJP] | |
| Wednesday, April 14, 2021 | ||
| 257 | 257
MOTION to exclude time with joint status report as to the remaining defendants by USA as to Kongchay Kongthong, Manivone Phommaviseth, Chandy Vongxay, Phetnalay Douangtavilay, Pathana Vongxay. (Eldridge, Sean) [6:18-mj-00543-MJP]
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| Friday, April 16, 2021 | ||
| 258 | 258 TEXT ORDER granting257 Motion to Exclude Time as to Kongchay Kongthong (3), Manivone Phommaviseth (4), Chandy Vongxay (6), Phetnalay Douangtavilay (8), Pathana Vongxay (12). The Court requests a Joint Status Report be filed by 6/1/2021. The Court further orders the Government to keep the Court apprised of the plea status of the remaining defendants as they are scheduled. With the consent of all parties, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A). I find that the ends of justice in granting this exclusion outweigh the best interests of the public and the defendants in a speedy trial as it will permit the government and the remaining defendants to finalize plea negotiations. SO ORDERED. Signed by Hon. Mark W. Pedersen on 4/16/2021.(JB) [6:18-mj-00543-MJP] | |
| Tuesday, June 01, 2021 | ||
| 260 | 260
Joint MOTION to Exclude Time and Joint Status Report by USA as to Kongchay Kongthong, Chandy Vongxay, Phetnalay Douangtavilay, Pathana Vongxay. (Eldridge, Sean) [6:18-mj-00543-MJP]
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| Monday, July 12, 2021 | ||
| 261 | 261
Joint MOTION to Exclude Time and Status Report by USA as to Kongchay Kongthong, Chandy Vongxay, Phetnalay Douangtavilay, Pathana Vongxay. (Eldridge, Sean) [6:18-mj-00543-MJP]
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| Sunday, September 12, 2021 | ||
| 266 | 266
Joint MOTION to Exclude Time and Status Report by USA as to Chandy Vongxay, Phetnalay Douangtavilay, Pathana Vongxay. (Eldridge, Sean) [6:18-mj-00543-MJP]
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| Monday, September 13, 2021 | ||
| 267 | 267 TEXT ORDER granting266 Motion to Exclude as to Chandy Vongxay (6), Phetnalay Douangtavilay (8), Pathana Vongxay (12). At the joint request of the parties, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A) until 9/23/2021. I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's interest in having sufficient time to continue and finalize plea negotiations with the government. A Joint Status Report is due to be filed by 9/23/2021, at which point the Court will determine whether or not to continue to exclude time or set a date for Preliminary Hearing. SO ORDERED. Signed by Hon. Mark W. Pedersen on 9/13/2021.(JB) [6:18-mj-00543-MJP] | |
| Thursday, September 30, 2021 | ||
| 269 | 269
Joint MOTION to Exclude Statutory Speedy Trial Time & Status Update by Pathana Vongxay. (Foti, Mark) [6:18-mj-00543-MJP]
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| Wednesday, October 06, 2021 | ||
| 271 | 271 TEXT ORDER granting269 Motion to Exclude as to Pathana Vongxay (12). Matter is scheduled for a preliminary hearing on November 1, 2021 at 9:15 a.m. At the joint request of the parties, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A) until 9/23/2021. I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's interest in having sufficient time to continue and finalize plea negotiations with the government. Signed by Hon. Mark W. Pedersen on 10/6/21.(KAP) [6:18-mj-00543-MJP] | |
| Thursday, October 28, 2021 | ||
| Set/Reset Hearings as to Pathana Vongxay:( Preliminary Hearing set for 11/22/2021 09:45 AM before Hon. Mark W. Pedersen.), Terminate Deadlines and Hearings as to Pathana Vongxay: (KAP) [6:18-mj-00543-MJP] | ||
| 272 | 272
MOTION to Adjourn the preliminary hearing by Pathana Vongxay. (Foti, Mark) [6:18-mj-00543-MJP]
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| 273 | 273 TEXT ORDER granting272 Motion to Adjourn preliminary hearing and speedy trial exclusion as to Pathana Vongxay (12). Preliminary hearing is adjourned to 11/22/21 at 9:45 a.m. At the joint request of the parties, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(A) until 11/22/2021. I find that the defendant's and the public's interest in a speedy trial are outweighed by the defendant's interest in having sufficient time to continue and finalize plea negotiations with the government. Signed by Hon. Mark W. Pedersen on 10/28/21.(KAP) [6:18-mj-00543-MJP] | |
| Friday, November 19, 2021 | ||
| 274 | 274
MOTION to cancel preliminary hearing and other various relief related to scheduling of a plea hearing by Pathana Vongxay. (Foti, Mark) [6:18-mj-00543-MJP]
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| 275 | 275 TEXT ORDER granting274 Motion to Adjourn Preliminary Hearing as to Pathana Vongxay (12). The Preliminary Hearing shall be adjourned, and a Plea Agreement Hearing shall be set for 12/20/2021 at 1:00 AM before Hon. Mark W. Pedersen. At Defendant's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(a). I find that the Defendant's and the public's interest in a speedy trial are outweighed by the Defendant's interest in having sufficient time to finalize plea negotiations with the Government. The Defendant is permitted to appear virtually for this hearing. SO ORDERED. Signed by Hon. Mark W. Pedersen on 11/19/2021.(JB) [6:18-mj-00543-MJP] | |
| Friday, December 17, 2021 | ||
| 276 | 276
MOTION to Adjourn the Plea Hearing by Pathana Vongxay. (Foti, Mark) [6:18-mj-00543-MJP]
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| Wednesday, January 12, 2022 | ||
| 277 | 277 TEXT ORDER granting276 Motion to Adjourn Plea Hearing as to Pathana Vongxay (12). The Plea Hearing shall be adjourned until 2/1/2022 at 1:00 PM before Hon. Mark W. Pedersen. At Defendant's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(a). I find that the Defendant's and the public's interest in a speedy trial are outweighed by the Defendant's interest in having sufficient time to finalize plea negotiations with the Government. The proceeding will take place via Zoom, counsel of record will receive Zoom information from the Court within 24 hours of the proceeding. Parties that wish to view the proceeding may contact Chambers at pedersen@nywd.uscourts.gov for connection information. SO ORDERED. Signed by Hon. Mark W. Pedersen on 1/12/2022.(JB) [6:18-mj-00543-MJP] | |
| 278 | 278 AMENDED TEXT ORDER granting276 Motion to Adjourn Plea Hearing as to Pathana Vongxay (12). The Plea Hearing shall be adjourned until 2/3/2022 at 1:00 PM before Hon. Mark W. Pedersen. At Defendant's request, time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (h)(7)(a). I find that the Defendant's and the public's interest in a speedy trial are outweighed by the Defendant's interest in having sufficient time to finalize plea negotiations with the Government. The proceeding will take place via Zoom, counsel of record will receive Zoom information from the Court within 24 hours of the proceeding. Parties that wish to view the proceeding may contact Chambers at pedersen@nywd.uscourts.gov for connection information. SO ORDERED. Signed by Hon. Mark W. Pedersen on 1/12/2022.(JB) [6:18-mj-00543-MJP] | |
| Thursday, February 03, 2022 | ||
| 279 | 279
ORDER REGARDING USE OF VIDEO OR TELECONFERENCING as to Pathana Vongxay. Signed by Hon. Mark W. Pedersen on 2/3/22.(KAP) [6:18-mj-00543-MJP]
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| 280 | 280 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Pathana Vongxay held on 2/3/2022. Appearances: Mark A. Foti, Esq. by video; Sean C. Eldridge, AUSA by video. Deft appearing by video. Parties request one final brief adjournment to finalize the parameters of the proposed agreement. Plea Agreement Hearing set for 2/25/2022 at 1:00 PM before Hon. Mark W. Pedersen. Parties are advised this date/time is subject to change pending the availability of the Lao Interpreter. The proceeding will take place via Zoom, counsel of record will receive Zoom information from the Court within 24 hours of the proceeding. Parties that wish to view the proceeding may contact Chambers at pedersen@nywd.uscourts.gov for connection information. TIME EXCLUDED FROM 2/3/2022 TO 2/25/2022 FOR REASONS STATED ON THE RECORD. Deft remains released. (Court Reporter FTR Gold.)(JB) [6:18-mj-00543-MJP] | |
| Wednesday, February 09, 2022 | ||
| CALENDAR EVENT as to Pathana Vongxay: Plea Agreement Hearing reset for 2/24/2022 at 11:30 AM before Hon. Mark W. Pedersen. PLEASE NOTE THE CHANGE IN DATE AND TIME . (JB) [6:18-mj-00543-MJP] | ||
| Thursday, February 24, 2022 | ||
| 281 | 281 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Status Conference as to Pathana Vongxay held on 2/24/2022. Appearances: Mark A. Foti, Esq. by video; Sean C. Eldridge, AUSA by video; Silone Phommanirat, Lao Interpreter sworn. Plea Hearing not held. The deft indicates she is having trouble understanding the proceedings. After consulting with her counsel, it has come to light that the deft does not understand the dialect being used by the Lao interpreter. The Court will adjourn the Plea Hearing and exclude time for approximately 6 weeks to locate a Lao interpreter who uses the same "capital" dialect that the deft uses. Deft is encouraged to arrange a meeting with her attorney and the newly assigned interpreter to confirm they use the same dialect prior to the new hearing date. Plea Agreement Hearing reset for 4/7/2022 at 1:00 PM before Hon. Mark W. Pedersen. The proceeding will take place via Zoom, counsel of record will receive Zoom information from the Court within 24 hours of the proceeding. Parties that wish to view the proceeding may contact Chambers at pedersen@nywd.uscourts.gov for connection information. TIME EXCLUDED FROM 2/24/2022 TO 4/7/2022 FOR REASONS STATED ON THE RECORD. Deft remains released. (Court Reporter FTR Gold.)(JB) [6:18-mj-00543-MJP] | |
| Thursday, April 07, 2022 | ||
| 282 | 282
ORDER REFERRING CASE to Hon. Mark W. Pedersen as to Pathana Vongxay to take guilty plea. Signed by Hon. David G. Larimer on 4/7/22.(RE)
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| 283 | 283
WAIVER OF INDICTMENT by Pathana Vongxay. (RE)
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| 284 | 284
INFORMATION as to Pathana Vongxay (1) count(s) 1. (RE)
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| 285 | 285
PLEA AGREEMENT as to Pathana Vongxay. (RE)
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| 287 | 287 Minute Entry for proceedings held before Hon. Mark W. Pedersen:Plea Hearing as to Pathana Vongxay held on 4/7/2022. Appearances: Mark A. Foti, Esq. by video; Sean C. Eldridge, AUSA by video; Edmund Channita, Lao Interpreter by video sworn. Deft appearing by video. Deft placed under oath, plea colloquy takes place. Plea of guilty as to count 1 of the Information. PROBATION NOTIFIED OF PLEA. The Court will order a transcript of the proceedings, and will report and recommend to the District Court that the plea be accepted. Sentencing to be scheduled by the District Court. (Court Reporter FTR Gold.)(JB) | |