Letter to Judge Choudhury Re: United States v. Carmine G. Agnello, No. 2:24-cr-00366-NJC-1 (Dkt. 28, E.D.N.Y.)
Summary
Steven A. Metcalf II of Metcalf & Metcalf, P.C., attorney for Carmine G. Agnello, writes to Judge Nusrat J. Choudhury on March 12, 2026 in No. 2:24-cr-00366-NJC-1, asking under seal for an emergency extension of the sentencing date and noting the request comes 24 hours before the scheduled sentencing. The letter says Metcalf learned on March 11, 2026 of medical matters: the hospital moved Agnello's pre-op testing to March 12, 2026, a transplant surgery involving at least three surgeons is scheduled for March 30, 2026, and Agnello must be cleared within about two weeks or the procedure is jeopardized. It says AUSA Kelly did not oppose a short extension. Citing United States v. Amodeo, the letter asks that the request be sealed because of its medical nature, and proposes the week of April 13th or thereafter.
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STEVEN A. METCALF II, ESQ., Founding Partner***
NANETTE IDA METCALF, ESQ., Founder and Managing Attorney**
CHRISTOPHER DARDEN, ESQ., Special Counsel*
*State of California Only
**Licensed in New York and California
***Licensed in New York, SDNY, EDNY, WDNY, EDMI, DCDC,
Second Circuit Court of Appeals and Court of Appeals for District of Columbia
March 12, 2026
(REQUEST TO BE UNDER SEAL)
VIA ELECTRONIC MAIL
The Honorable Nusrat J. Choudhury
United States District Court Judge
Eastern District of New York
100 Federal Plaza
Central Islip, NY 11722
Re: United States v. Carmine G. Agnello, No. 2:24-cr-00366-NJC-1
Dear Judge Choudhury:
I make this request for leave to file an extension for sentencing based on recently obtained medical
information I received about Mr. Agnello.
I know this request is now made at the final hours with only 24 hours prior to the current sentencing
date being scheduled, and respectfully ask this Honorable Court to make an exception and consider
this as an emergency request. To quickly explain the instant request and reasons why the request
was made after hours, I have to disclose not only medical concerns of Mr. Agnello
.
With regard to sealing, AUSA Kelly did not oppose and under these circumstance and spoke to me
1 Metcalf & Metcalf, P.C.
about making such request in this manner.
This week, I also never anticipated or
intended for any issues to occur pertaining to my filing the Sentencing memo under seal. So, I
apologize for any issue I caused with my filings prior to yesterday. Also during this time, yesterday
on March 11, 2026, I just learned of a few medical matters concerning Mr. Agnello that I am
concerned about, and believe can easily be alleviated if sentencing is extended for a short period.
First, the hospital where the transplant is scheduled just moved Mr. Agnello’s pre–op testing to
today, March 12, 2026. Historically, all important testing has carried over to the following day.
Second, there have been testing that has been held back, but is now immediately needed because
the surgery has been scheduled amongst at least three surgeons to take place on March 30, 2026.
Page
Metcalf & Metcalf, P.C.
99 Park Avenue, Suite 810
New York, NY 10016
646.253.0514 (Phone)
646.219.2012 (Fax)
Third, Mr. Agnello is still in a status to be “cleared” for the surgery. The primary concern now is
that if Mr. Agnello is not “cleared” immediately, then he will not obtain the “clearance” for this
transplant; and thus, the entire procedure will be jeopardized if Mr. Agnello is not approved within
this new time frame – basically the next two weeks. Fourth, it is my understanding that Mr. Agnello
does have adverse reactions after being tested, and has become ill after being administered
angiogram (dye used with x-rays) for a few days.
Upon learning of these recent changes - I contacted AUSA Kelly about my concerns regarding the
pre-op testing being changed, its overlap into Friday (which now includes further testing and
Agnello feeling ill), and “clearance” at risk - where AUSA Kelly did not oppose a short extension
of the sentencing date. I began considering how to present such to the Court, and it was already
after hours.
In determining the weight of the "presumption of access" and "balance competing considerations
against it", I ask that this request be made under seal because of the medical nature and such request
dealing with scheduling. United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995). Based on the
Court’s schedule, and the surgery being scheduled for March 30, 2026 – I respectfully request that
this matter be extended to the week of April 13th or thereafter. Specifically, I request either April
14th, 15th, 16th, 17th 20th, 21st, 22nd of 2026 or any date thereafter that is convenient for the
government and the Court.
Again, I apologize for any mistakes and inconveniences sending and filing my sentencing
documents to any of the parties may have caused. Also, I thank you in advance for your
consideration of this request and any courtesy that can be extended under these circumstances.
Very truly yours,
/s/ Steven A. Metcalf II
____________________________
Steven A. Metcalf II, Esq.
Attorney for Carmine G. Agnello
2 Metcalf & Metcalf, P.C.
Cc: AUSA Charles Kelly (Charles.Kelly@usdoj.gov)
Page
Metcalf & Metcalf, P.C.
99 Park Avenue, Suite 810
New York, NY 10016
646.253.0514 (Phone)
646.219.2012 (Fax)
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