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Date: 12-02-2020

Case Style:

United States of America v. Tomas Martinez-Devedia

Case Number: 1:20-cr-00165-JLS

Judge: John L. Sinatra, Jr.

Court: United States District Court for the Western District of New York (Erie County)

Plaintiff's Attorney: United States District Attorney’s Office, Buffalo, New York

Defendant's Attorney:

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Description: Buffalo, New York drug distribution criminal defense lawyer represented defendant, Tomas Martinez-Devedia, 27, of Rochester, NY, who was charged with possessing with intent to distribute and distributing MDMA (Ecstasy).

Assistant U.S. Attorney Misha Couslon, who is handling the case, stated that in June 2018, Homeland Security Investigations (HSI) began investigating the defendant's possession and distribution of controlled substances that he acquired via Bitcoin. On October 26 and December 3, 2018, HSI conducted controlled purchases of MDMA from Martinez-Devedia. On December 10, 2018, investigators executed a search warrant at the defendant’s University Avenue apartment in Rochester. They recovered cutting agents, a scale, $4,990.00, multiple electronic devices, and three bags containing suspected ketamine.

The defendant was charged by a criminal complaint December 2018 and, following his initial appearance in District Court, was released on conditions, including that he not commit any offense in violation of federal, state, or local law. On January 6, 2020, Customs and Border Protection notified HSI that three international mail parcels originating in Barcelona, Spain, and destined for two addresses in the Rochester area, had been inspected and found to contain a brown chunky substance that field tested positive for MDMA. On January 10, 2020, members of the United States Postal Inspection Service conducted a controlled delivery of the three suspicious postal packages. Investigators then executed search warrants at the two locations. When questioned, the recipients of the packages advised investigators that the packages were supposed to be delivered to the defendant. Later that day, investigators conducted a controlled delivery of two parcels filled with sham to the defendant, who was arrested at that time.

The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations; and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division.

Outcome: Defendant pleaded guilty. The charges carry a maximum penalty of 20 years in prison, and a $1,000,000 fine.

11/20/2020 21 WAIVER OF INDICTMENT by Tomas Martinez-Devedia (SG) (Entered: 11/20/2020)
11/20/2020 22 INFORMATION as to Tomas Martinez-Devedia (1) count(s) 1, 2. (SG) (Entered: 11/20/2020)
11/20/2020 23 PLEA AGREEMENT as to Tomas Martinez-Devedia (SG) (Entered: 11/20/2020)
11/20/2020 24 Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Plea Hearing as to Tomas Martinez-Devedia held by videoconference on 11/20/2020. The Court advised parties and listeners that they are strictly prohibited from recording, reproducing or rebroadcasting this hearing in whole or in part in any fashion. Violation of this Court's Order may be deemed a contempt of Court. Court confirms Defendant's consent to proceed by videoconference. Court issues order regarding use of videoconferencing. Defendant sworn and advised of rights. Defendant waives indictment and agrees to filing of 2-count Information. Pleas entered by Tomas Martinez-Devedia Guilty Counts 1-2 of the Information. Court accepts defendant's guilty pleas and the defendant is adjudged guilty of Counts 1 and 2. Sentencing set for 3/24/2021 at 2:00 PM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. ***FAILURE TO ADHERE TO THE FOLLOWING DEADLINES WILL RESULT IN AN ADJOURNMENT OF THE SENTENCING*** Presentence Report to Parties due by 2/8/2021. Sentencing Factors Statements, Objections to PSR, Sentencing Motions and Memoranda due by 2/22/2021. Responses to Sentencing Motions, Responses to Sentencing Memoranda, Responses to Objections due by 3/3/2021. Character Letters, Presentence Report to the Court due by 3/10/2021. Motions to Adjourn due by 3/15/2021. Court to issue preliminary order of forfeiture. Defendant remanded. Appearances by videoconference. For government, AUSA Misha Coulson. For defendant, Thomas Eoannou. Defendant present by videoconference. (Court Reporter Ann Sawyer) (KLH)

-PROBATION NOTIFIED OF PLEA- (Entered: 11/20/2020)
11/20/2020 25 ORDER Regarding Use of Videoconferencing for Felony Pleas as to Tomas Martinez-Devedia. Signed by Hon. John L. Sinatra, Jr. on 11/20/2020. (KLH) (Entered: 11/20/2020)

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