Case: United States v. Hasbajrami

1:11-cr-00623 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 6, 2011

Case Ongoing

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Case Summary

This case is the third time the government notified a criminal defendant that the evidence used against him was from a FISA warrantless wiretap. All the cases regarding criminal challenges to warrantless wiretapping are available in the criminal cases challenging FISA surveillance special collection. On September 6, 2011, Agron Hasbajrami, an Albanian citizen and a lawful U.S. permanent resident, was arrested boarding a flight to Istanbul, Turkey, on a one-way ticket. He was indicted two days l…

On September 6, 2011, Agron Hasbajrami, an Albanian citizen and a lawful U.S. permanent resident, was arrested boarding a flight to Istanbul, Turkey, on a one-way ticket. He was indicted two days later by a federal grand jury for providing and attempting to provide material support to terrorists. The government alleged that Hasbajrami provided funds to jihadist groups in Pakistan who had fought American forces in Afghanistan and intended to fly to Pakistan to assist those groups in that fight.

On September 9, 2011, the government moved for Hasbajrami's permanent detention given the seriousness of his crime, the danger he posed to the community, and the risk that he would flee the country using his international connections. The Court granted the motion that same day. On January 26, 2012, a superseding indictment was issued, charging him with four counts of provisions or attempting to provision material support to terrorists.

On April 12, 2012, Hasbajrami pleaded guilty to Count 2 of the indictment. The trial scheduled for July was cancelled and sentencing was set for September 14, 2012; however, a number of extensions were granted and final judgment was entered on January 16, 2013. Counts 1, 3, and 4 were dismissed and Hasbajrami was sentenced to 15 years in prison for Count 2 with a $100 special assessment fee.

On October 23, 2013, Hasbajrami sent a letter to Judge Gleeson, requesting a copy of the sentencing hearing minutes, docket sheets, grand jury transcripts, and criminal complaint. Judge Gleeson ruled that because Hasbajrami was convicted and had given no notice that he intended to appeal his conviction, his right to criminal discovery was "extinguished" and he was not entitled to the grand jury transcripts or complaint.

On December 3, 2013, the Court received a letter from Hasbajrami indicating that he had moved to have his sentence and conviction vacated. A new docket for his collateral motion was opened under no. 1:13-cv-06852-JG .

After discovery, Judge Gleeson granted Hasbajrami's motion on October 3, 2014, allowing Hasbajrami to withdraw his guilty plea and open further proceedings. Judge Gleeson noted that Hasbajrami's pro se filing only indicated that he believed the statute under which he was convicted was unconstitutionally vague and that the government disclosed new information that changed his case. In September 2011, before the guilty plea, the government indicated that it would use electronic surveillance evidence against Hasbajrami pursuant to FISA. In February 2014, the government disclosed that some of the information it would have used against Hasbajrami in trial, which included foreign intelligence, was obtained by warrantless wire-tapping.

Judge Gleeson allowed Hasbajrami to revoke his guilty plea because he was not sufficiently informed about the facts of his case and thus could not make an intelligent decision about his plea. The government failed to give him proper notice during the plea negotiations of the evidence it intended to use under the FISA Amendments Act of 2008 (FAA). By failing to give such notice, the government effectively implied that it would not use FAA-acquired evidence against him when that is exactly what it intended to do.

On November 26, 2014, Hasbajrami moved to suppress the fruits of FAA surveillance because of the statute's per se unconstitutionality and the government's "outrageous conduct" and his post-arrest statements. He also requested the Court's ruling on whether the government violated his Fifth Amendment right to Due Process, an order directing the government to reveal the witnesses it learned of during Hasbajrami's interrogation, an order directing the government to disclose the evidence that is subject to suppression, notice of the expert witnesses it intends to rely upon at trial, and disclosure of Brady/Giglio material and other evidence it intends to use at trial. On December 23, 2014, the government responded.

On February 20, 2015, Judge Gleeson denied Hasbajrami's motion to suppress the fruits of FAA surveillance and said he would issue a full opinion later. The government indicated that it would disclose some of Hasbajrami's requested information. Judge Gleeson set a status conference for February 27 to see if the government would offer the same plea bargain to Hasbajrami as it did back in 2012. The conference was rescheduled and Judge Gleeson denied Hasbajrami's request for discovery.

At the status conference on April 14, 2015, the government indicated that it would not offer the same plea bargain to Hasbajrami and go to trial, which was set for July 13, 2015. However, the parties began plea negotiations anyway, which were apparently successful. On June 26, 2015, the government issued a superseding information, charging Hasbajrami with one count of provisioning or attempting provision material support to terrorists and one count of conspiracy to provide material support to terrorists. Hasbajrami pleaded guilty to both counts. On July 15, 2015, Hasbajrami filed a sentencing memorandum requesting 60 months in prison. However, just five days later, Hasbajrami again moved to withdraw his guilty plea, arguing that his attorney forced him into it. On August 6, 2015, Judge Gleeson denied his motion to withdraw his plea and his request for new counsel.

On August 17, 2015, final judgment was entered. Hasbajrami was sentenced to 15 years in prison for Count 1 and one year in prison for Count 2, to run consecutively, for a total of 16 years in prison. He was also charged a $200 special assessment fee and a judicial order for removal to Albania was issued. On August 21, 2015, Hasbajrami appealed his conviction and sentence.

On March 8, 2016, Judge Gleeson released his opinion as to his denial of Hasbajrami's motion to suppress. Judge Gleeson refused to examine Hasbajrami's facial challenge to the FAA and instead focused on Hasbajrami's as-applied challenge. He held that warrantless surveillance against non-U.S. persons is lawful and does not violate the Fourth Amendment and the incidental collection of U.S.-based persons' information in the lawful targeting of foreign individuals does not trigger the warrant requirement. Further, Judge Gleeson held that the collection of this information was reasonable and that the collection of traditional FISA surveillance was lawfully acquired based on a warrant supported by probable cause.

On August 3, 2016, Hasbajrami's case was reassigned to Judge Irizarry.

On April 6, 2017, Judge Irizarry denied Hasbajrami's request for Judge Gleeson's Unredacted Opinion. 2017 WL 3610595. In response, Hasbajrami moved for reconsideration of the denial of his request for the Unredacted Opinion on April 17, 2017. On August 22, 2017, Judge Irizarry denied the motion for reconsideration. 2017 WL 3610518.

On August 25, 2017, Hasbajrami appealed. Arguments were heard by the Court of Appeals for the Second Circuit on August 27, 2018.

On December 19, 2019, the Second Circuit Court of Appeals released their opinion. Judge Gerard E. Lynch held that the Fourth Amendment is implicated when the government performs a search on Section 702 data, and that such a search should be considered "a separate Fourth Amendment event." Therefore, the Second Circuit remanded the proceedings to the district court because there was insufficient information (both in the classified and public record) to determine whether the querying had been reasonable. The court also denied Hasbajrami's request for the unredacted opinion because the limited redacted information "could not have substantially affected [his] due process rights" in the appeal. 945 F.3d 641.

In April 2021, the case was reassigned to Judge LaShann DeArcy Hall in the district court. In December 2021, Hasbajrami filed a supplemental memorandum of law to his motion to suppress, asking the court to order the government to disclose to Hasbajrami's security-cleared counsel the materials they had provided to the court in connection with the remand proceedings, and ultimately to grant the motion to suppress. Hasbajrami argued that the questions regarding whether query database-collected evidence was a violation of the Fourth Amendment or tainted lawfully collected evidence could not be answered without knowing what evidence had been collected via querying databases. He stated that, since his initial guilty plea had been the result of "the government's deliberate failure to disclose the specific nature of its FISA surveillance," he had the right to know what surveillance was conducted against him. Hasbajrami also requested that the court suppress the warrantlessly acquired evidence.

The court denied the motion to suppress in May 2024, with a written opinion and order to follow. On August 21, 2024, Hasbajrami filed a mandamus petition in the Second Circuit, seeking an order requiring the district court to release its opinion and order so he could appeal. The Second Circuit denied the petition a few months later, on October 9, but stated that Hasbajrami could renew the motion if the district court did not act within 45 days.

On October 23, 2024, Hasbajrami filed (pro se) a habeas petition, seeking to vacate his sentence on the grounds of ineffective counsel (for failing to inform of relevant information, failure to raise issues on appeal, and advising to plead guilty despite evidentiary problems) and prosecutorial misconduct.

The court completed its opinion on the denial of the motion to suppress in December 2024 and published the redacted version on January 21, 2025. 2025 WL 447498. Judge Hall, acknowledging the Second Circuit's determination that querying data after its initial collection and filtering constituted a separate "Fourth Amendment event," determined that, even where the initial interception of a US person's information was lawful (i.e. incidental or inadvertent), the government is not automatically permitted to search amongst the collected data without a warrant, at least as applied to this case. In the absence of a specific exception, the general prohibition on warrantless search applies, because "to hold otherwise would effectively allow law enforcement to amass a repository of communications under Section 702—including those of U.S. persons—that can later be searched on demand without limitation."

The court found that several of the government's queries fell under the foreign intelligence exception, which allows for warrantless searches directed "at a person located in the United States who is reasonably believed to be engaged in clandestine intelligence activities on behalf of a foreign government." However, the court found that government had failed to fulfill its burden to show that obtaining a warrant would have impeded their ability to collect "time sensitive information," and therefore the queries were not exempt from the warrant requirement. Judge Hall also noted that, even had the foreign intelligence exception to the warrant requirement applied, the balancing of the "substantial degree of intrusion with the powerful public interest" showed that the queries were unreasonable under the Fourth Amendment.

Despite this, the court noted that exclusion of evidence should be treated as a "last resort." Exclusion was therefore not justified in this case, because the government acted in good faith by following minimization procedures approved by the FISA court, and the queries occurred long before the agents (acting in reasonable reliance of the existing precedent) "could have been expected to know that querying required a warrant." Finally, the court denied Hasbajrami's request for unredacted access to the government's briefing and factual record, holding that disclosure was not warranted under either FISA or the Classified Information Procedures Act (CIPA).

On March 6, 2025, Hasbajrami appealed the denial of the motion to suppress to the Second Circuit. As of March 20, 2025, the case is ongoing.

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Summary Authors

Craig Streit (3/9/2017)

Cedar Hobbs (3/4/2020)

Isobel Blakeway-Phillips (3/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6087700/parties/united-states-v-hasbajrami/

Judge(s)

Attorney for Plaintiff

Amatruda, Matthew S. (New York)

Baldwin, Peter W. (New York)

DuCharme, Seth David (New York)

Attorney for Defendant

Bachrach, Michael K. (New York)

Dratel, Joshua L. (New York)

Expert/Monitor/Master/Other

Judge(s)

Gleeson, John (New York)

Hall, LaShann Moutique DeArcy (New York)

Attorney for Plaintiff

Amatruda, Matthew S. (New York)

Baldwin, Peter W. (New York)

DuCharme, Seth David (New York)

Kessler, David K. (New York)

Komatireddy, Saritha (New York)

Winik, Sara K. (New York)

Attorney for Defendant

Bachrach, Michael K. (New York)

Dratel, Joshua L. (New York)

Ennis, Nancy Lee (New York)

Zissou, Steven (New York)

Expert/Monitor/Master/Other

Toomey, Patrick Christopher (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:11-cr-00623	Docket USA v. Hasbajrami	Sept. 22, 2017	Sept. 22, 2017 Docket
1:13-cv-06852	Docket Hasbajrami v. U.S.A	Dec. 19, 2019	Dec. 19, 2019 Docket
17-02669	Docket U.S. Court of Appeals for the Second Circuit	Feb. 24, 2020	Feb. 24, 2020 Docket
1 1:11-cr-00623	Provision of Material Support to Terrorists USA v. Hasbajrami	Sept. 8, 2011	Sept. 8, 2011 Other
20 1:11-cr-00623	Superseding Indictment	Jan. 26, 2012	Jan. 26, 2012 Other
39 1:11-cr-00623	Sentencing Memorandum USA v. Hasbajrami	Nov. 21, 2012	Nov. 21, 2012 Pleading / Motion / Brief
45 1:11-cr-00623	Judgment USA v. Hasbajrami	Jan. 16, 2013	Jan. 16, 2013 Order/Opinion
65 1:11-cr-00623	Letter to Agron Hasbajrami USA v. Hasbajrami	Feb. 24, 2014	Feb. 24, 2014 Notice Letter
85 1:11-cr-00623	Order USA v. Hasbajrami	Oct. 2, 2014	Oct. 2, 2014 Order/Opinion
92 1:11-cr-00623	Defendant Agron Hasbajrami's Pretrial Omnibus Motions and Incorporated Memorandum of Law in Support Thereof USA v. Hasbajrami	Nov. 26, 2014	Nov. 26, 2014 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6087700/united-states-v-hasbajrami/

Last updated April 20, 2025, 1:14 p.m.

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ECF Number	Description	Date	Link Date / Link
1	SEALED INDICTMENT as to Agron Hasbajrami (1) count(s) 1. (Bowens, Priscilla) (Entered: 09/09/2011)	Sept. 8, 2011	Sept. 8, 2011 Clearinghouse
8	ORDER OF DETENTION PENDING TRIAL as to Agron Hasbajrami. ( Ordered by Magistrate Judge Lois Bloom on 9/9/2011) (Piper, Francine) (Entered: 09/13/2011)	Sept. 9, 2011	Sept. 9, 2011 PACER
7	CJA 23 Financial Affidavit by Agron Hasbajrami (Piper, Francine) Modified on 9/13/2011 (Piper, Francine). (Entered: 09/13/2011)	Sept. 9, 2011	Sept. 9, 2011 PACER
6	CJA 20 as to Agron Hasbajrami: Appointment of Attorney Nancy Lee Ennis for Agron Hasbajrami. (Ordered by Magistrate Judge Lois Bloom on 9/9/2011) (Piper, Francine) (Entered: 09/13/2011)	Sept. 9, 2011	Sept. 9, 2011 PACER
5	ORDER TO CONTINUE - Ends of Justice as to Agron Hasbajrami Time excluded from 9/9/11 until 9/29/11. (Ordered by Magistrate Judge Lois Bloom on 9/9/2011) (Piper, Francine) (Entered: 09/13/2011)	Sept. 9, 2011	Sept. 9, 2011 PACER
4	Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Arraignment as to Agron Hasbajrami (1) Count 1 held on 9/9/2011, Initial Appearance as to Agron Hasbajrami held on 9/9/2011, Plea entered by Agron Hasbajrami (1) Count 1. by Agron Hasbajrami Not Guilty to count one. Order of Speedy Trial, Start 9/9/11 - Stop 9/29/11. ( Status Conference set for 9/29/2011 11:00 AM in Courtroom 6C South before Judge John Gleeson.) AUSA Seth DuCharme; Defense Counsel, Nancy Ennis. (Tape #3:45 - 3:57.) (Piper, Francine) (Entered: 09/13/2011)	Sept. 9, 2011	Sept. 9, 2011 PACER
3	MOTION to Remand Memorandum of Law in Support of the Government's Motion for a Permanent Order of Detention by USA as to Agron Hasbajrami. (DuCharme, Seth) (Entered: 09/09/2011)	Sept. 9, 2011	Sept. 9, 2011 PACER
2	Order to Unseal Indictment as to Agron Hasbajrami.. Ordered by Magistrate Judge Roanne L. Mann on 9/9/2011. (Marziliano, August) (Entered: 09/09/2011) 0 View on RECAP	Sept. 9, 2011	Sept. 9, 2011 PACER
9	NOTICE of Intent to Use Foreign Intelligence Surveillance Act Information as to Agron Hasbajrami (DuCharme, Seth) (Entered: 09/13/2011)	Sept. 13, 2011	Sept. 13, 2011 PACER
12	Minute Entry for proceedings held before Judge John Gleeson:Status Conference as to Agron Hasbajrami held on 9/29/2011. Order of Speedy Trial,, Code XT, Start 9/29/11 Stop 11/21/11. Parties are beginning discovery and negotiations. ( Status Conference set for 11/21/2011 11:00 AM in Courtroom 6C South before Judge John Gleeson.) AUSA Matthew Amatruda and Seth DuCharme; Defense Counsel, Nancy L. Ennis. (Court Reporter Victoria Butler.) (Piper, Francine) (Entered: 09/30/2011)	Sept. 29, 2011	Sept. 29, 2011 PACER
11	Letter re: Government's First Round of Rule 16 Discovery as to Agron Hasbajrami (Amatruda, Matthew) (Entered: 09/29/2011)	Sept. 29, 2011	Sept. 29, 2011 PACER
10	MOTION for Discovery Conference Pursuant to CIPA Section 2 by USA as to Agron Hasbajrami. (DuCharme, Seth) (Entered: 09/29/2011)	Sept. 29, 2011	Sept. 29, 2011 PACER
14	Minute Entry for proceedings held before Judge John Gleeson: Case called. Defendant Agron Hasbajrami, in custody, appears with counsel Nancy Lee Ennis, Esq. AUSA Seth D. DuCharme appears for the government. Status Conference as to Agron Hasbajrami held on 11/21/2011. The parties are still in negotiations and discovery. The next Status Conference is set for January 25, 2012 at 10:30 AM in courtroom 6C South before Judge John Gleeson. The speedy trial time is excluded until the next conference. (Court Reporter Allan Sherman.) (Lee, Ilene) (Entered: 11/21/2011)	Nov. 21, 2011	Nov. 21, 2011 PACER
13	PROTECTIVE ORDER PERTAINING TO UNCLASSIFIED INFORMATION as to Agron Hasbajrami (Ordered by Judge John Gleeson on 11/16/2011) (Piper, Francine) (Entered: 11/21/2011)	Nov. 21, 2011	Nov. 21, 2011 PACER
	Incorrect Document Information filed. Docket entry #13 deleted and re-entered. AUSA incorrectly filed document. (Piper, Francine)	Nov. 21, 2011	Nov. 21, 2011 PACER
15	Letter re Supplemental Rule 16 Discovery Produced as to Agron Hasbajrami (DuCharme, Seth) (Entered: 12/28/2011)	Dec. 28, 2011	Dec. 28, 2011 PACER
16	Letter MOTION to Appoint Counsel by Agron Hasbajrami. (Piper, Francine) (Entered: 01/04/2012)	Dec. 30, 2011	Dec. 30, 2011 PACER
	SCHEDULING ORDER as to Agron Hasbajrami re 16 Letter MOTION to Appoint Counsel filed by Agron Hasbajrami. The parties are to appear for a conference on Thursday, January 12, 2012 at 10:00 AM before Judge John Gleeson in courtroom 6C South. The government is directed to have the defendant present at this conference. Ordered by Judge John Gleeson on 1/6/2012. (Lee, Ilene)	Jan. 6, 2012	Jan. 6, 2012 PACER
17	Minute Entry for proceedings held before Judge John Gleeson: Case called. Defendant Agron Hasbajrami, in custody, appears with counsel Peter Quijano, Esq. AUSA Matthew Amatruda appears for the government. Albanian Interpreter Dominique Marini present. Status Conference as to Agron Hasbajrami held on 1/12/2012. Pursuant to the issues raised in the defendant's 12/27/2011 letter 16 to the Court about the dialect of the interpreter and his request for new counsel, the Court shall seek a new interpreter that can interpret in the "Tosk" dialect from Tirana, Albania for the next conference. The decision to appoint new counsel is reserved by the Court. The next Status Conference remains set for January 25, 2012 at 10:30 AM in courtroom 6C South before Judge John Gleeson. (Court Reporter Marsha Diamond.) (Lee, Ilene) (Entered: 01/12/2012)	Jan. 12, 2012	Jan. 12, 2012 PACER
	Attorney update in case as to Agron Hasbajrami. Attorney Nancy Lee Ennis terminated. (Lee, Tiffeny) Modified on 1/23/2012 (Lee, Tiffeny).	Jan. 19, 2012	Jan. 19, 2012 PACER
	SCHEDULING ORDER as to Agron Hasbajrami: Upon request by the parties, the status conference scheduled for January 25, 2012, at 10:30 AM, is adjourned until January 27, 2012, at 12:00 PM. Status Conference set for 1/27/2012 12:00 PM in Courtroom 6C South before Judge John Gleeson. Ordered by Judge John Gleeson on 1/19/2012. (Talbott, Rebecca)	Jan. 19, 2012	Jan. 19, 2012 PACER
	ORDER as to Agron Hasbajrami granting 16 Motion To Appoint Counsel. Steve Zissou is appointed as counsel for Agron Hasbajrami. Nancy Lee Ennis is relieved. The status conference scheduled for January 25, 2012, at 10:30 AM will proceed as scheduled. Ordered by Judge John Gleeson on 1/19/2012. (Talbott, Rebecca)	Jan. 19, 2012	Jan. 19, 2012 PACER
20	SUPERSEDING INDICTMENT (S-1) as to Agron Hasbajrami (1) count(s) 1s-4s. (Piper, Francine) (Entered: 01/30/2012) 0 View on RECAP	Jan. 26, 2012	Jan. 26, 2012 Clearinghouse
19	Letter re Supplemental Rule 16 Materials Produced as to Agron Hasbajrami (DuCharme, Seth) (Entered: 01/27/2012) 0 View on RECAP	Jan. 27, 2012	Jan. 27, 2012 PACER
18	Minute Entry for proceedings held before Judge John Gleeson: Case called. Defendant Agron Hasbajrami, in custody, appears with new counsel Steve Zissou, Esq. AUSA Seth D. DuCharme appears for the government. Albanian (Tosk) Interpreter Drinart Dema present. Status Conference as to Agron Hasbajrami held on 1/27/2012. The new interpreter needs additional time to go over the superseding indictment before interpreting. The arraignment is adjourned to February 2, 2012 at 11:00 AM in courtroom 6C South before Judge John Gleeson. In light of certain CIPA clearance issues and motions, the next Status Conference is set for March 7, 2012 at 11:00 AM in courtroom 6C South before Judge John Gleeson. The speedy trial time is excluded until the March conference date. (Court Reporter Fred Guerino.) (Lee, Ilene) (Entered: 01/27/2012)	Jan. 27, 2012	Jan. 27, 2012 PACER
	NOTICE OF Change in date for the 2/2/2012 Status Conference as to Agron Hasbajrami due to a scheduling conflict from defense counsel notified via e-mail. The new Status Conference date is now set for Wednesday, February 1, 2012 at 11:30 AM in courtroom 6C South before Judge John Gleeson. (Lee, Ilene)	Jan. 30, 2012	Jan. 30, 2012 PACER
21	Minute Entry for proceedings held before Judge John Gleeson:Arraignment as to Agron Hasbajrami (1) Count 1s-4s held on 2/1/2012, Plea entered by Agron Hasbajrami Not Guilty to counts 1s-4s. Steps are beginning in order to CIPA clear the interpreter. Parties are still in discovery and negotiations. ( Status Conference set for 3/7/2012 11:00 AM in Courtroom 6C South before Judge John Gleeson.) Order of Speedy Trial, Code XT, Start 2/1/12 - Stop 3/7/12. AUSA Matthew Amatruda and Seth DuCharme; Defense Counsel, Steve Zissou. (Court Reporter Tony Mancuso.) (Piper, Francine) (Entered: 02/01/2012) 0 View on RECAP	Feb. 1, 2012	Feb. 1, 2012 PACER
22	Letter re: Supplemental Rule 16 Discovery as to Agron Hasbajrami (Amatruda, Matthew) (Entered: 03/01/2012)	March 1, 2012	March 1, 2012 PACER
23	Letter re: Government's Request to Adjourn the Status Conference Currently Scheduled for March 7, 2012 as to Agron Hasbajrami (Amatruda, Matthew) (Entered: 03/02/2012) 0 View on RECAP	March 2, 2012	March 2, 2012 PACER
	SCHEDULING ORDER as to Agron Hasbajrami re 23 Letter requesting adjournment of March 7, 2012, status conference. The government's 23 request to adjourn the status conference currently set for March 7, 2012, is granted. The parties shall appear for a status conference on March 13, 2012, at 11:30am in Courtroom 6C South before Judge John Gleeson. Ordered by Judge John Gleeson on 3/5/2012. (Talbott, Rebecca)	March 5, 2012	March 5, 2012 PACER
	SCHEDULING ORDER as to Agron Hasbajrami: Per a request from defense counsel, the status conference scheduled for March 13, 2012, at 11:30am, is rescheduled for 3:30pm the same day. Status Conference set for 3/13/2012 03:30 PM in Courtroom 6C South before Judge John Gleeson. Ordered by Judge John Gleeson on 3/6/2012. (Talbott, Rebecca)	March 6, 2012	March 6, 2012 PACER
24	Letter re: Proposed Scheduling Order as to Agron Hasbajrami (Attachments: # 1 Proposed Order) (Amatruda, Matthew) (Entered: 03/12/2012) 1 Proposed Order View on PACER	March 12, 2012	March 12, 2012 PACER
25	Minute Entry for proceedings held before Judge John Gleeson: Case called. Defendant Agron Hasbajrami, in custody, appears with counsel Steve Zissou, Esq. AUSA Seth D. DuCharme and AUSA Matthew Amatruda appears for the government. Albanian (Tosk) Interpreter Drinart Dema present. Status Conference as to Agron Hasbajrami held on 3/13/2012. Discussions held regarding the parties' joint proposed motion and trial schedules. The Court directs the government to have all CIPA filings made by 5/22/12. A Jury Selection and Trial date is scheduled on July 16, 2012 at 9:30 AM in courtroom 6C South before Judge John Gleeson. The next Status Conference is set for March 30, 2012 at 11:30 AM in courtroom 6C South before Judge John Gleeson. The speedy trial time is excluded until the next conference. (Court Reporter Allan Sherman.) (Lee, Ilene) (Entered: 03/14/2012)	March 13, 2012	March 13, 2012 PACER
27	Protective Order Regarding Classified Information as to Agron Hasbajrami (1).(Ordered by Judge John Gleeson on 3/23/2012) (Piper, Francine) (Entered: 03/23/2012) 0 View on RECAP	March 23, 2012	March 23, 2012 PACER
26	MOTION for Protective Order Regarding Classified Information by USA as to Agron Hasbajrami. (Attachments: # 1 Exhibit) (DuCharme, Seth) (Entered: 03/23/2012) 1 Exhibit View on PACER	March 23, 2012	March 23, 2012 PACER
29	Letter re Discovery Materials Produced as to Agron Hasbajrami (DuCharme, Seth) (Entered: 03/27/2012)	March 27, 2012	March 27, 2012 PACER
28	Letter regarding Classified Discovery Produced as to Agron Hasbajrami (DuCharme, Seth) (Entered: 03/27/2012)	March 27, 2012	March 27, 2012 PACER
30	Letter Regarding Additional Discovery Produced as to Agron Hasbajrami (DuCharme, Seth) (Entered: 03/30/2012)	March 30, 2012	March 30, 2012 PACER
	Minute Entry for proceedings held before Judge John Gleeson: Case called. Defendant Agron Hasbajrami, in custody, appears with counsel Steve Zissou, Esq. AUSA Seth D. DuCharme and AUSA Matthew Amatruda appears for the government. Albanian (Tosk) Interpreter Drinart Dema present. Status Conference as to Agron Hasbajrami held on 3/30/2012. Further discussions held regarding discovery and motion schedules. The parties are encouraged to notify the Court of their jointly proposed motion schedules. The jury selection and trial date remains set for July 16, 2012 at 9:30 AM in courtroom 6C South before Judge John Gleeson. The speedy trial time is excluded until the trial date scheduled. (Court Reporter Anthony Frisolone.) (Lee, Ilene)	March 30, 2012	March 30, 2012 PACER
31	NOTICE OF ATTORNEY APPEARANCE: Michael K. Bachrach appearing for Agron Hasbajrami (Bachrach, Michael) (Entered: 04/02/2012)	April 2, 2012	April 2, 2012 PACER
	SCHEDULING ORDER as to Agron Hasbajrami as per telephone and electronic mail request from both counsel. A Conference is scheduled on Thursday, April 12, 2012 at 11:00 AM in courtroom 6C South before Judge John Gleeson. Ordered by Judge John Gleeson on 4/6/2012. (Lee, Ilene)	April 6, 2012	April 6, 2012 PACER
32	Minute Entry for proceedings held before Judge John Gleeson:Change of Plea Hearing as to Agron Hasbajrami held on 4/12/2012, Plea entered by Agron Hasbajrami (1) Guilty Count 2s. In light of the plea, the trial date scheduled for July 16, 2012 is canceled. The parties are to file a joint or separate submission regarding 6B1.2 by Sept 7, 2012. ( Sentencing set for 9/14/2012 02:00 PM in Courtroom 6C South before Judge John Gleeson.) AUSA Matthew Amatruda and Seth DuCharme. (Court Reporter Marie Foley.) (Piper, Francine) (Entered: 04/13/2012)	April 12, 2012	April 12, 2012 PACER
33	Letter re Discovery Produced as to Agron Hasbajrami (DuCharme, Seth) (Entered: 06/18/2012)	June 18, 2012	June 18, 2012 PACER
34	Letter dated 6/26/12 from Agron Hasbajrami to Judge Gleeson, enclosing articles regarding the "T-Word". (Attachments: # 1 Newspaper and Magazine Articles) (Piper, Francine) (Entered: 07/09/2012)	July 5, 2012	July 5, 2012 PACER
35	First MOTION for Extension of Time to File Submission regarding the Court's Acceptance of the Defendant's Guilty Plea, and for Brief Adjournment of Sentencing Date by USA as to Agron Hasbajrami. (DuCharme, Seth) (Entered: 08/30/2012)	Aug. 30, 2012	Aug. 30, 2012 PACER
	ORDER granting 35 Motion for Extension of Time to File as to Agron Hasbajrami (1). The 6B1.2 submission is now due by 10/8/2012 and accordingly, the sentencing date is now adjourned to October 19, 2012 at 2:00 PM in courtroom 6C South before Judge John Gleeson. Ordered by Judge John Gleeson on 9/6/2012. (Lee, Ilene)	Sept. 6, 2012	Sept. 6, 2012 PACER
	Set/Reset Sentencing as to Agron Hasbajrami. The new sentencing date is set for 10/19/2012 at 2:00 PM in Courtroom 6C South before Judge John Gleeson. (Lee, Ilene)	Sept. 6, 2012	Sept. 6, 2012 PACER
36	MOTION for Extension of Time to File Submission regarding the Court's Acceptance of the Defendant's Guilty Plea, and for Brief Adjournment of Sentencing Date by Agron Hasbajrami. (Bachrach, Michael) (Entered: 10/05/2012)	Oct. 5, 2012	Oct. 5, 2012 PACER
	ORDER granting 36 Motion for Extension of Time to File and Motion to adjourn the sentencing date as to Agron Hasbajrami (1). The joint 6B1.2 submission is now due by October 8, 2012 and the sentencing date is now set for November 16, 2012 at 3:30 PM in courtroom 6C South before Judge John Gleeson. Ordered by Judge John Gleeson on 10/10/2012. (Lee, Ilene)	Oct. 10, 2012	Oct. 10, 2012 PACER
	Set/Reset Sentencing as to Agron Hasbajrami: The new sentencing date is now set for November 16, 2012 at 3:30 PM in Courtroom 6C South before Judge John Gleeson. (Lee, Ilene)	Oct. 10, 2012	Oct. 10, 2012 PACER
	Notice: The sentencing date is now adjourned to Monday, November 19, 2012 at 2:00 PM as to Agron Hasbajrami due to a scheduling conflict from the government. The Sentencing is now reset for 11/19/2012 at 2:00 PM in Courtroom 6C South before Judge John Gleeson. (Lee, Ilene)	Oct. 10, 2012	Oct. 10, 2012 PACER
	NOTICE of date correction in the 10/10/12 order above as to Agron Hasbajrami: The joint 6B1.2 submission is due by November 8, 2012. (Lee, Ilene)	Oct. 11, 2012	Oct. 11, 2012 PACER
37	MOTION for Extension of Time to File sentencing-related submissions and for a similar adjournment of the defendant's sentencing hearing by Agron Hasbajrami. (Bachrach, Michael) (Entered: 11/05/2012)	Nov. 5, 2012	Nov. 5, 2012 PACER
	ORDER granting 37 Motion for Extension of Time to File Sentencing-Related Submissions and to Adjourn Sentencing as to Agron Hasbajrami. 6B1.2 submissions are now due by November 21, 2012. The sentencing date is adjourned to December 21, 2012 at 2:00 PM in courtroom 6C South before Judge John Gleeson. Ordered by Judge John Gleeson on 11/6/2012. (Kim, Scarlet)	Nov. 6, 2012	Nov. 6, 2012 PACER
40	SENTENCING MEMORANDUM by USA as to Agron Hasbajrami (DuCharme, Seth) (Entered: 11/21/2012)	Nov. 21, 2012	Nov. 21, 2012 PACER
39	SENTENCING MEMORANDUM by USA as to Agron Hasbajrami (DuCharme, Seth) (Entered: 11/21/2012)	Nov. 21, 2012	Nov. 21, 2012 Clearinghouse
38	SENTENCING MEMORANDUM by Agron Hasbajrami (Attachments: # 1 Exhibit A (USSC Article re Measuring Recidivism), # 2 Exhibit B (USSC Article re Recidivism and the First Offender), # 3 Exhibit C (JFA Article)) (Bachrach, Michael) (Entered: 11/21/2012) 1 Exhibit A (USSC Article re Measuring Recidivism) View on PACER 2 Exhibit B (USSC Article re Recidivism and the First Offender) View on PACER 3 Exhibit C (JFA Article) View on PACER	Nov. 21, 2012	Nov. 21, 2012 PACER
41	MOTION to Continue Sentencing due to unavailability of Tosk language interpreter by Agron Hasbajrami. (Bachrach, Michael) (Entered: 12/19/2012) 0 View on RECAP	Dec. 19, 2012	Dec. 19, 2012 PACER
	ORDER granting 41 Motion to Continue Sentencing as to Agron Hasbajrami (1). The new sentencing date is now set for January 8, 2013 at 2:00 PM in Courtroom 6C South before Judge John Gleeson. Ordered by Judge John Gleeson on 12/21/2012. (Lee, Ilene)	Dec. 21, 2012	Dec. 21, 2012 PACER
43	SENTENCING MEMORANDUM by Agron Hasbajrami (Attachments: # 1 Exhibit English translation of family letters, # 2 Exhibit 7/2/2012 letter from Rasim Hoxha (Defendant's uncle), # 3 Exhibit 7/6/2012 letter from Ahmet Hasbajrami and Meriban Hasbajrami (Defendant's parents)) (Bachrach, Michael) (Entered: 01/07/2013) 1 Exhibit English translation of family letters View on RECAP 2 Exhibit 7/2/2012 letter from Rasim Hoxha (Defendant's uncle) View on PACER 3 Exhibit 7/6/2012 letter from Ahmet Hasbajrami and Meriban Hasbajrami (Defendant& View on PACER	Jan. 7, 2013	Jan. 7, 2013 PACER
44	Minute Entry for proceedings held before Judge John Gleeson:Sentencing held on 1/8/2013 for Agron Hasbajrami (1), Count(s) 1, 1s, 3s-4s, Dismissed on Motion of the United States; Count(s) 2s, Receives 180 months imprisonment; No term of supervised release; $100 special assessment. (Court Reporter Mary Agnes Drury) (Lee, Tiffeny) (Entered: 01/16/2013)	Jan. 8, 2013	Jan. 8, 2013 PACER
45	JUDGMENT as to Agron Hasbajrami (1), Count(s) 1, 1s, 3s-4s, Dismissed on Motion of the United States; Count(s) 2s, Receives 180 months imprisonment; No term of supervised release; $100 special assessment. The court recommends incarceration at an FCI as close to the Northeast region as possible. Ordered by Judge John Gleeson on 1/15/2013. (Lee, Tiffeny) (Entered: 01/16/2013)	Jan. 16, 2013	Jan. 16, 2013 Clearinghouse
47	Letter from Agron Hasbajrami to Judge Gleeson, requesting the return of property. (Piper, Francine) (Entered: 02/27/2013) 0 View on RECAP	Feb. 26, 2013	Feb. 26, 2013 PACER
	The court has received Hasbajrami's 47 letter requesting the return of his property. The court directs the government and Hasbajrami's counsel to respond in writing (a joint response is permissible) with respect to the status of Hasbajrami's property by March 8, 2013. Ordered by Judge John Gleeson on 2/28/2013. (Kim, Scarlet)	Feb. 28, 2013	Feb. 28, 2013 PACER
48	Letter Regarding Return of Property as to Agron Hasbajrami (DuCharme, Seth) (Entered: 03/07/2013)	March 7, 2013	March 7, 2013 PACER
49	MOTION to Produce by Agron Hasbajrami. (Siegfried, Evan) (Entered: 04/18/2013)	April 18, 2013	April 18, 2013 PACER
	To the extent the requested documents are available and their disclosure is not otherwise prohibited by law, counsel is respectfully directed to provide them to Mr. Hasbajrami. Counsel is further directed to submit to the Court an inventory of the documents provided on or before May 13, 2013. Except to the extent set forth above, the motion is denied without prejudice to renewal if and when Mr. Hasbajrami formerly challenges his conviction and/or sentence. Ordered by Judge John Gleeson on 4/22/2013. (Kim, Scarlet)	April 22, 2013	April 22, 2013 PACER
50	Letter providing the Court with an inventory of material mailed to the defendant today, as per the Court's April 22, 2013 Order as to Agron Hasbajrami (Bachrach, Michael) (Entered: 04/26/2013)	April 26, 2013	April 26, 2013 PACER
51	Letter providing the Court with an updated inventory of material mailed to the defendant, as per the Court's April 22, 2013 Order as to Agron Hasbajrami (Bachrach, Michael) (Entered: 05/13/2013)	May 13, 2013	May 13, 2013 PACER
52	Letter dated 6/10/13 from Agron Hasbajrami to Judge Gleeson, requesting the return of property. (Attachments: # 1 Mailing Envelope) (Piper, Francine) (Entered: 06/18/2013)	June 17, 2013	June 17, 2013 PACER
	The court has received Hasbajrami's 52 letter regarding the status of his property. The court directs the government and Hasbajrami's counsel to respond in writing (a joint response is permissible) by June 28, 2013. Ordered by Judge John Gleeson on 6/19/2013. (Kim, Scarlet)	June 19, 2013	June 19, 2013 PACER
53	Letter re: Response to the Defendant's Request for Return of Property as to Agron Hasbajrami (Attachments: # 1 Exhibit) (Amatruda, Matthew) (Entered: 06/28/2013)	June 28, 2013	June 28, 2013 PACER
	ORDER granting the government's 53 letter request to obtain, review and return property seized form Hasbajrami's residence on September 6, 2011. The government shall, on or before July 26, 2013, provide the Court and Hasbajrami with a list of property returned and retained by the government. Ordered by Judge John Gleeson on 7/1/2013. (Kim, Scarlet)	July 1, 2013	July 1, 2013 PACER
54	Letter dated July 5 2013 from Agron Hasbajrami to Judge Gleeson, requesting access to discovery material. (Piper, Francine) (Entered: 07/16/2013) 0 View on RECAP	July 11, 2013	July 11, 2013 PACER
55	Letter regarding Return of Property as to Agron Hasbajrami (DuCharme, Seth) (Entered: 07/26/2013)	July 26, 2013	July 26, 2013 PACER
56	Letter dated July 13, 2013 from Agron Hasbajrami to Judge Gleeson, regarding discovery. (Attachments: # 1 Mailing Envelope) (Piper, Francine) (Entered: 07/31/2013) 1 Mailing Envelope View on PACER	July 30, 2013	July 30, 2013 PACER
57	Letter dated October 4, 2013 from Agron Hasbajrami to Judge Gleeson, requesting copies of sentencing hearing minutes, docket sheets, grand jury transcripts, criminal complaint and pages 288, 289, 290. (Piper, Francine) (Entered: 10/23/2013)	Oct. 23, 2013	Oct. 23, 2013 PACER
	ORDER as to Agron Hasbajrami re 57 Letter. The defendant was sentenced on January 8, 2013 on his plea of guilty to attempting to provide material support to terrorists. He has not filed a notice of appeal. I have received a letter dated October 4, 2013 from the defendant demanding certain discovery, including grand jury transcripts, the "criminal complain[t]" and other documents.The defendant's plea of guilty has extinguished his right to the discovery he seeks. A couple of the requested documents -- the docket sheet and the transcript of the sentencing proceeding -- are readily obtainable and ought in fairness to be provided to him, but I see neither an entitlement to the others or a justification for directing the government to provide them. Accordingly, the government is ordered to send a copy of the docket sheet and the sentencing transcript to Hasbajrami on or before November 1, 2013 and to file a letter confirming its compliance with that order by that date. Otherwise, the request for discovery is denied. Ordered by Judge John Gleeson on 10/23/2013. (Aronoff, Peter)	Oct. 23, 2013	Oct. 23, 2013 PACER
58	Letter regarding Status of Production of Materials as to Agron Hasbajrami (DuCharme, Seth) (Entered: 11/07/2013) 0 View on RECAP	Nov. 7, 2013	Nov. 7, 2013 PACER
	ORDER as to Agron Hasbajrami re 58 Letter. The government's request for an extension of time until November 12, 2013 to provide certain documents to Agron Hasbajrami is GRANTED. Ordered by Judge John Gleeson on 11/8/2013. (Aronoff, Peter)	Nov. 8, 2013	Nov. 8, 2013 PACER
59	Letter re Production of Sentencing Minutes as to Agron Hasbajrami (DuCharme, Seth) (Entered: 11/12/2013)	Nov. 12, 2013	Nov. 12, 2013 PACER
61	Letter re Attached Copy of Defendant's Motion to Vacate, Set Aside or Correct Sentence and Conviction as to Agron Hasbajrami (Attachments: # 1 Exhibit) (DuCharme, Seth) (Entered: 12/03/2013)	Dec. 3, 2013	Dec. 3, 2013 PACER
60	Letter dated November 20, 2013 from Agron Hasbajrami to Clerk's Office, requesting a response to the sentence vacation motion. (Piper, Francine) (Entered: 12/03/2013)	Dec. 3, 2013	Dec. 3, 2013 PACER
	ORDER as to Agron Hasbajrami. The Court has received Mr. Hasbajrami's November 20, 2013, letter, docketed as 60 . However, as evidenced by the docket sheet, the Court never received a copy of the motion to vacate sentence referred to in the letter. Without expressing any view on whether Mr. Hasbajrami did in fact submit the motion previously, the Court invites Mr. Hasbajrami to submit the motion again. However, he is reminded that federal law enforces time limits on motions to attack a conviction or sentence, so the Court encourages him to proceed expeditiously. Any dispute about timeliness will be resolved, if necessary, when the motion is made. A copy of this order, along with a copy of the docket sheet, will be mailed to Mr. Hasbajrami. Ordered by Judge John Gleeson on 12/3/2013. (Aronoff, Peter)	Dec. 3, 2013	Dec. 3, 2013 PACER
	ORDER as to Agron Hasbajrami. The Court has received Mr. Hasbajrami's November 20, 2013, letter, docketed as 60. However, as evidenced by the docket sheet, the Court never received a copy of the motion to vacate sentence referred to in the letter. Without expressing any view on whether Mr. Hasbajrami did in fact submit the motion previously, the Court invites Mr. Hasbajrami to submit the motion again. However, he is reminded that federal law enforces time limits on motions to attack a conviction or sentence, so the Court encourages him to proceed expeditiously. Any dispute about timeliness will be resolved, if necessary, when the motion is made. A copy of this order, along with a copy of the docket sheet, will be mailed to Mr. Hasbajrami. Ordered by Judge John Gleeson on 12/3/2013. (Aronoff, Peter)	Dec. 3, 2013	Dec. 3, 2013 PACER
	ORDER as to Agron Hasbajrami. In light of the government's submission of Mr. Hasbajrami's July application 61, the Court's 12/3/13 order directing Hasbajrami to refile any such application is moot. Instead, the Court will construe the attachment as a motion under 28 U.S.C. ยง 2255 and direct the Clerk to open a new civil case as a collateral attack on Hasbajrami's conviction or sentence. A copy of this Order and yesterday's now-moot order will be mailed together to Mr. Hasbajrami. Ordered by Judge John Gleeson on 12/4/2013. (Aronoff, Peter)	Dec. 4, 2013	Dec. 4, 2013 PACER
	ORDER as to Agron Hasbajrami. In light of the government's submission of Mr. Hasbajrami's July application 61, the Court's 12/3/13 order directing Hasbajrami to refile any such application is moot. Instead, the Court will construe the attachment as a motion under 28 U.S.C. § 2255 and direct the Clerk to open a new civil case as a collateral attack on Hasbajrami's conviction or sentence. A copy of this Order and yesterday's now-moot order will be mailed together to Mr. Hasbajrami. Ordered by Judge John Gleeson on 12/4/2013. (Aronoff, Peter)	Dec. 4, 2013	Dec. 4, 2013 PACER
63	Letter dated 12/6/13 to Clerk from Agron Hasbajrami requesting information as to fees paid to the listed CJA attorneys. (Fernandez, Erica) (Entered: 12/19/2013)	Dec. 9, 2013	Dec. 9, 2013 PACER
62	Letter dated 12/5/13 to Clerk from Agron Hasbajrami requesting information about his previously filed motion. (Fernandez, Erica) (Entered: 12/19/2013)	Dec. 9, 2013	Dec. 9, 2013 PACER
64	STATUS REPORT re: Defendant's Access to Video Materials by USA as to Agron Hasbajrami (Amatruda, Matthew) (Entered: 02/03/2014)	Feb. 3, 2014	Feb. 3, 2014 PACER
65	Letter re Supplemental Notification as to Agron Hasbajrami (DuCharme, Seth) (Entered: 02/24/2014) 0 View on RECAP	Feb. 24, 2014	Feb. 24, 2014 Clearinghouse
67	Letter re Status Report as to Agron Hasbajrami (DuCharme, Seth) (Entered: 02/25/2014)	Feb. 25, 2014	Feb. 25, 2014 PACER
66	Letter dated February 12, 2014 from Agron Hasbajrami to Judge Gleeson, requesting a copy of AUSA Ducharme's writing report due to be submitted to court by January 23, 2013. (Piper, Francine) (Entered: 02/25/2014) 0 View on RECAP	Feb. 25, 2014	Feb. 25, 2014 PACER
	ORDER as to Agron Hasbajrami re 66 Letter. Per Hasbajrami's request, the government is respectfully directed to provide Hasbajrami with a copy of the February 3, 2014 status report 64 filed on the criminal docket in this case (11-cr-623). Ordered by Judge John Gleeson on 2/25/2014. (Aronoff, Peter)	Feb. 25, 2014	Feb. 25, 2014 PACER
68	(Ex Parte) Letter dated March 6, 2014 from Michael Bachrach to Agron Hasbajrami, in regards to dft's counsel representation. (Attachments: # 1 Sealing Cover Sheet) (Piper, Francine) (Entered: 03/27/2014)	March 27, 2014	March 27, 2014 PACER
69	Letter updating the Court regarding supplemental FISA notice and other matters as to Agron Hasbajrami (Zissou, Steve) (Entered: 04/02/2014) 0 View on RECAP	April 2, 2014	April 2, 2014 PACER
	ORDER. The Court agrees with the suggestion in the letter 69 that the parties should file an update on the status of the case by April 9, 2014, including a proposed briefing schedule, if necessary. Ordered by Judge John Gleeson on 4/3/2014. (Aronoff, Peter)	April 3, 2014	April 3, 2014 PACER
70	Letter -- status update and joint proposed scheduling order as to Agron Hasbajrami (Bachrach, Michael) (Entered: 04/09/2014)	April 9, 2014	April 9, 2014 PACER
71	Letter request regarding funding of the defense as to Agron Hasbajrami (Zissou, Steve) (Entered: 04/10/2014)	April 10, 2014	April 10, 2014 PACER
72	Letter requesting discovery related to the Government's post-sentencing FISA notice as to Agron Hasbajrami (Bachrach, Michael) (Entered: 04/25/2014)	April 25, 2014	April 25, 2014 PACER