Letter to Judge Choudhury Re: United States v. Carmine G. Agnello, 24-CR-366 (NJC) (Dkt. 52, E.D.N.Y.)
Summary
In a July 2026 letter, defense counsel for Carmine G. Agnello asked U.S. District Judge Nusrat J. Choudhury (E.D.N.Y., 24-CR-366 (NJC)) to defer Agnello's self-surrender date for sixty days, from July 20, 2026 to September 18, 2026. The letter, submitted under seal, says a non-party family member's condition has worsened to Stage 4 chronic kidney disease and that a transplant institute has scheduled Agnello for a living donor nephrectomy, a transplant the letter says has become medically urgent. Counsel acknowledges that an earlier request tied to an anticipated transplant proved premature and says the medical circumstances have now materially changed. The letter states that the request is not an effort to revisit the sentence imposed.
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LAW OFFICES OF
ROBERT BELTRAN! & ASSOCIATES P.C.
220 Mineola Blvd, Mineola, New York 11501
Ph: (516) 741-2405
Email rvbeltranilaw@gmail.com
DOCUMENT NO 48
July 10th , 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)
Dear Judge Choudhury:
I represent defendant Carmine G. Agnello for the limited purpose of respectfully seeking a brief
deferment of his self-surrender date, which is presently set for July 20, 2026. This submission is
made under seal because it refers to the serious medical condition of a non-party family member
and to supporting medical documentation submitted contemporaneously herewith.
Counsel does not make this application lightly. The Court previously received a request tied to an
anticipated transplant procedure that did not ultimately proceed on the timetable then presented.
In candor, that earlier request proved premature. I fully appreciate that this history may fairly cause
the Court to view any renewed application with caution, and for that reason this request is made
narrowly, soberly, and only because the medical circumstances have now materially changed.
Upon information and belief this Court has indicated it would be open to evaluating this matter
again if exigent circumstances warranted same. Based on current medical information submitted
under seal, Mr. Agnello's family member's condition has taken a serious turn for the worse, and
the contemplated transplant procedure has become medically urgent prompting a scheduling of
surgery for the week of August 3'd, 2026. Her latest labs reflect an eGFR of 17 mL/min and a
creatinine level of 3.0 mg/dL which are indicative of Stage 4 chronic kidney disease (CKD)
representing severe kidney damage requiring urgent medical attention. As such a leading area
transplant institute has scheduled Mr. Agnello for a living donor nephrectomy on Monday August
3cd, 2026.
Mr. Agnello remains prepared to proceed as a donor when he is medically cleared by the treating
physicians, and the family is now attempting to coordinate the surgery on an expedited basis.
Accordingly, Mr. Agnello respectfully requests that the Court defer his self-surrender date for sixty
(60) days, from July 20, 2026, to September 18, 2026. As noted, the surgery is anticipated to occur
on August 3'd, 2026. This is not an effort to revisit the sentence imposed by the Court , nor is it a
request for an open-ended delay. It is instead a limited plea for a short period of time so that this
now-urgent medical procedure may occur and so that Mr. Agnello may recover sufficiently to
surrender safely and in an orderly manner.
To address any legitimate concern about reliability, Mr. Agnello is prepared to remain subject to
all presently existing conditions of release during the requested adjournment. If the Court deems
it appropriate, he is also willing to accept additional conditions, including home detention,
electronic monitoring, and travel restricted strictly to medical appointments, treatment, and
conferences with counsel.
I recognize that mercy is never owed and that credibility, once diminished, must be restored by
restraint and candor. That is why this application is based on present medical necessity supported
by current documentation, rather than on anticipated schedules or contingent plans. If the Court is
inclined to grant the requested relief, Mr. Agnello will promptly provide a sealed status update by
August 28, 2026, or on such other date as the Court may direct.
Thank you for the Court’s time and consideration.
Respectfully submitted,
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)
11:35
Messages
LTE
NYU Langone Health
Nicole Ali, MD
NYU LANGONE TRANSPLANT ASSOCIATES
403 East 34th Street, Third Floor, New York NY 10016
Phone 212-263-8134
Fax 212-263-8157
July 8, 2026
To Whom It May Concern,
Please be advised that our patient, Victoria Gotti, is schedul[illegible]
for a living donor kidney transplant on Monday, August 3,
2026. Victoria will require a minimum of 3 months of recove[illegible]
after her transplant however this will be reassessed post
transplant.
Sincerely,
[signature]
Joan Kelly, RN, CCTC
RE: Gotti, Victoria -- 12180777
Page 1 of 1
mychart.nyulmc.org — Private
Desk
12:38
5G
Victoria Gotti
BUN
Normal range: 8 - 23 mg/dL
46 High
8 23
CREATININE
Normal range: 0.51 - 1.15 mg/dL
2.96 High
GFR CALCULATION (CKD-EPI)
Normal value: >59 mL/min/1.73m2
Value 17 Low
Sodium
Normal range: 135 - 148 mmol/L
137
135 148
Potassium
Latest. And worst labs.
EGFR 17(15 medical
emergency). Creatinine.
3.0. Stage 4 failure.
RCS messa...
NYU Langone Health
July 10, 2026
To Whom It May Concern:
Carmine Agnello is scheduled for a living
donor nephrectomy at NYU Langone
Health on Monday, August 3, 2026. The
standard hospital admission for this
surgery is 2 days. During his recovery, Mr.
Agnello will require a flexible schedule
that allows for rest as needed. He should
avoid any activities that involve bending,
twisting, and/or prolonged standing or
sitting upright for 2-4 weeks after surgery,
and should avoid lifting over 15 pounds
for 6-8 weeks after surgery.
Thank you,
Living Donor Team
NYU LANGONE TRANSPLANT INSTITUTE
317 EAST 34TH STREET
8TH FLOOR
NEW YORK NY 10016-4910
Phone: 212-263-3621
Fax: 212-263-1115
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