Letter to Judge Choudhury Re: United States v. Carmine G. Agnello, Criminal Docket No. 24-366(S-1) (NJC) (Dkt. 56, E.D.N.Y.)
Summary
In this August 10, 2026 letter, the U.S. Attorney's Office for the Eastern District of New York, through Assistant U.S. Attorney Charles P. Kelly, answers a defense letter of the same day in United States v. Carmine G. Agnello, Criminal Docket No. 24-366(S-1) (NJC). The defense letter asked Judge Nusrat J. Choudhury to adjourn the defendant's surrender date to September 18, 2026, which the government says is in contrast to the court's Order of August 6, 2026 and comes without any surgery even scheduled. The government argues the transplant surgery is not imminent, opposes the request and asks the court not to alter its standing order.
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Full text
U.S. Department of Justice
United States Attorney
Eastern District of New York
+
JLG:CPK 610 Federal Plaza
F. #2022R00347 Central Islip, New York 11722
August 10, 2026
By ECF
Honorable Nusrat J. Choudhury
United States District Court Judge
United States District Court
Eastern District of New York
1040 Federal Plaza
Central Islip, New York 11722
Re: United States v. Carmine G. Agnello
Criminal Docket No. 24-366(S-1) (NJC)
Dear Judge Choudhury:
The government respectfully submits this letter in response to the defendant’s
August 10, 2026 letter seeking, in contrast to this Court’s Order of August 6, 2026, to adjourn
defendant’s surrender date to September 18, 2026 without any surgery even scheduled. In fact,
the medical report attached to defendant’s letter and filed on ECF states that the recipient “has
had recurrent infections necessitating the cancellation of any potential transplant. A workup is
being performed to identify the etiology and the proper treatment for these infections.” Clearly,
the transplant surgery is not imminent. The government opposes this request and asks that the
Court not alter its standing Order of August 6, 2026 in this case.
Respectfully submitted,
JOSEPH NOCELLA JR.
United States Attorney
By: /s/ Charles P. Kelly
Charles P. Kelly
Assistant U.S. Attorney
(631) 715-7866
cc: Defense Counsel (via ECF)
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