PPEcel
cope and seethe
★★★★★
- Joined
- Oct 1, 2018
- Posts
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From left to right:
Defendant Malik "Smooth" Sanchez;
Assistant U.S. Attorney Kaylan Lasky;
Assistant Federal Defender Clay Kaminsky;
U.S. District Judge Colleen McMahon
EDIT: U.S. Department of Justice press release:
Background
Repeated from a previous thread.
While livestreaming back in February 2021, a self-identified incel, 19-year-old Malik "Smooth" Sanchez randomly approached two femoids who were dining in the outdoor seating area of a New York City restaurant and said, "Allahu Akbar. Allahu Akbar. Bomb detonation in two, in two minutes. I take you with me and I kill all you. I kill all you right now. And I kill all you for Allah." This livestream is still available on YouTube and the incident begins at time mark 3:26:30.
Sanchez was arrested by the FBI's New York JTTF in April 2021, charged, and indicted on one count of "false information and hoaxes" concerning an act of terrorism under 18 U.S.C. § 1038(a)(1). The maximum sentence is five years' imprisonment. He is denied bail by the magistrate judge at the request of the prosecutor.
However, Sanchez's public defender appealed the detention order to the district judge under the Eighth Amendment's Excessive Bail Clause. The prosecutor, AUSA Kaylan Lasky counter-argued that Sanchez should remain detained pending trial as his connection to incels constituted a danger to the community, but Judge Colleen McMahon thankfully rejected such an absurd argument and granted Sanchez bail, subject to location monitoring and internet access restrictions.
Latest information
Today, Sanchez and his attorney went before a magistrate judge to change his plea to guilty. It does not appear that Sanchez struck a plea agreement with the U.S. Attorney's Office.
Sanchez remains free on bail for the time being.
What's next?
As per usual, the U.S. Probation Office will produce a sealed presentence investigation report that calculates Sanchez's advisory sentence under the U.S. Sentencing Guidelines.
It is unlikely that Sanchez will receive a sentence close to the five-year maximum. The base offense level for Sanchez's conduct is 12 points (per §2A6.1 of the Guidelines), and a 2-point reduction for a guilty plea is likely to apply. This places his recommended sentence within the range of probation with home detention, or a term of imprisonment between six to twelve months, for a person with no criminal record. What remains to be seen is whether the U.S. Attorney's Office will argue for an upward variance (i.e. harsher sentence) or accept one within the Guidelines range.
A sentencing hearing has been scheduled for February 8th, 2022 before Judge McMahon.
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