Case 1:97-cr-00214-CBA Document 73 Filed 03/24/10 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------X UNITED STATES OF AMERICA, : : - versus : : DAOOD SALEEM GILANI, : Defendant : ------------------------------X Docket# 97-cr-214(CBA) U.S. Courthouse Brooklyn, New York November 16, 2001 TRANSCRIPT OF CRIMINAL CAUSE FOR CONFERENCE BEFORE THE HONORABLE CAROL B. AMON UNITED STATES DISTRICT JUDGE A P P E A R A N C E S: For the Government: BY: Benton Campbell, Esq. United States Attorney Michael Beys, Esq. Assistant U.S. Attorney 271 Cadman Plaza East Brooklyn, New York 11201 For the Defendant: Howard Leader, Esq. 381 Park Avenue South New York, New York 10016 Official Transcriber: Rosalie Lombardi L.F. Transcription Plus II 3859 Tiana Street Seaford, N.Y. 11783 (516) 358-7352 Transcriptions2@verizon.net Transcription Service: Proceedings recorded by electronic sound-recording, transcript produced by transcription service Case 1:97-cr-00214-CBA Document 73 Filed 03/24/10 Page 2 of 8 2 Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 He's -MR. LEADER: There's all sorts of additional THE CLERK: MR. BEYS: United States v. Gilani. Good morning, your Honor. Michael Beys for the United States. MR. LEADER: THE COURT: officer here? MR. LEADER: MR. BEYS: He is. For Mr. Gilani, Howard Leader. All right. Is that probation He is in the back of the courtroom. material that I have just been given, your Honor, and I would like to hand up a copy of a fairly brief letter that might be of some assistance to the Court in this matter. THE COURT: I don't know. Has probation -- have you given me a recommendation on this because -PROBATION OFFICER: appearance. No, your Honor, pardon my I was I wasn't expecting a hearing today. informed at the last minute. this morning. MR. BEYS: I just received documents Yes, your Honor, I contacted Mr. Caso, Probation Officer Luis Caso, and in turn he's spoken with the probation officer in the southern district, Michael Wasmer (ph.) and the government and both probation departments are in agreement, or at least Transcription Plus II Rosalie Lombardi Case 1:97-cr-00214-CBA Document 73 Filed 03/24/10 Page 3 of 8 3 Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It's -THE COURT: MR. LEADER: (Pause) THE COURT: All right. So the probation Can I --- if I may. years. consent to the defendant's request and moreover, would agree that or would recommend to your Honor that the best way to handle this is to just completely terminate the supervised release. He's served two and a half years of the five He's been an outstanding supervisee. No problems. No complaints. And in consenting to his request, the recommendation is that supervised release be terminated. THE COURT: MR. BEYS: THE COURT: Mr. Leader? MR. LEADER: Your Honor, yes, I would like to For the purposes of his returning? Yes. What is the letter that you have, hand up a copy of a letter that I was given about 20 minutes ago. THE COURT: MR. LEADER: From who? It speaks for itself, your Honor. department is also supports the position that -PROBATION OFFICER: Yes, your Honor. Transcription Plus II Rosalie Lombardi Case 1:97-cr-00214-CBA Document 73 Filed 03/24/10 Page 4 of 8 4 Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: terminated? PROBATION OFFICER: THE COURT: Yes. -- the supervised release be And under what provision of law can I do that at this point because it's a change in sentence, I guess, to -- he had five years of supervised release. So what is the provision of law that I am ending his supervised release under? MR. BEYS: Your Honor, I would have to look I had prepared a that up and I can put it in a letter. letter which I didn't send because only on Tuesday I learned about the status conference and by the time I made -- contacted all of the probation officers, I hadn't gotten everyone's consent until this morning. So what I would like to propose is just to confirm everyone's position at this status conference and I will also cite the relevant provision. THE COURT: MR. LEADER: THE COURT: Do you know? I don't know offhand, your Honor. All right. Then if the government submits a letter to me that has the required authority in it for me at this point to terminate supervised release, then I will just so order the letter. MR. LEADER: Your Honor, I was just saying to the assistant that it may be an application in a sense Transcription Plus II Rosalie Lombardi Case 1:97-cr-00214-CBA Document 73 Filed 03/24/10 Page 5 of 8 5 Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 before? MR. BEYS: I believe so. pursuant to Rule 35(b). window-post sentence. Typically there's a one year This is obviously beyond that. But then there is a provision, I think at the end of 35(b), your Honor, that permits a re-sentencing in light of subsequent developments. THE COURT: MR. LEADER: statute before me. THE COURT: No it says, "The Court may consider Where are you talking out? I believe so -- I don't have the a government motion to reduce a sentence made one year or more after the sentence is imposed if the defendant's substantial assistance involves information or evidence not known by the defendant until one year or more after sentence is imposed." Does that apply? MR. LEADER: THE COURT: I think it would, your Honor. Did he provide the government with some information that fits that? MR. BEYS: The defendant, your Honor, in this case has provided the government with a lot information both between May of '97 and '99 and in the first year of his supervised release. THE COURT: That is, May 2000 and onwards. Information that he didn't have Transcription Plus II Rosalie Lombardi Case 1:97-cr-00214-CBA Document 73 Filed 03/24/10 Page 6 of 8 6 Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: I think there's other provisions though that permit you to -It says that, "The Court may after considering certain factors terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year of supervised release pursuant to the provisions of the federal rules of criminal procedure relating to the modifications of probation if it is satisfied that such action is warranted by the conduct of the defendant released in the interest of justice." So it seems like to me that under that section, I can terminate his supervised release and since this is the joint application of the probation department, his counsel and the government based on his behavior, while on supervised release, and his continuing cooperation, I will grant the application. MR. BEYS: Thank you very much, your Honor. Thank you very much, your Honor. MR. LEADER: MR. BEYS: Your Honor, just so I can cite it in a confirmatory letter, what were you reading from -- what were you citing from? THE COURT: Mr. Beys, look it up. I just am not going to look it up again. think. It was Title 18 3583, I Transcription Plus II Rosalie Lombardi Case 1:97-cr-00214-CBA Document 73 Filed 03/24/10 Page 7 of 8 7 Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Court and Clerk confer) THE CLERK: MR. BEYS: THE CLERK: Court a letter. Mr. Beys? Yes. I don't think you need to send the It's on the record. Okay. MR. BEYS: (Matter concluded) -o0o- Transcription Plus II Rosalie Lombardi Case 1:97-cr-00214-CBA Document 73 Filed 03/24/10 Page 8 of 8 8 C E R T I F I C A T E I, ROSALIE LOMBARDI, hereby certify that the foregoing transcript of the said proceedings is a true and accurate transcript from the electronic soundrecording of the proceedings reduced to typewriting in the above-entitled matter. I FURTHER CERTIFY that I am not a relative or employee or attorney or counsel of any of the parties, nor a relative or employee of such attorney or counsel, or financially interested directly or indirectly in this action. IN WITNESS WHEREOF, I hereunto set my hand this 2nd day of December , 2009. Transcription Plus II Rosalie Lombardi