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Times published 7 page letter DUDUS wrote to judge/'Dudus didn't squeal' Speculation ‘disturbs’ Coke’s lawyer/EXCERPT from LETTER DUDUS WROTE to JUDGE BEGGING for MERCY, also GUILTY PLEA documents
CONFESSED GANGSTER Christopher 'Dudus' Coke has requested that US federal judge Robert Patterson suspend his sentencing date until March 16.
Coke, yesterday, in a motion to the judge, pointed to a 30-page sentencing memorandum filed by the prosecutors on Wednesday as the basis on which he has requested the postponement.
"The defendant Christopher Coke respectfully request that this court allows him to respond," the motion filed by Coke said.
It added that the government has no objection to a continuance in the matter until March 16.
Judge Patterson has not yet responded to the motion.
On Wednesday, the government, in its sentencing memorandum, urged Patterson to imprison Coke for the maximum 23 years. US prosecutors say such a sentence would protect the public from more of his crimes.
Coke is scheduled to be sentenced at 2 p.m. on Tuesday in the Manhattan Federal Court in New York. He has pleaded guilty to racketeering conspiracy and conspiracy to commit assault with a dangerous weapon in aid of racketeering.
"The government respectfully submit that a sentence of 276 months' imprisonment - the statutory maximum sentence and only 14 months above the bottom of the applicable guidelines range is the appropriate sentence," prosecutors stated in a sentencing memo filed on Wednesday.
"Such a sentence will make clear that those leaders of international organisations who commit crimes in the United States and who use violence and intimidation to achieve their aims, harming citizens of two countries in the process, will be punished to the fullest extent of the law," the prosecutors say.
They also pointed to the demonstration in Kingston in which Coke loyalists said they were willing to die for him, as an indication of his power.
The prosecutors say "a substantial sentence - the statutory maximum - is necessary to reduce the risk that Coke resumes his leadership position in the organisation and his criminal activities upon his release from prison and his return to Jamaica".
The prosecutors argue that Coke's history and characteristics warrant the statutory maximum sentence.
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The New York Times published the 7 page letter that Mr Christopher DUDUS Coke wrote to the judge begging for mercy. Click on link below to read.
http://www.nytimes.com/interactive/2011/09/21/nyregion/21coke-lette...
WHEN reputed Jamaican drug lord Christopher 'Dudus' coke pleaded guilty last month to reduced charges in a New York court, speculation was rife that he would call names.
Yesterday, Coke's legal team insisted that he had not, and did not intend to co-operate with US prosecutors.
The speculation, according to Coke's legal team, is putting the "innocent" lives of the family members of the former Tivoli Gardens don at risk.
"He is not co-operating," Stephen H Rosen, Coke's Florida-based attorney, told the Observer in an interview.
A few hours later Rosen, through Priya Levers, the legal consultant to Coke's local legal team, would elaborate on the matter: "I can assure you that Mr Coke has no intention whatsoever of calling any names. Certainly those are my instructions and those of Mr Rosen," said Levers.
The attempt to set the record straight came on a day that was dominated by news that Coke had written to Judge Robert P Patterson Jr asking for leniency ahead of his December 8 sentencing.
In his seven-page, hand written letter that was released to the media on Tuesday, Coke asked Patterson to use his discretion to sentence him "below the guideline range".
The 42-year-old Coke, who had been on a list of the world's most dangerous drug traffickers, on August 31 pleaded guilty to one count of racketeering conspiracy and one count of conspiracy to commit assault with a dangerous weapon in aid of racketeering and faces a maximum prison sentence of 23 years.
"Good day to you, Sir. I am humbly asking if you could be lenient on me...," Coke said in the letter to Patterson.
Coke listed 13 reasons the judge should be lenient, including the recent loss of his mother, who had bemoaned his incarceration. "I was told that while she was on her deathbed, she was crying and kept calling my name," Coke wrote.
He also asked for mercy for the sake of his son, aged eight, telling the judge: "I was told that he is constantly asking for his daddy. He cries all the time..."
Coke was last year extradited to the United States to face guns and drug-running charges but eventually pleaded guilty after Patterson refused to throw out damning wiretap evidence against him. Also contributing to Coke's decision was the fact that 12 convicted men from Tivoli Gardens were set to testify about him committing no fewer than six murders in the furtherance of his alleged drug and gun-running operations.
Coke was facing possible life in prison if convicted and his plea to the lesser charges quickly fuelled speculation that he had agreed to implicate others.
Yesterday, Levers said that Rosen, whom she said "has done a terrific job on Coke's behalf, was "disturbed" about the speculation.
"I don't know why people are saying that and I don't know on what basis people are saying that. Those of us who have worked closely with Mr Rosen... can't understand that malicious and damaging circulation," said Levers.
She added: "People have to understand that the man has lost his mother, his family is here, and by saying these sorts of things you are putting an innocent family at risk. People really have to do better than that."
PLEA & COURT DOCUMENTS BELOW
"Good day to you, sir," the letter to the judge began. "I am humbly asking if you could be lenient on me."
Judges receive letters all the time from defendants who are about to be sentenced, but according to a report carried in the New York Times yesterday, judge Robert P Patterson Jr of Federal District Court has received a letter from Christopher 'Dudus' Coke.
Coke, who was described by United States prosecutors as one of Jamaica's most brutal drug lords, is said to have written a seven-page-long and neatly handprinted letter.
The Tivoli Gardens area leader who led a trafficking ring was arrested and sent to Manhattan, where he has since pleaded guilty to conspiracy charges. He could receive a 23-year sentence.
It was in that context that the New York Times article claims that Coke, 42, took it upon himself to send a polite letter to the judge.
It is further reported that while addressing the judge as 'Justice Patterson', Coke said he accepted responsibility for his actions and asked that the judge use his 'discretion' to sentence him "below the guideline range."
In doing so, Coke is reported to have offered a list of 13 reasons. For one thing, he said, he had lost his mother recently. "I was told that while she was on her deathbed, she was crying and kept calling my name," the report said.
And his eight-year-old son had been traumatised by his arrest, he is reported to have further stated in the letter. "I was told that he is constantly asking for his daddy," Coke explained, adding "He cries all the times."
The letter is said to have also contained Coke's claim that after he serves his sentence he would leave the United States and would never be able to visit his brother or other relatives who live there. He also described 'charitable deeds and social services' that provided to his community, including efforts for the elderly, the unemployed, parents and a 'back-to-school treat' for students that included school bags, books, pens, pencils and uniforms.
Coke is reported to have also mentioned even organising a parent committee which made sure that children and teenagers were off the streets by 8 p.m., Sunday to Thursday.
In the article, federal prosecutors are said to have had no comment on the September 7 letter, which was signed "Sincerely, C Coke" and mailed from the Metropolitan Correctional Center, where he is being held. His lawyers said he wrote the letter without their assistance.
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Daraine Luton, Senior Staff Reporter
CONFESSED GANGSTER Christopher 'Dudus' Coke is facing a maximum 23 years behind bars following a guilty plea in the United States Southern District Court of New York yesterday. The 42-year-old pleaded guilty before US District judge Robert P. Patterson.
Coke, who was extradited to the US on June 24, 2010 to answer narco and firearm charges, will be sentenced on December 8 around 4 p.m.
Court documents released by a United States press office stated that the former Tivoli Gardens don confessed to racketeering conspiracy in the US and conspiracy to commit assault in aid of racketeering.
PLEA & COURT DOCUMENTS BELOW
"The defendant hereby acknowledges that he has accepted this agreement and decided to plead guilty because he is in fact guilty," the plea document signed by Coke states.
It added that, "By entering this plea of guilty, the defendant waives any and all right to withdraw his plea or to attack his conviction either on direct appeal or collaterally, on the grounds that the government has failed to produce any discovery material."
On the racketeering-conspiracy charge, Coke faces a maximum sentence of 20 years in prison, a maximum term of five years' supervised release, and a maximum fine of $250,000, or twice the pecuniary gain from the offence.
On the conspiracy to commit assault in aid of racketeering charge, he faces a maximum sentence of three years in prison, a maximum term of one year of supervised release, and a maximum fine of $250,000, or twice the pecuniary gain.
The sentencing guidelines of the United States in federal cases show that Coke would have faced 262-372 months' imprisonment.
However, because the counts carry a combined statutory maximum of 276 months' imprisonment, the effective guidelines range is 262 to 276 months' imprisonment.
The sentencing court may also impose a fine ranging from US$25,000 to US$250,000.
Extradited after stand-off
Coke was extradited following a near one-year stand-off between the Bruce Golding-led government and the US. Then Attorney General Dorothy Lightbourne refused to sign the authority to proceed against Coke, saying his constitutional rights were being breached.
Golding's JLP then engaged US law firm Manatt, Phelps & Phillips in a bid to lobby the US government on the matter.
However, under public pressure, Lightbourne signed the authority to proceed against Coke. That was to lead to a stand-off between men loyal to Coke and members of the security forces. A bloody battle in Tivoli led to the deaths of more than 70 people.
Coke went into hiding and was captured, allegedly disguised with a woman's wig, in the company of clergyman Al Miller. He waived his right to fight his extradition to the US and has been awaiting trial since.
Coke last week suffered a major setback when Patterson rejected his motion to suppress wiretap information.
In obtaining a grand-jury indictment against Coke in August 2009, the prosecutors focused on taped telephone conversations he reportedly had with co-conspirators based in the US.
The prosecutors claimed that in one telephone conversation on or about April 3, 2007, Coke spoke with three co-conspirators concerning firearms that were to be shipped from the US to Jamaica.
The prosecutors also claim that about April 11, 2007, Coke had a telephone conversation with another co-conspirator concerning the sale of marijuana in New York, while a May 8, 2007 recording had Coke discussing the distribution of firearms that had arrived in Jamaica.
However, Coke's lawyers argued that the wiretaps were shared with the US law-enforcement agencies illegally and that their use would be in breach of Coke's rights under the Fifth Amendment of the US constitution.
Patterson, however, ruled against Coke, saying he "falls far short of establishing that the conduct of US or Jamaican government officials violated his due-process rights".
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