Sentencing Memorandum (or Memoranda), Louis Eppolito and Stephen Caracappa
| Tracking # |
EOUSA-2021-002192 A-2021-01796 |
| Submitted | Feb. 6, 2021 |
| Est. Completion | None |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
The Sentencing Memorandum (or Memoranda) prepared by the US Attorney's Office for the Eastern District of New York in their case against Louis Eppolito and Stephen Caracappa (Case 1:05-cr-00192-JBW), or any record stating summarizing offense conduct (both charged and un-charged) for purposes of determining sentencing in the aforementioned case.
This request is occasioned by the lack of a docket entry for any Sentencing Memorandum for either defendant on the PACER dockets. I believe it is possible that in the extended post-trial litigation (between the years of 2006 and 2009) before final sentencing, it may have been omitted. However, I reason that the Criminal Division may hold these records.
Records may be located from the Criminal Division's Central Criminal Division Index File and Associated Records (System of Records number CRM-001)
Please note that both Mr. Caracappa and Mr. Eppolito are known to be deceased (please see PDF printouts of Bureau of Prisons Inmate Locator), and their privacy interests are greatly diminished. Release of the memorandum or memoranda concerning the offense conduct of Eppolito and Caracappa serves the public interest of understanding a landmark case of police corruption.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
T. McElwee
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Feb. 6, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Feb. 6, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: T. McElwee
To Whom It May Concern,
On February 6, 2021, I submitted the below request under the Freedom of Information Act (captioned "Sentencing Memorandum (or Memoranda), Louis Eppolito and Stephen Caracappa").
Despite my follow-up correspondence (sent 3/8/21 and 4/7/21), I have received no acknowledgement of my request and it has not been given a final determination nor have I been furnished an estimated completion date. I also lack any identifier information for my request (i.e., tracking number).
While I understand the limitations under COVID-19 related emergencies, I have waited in excess of twenty working days without receiving a substantive determination. I am therefore administratively appealing the constructive denial of my request, and asking for a determination that the agency must respond to my request, providing the documents or outlining reasons that they are exempt.
Best,
T. McElwee
From: Department of Justice, Criminal Division
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: Department of Justice, Criminal Division
Dear Mr McElwee:
Please see the attached, which is this Office's response to your request. If you have any questions, please contact the FOIA/PA Unit at 202 616-0307 for further assistance.
Thank you,
FOIA/PA Unit
Criminal Division
U.S. Department of Justice
From: Department of Justice, Criminal Division
The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2021-01796 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
From: Department of Justice, Criminal Division
Please see attached letter.
