Letter re: United States v. Carmine G. Agnello — No. 2:24-cr-00366 (Dkt. 55, E.D.N.Y.)

Summary

Defense lawyer Robert V. Beltrani writes to U.S. District Judge Nusrat J. Choudhury of the Eastern District of New York in United States v. Carmine G. Agnello, 24-CR-366 (NJC), asking the court to schedule September 18, 2026 as Mr. Agnello's surrender date so that Mr. Agnello can remain available as a living kidney donor for his mother, Ms. Gotti. The letter says Ms. Gotti is being treated for infection(s) and attaches a note from Dr. Rucker of Catholic Health saying the medical team will "proceed accordingly." It argues that surrendering earlier would essentially disqualify Mr. Agnello as a donor. The letter says Mr. Agnello is not asking for time beyond September 18 or to be excused from surrendering, and will surrender on that date if the transplant cannot proceed first.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

Text recognized from a scanned document; may contain errors.

LAW OFFICES OF

ROBERT BELTRANI & ASSOCIATES P.C.
220 Mineola Blvd, Mineola, New York 11501
Ph: (516) 741-2405
Email rvbeltranilaw@gmail.com

August 4", 2026

Honorable Nusrat J. Choudhury
United States District Judge
United States District Court
Eastern District of New York
100 Federal Plaza

Central Islip, New York 11722

Re: United States v. Carmine G. Agnello, 24-CR-366 (NJC)

I am writing to apprise the court of additional information we received from Dr Steve W
Ruckerof Catholic Health’s Nephrology and Internal Medicine department to provide a further
update on the status of kidney transplantation procedure.

As the Court and the People are aware, Ms. Gotti is currently being treated for infection(s). Her
medical team is treating her condition before determining when she can safely proceed with the
transplant.

Attached for the Court’s consideration is a note from Dr. Rucker confirming that Ms. Gotti’s
infection is currently being treated and that the medical team will “proceed accordingly.”

It is undisputed that Carmine is a great match for Ms. Gotti (see prior medical records submitted
to this Court). His ability to serve as her donor is imperative to the transplant team’s determination
on a surgery date.

Further, if Carmine is required to surrender later today (Monday, August 10) he will essentially be
disqualified as an option to serve as his mother’s living donor at the very time that his mother’s
medical team is working to determine when she can safely proceed with transplant.

We are not asking the Court to give Carmine additional time beyond September 18. We are not
asking that he be excused from surrendering. We are simply asking that he be permitted to remain
available until the surrender date that is already in place.

If Ms. Gotti is cleared for transplant before September 18, Carmine will be available to undergo
the additional pre-op testing, evaluation, preparation, or other requirements the transplant team
determines are necessary. If, for medical reasons, the transplant cannot proceed before September
18, Carmine will surrender as ordered on that date.

The timing here is particularly important because neither Carmine nor his mother can control when
she will be medically cleared for transplant. Her current infection(s) have already delayed the
process. Both Ms. Gotti and Mr. Agnello’s doctors are collaboratively working on a new date to

“proceed accordingly” once her infection is cleared, which we hope to be cleared in the next week
or two.

Carmine understands his obligation to surrender on September 18 and is not seeking to avoid that
obligation. He is simply asking the Court to allow him to remain available to his mother during
this very limited period while her doctors determine whether and when she can proceed with
transplant.

This is an unusual and deeply personal circumstance. Carmine is not asking the Court to interfere
with his sentence or to provide him with special treatment.

In these circumstances, we respectfully ask that the Court schedule September 18, 2026 as Mr.
Agnello’s surrender date and allow him to remain available as his mother’s living donor until that

time.

Thank you for the Court’s time and consideration.
Respectfully submitted,

/s/ Robert Beltrani

ROBERT BELTRANI & ASSOCIATES, P.C.

By: /s/ Robert V Beltrani

Robert V. Beltrani

220 Mineola Boulevard

Mineola, New York 11501

(516) 741-2405

rvbeltranilaw@gmail.com

Attorney for Defendant Carmine G. Agnello
For the Limited Purpose Set Forth Herein

cc: Counsel for the Government (via ECF)

File and source

File

gov.uscourts.nyed.520646.55.0.pdf

Size

639,798 bytes

SHA-256

3888b23a0fc85b7bdd82e440657f5d519c7b9eb39ef85ebff175605e29a06ad8

Our copy

gov.uscourts.nyed.520646.55.0.pdf

Original

archive.org