LAW OFFICE OF ANTHONY CECUTTI 217 Broadway, Suite 7O7 New York, New York 1OOO7 Phone: Cell: Fax: anthonycecutti®ginail.com December 20, 2020 BY ECF The Honorable Paul A. Engelmayer United States District Court Judge Southern District of New York 500 Pearl Street New York, New York 10007 Re: United States v. Justin Rivera; 19 Cr. 131 (PAE) Dear Judge Engelmayer: We write in advance of tomorrow's conference to further update the Court regarding Justin Rivera's access to discovery at the Metropolitan Correctional Center ("MCC") and his access to counsel. i. Mr. Rivera's Access to His Laptop As we previously indicated, Mr. Rivera received his laptop on Tuesday, December 8, 2020, while in the Special Housing Unit ("SHU"). In the SHU, he was given his laptop each day for a minimum of 3 hours, in his cell, which he shared with another inmate. On Friday, December II, 2020, Mr. Rivera was transferred to a unit. There, he requested access to the laptop and was informed by staff that they were unaware of Your Honor's Order. As such, Mr. Rivera was denied access to his laptop from December 11, 2020 until December 14, 2020. In response to MCC's non-compliance, Your Honor ordered that general counsel, Nicole McFarland file a daily letter with the Court regarding Mr. Rivera's access to his laptop. Upon review of such letters, it is correct that Mr. Rivera did not agree to go to the law library to review discovery on his laptop on December 17'h and 18'h. He did not do so because of increasing health and safety and privacy concerns, which he expressed to staff throughout the week. On Monday, December 14, 2020, following the conference, he was told for the first time that he would not have access to the laptop in his cell, but rather in the law library. He was given odd looks from staff, who conveyed their disagreement with Mr. Rivera. One staff member told him he was "enemy #1" and that staff are "on" him EFTA00016118