Decision and Order — United States v. Adam D. Arena (W.D.N.Y., Dkt. 54, March 15, 2022)

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A Decision and Order filed March 15, 2022, as Document 54 in United States of America v. Adam D. Arena, 21-CR-168S, in the U.S. District Court for the Western District of New York. The Court addresses the defendant's unopposed motion (Docket No. 53) to lift the Western District of New York detainer so that the defendant can begin serving a federal sentence of 48 months' imprisonment imposed in the District of New Jersey on April 7, 2021 and receive treatment for a serious medical condition. It recounts a November 17, 2021 guilty plea to a two-count felony information under 18 U.S.C. § 1349 and 18 U.S.C. § 1957. The motion is GRANTED, the Marshals Service is directed to lift the detainer, and the order is signed s/William M. Skretny.

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        Case 1:21-cr-00168-WMS Document 54 Filed 03/15/22 Page 1 of 3




UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

       v.                                                       DECISION AND ORDER
                                                                    21-CR-168S
ADAM D. ARENA,

                     Defendant.


       Presently before this Court is Defendant Adam D. Arena’s unopposed motion to

lift the Western District of New York detainer placed on him. See Docket No. 53. This

relief is requested in an effort to facilitate Arena’s designation to a United States Bureau

of Prisons facility to begin serving a previously imposed federal sentence so that he can

receive necessary treatment for a serious medical condition, which treatment is

unavailable at his current detention facility. Some background is in order.

       Nearly one year ago, on April 7, 2021, a federal district judge in the United States

District Court for the District of New Jersey sentenced Arena to 48 months’ imprisonment

after Arena previously pleaded guilty to bank fraud and conspiracy to commit bank fraud.

After imposition of that sentence, but before Arena self-surrendered to the United States

Bureau of Prisons, Arena developed extensive occlusive left renal vein thrombosis and

was diagnosed with eight blood clots in his left kidney. See Affirmation of MaryBeth

Covert (“Covert Aff.”), Docket No. 53, ¶ 2. This development delayed Arena’s self-

surrender date as the Bureau of Prisons worked to designate an appropriate facility that

could address Arena’s medical needs. See id.

       In the meantime, and before self-surrender in New Jersey, Arena was charged by

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        Case 1:21-cr-00168-WMS Document 54 Filed 03/15/22 Page 2 of 3




criminal complaint in this district and remanded into custody. See Docket No. 5. The

District of New Jersey then lodged a detainer and the district judge there entered an order

remanding Arena to immediately begin serving his sentence. See Covert Aff., ¶¶ 3, 5.

       On November 17, 2021, Arena appeared before this Court, waived indictment, and

pleaded guilty to a two-count felony information charging him with conspiracy to commit

bank fraud, in violation of 18 U.S.C. § 1349, and engaging in a monetary transaction with

criminally derived proceeds, in violation of 18 U.S.C. § 1957. See Docket Nos. 34-37.

Sentencing is currently scheduled for April 13, 2022. See Docket No. 52.

       Arena has been held in the Northeast Ohio Correctional Center based on the

Western District of New York detainer since he was remanded into custody here, and it

is represented that the Bureau of Prisons will not designate him for service of his District

of New Jersey sentence until the proceedings here are concluded. But in recent weeks,

Arena has developed a marked increase in symptoms suggestive of end-stage renal

failure and has been advised by a nurse at Northeast Ohio Correctional Center that his

deteriorating condition requires more care than the facility is equipped to provide. See

Covert Affirm., ¶¶ 7, 8. The government concurs in both the representation that Arena’s

health condition is precarious and that Northeast Ohio Correctional Center is not

equipped to provide necessary treatment.

       With the ultimate goal of having Arena immediately transferred to a federal facility

that can provide the medical care that he needs, the parties jointly request that this Court

lift the Western District of New York detainer and recommend to the Bureau of Prisons

that it designate Arena to a suitable federal facility to begin serving his District of New

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Jersey sentence. With respect for the District of New Jersey sentence, and with no

intention to interfere with its execution, this Court finds that the exigency of the

circumstances warrant the relief requested in order to place Arena in the best position to

receive the medical care that he now appears to desperately need. Defendant’s motion

will therefore be granted, with this Court confident that the Bureau of Prisons will favorably

exercise its discretion consistent with the goal of this decision.



       IT HEREBY IS ORDERED, that Defendant’s Motion to Lift the Detainer (Docket

No. 53) is GRANTED, consistent with the foregoing decision.

       FURTHER, that the United States Marshals Service is directed to LIFT the

Western District of New York detainer on the defendant.

       FURTHER, that it is RECOMMENDED that the United States Bureau of Prisons

designate the defendant as soon as possible to an appropriate federal facility that can

accommodate his medical needs to begin serving his District of New Jersey sentence.

       SO ORDERED.



Date: March 15, 2022
      Buffalo, NY


                                                         s/William M. Skretny
                                                        WILLIAM M. SKRETNY
                                                       United States District Judge




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