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Judge Delays Carmine Agnello Sentencing, Clearing Path for March 30 Kidney Transplant

The court reset the hearing to mid‑April after filings said he is the only compatible family donor for his mother.

Overview

  • Court records show Judge Nusrat J. Choudhury moved sentencing to windows of April 14–17 or April 20–22 to allow pre‑operative clearance and a planned March 30 surgery.
  • Defense filings say pre‑op testing began this week and that the transplant is scheduled with three surgeons, warning the procedure could be jeopardized without immediate clearance.
  • Agnello pleaded guilty in September 2024 to wire fraud tied to Small Business Administration EIDL loans totaling about $1.1 million, with prosecutors saying roughly $420,000 went into cryptocurrency and other personal use.
  • Prosecutors seek roughly 33–41 months in prison and about $1.25 million in restitution, argue kidney‑donor status should not affect the sentence, and say the Bureau of Prisons can handle medical needs, though they did not oppose a short delay.
  • The defense asks for probation, calling incarceration a barrier to the transplant and unsafe for post‑op care, and cites filings stating Victoria Gotti faces end‑stage renal disease and that Agnello is the family’s only compatible donor; she has personally urged leniency and said she would decline the kidney if her son had to recover in prison.