Order, Appointment of Counsel, Sentencing — United States v. Quadri Salahuddin (Dkt. 216, S.D.N.Y.)

Summary

Order of Judge Nelson S. Román, Document 216, filed 05/24/24, in Case 7:21-cr-00681-NSR, 21 Cr. 681 (NSR) (02), concerning Quadri Salahuddin. It recounts that Salahuddin was indicted on November 9, 2021 on three counts, requested at a May 16, 2023 hearing to represent himself, and was convicted with co-defendants on all three counts at a trial that concluded on February 9, 2024. It states that at a hearing on May 23, 2024, the Court found that Salahuddin knowingly, intelligently, voluntarily, and unequivocally requested to revoke pro se status, and appoints Ezra Spilke as CJA counsel of record effective May 23, 2024. Sentencing is adjourned until December 13, 2024, and a post-trial motion is due on or before June 24, 2024.

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“Order, Appointment of Counsel, Sentencing — United States v. Quadri Salahuddin (Dkt. 216, S.D.N.Y.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-s-d-n-y-no-7-21-cr-00681-dkt-216-s-d-n-y-3ff3933b1d/, SHA-256 62aa7c00236b6cacffa173c6cf675f2ede288223e57bac573a384b7c94741210.

Full text

Case 7:21-cr-00681-NSR Document 216 Filed 05/24/24 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
5/24/2024
-----------------------------------------------------x

UNITED STATES OF AMERICA
ORDER
-against-
21 Cr. 681 (NSR) (02)
QUADRI SALAHUDDIN,

Defendant.
-----------------------------------------------------x

NELSON S. ROMÁN, U.S.D.J.:

On October 11, 2021, a three-count criminal complaint was filed against Quadri

Salahuddin (“Defendant”). (ECF No. 2). A CJA 23 Financial Affidavit was approved by

Magistrate Judge Andrew E. Krause on October 14, 2021. (ECF No. 11). The same day, Judge

Krause appointed Richard Willstatter to represent Defendant. (ECF No. 8). On November 9, 2021,

Defendant was indicted on three counts: (1) conspiracy to commit wire fraud in violation of 18

U.S.C. § 1349; (2) wire fraud in violation of 18 U.S.C. §§ 1343, 1342; and (3) aggravated identity

theft in violation of 18 U.S.C. §§ 1028A(a)(1), 2(a). (ECF No. 20).

On May 11, 2023, Counsel Willstatter submitted a letter indicating there had been a

breakdown in communications between himself and Defendant. (ECF No. 111). The following

day, the Court set a date for an in-person hearing to discuss the issues raised in Counsel

Willstatter’s letter. (ECF No. 112).

That hearing was held on May 16, 2023, wherein Defendant requested to represent himself.

(Minute Entry for proceedings held before Judge Nelson Stephen Román: Attorney Appointment

Hearing as to Quadri Salahuddin held on 5/16/2023). The Court then performed a Faretta inquiry

and found that Defendant: (1) understood the nature of the proceedings and was competent to stand
Case 7:21-cr-00681-NSR Document 216 Filed 05/24/24 Page 2 of 3

trial; (2) understood he has a right to an attorney throughout the proceedings; (3) had the mental

capacity to conduct trial proceedings by himself, put on his own defense at trial, and was competent

to waive his right to counsel; and (4) clearly and unequivocally made a knowing, intelligent,

voluntarily, and unequivocal request to proceed pro se. (Id.). Margaret Shalley was appointed as

standby counsel. (Id.)

The case proceeded to trial, which commenced on January 29, 2024 and concluded on

February 9, 2024 with Defendant and his co-defendants each convicted on all three counts. (Minute

Entry for proceedings held before Judge Nelson Stephen Roman: Jury Trial as to Jacob Carter,

Quadri Salahuddin, Anwar Salahuddin held on 2/9/2024. Jury trial held (continued and

concluded)). During trial, Counsel Yusef El Ashmawy and Sarah Speis also served as standby

counsel in addition to Counsel Shalley.

In a letter dated May 7, 2024, Defendant requested that his standby counsel be relieved and

further requested a different attorney be appointed as standby counsel. (ECF No. 207).

A hearing was held before this Court on May 23, 2024, during which the Court engaged in

a colloquy with Defendant during which Defendant indicated that, rather than have new standby

counsel appointed, he instead wished to revoke his pro se status and have new counsel appointed

to represent him. At that hearing, the Court found Defendant knowingly, intelligently, voluntarily,

and unequivocally requested that the Court revoke his pro se status and sought the appointment of

counsel to represent him in this matter.

Accordingly, the Court relieved Counsels Shalley, El Ashmawy, and Speis as standby

counsel. The Court was advised that Ezra Spilke has agreed to represent Defendant. As such, Ezra

Spilke is hereby appointed as CJA counsel of record for all purposes moving forward effective

2
Case 7:21-cr-00681-NSR Document 216 Filed 05/24/24 Page 3 of 3

May 23, 2024.

Counsel Shalley and, to the extent applicable, Counsel El Ashmawy and Speis, are directed

to turn over Defendant’s file to Counsel Spilke forthwith. Counsel Shalley is further directed to

mail a copy of this Order to Defendant and file proof of service on the docket.

Finally, as discussed at the hearing held May 23, 2024, sentencing is adjourned until

December 13, 2024 at 11 a.m. If Defendant wishes to submit a post-trial motion, counsel is directed

to do so on or before June 24, 2024. The Government is directed to oppose by July 15, 2024. A

reply, if any, shall be filed on or before July 30, 2024.

SO ORDERED.
Dated: White Plains, New York
May 24, 2024

NELSON S. ROMÁN,
UNITED STATES DISTRICT JUDGE

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