Muraca v. United States of America

Filing 15

ORDER: Accordingly, the CJA attorney assigned to receive cases on this day, Valerie Gotlib, is hereby ordered to assume representation of Mr. Muraca in the above captioned matter. Ms. Gotlib shall confer with Mr. Epstein, Ms. Sacks, and the Governm ent, and shall file a joint status letter within two weeks proposing dates for the evidentiary hearing. The letter shall also address the proposed substantive scope of the hearing, as well as whether Mr. Muraca, Mr. Epstein, Ms. Sacks, or the Govern ment seeks to file any supplemental materials to the Court. Ms. Gotlib shall also reach out to Mr. Muraca to discuss this matter and provide him with a copy of this Order. SO ORDERED. Attorney Valerie Alice Gotlib for Patrick Muraca added. (Signed by Judge Ronnie Abrams on 2/5/2024) (mml) Modified on 2/5/2024 (mml).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

PATRICK MURACA,
Petitioner,

No. 17-CR-739 (RA)
NO. 21-CV-6003 (RA)

v.
ORDER
UNITED STATES OF AMERICA,
Respondent.

RONNIE ABRAMS, United States District Judge:
Petitioner Patrick Muraca, proceeding pro se, moves to vacate, set aside, or correct his
sentence pursuant to 28 U.S.C. § 2255. Mr. Muraca claims in part that he was denied the effective
assistance of counsel because his trial counsel, Bennett Epstein and Sarah Sacks, “would not
allow” Mr. Muraca to testify at trial and that Mr. Epstein threatened to quit as his attorney shortly
before trial if Mr. Muraca insisted on doing so. Dkt. No. 129 at 21-23. Mr. Muraca alleges that
he chose not to testify because he “was afraid that [Mr. Esptein] would actually quit [which] would
have been a disaster.” Id.; see Dkt. No. 133 at 28-29.
On January 19, 2024, after receiving sworn affidavits from both Mr. Muraca and Mr.
Epstein, the Court found that an evidentiary hearing was warranted. Dkt. No. 142. Although Mr.
Epstein asserted that he “never threatened to quit the case at any point” and that “the issue of [Mr.
Muraca] testifying was never foreclosed in any way,” Dkt. No. 140, Mr. Muraca still insisted that
Mr. Epstein told him that “you will not testify” and “if you don’t trust me anymore, you can find
yourself a new attorney to represent you,” Dkt. No. 141 at 12-13.
On February 1, 2024, the Court received a letter from Mr. Muraca requesting that the Court
appoint a new CJA attorney to represent him at the evidentiary hearing. Dkt. No. 143.

Accordingly, the CJA attorney assigned to receive cases on this day, Valerie Gotlib, is
hereby ordered to assume representation of Mr. Muraca in the above captioned matter.
Ms. Gotlib shall confer with Mr. Epstein, Ms. Sacks, and the Government, and shall file a
joint status letter within two weeks proposing dates for the evidentiary hearing. The letter shall
also address the proposed substantive scope of the hearing, as well as whether Mr. Muraca, Mr.
Epstein, Ms. Sacks, or the Government seeks to file any supplemental materials to the Court.
Ms. Gotlib shall also reach out to Mr. Muraca to discuss this matter and provide him with
a copy of this Order.
SO ORDERED.
Dated:

February 5, 2024
New York, New York
Hon. Ronnie Abrams
United States District Judge

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