US judge Marrero defers sentencing of Akasha brothers

The Akasha brothers facing drug-trafficking charges in the US will be sentenced on March 15 and not February 1 as earlier scheduled, according to the federal judge presiding over the case.

The postponement means Baktash and Ibrahim Akasha will have been held in New York detention centres for more than two years when they finally learn their fate.

As part of a deal made in October with US prosecutors, each is facing a prison term that could range from 10 years to life.

The brothers agreed then to plead guilty to seven criminal charges, including bribing unnamed Kenyan officials.

CAREGIVER

The terms of the agreement also indicate that the Akashas may each be fined up to $10 million (Ksh1 billion) and be required to forfeit all the money obtained through their confessed drug dealings.

Judge Victor Marrero acceded last week to a request by defence attorneys for postponement of sentencing on the grounds that they needed more time to develop information to be presented as potentially mitigating factors.

Baktash's attorney George Goltzer told the court in a letter that his client "has an extensive family that includes multiple wives, children, nieces, nephews, cousins, aunts, uncles and his mother, for which he has provided support throughout his life".

Mr Goltzer further noted that because Baktash is a Kenyan, "additional efforts will be needed to obtain documents and information" germane to sentencing considerations.

SENTENCING

Judge Marrero has the authority to impose whatever sentence he deems fit for each of the brothers.

The terms agreed to in the October plea deal have an advisory status that the judge may well decide to accept.

US prosecutors said recently in a separate letter to the judge that they would not oppose the defendants' request for a postponement of sentencing.

But they added that they would likely oppose any move to further delay the sentencing.

INTERROGATION

As part of US court procedures, defendants who have pleaded guilty to or been convicted of federal offences are interviewed by a government probation officer to gather information concerning the individuals' family histories, education background, history of substance abuse and financial status, as well as their physical, mental and emotional health.

Some of that information, in the case of the Akashas, is being acquired from family members and documents located in Kenya.

The probation department interviews with the Akasha brothers took place in mid-December.

And US prosecutors noted recently that the probation department's report on its findings will not be completed until sometime in February.