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01-23-2008, 07:59 AM
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EZ Investments LLC has John Lebron of 3006 River Grove Drive Tampa Florida, a felon on probation in public records
Defendant John Le Bron at 3006 River Grove Drive, Tampa, Florida CONTROLLED
SUBSTANCE - POSSESSION FELONY Count One for a violation of 21 U.S.C. § 841(a)(1): that the defendant knowingly and willfully possessed gamma-hydroxybutyric acid, also known as "GHB," as charged; and Second: that the defendant possessed the substance with the intent to distribute it. PUBLIC RECORD EXCERPTS Florida Limited Liability Company from Florida state web site EZ INVESTMENTS, LLC Principal Address 3006 RIVER GROVE DRIVE TAMPA FL 33610 Mailing Address 3006 RIVER GROVE DRIVE TAMPA FL 33610 Registered Agent Name & Address LEBRON, JOHN 3006 RIVER GROVE DRIVE TAMPA FL 33610 Manager/Member Detail Name & Address Title MGR PATRICIA KUMER 2604 AUBURN AVE. TAMPA FL 33614 Title MGR LEBRON, JOHN 3006 RIVER GROVE DRIVE TAMPA FL 33610 **************************** 01/18/2006 39 ACCEPTANCE OF PLEA of guilty and adjudication of guilt re: count(s) one of the Indictment as to John Lebron. 06/02/2006 59 JUDGMENT as to John Lebron (1), Count(s) 1, Probation: 60 Months; Fine: Waived; Special Assessment: $100. Signed by Judge on 6/2/2006. (cl-m) (Entered: 06/02/2006) 06/01/2006 53 MEMORANDUM in support by John Lebron re 52 Memorandum in support amended memorandum of law in support of objections and requests for mitigation excerpts - b. The Defendant is a drug addict who delivered small quantities at the street level. The Defendant has finally admitted that he has a substance abuse problem and has sought out professional help to assist his recovery to avoid substance abuse in the future. 1.) The Defendant began smoking marijuana on a weekly basis at age 16. He began drinking to excess at age 18 during his college years. He began abusing cocaine, vicodin, and ecstasy at age 18. 2.) The Defendant was a street level GHB dealer who sold twice to supplement his own growing cocaine, alcohol, ecstasy, and vicodin and marijuana addictions. d. The Defendant has suffered from mental health issues. He has treated and prescribed Alprazolam for anxiety attacks. #################### U.S. District Court Middle District of Florida (Tampa) CRIMINAL DOCKET FOR CASE #: 8:05-cr-00075-EAK-EAJ All Defendants Case title: USA v. Lebron Date Filed: 02/23/2005 Date Terminated: 06/02/2006 Assigned to: Judge Referred to: Magistrate Judge Defendant (1) John Lebron LEAD ATTORNEY Designation: CJA Appointment Pending Counts Disposition CONTROLLED SUBSTANCE - POSSESSION (1) Probation: 60 Months; Fine: Waived; Special Assessment: $100 Highest Offense Level (Opening) Felony Terminated Counts Disposition None Highest Offense Level (Terminated) None Complaints Disposition None Third Party Custodian John Lebron represented by John Lebron 8410 Twin Lakes Blvd. Tampa, FL 33614 PRO SE Plaintiff USA represented by U.S. Attorney's Office Date Filed # Docket Text 02/22/2005 1 INDICTMENT returned in open Court as to John Lebron (1) count 1. (RFM) (Entered: 02/23/2005) 03/01/2005 Arrest of John Lebron (CM) (Entered: 03/01/2005) 03/01/2005 3 Minute Entry for proceedings held before Judge :INITIAL appearance as to John Lebron held on 3/1/2005 (Tape #digital) (CM) (Entered: 03/02/2005) 03/01/2005 5 Minute Entry for proceedings held before Judge :ARRAIGNMENT as to John Lebron (1) Count 1 held on 3/1/2005. Defendant pled not guilty. (Tape #digital) (CM) (Entered: 03/02/2005) 03/01/2005 6 PRETRIAL discovery order and notice as to John Lebron Status Conference set for 3/18/2005 10:00 AM in Courtroom 17 before Judge on 3/1/2005. (CM) (Entered: 03/02/2005) 03/02/2005 8 ARREST WARRANT returned executed on 2/28/05 as to John Lebron. (RFM) (Entered: 03/03/2005) 03/02/2005 9 ORDER Setting Conditions of Release as to John Lebron (1) $20,000 Non-surety. Signed by Judge on 3/1/2005. (RFM) (Entered: 03/03/2005) 03/02/2005 10 Non-Surety BOND entered as to John Lebron in amount of $20,000.00.. (RFM) (Entered: 03/03/2005) 06/02/2006 59 JUDGMENT as to John Lebron (1), Count(s) 1, Probation: 60 Months; Fine: Waived; Special Assessment: $100. Signed by Judge on 6/2/2006. (cl-m) (Entered: 06/02/2006) ############## UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA : ::: v. : Case No. 8:05-CR-75-T-17-EAJ ::: JOHN LEBRON : ____________________________________: DEFENDANT JOHN LEBRON'S AMENDED SENTENCING MEMORANDUM COMES NOW, the undersigned counsel, on behalf of the Defendant, JOHN LEBRON, and files this his amended sentencing memorandum due to undersigned counsel's failing to notice a scrivener's error in the base offense level calculation (all changes are in bold face type) and in support states as follows: I. FACTUAL BACKGROUND A. Case History 1. The Defendant was indicted on February 22, 2005. 2. Undersigned counsel was appointed on March 1, 2005 to represent the Defendant pursuant to the Criminal Justice Act. 3. The Defendant pled guilty to the indictment on December 15, 2005 before the Honorable Magistrate Judge. 4. This Honorable Court accepted said plea on January 18, 2006. 5. Sentencing is scheduled for 10:00 am, Friday, June 2, 2006. 6. The United States Probation Office reports that the Defendant's total offense level is twenty-one (21) with a criminal history category of I. 7. Thus, according to Probation, the Defendant's federal sentencing guideline range is thirty-seven (37) months to forty-six (46) months. II. THE EFFECT OF BOOKER V. UNITED STATES OF AMERICA A. Pursuant to the United States Supreme Court opinion in Booker v. United States of America, 125 S.Ct. 785 (2005), the Federal Sentencing Guidelines were deemed unconstitutional because their mandatory nature had judges, not juries, finding facts that the enhanced sentence of a defendant. The Supreme Court ruled this conflicted with the Sixth Amendment jury right of a defendant. As a result, the Federal Sentencing Guidelines are now "advisory" rather than "mandatory". III. FEDERAL SENTENCING GUIDELINES ARE PRESUMPTIVELY UNREASONABLE A. The Sentencing Reform Act created the Federal Sentencing Guidelines. The purposes of Act were set forth in 18 U.S.C. Section 3553(a). It is in this section that federal district courts are directed to: "impose a sentence sufficient, but not greater than necessary, to comply with . . . the need for the sentence imposed (A) to reflect the seriousness of the offense; (b) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner." B. Further, Section 3553(a) directs federal district courts to consider the following set of factors when fashioning a defendant's sentence: "(T)he nature and circumstances of the offense and the history and characteristics of the defendant, the kinds of sentences available, the need to avoid disparities among defendants with similar records who have been found guilty of similar conduct and the need to provide restitution to any victims of the offense." C. United States Supreme Court Justice Breyer gave renewed importance to these 18 U.S.C. 3553(a) factors without the mandatory nature of the guidelines in his majority opinion. Specifically, on page 17, Justice Breyer stated: "(D)espite the absence of Section 3553(b)(1), the Act continues to provide for appeals from sentencing decisions (irrespective of whether the trial judge sentences within or outside the Guidelines range in the exercise of his discretionary power under Section 3553(a) . . . Section 3553(a) remains in effect, and sets forth numerous factors that guide sentencing. Those factors in turn will guide appellate courts, as they have in the past, in determining whether a sentence is unreasonable." (Id. at 17). D. The Sentencing Commission took the Section 3553(a) factors into account when it created the original Federal Sentencing Guidelines. However, the factors were never given the substantial weight that the Commission intended in determining a federal defendant's sentence prior to January 12, 2005. In a critical selfevaluation the Sentencing Commission published its own assessment in 2004 - Fifteen Years of Guidelines Sentencing: An Assessment of How Well the Federal Criminal Justice System is Achieving the Goals of Sentencing Reform. The assessment disputes the notion that the Federal Sentencing Guidelines avoid "unwarranted sentence disparities". IV. PRE-SENTENCE INVESTIGATION REPORT OBJECTIONS A. The Base Offense Level is Twenty-Four (24) Not Twenty-Six (26) 1. United States Probation is holding the Defendant responsible for six (6) gallons of Gamma-hydroxybutyric acid (GHB) instead of the three (3) gallons of GHB that the United States of America and undersigned counsel agreed to hold the Defendant responsible for. 2. Undersigned counsel verified the above statement in subsection one (1) via teleconference with Assistant United States Attorney as recently as May 30, 2006 and during several meetings and phone conferences throughout the pendency of this case. a.) AUSA advised that he told Probation the same during his pre-sentence discussions. 3. Three (3) gallons of GHB is equivalent to 99.924 kilograms of marijuana. The Drug Quantity Table provides for a base offense level of twenty-four (24) for offenses involving at least 80 kilograms of marijuana but less than 100 kilograms of marijuana. a.) GHB is not specifically listed in the Drug Quantity Table. Thus, according to USSG Section 2D1.1, the Court must use the Drug Equivalency Tables in order to convert GHB into its marijuana equivalent to obtain the proper base offense level for this Defendant. One milliliter of GHB is equivalent to 8.8 grams of marijuana. b.) Three (3) gallons of GHB is equivalent to 11,355 milliliters of GHB. 11,355 milliliters is equivalent to 99,924 grams of marijuana. 99,924 grams of marijuana is equivalent to 99.924 kilograms of marijuana. c.) 99.924 kilograms of marijuana is a base offense level twenty-four (24) - At least 80 kilograms but less than 100 kilograms of marijuana. 4. Therefore, the Defendant's base offense level is a twenty-four (24) and his criminal history category is I. a.) The Defendant qualifies for a two base offense level reduction under USSG Section 2D1.1(b)(7) because he meets the criteria as set forth under subdivisions (1) through (5) pursuant to USSG Section 5C1.2. 1.) This reduction makes the Defendant's base offense level twenty-two (22). b.) The Defendant qualifies for a three base offense level reduction under USSG Section 3E1.1 (a) and (b). 1.) This reduction makes the Defendant's total base offense level nineteen (19). c.) The United States Government has filed a motion for a downward sentencing departure pursuant to USSG Section 5K1.l in the amount of four (4) levels. 1.) As this Court is aware, once the Government files a motion for substantial assistance, it is within the province of the Court to make a final determination as to the amount of decrease in the Defendant's base offense level. 2.) The Defendant's total base offense level is a maximum fifteen (15) if the Court accepts the Government's motion and recommendation or lower - should the Court rule in favor of the Defendant's request for a decrease of seven (7) levels in his base offense level. B. The United States Sentencing Guidelines are not "Presumptively Reasonable" 1. Based upon the above analysis, it can be argued in good faith that the guidelines, at least as applied to the Defendant, if not all defendants, are "presumptively unreasonable". The Defendant bases his argument on the information found in the Commission's 2004 written assessment, the Commission's 1995, 1997, and 2002 reports to Congress on federal sentencing policy, and the district court sentencing data it releases every year via its Sourcebook of Federal Sentencing Statistics (available to undersigned counsel and all other interested parties at the Commission's own website, www.ussc.gov.). 2. The Federal Sentencing Guidelines are per se unreasonable when compared against the backdrop of Section 3553(a). The goals of the Sentencing Reform Act are being undermined by significant portions of the guidelines. 3. The guidelines are only one of seven equally important factors that a district court must consider in determining a sentence that is sufficient, but not greater than necessary, to comply with the purposes of sentencing under section 3553(a)(2). C. Federal Guidelines Should Not Be Given Substantial Weight 1. The United States Sentencing Commission has prepared a "post-Booker" manual for judges, probation officers, and lawyers that advises judges to five "substantial weight" to the advisory guidelines. 2. This Court should not give "substantial weight" to the sentencing guidelines because in doing so such a sentencing practice makes the guidelines just as binding as they were before Booker, thus violating both the Sixth Amendment and the interpretation of section 3553, adopted by Booker's remedial majority. 3. The Defendant urges the Court to analyze the Guidelines equally along with the other factors listed under 3553 in order to determine a sentence that is sufficient but not greater than necessary to punish the Defendant for his actions. V. Mitigating Sentencing Factors A. Since the guidelines are advisory, the Court is free to utilize 18 U.S.C. Section 3553(a)(1), (3)-(7) in fashioning a reasonable sentence for the Defendant. These sections require that the sentence of a federal defendant reflect: 1.) the nature and circumstances of the offense and the history; and 2.) the characteristics of the defendant; and 3.) the kinds of sentences available; and 4.) the need to avoid unwarranted disparity among defendants with similar records and similar crimes; and 5.) the need to provide restitution to any victims of the offense. B. A federal sentence should be sufficient but not greater than necessary to meet the purposes of 18 U.S.C. Section 3553(a)(2). The Defendant believes the following mitigating factors, while not objections, should be taken into consideration by this Court when fashioning a sentence that is reasonable. 1. The Defendant points out that prior to Booker, the guidelines prohibited a court's reliance on certain offender characteristics for downward departures (see: U.S.S.G. Section 5H1.4 - drug and alcohol abuse, Section 5H1.12 - lack of youthful guidance or disadvantaged upbringing, 5H1.2 - education and vocational skills, 5H1.5 - employment record and 5H1.6 - family ties and responsibilities). 2. The Defendant suggests this Court designate a base offense level of twelve (12) and a criminal history category of I. Specifically, the Defendant respectfully requests a combination sentence of house arrest and incarceration at a halfway house or 366 days imprisonment. a. The Defendant implores this Court to recognize that this type of sentence is sufficient but not greater than necessary to comply with the purposes of sentencing under section 3553(a)(2). 3. In support the Defendant cites the following mitigating factors: a. The Defendant has suffered punishment outside of that punishment traditionally thought of by the penal system. Because one of the purposes of sentencing pursuant to 18 U.S.C. Section 3553(a)(2)(A) is "to provide just punishment", the defendant will be sufficiently punished by the loss of valuable rights - such as the right to vote, serve on juries, hold public office, the right to bear firearms and other federal benefits for a period of up to five (5) years. Further, the Defendant will have the stigma of being a convicted felon for the rest of his life. b. The Defendant is a drug addict who delivered small quantities at the street level. The Defendant has finally admitted that he has a substance abuse problem and has sought out professional help to assist his recovery to avoid substance abuse in the future. 1.) The Defendant began smoking marijuana on a weekly basis at age 16. He began drinking to excess at age 18 during his college years. He began abusing cocaine, vicodin, and ecstasy at age 18. 2.) The Defendant was a street level GHB dealer who sold twice to supplement his own growing cocaine, alcohol, ecstasy, and vicodin and marijuana addictions. a.) In the United States of America v. Williams, 78 F.Supp2d 189 (S.D.N.Y. 1999), the district court concluded that the relatively minor nature of the defendant's prior and current drug convictions warranted a departure from the career guideline because in each prior drug conviction the defendant was a street seller and on the lowest level of the distribution chain and the most easily replaced in the drug network he was involved in. d. The Defendant has suffered from mental health issues. He has treated with Alprazolam for anxiety attacks. e. The Defendant is the father to a newborn baby. He and his fiancé, Trisha Kumer, gave birth to their child on the 10th. g. The Defendant is unlikely to commit a crime in the future. 1.) The Defendant graduated from Chamberlain High School in Tampa, Florida on June 9, 1997. Mr. Lebron ranked 92 in his class of 514 with a 3.5740 grade point average. 2.) The Defendant is a licenced real estate broker and has his sales license. He is employed by First Choice Realty. 3.) The Defendant has accepted his drug problem and desires professional assistance to avoid substance abuse and alcohol in the future. 4.) The Defendant has tremendous family support to assist his acclimation to private life once his punishment concludes. 5.) The Defendant is a new father who understands that his self-destructive lifestyle must end and that he must accept responsibility like an adult in order to properly care for his newborn child and fiancé. h. The Defendant's cooperation reaches a level of super acceptance of responsibility. Upon his arrest, the Defendant immediately waived his right to a lawyer and began cooperating with the government which lead to additional arrests and indictments. This is especially significant because the Defendant's sister is a criminal defense attorney. i. The Defendant again reasserts his above stated objections to the PSI as mitigating factors (should this Court not rule in his favor in the form of his objections) that should be used as mitigating factors in calculating a reasonable sentence sufficient but not greater than necessary to achieve the goals of the Sentencing Reform Act. VI. Requests for Recommendations and Miscellaneous Issues A. The Defendant respectfully requests a sentence of a probation or a combination of halfway house and house arrest. 1.) Should this Court designate a base offense level that prohibits the above, then the Defendant requests a sentence of 366 days or a prison camp qualifier. B. The Defendant respectfully requests that this Court find on the record that there are no public safety factors (PSF) in the Pre-Sentence Investigation Report (PSI). 1. A PSF disqualifies a defendant from a prison camp designation. C. The Defendant respectfully requests FCI Coleman if he receives a sentence of incarceration that prohibits his attending a prison camp and further for the Court to state on the record the reasons why it is making said recommendation. The Bureau of Prisons welcomes judicial recommendations (see BOP Program Statement 5100.07) and by statute it is required to consider them. 18 U.S.C. Section 3621(a)(4)(B). 1. Coleman FCI has RDAP. 2. Coleman FCI is within a half day's drive of the Defendant's children, family, and friends. 3. Coleman FCI offers vocational and apprenticeship opportunities. 4. Coleman FCI offers UNICOR. a. If Coleman FCI is unavailable, then the Defendant desires an institution as close to Tampa, Florida as possible that has RDAP. b. Bureau statistics show that it honors judicial recommendations in the overwhelming majority of cases in which the defendant qualifies for a particular recommended institution. C. The Defendant requests that he be placed in the Bureau of Prison's Residential Drug Abuse Program (RDAP). Pursuant to 18 U.S.C. Section 3621(e), the Bureau of Prisons offers a program to fight drug addiction. 1. The Defendant believes that he must fight his drug addiction in order to lessen his chances of recidivism. CONCLUSION WHEREFORE, the undersigned counsel respectfully requests this Court to grant the requested relief. Respectfully submitted, Attorney for Defendant Lebron ############## UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. CASE NO. 8:05-cr-75-T-17-EAJ JOHN LEBRON NOTICE OF ESSENTIAL ELEMENTS AND PENALTY ESSENTIAL ELEMENTS The essential elements for Count One for a violation of 21 U.S.C. § 841(a)(1) are as follows: First: that the defendant knowingly and willfully possessed gamma-hydroxybutyric acid, also known as "GHB," as charged; and Second: that the defendant possessed the substance with the intent to distribute it. PENALTY Count One carries a maximum sentence of twenty (20) years imprisonment, a fine of $1,000,000, a term of supervised release of at least three (3) years, and a special assessment of $100, said special assessment to be due on the date of sentencing. FACTS A DEA cooperating defendant ("CD") identified John Lebron as a customer for 3 gallons of GHB. Specifically, on January 27, 2005, while DEA was in the presence of the CD, Mr. Lebron called the CD and requested to obtain approximately 3 gallons of GHB from the CD. On the same date, in Tampa, Florida, DEA then utilized the CD to conduct a controlled transaction with Mr. Lebron for 3 gallons of GHB. After Mr. Lebron obtained the 3 gallons of GHB from the CD he was arrested. Post-Miranda, Mr. Lebron admitted to obtaining the 3 gallons of GHB and stated that he was going to deliver/sell the GHB to another individual. Respectfully submitted, United States Attorney |
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01-30-2008, 06:39 PM
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Re: EZ Investments LLC has John Lebron of 3006 River Grove Drive Tampa Florida, a felon on probation in public records
1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA 2 CASE No. 8:05 CR 75 T 17 EAJ 3 4 UNITED STATES OF AMERICA 5 6 Plaintiff, v. June 2, 2006 7 10:55 a.m. 8 JOHN LEBRON 9 Defendant. _______________________________/ 10 11 SENTENCING PROCEEDING 12 BEFORE THE HONORABLE JUDGE UNITED STATES DISTRICT COURT JUDGE 13 14 APPEARANCES: 15 For the Government: PROSECUTOR Assistant U.S. Attorney 16 U.S. Attorney's Office 400 North Tampa St., 17 Ste. 3200 Tampa, FL 33602 18 19 For the Defendant: APPOINTED INDIGENCY DEFENSE ATTORNEY 20 Reported By: 21 U.S. District Court 22 801 North Florida Avenue Tampa, FL 33602 23 Phone number 24 STENOGRAPHICALLY REPORTED COMPUTER-AIDED 25 **************** 2 1 P R O C E E D I N G 2 THE COURT: Let's see now. 8:05 3 Criminal 75 T17 EAJ, United States of America, 4 represented by Assistant U.S. Attorney Anthony 5 PROSECUTOR versus John Lebron, represented by his 6 attorney, APPOINTED INDIGENCY DEFENSE ATTORNEY. 7 Now, please bear with me. I have to 8 read the script. 9 John Lebron, on December 15th, 2005 you 10 entered a plea of guilty to Count I of the 11 Indictment charging you with possession with 12 intent to distribute gamma-hydroxybutyric acid, 13 also known as GHB, in violation of Title 21 United 14 States Code, Section 841(a)(1) and (b)(1)(C). 15 The Court has previously accepted your 16 guilty plea and has adjudicated you guilty of that 17 offense. 18 It's the duty of the Court to address 19 several questions. 20 First, WITNESS5, have you had an 21 opportunity to read and discuss the presentence 22 report dated April 14, 2006, and the addendum 23 dated April 14, 2006 with your attorney, 24 Mr. APPOINTED INDIGENCY ATTORNEY? 25 THE DEFENDANT: Yes, Your Honor. **************** 3 1 THE COURT: Mr. APPOINTED INDIGENCY ATTORNEY, have you been 2 over those documents with your client? 3 MR. APPOINTED INDIGENCY ATTORNEY: Yes, Your Honor. 4 THE COURT: Have you read them, 5 Mr. PROSECUTOR? 6 MR. PROSECUTOR: I have, Your Honor. 7 THE COURT: The Court notes in the 8 addendum to the presentence report there are no 9 objections by the government, but there are 10 objections by the defendant. 11 The -- probation disclosed a presentence 12 report on February the 10th, and the original 13 objections were due February 24th. 14 On February 27th, the defense moved for 15 a continuance of the sentencing. Court granted 16 that and reset it for April 28th. As a result of 17 new sentencing date, objections to the report were 18 due April 7th. 19 On April, 13th defense counsel sent the 20 probation office the attached objections to the 21 presentence report. 22 As of the date of this addendum, 23 probation has been unable to reach the defense 24 counsel to obtain clarification of the basis for 25 the objections or attempt to resolve them. **************** 4 1 Consequently, probation has provided the 2 following response to the objections based upon 3 the limited information provided in defense 4 counsel's attached submission. 5 Now, do you have anything more than what 6 is in the addendum today? Probation? 7 PROBATION: No, Judge, we do not. 8 THE COURT: Thank you. Noted for the 9 record. 10 Item 1, Paragraph 29, other arrests. No 11 impact on the guideline calculation with regard to 12 that. 13 Number 2, Paragraph 30, other arrests. 14 No impact on the guideline calculations. 15 Now, at the present time are there any 16 other objections to the presentence report with 17 regard to the factual statements or the guideline 18 applications? Mr. PROSECUTOR? 19 MR. PROSECUTOR: Your Honor, if I may. 20 THE COURT: Yes. 21 MR. PROSECUTOR: There's an issue 22 regarding the calculation regarding the drug 23 quantity. And I had indicated this to probation. 24 To give the Court some background 25 regarding the case, this case was one of many that **************** 5 1 occurred within a two-day period as a result of a 2 larger investigation by DEA. 3 Essentially, what happened was DEA had 4 discovered a source of a large quantity of GHB, 5 and worked the case from there. And quickly 6 people were cooperating, which led to other 7 arrests. 8 WITNESS5 was one of those individuals. 9 He participated in a reverse -- an individual was 10 cooperating that was to sell him three gallons of 11 GHB. He was arrested, advised of his rights. And 12 he indicated he'd be willing to cooperate, but 13 wanted to talk at that time to his sister, who is 14 an attorney. 15 I consulted with her that day of the 16 arrest, explained what we were doing, that we were 17 interested in his cooperation, and advised her 18 that three gallons is what he'd be accounted for. 19 Subsequent to that there was information 20 that was received that prior to this three-gallon 21 transaction there was an additional three-gallon 22 transaction. 23 Probation has scored it appropriately 24 under the guidelines. However, I feel obliged by 25 my own statements to WITNESS3 to only request **************** 6 1 the Court hold him accountable for the three 2 gallons on that reverse. 3 I should indicate to the Court that was 4 the representation I made, which then led him to 5 cooperate with law enforcement, which led to the 6 arrest of other individuals. 7 So, therefore, I am asking the Court to 8 consider the 3 gallons of the GHB. 9 THE COURT: Okay. Well, based upon your 10 ethical statement, Mr. PROSECUTOR, even though the 11 government may have at the time of trial been able 12 to establish the six gallons to which you make 13 reference, you orally discussed with counsel, who 14 at the time was representing the defendant, a 15 cooperation based upon the three. And you're 16 asking the Court to honor that, and I will honor 17 it. Okay? 18 Now, what, if any, other objections are 19 there to the presentence report, WITNESS5 -- I 20 mean, Mr. APPOINTED INDIGENCY ATTORNEY? 21 Mr. APPOINTED INDIGENCY ATTORNEY: Good morning, Your Honor. 22 May it please the Court. The objections that I 23 filed originally were with the understanding -- 24 and I spoke to probation knowing that this case 25 was going to be continued. And I was involved in **************** 7 1 other matters, and that is the reason why they 2 were several days late. I think as we -- everyone 3 in this case pretty much knew that they weren't 4 going -- that WITNESS5 wasn't going to be 5 sentenced until later on. 6 I would note that we-- while we 7 certainly agree and understand that they do not 8 affect his criminal history category, he is a I. 9 Clearly, he can't go any lower. The reason we 10 objected to them is because of the nature of that 11 one charge. There's a lot more to that-- 12 THE COURT: Well, we're going -- we're 13 going to get to them. What I'm really asking for 14 at this point -- you're going to get a chance to 15 argue the items. But I'm asking what, if any, 16 other objection items are there?. 17 You've only got two. Is that it? 18 MR. APPOINTED INDIGENCY ATTORNEY: No, Your Honor. Has Your 19 Honor had an opportunity to read the memorandum 20 that I filed? 21 THE COURT: Did you provide that to the 22 gov -- to the probation department? 23 MR. APPOINTED INDIGENCY ATTORNEY: I'm sorry. No, Your 24 Honor. 25 THE COURT: Why not? **************** 8 1 MR. APPOINTED INDIGENCY ATTORNEY: It's my understanding that 2 once I make my objections, I place them to the 3 Court after the time period that the probation -- 4 THE COURT: Probation waited for you to 5 do this. Therefore, probation is not in a 6 position to evaluate your objections. So you are 7 in error. 8 MR. APPOINTED INDIGENCY ATTORNEY: I certainly apologize, 9 Your Honor. 10 THE COURT: You're in error with regard 11 to that. Did you provide it to the government? 12 MR. APPOINTED INDIGENCY ATTORNEY: Yes, Your Honor. 13 THE COURT: But you didn't provide it to 14 probation? 15 MR. APPOINTED INDIGENCY ATTORNEY: No, but -- and clearly 16 the -- 17 THE COURT: Just wait a second. 18 MR. APPOINTED INDIGENCY ATTORNEY: I'm sorry. 19 THE COURT: Madam Clerk -- 20 COURTROOM DEPUTY CLERK: Yes, Your 21 Honor. 22 THE COURT: -- hand it to probation. 23 Thank you. 24 PROBATION: For the record, Your Honor, 25 I'm filling in for Ms. PROBATION OFFICER who actually was **************** 9 1 the -- 2 THE COURT: So as always, probation is 3 put in an awkward position since the super -- 4 since the probation officer assigned to this case 5 is not here. And a fill-in has to deal with this. 6 And the bottom line is that it makes it 7 more difficult for the Court to evaluate the area 8 of inquiry. 9 So I'm telling you, Mr. APPOINTED INDIGENCY ATTORNEY, based 10 upon the recitation that I see here today from 11 probation and the fact that today is the 2nd of 12 June, you had more than adequate time to get your 13 objections to probation. And you're not going to 14 let that happen again, are you? 15 MR. APPOINTED INDIGENCY ATTORNEY: Certainly not, Your Honor. 16 THE COURT: Now, the government has no 17 other objections or explanation. 18 Let's go to your Item 1, and we'll deal 19 with that first. What -- what argument do you 20 want to make on Item 1? 21 MR. APPOINTED INDIGENCY ATTORNEY: Again, Your Honor, it's 22 kind of a moot point. Because what we're 23 attempting to do is obviously because there was 24 nothing filed on the case, we did not want Your 25 Honor to see it. Because the nature of the **************** 10 1 charge, it looks as if it's very serious, but it 2 involved a high school romance. And the ages were 3 inappropriate at the time, but it's not something 4 that this is a 23-year old with a 14-year old. 5 We simply felt that that cast WITNESS5 6 in a bad light. There's more to it, and that's 7 why we placed that objection. 8 Unfortunately, probation did not agree 9 with us at that point, and Your Honor saw it 10 anyway. So we really don't have anything to add 11 on that other than the fact that, obviously, the 12 State Attorney's Office did not file on this 13 charge. 14 I don't think it's as serious as the 15 typical L and L that comes before a state court. 16 This was a high school romance, again. I think 17 that perhaps the families were a little more upset 18 about it, and maybe it should have been left as a 19 family matter instead of a legal matter. And I 20 think that's ultimately what happened. 21 THE COURT: Okay. What is the 22 government's position with regard to that? 23 MR. PROSECUTOR: Your Honor, I have no 24 response to that. 25 THE COURT: Okay. And does probation **************** 11 1 have anything to add beyond what's in there? 2 PROBATION: No, Your Honor, we don't. 3 THE COURT: Fine. Okay. Well, your 4 objection is overruled. 5 What's your -- next is Item 2, Paragraph 6 30, other arrests. Let me hear your argument on 7 that. 8 MR. APPOINTED INDIGENCY ATTORNEY: Allow me one moment, Your 9 Honor. I'm sorry. That was the argument that I 10 made. I -- there are two objections. 11 THE COURT: All right. So I mean I 12 understand that, that you made it on that one. 13 But -- 14 MR. APPOINTED INDIGENCY ATTORNEY: Correct. Correct. 15 THE COURT: -- I'm just trying to follow 16 the item numbers, which you're obviously not doing 17 so that the record is clear on any appeal, 18 Mr. APPOINTED INDIGENCY ATTORNEY. 19 MR. APPOINTED INDIGENCY ATTORNEY: Yes, Your Honor. 20 THE COURT: I try to be, you know, 21 methodical about Item 1, it's Paragraph 29. So 22 you argued Paragraph 30, which is under Item 2. 23 So let's go back to Paragraph 29 on that 24 one. What, if anything, do you want to say on it? 25 MR. APPOINTED INDIGENCY ATTORNEY: Again, just that it's a **************** 12 1 juvenile arrest. There was nothing filed on 2 behalf, and we attempted to keep that from this 3 Court. As again, we attempt to paint WITNESS5 4 in the best light that we can before this Court. 5 Obviously, probation disagreed, and it 6 came before the Court. So there's really, again, 7 no -- 8 THE COURT: Well, probation disagreed 9 because on the instructions of this Court for whom 10 they work, all the judges of the Middle District 11 of Florida, probation is obliged to follow our 12 instructions, which are to give us all prior 13 record on people that prepare the presentence 14 report. 15 So it's not probation doing it. It's 16 the Court ordering it to be done so we're informed 17 about people that come before us, Mr. APPOINTED INDIGENCY ATTORNEY. We 18 don't like things concealed from us that we are 19 supposed to know. Okay? 20 Now, anything else on that objection? 21 MR. APPOINTED INDIGENCY ATTORNEY: No, Your Honor. 22 THE COURT: All right. Now, with the 23 assistance of probation, that's had all of about 24 two minutes to look at those objections, what do 25 you perceive from those objections today that **************** 13 1 you're able to look at? 2 And, Mr. PROSECUTOR, try to help here a 3 little bit, because you've had the benefit 4 available to you. 5 Go ahead. 6 PROBATION: Well, Your Honor, the only 7 real objection I'm seeing is that he's objecting 8 to the base offense level, which -- 9 THE COURT: Okay. I'll make that Item 10 3, base offense level. Okay. 11 PROBATION: I think he's asserting that 12 the defendant should only be held accountable for 13 three gallons of GHB, which the government 14 conceded before -- 15 THE COURT: Right. Okay. 16 PROBATION: So the only thing that I saw 17 is that he -- his interpretation was that three 18 gallons equaled a base offense level of 22. And I 19 think it's -- 20 MR. APPOINTED INDIGENCY ATTORNEY: Your Honor, again -- 21 PROBATION: -- 24. 22 MR. APPOINTED INDIGENCY ATTORNEY: -- if I may interrupt, 23 that was a scrivener's error. There was an 24 amended motion filed. 25 THE COURT: So you agree it's a 22 -- or **************** 14 1 a 24? 2 MR. APPOINTED INDIGENCY ATTORNEY: Correct, Your Honor. 3 THE COURT: All right. So we have no 4 dispute on that. 5 PROBATION: Okay. So then we can just 6 recalculate from that point. I think it can be 7 adjusted. 8 THE COURT: All right. I'm going to get 9 that in just a second. I want to make sure 10 there's nothing else. So the three gallons by 11 stipulation of the government and the defense; 12 correct, Mr. PROSECUTOR? 13 MR. PROSECUTOR: That is correct, Your 14 Honor. 15 THE COURT: Noted for the record. And 16 the Court's accepting that. 17 All right. Now, that's all you see in 18 those objections; right? 19 PROBATION: Yes, Judge. It looked like 20 there were just 3553 issues that he wanted to 21 argue. But for -- 22 THE COURT: And those will come on a 23 motion on the other side of the ledger. Okay. 24 Do you have any other objections? 25 Probation's indicated you've got a 3553 motion, **************** 15 1 which will come after I give the lineup of the 2 sentencing guidelines. And then on the other 3 side, that's what I consider on the A(1) through 4 (7). 5 Is that okay? 6 MR. APPOINTED INDIGENCY ATTORNEY: Yes, Your Honor. 7 THE COURT: All right. Now, let's do 8 the calculations based upon the base offense 9 level. And so the defendant's objection will be 10 sustained on that by the stipulation of the 11 parties, which the Court accepts. His objections 12 on 1 and 2 are overruled. 13 Okay. Fire away on the paragraphs when 14 you're ready. Go ahead. 15 PROBATION: Page 3, Judge, Paragraph 19. 16 THE COURT: All right. I'm getting 17 there. 18 PROBATION: Actually, I apologize. 19 We've got to back up one. 20 THE COURT: Okay. One, two -- 21 PROBATION: It's Page 2, Paragraph 14. 22 THE COURT: Got you. 23 PROBATION: That the base offense level 24 goes to a 24 from a 26. 25 THE COURT: Okay. That's a 24. Okay. **************** 16 1 By stip of parties. I've got that noted by 2 stipulation of the parties. Court grants. 3 All right. Then where we going? 4 PROBATION: Next page, Paragraph 19. 5 The adjusted offense level will become a No. 22. 6 THE COURT: Okay. 7 PROBATION: Go down to Paragraph 22, and 8 that new adjusted number will be No. 19. 9 THE COURT: Right. Okay. 10 PROBATION: Go to the back of the 11 report, Page 11 -- 12 THE COURT: Page 11. 13 PROBATION: -- Paragraph 66. 14 THE COURT: Okay. 15 PROBATION: And the range will be a 19, 16 criminal history category I. 17 THE COURT: Right. 18 PROBATION: And a new range of 30 to 19 37 months. 20 THE COURT: Okay. 30 to 37 months. Got 21 it. 22 PROBATION: And go to the next page, 23 Paragraph 75. 24 THE COURT: Okay. 75. 25 PROBATION: The new fine range becomes **************** 17 1 6,000 to 60,000 -- I'm sorry, to 1 million. 1 2 million. 3 THE COURT: I got it. 6,000 to 1 4 million? 5 PROBATION: Yes, Your Honor. 6 THE COURT: Just the base offense on it 7 that is reduced. Okay. 8 PROBATION: Correct. Correct. And that 9 should be all. 10 THE COURT: Okay. Thank you very much. 11 All right. 12 Now, back to the statement. The Court 13 adopts the undisputed factual statements and 14 guideline applications as contained in the 15 presentence report. 16 As to the controverted factual 17 statements and guideline applications, the Court 18 adopts the position of the probation office as 19 stated in the addendum except as to Item No. 3, 20 where objection by defendant is sustained by 21 stipulation of parties. 22 So we're now at total offense -- 23 therefore, the Court determines that the 24 applicable guidelines are total offense level 19, 25 criminal history category Roman Numeral I. The **************** 18 1 range is 30 to 37; right? 2 PROBATION: Correct. 3 THE COURT: Two to three years 4 supervised release. Is that still the same? 5 PROBATION: Yes, it is. 6 THE COURT: And restitution's not 7 applicable. $6,000 to $1 million fine. And a 8 $100 special assessment over which I have no 9 control. 10 Okay. Do you know of any reason why 11 this Court should not now proceed with imposition 12 of sentence? 13 Mr. APPOINTED INDIGENCY ATTORNEY, sir? 14 MR. APPOINTED INDIGENCY ATTORNEY: No, Your Honor. 15 THE COURT: Mr. PROSECUTOR. 16 MR. PROSECUTOR: No, Your Honor. 17 THE COURT: Do you wish to make a 18 statement or to present any information in 19 mitigation of sentence? Is there a government 20 motion? 21 MR. PROSECUTOR: There is, Your Honor. 22 THE COURT: Do you defer to the 23 government? 24 MR. APPOINTED INDIGENCY ATTORNEY: As to -- yes. 25 THE COURT: Okay. Go right ahead. **************** 19 1 MR. PROSECUTOR: Your Honor, as I 2 indicated previously, this was a larger 3 investigation. WITNESS5, after consultation 4 with counsel, began cooperating. His cooperation 5 led to the arrest of another individual who was 6 prosecuted here in Federal Court. 7 As a result of a plea, there was no 8 testimony necessary. But due to the fact that he 9 led us to an arrest, subsequent to a prosecution, 10 pursuant to our guidelines we're asking for a 11 four-level departure under 5K1.1 under the United 12 States Sentencing Guidelines. 13 THE COURT: Okay. And how many levels? 14 MR. PROSECUTOR: Four levels. 15 THE COURT: Four levels. Okay. Based 16 upon the government's evaluation of that, that 17 will bring him down -- he's at 19 now. So four 18 levels will bring him to a level 15, Roman numeral 19 I. The range is -- do you have it, Mr. PROSECUTOR? 20 Or do you have it? 21 PROBATION: 18 to 24 months, Your Honor. 22 THE COURT: 18 to 24 months. Thank you. 23 All right. 24 Now, you also have a defendant's motion 25 under 3553(a)(1) through (7). Go ahead with that **************** 20 1 motion. 2 MR. APPOINTED INDIGENCY ATTORNEY: Your Honor, I have an 3 amended sentencing memorandum that I'd like to 4 make sure the Court has an opportunity to read. 5 THE COURT: Okay. 6 MR. APPOINTED INDIGENCY ATTORNEY: I just point out for the 7 record that when I did that, it was a scrivener's 8 error as to the 22. I immediately within minutes 9 corrected that and filed a new one, in which I 10 bold faced all the changes, admitting my mistakes. 11 And it breaks down -- and we're in 12 agreement as to what probation says. That was my 13 error, and I hope the Court would accept that that 14 is my error and not my client's. I'm not trying 15 to pull any fast ones before the Court. 16 THE COURT: Okay. But the critical 17 thing is as we look at Item 4, Subsection C, 18 Subsection 2 on Page 5 of your Document 54, the 19 defendant's total base offense level is a maximum 20 of 15 if the Court accepts the government's 21 motion. 22 MR. APPOINTED INDIGENCY ATTORNEY: Yes, Your Honor. 23 THE COURT: Right. Okay. 24 MR. APPOINTED INDIGENCY ATTORNEY: Your Honor, I would -- 25 THE COURT: And you're asking now for **************** 21 1 seven levels beyond that? 2 MR. APPOINTED INDIGENCY ATTORNEY: No, no, Your Honor. I'm 3 asking for three levels beyond that. The reason 4 being is that -- two arguments, Your Honor. 5 Number one, we believe that WITNESS5's -- 6 THE COURT: Just a second. Go ahead. 7 MR. APPOINTED INDIGENCY ATTORNEY: -- WITNESS5's decision 8 to cooperate manifests a super acceptance of 9 responsibility. Within moments he asked to speak 10 to his sister. Now, it is without question his 11 sister is an attorney. However, she does not 12 practice criminal law in Federal Courts. 13 He was asking to speak with his sister 14 more as a kind of security blanket. When his 15 sister came down, they then decided together to 16 immediately cooperate. That led to the arrest of 17 individuals who were then prosecuted within this 18 district. 19 I'd ask the Court to take that into 20 consideration given the fact that because he 21 was -- essentially he asked the advice of his 22 sister, who is an attorney, it could have been 23 very easy for him to simply say, I'm not speaking 24 period. I'm not doing anything. 25 WITNESS5 not only admitted to his own **************** 22 1 involvement immediately, but he then assisted the 2 government in apprehending other individuals who 3 were alleged and later convicted of crimes within 4 this district. 5 And I'd ask the Court to take that into 6 consideration when fashioning a sentence beyond 7 the four levels. We certainly appreciate and 8 would ask the Court not to go below the four 9 levels, but we're asking the Court to consider the 10 totality of the circumstances, and the fact that 11 what his actions amounted to is that sort of a 12 super acceptance of responsibility and grant more 13 than four levels. 14 When later on -- 15 THE COURT: That's under the 5K1? 16 MR. APPOINTED INDIGENCY ATTORNEY: Yes. 17 THE COURT: All right. And you're also 18 making an argument under defendant's motion 19 3553(a)(1) through (7) requesting three additional 20 levels, I believe, under that, which would bring 21 him to a level 12, Roman I, where the range is 10 22 to 16. 23 MR. APPOINTED INDIGENCY ATTORNEY: It's -- I don't -- 24 THE COURT: And I'm putting that on the 25 record. Is that correct? **************** 23 1 MR. APPOINTED INDIGENCY ATTORNEY: Yes. 2 THE COURT: You got to be specific about 3 what you're asking for Mr. APPOINTED INDIGENCY ATTORNEY. Okay. Go 4 ahead. 5 MR. APPOINTED INDIGENCY ATTORNEY: The reason why is -- I 6 don't think it's a secret before anyone in this 7 Court that Zone C allows this Court different 8 options in sentencing than simply a 13, a 14, or a 9 15. 10 So what we're attempting to do, Your 11 Honor, either through a 5K motion, which -- in 12 which you grant additional levels beyond what the 13 government is requesting or through the mitigation 14 factors that we're asking the Court to take into 15 consideration, we're asking the Court to depart 16 downward so he can get into the Zone C. That is 17 explicitly stated within my motion. 18 If the appropriate time now is to go 19 into those mitigating factors under 3553(a), then 20 I'd like the opportunity to do so. We do have 21 witnesses that I'd like to bring forward to the 22 Court who will be brief, but on point as to those 23 mitigating factors. 24 THE COURT: Well, if you're going to 25 bring them forward, you'd better bring them up to **************** 24 1 that podium now. 2 Mr. Bailiff, assist with regard to this. 3 How many people are you requesting? 4 MR. APPOINTED INDIGENCY ATTORNEY: Well, Your Honor - 5 THE COURT: Don't tell me their names. 6 What's the number? How many? 7 MR. APPOINTED INDIGENCY ATTORNEY: At this point we have six 8 people who would like to address the Court very 9 briefly. 10 THE COURT: Six people? 11 MR. APPOINTED INDIGENCY ATTORNEY: Yes, Your Honor. 12 THE COURT: They get one minute each. 13 MR. APPOINTED INDIGENCY ATTORNEY: Thank you, Your Honor. 14 THE COURT: Line them up in a line. 15 MR. APPOINTED INDIGENCY ATTORNEY: Your Honor, if I may -- 16 THE COURT: Line them in a line right 17 now in the order in which you want them to speak. 18 Right now. Line them up. 19 MR. APPOINTED INDIGENCY ATTORNEY: Thank you. 20 THE COURT: Go back there, Mr. APPOINTED INDIGENCY ATTORNEY, 21 and do that. Your client can stay right where he 22 is. Line them up. They get one minute each. 23 All right. Just as soon as Mr. APPOINTED INDIGENCY ATTORNEY 24 gets them lined up and he can get back up here. 25 Okay. We got six people. All right. **************** 25 1 Who's the first person you're calling, 2 Mr. APPOINTED INDIGENCY ATTORNEY? 3 MR. APPOINTED INDIGENCY ATTORNEY: WITNESS1. 4 THE COURT: All right, sir. State your 5 name for the record. 6 WITNESS1: Good morning, Your 7 Honor. My name is WITNESS1. 8 THE COURT: Good morning, sir. What's 9 your relationship to the defendant? 10 WITNESS1: I have a unique 11 relationship with WITNESS5. I'm his 12 [RELATIVE]. 13 THE COURT: Okay. Fine. You have one 14 minute. 15 WITNESS1: Okay. I'm also a member 16 of the Bar, Your Honor. 17 THE COURT: All right. 18 WITNESS1: I thought it would be 19 helpful to the Court if I could offer words that 20 may help the Court in determining the appropriate 21 sentence. I first met WITNESS5 nine years ago 22 as a high school student. He is a very capable 23 individual. 24 However, he did get off course. He got 25 involved in the wrong crowd. I was disappointed **************** 26 1 in him at times, knowing that he could do much 2 better if he applied himself and used the love and 3 his strong family around him. However, that 4 didn't happen at the time. 5 I believe that him getting caught may 6 have been one of the best things for him, in that 7 it straightened him out. 8 THE COURT: Okay. 9 WITNESS1: And I feel that the 10 anxiety that he's had over today has been enough 11 to have effectively cured him. I believe that's 12 demonstrated by his actions. In the last year he 13 has -- he has a fiancee, he has become a 14 homeowner, and he has become a father of his -- of 15 his first son. 16 I think it's realization of becoming a 17 father, him no longer being the child, but instead 18 of having to care for a child in combination with 19 the pendency of this case that has been most 20 corrective to him. 21 THE COURT: Counsel, you're out of time. 22 WITNESS1: Okay. 23 THE COURT: Thank you. 24 WITNESS1: Thank you, Your Honor. 25 THE COURT: Next person. **************** 27 1 MR. WITNESS2: Hello, Your Honor. 2 THE COURT: Yes, sir. What's your name, 3 sir? 4 MR. WITNESS2: My name is WITNESS2. 5 THE COURT: And what's your relationship 6 to the defendant? 7 MR. WITNESS2: I'm a lifelong friend. I've 8 known him for 16 years. 9 THE COURT: Okay. Go ahead. 10 MR. WITNESS2: I just want to come forward 11 today and just state the type of character that my 12 buddy John has. I've known him for 16 years. 13 We've played all kinds of sports together. Grown 14 up throughout high school, middle school -- 15 THE COURT: Did you try to get him to 16 get away from these people that got him in 17 trouble? 18 MR. WITNESS2: Absolutely, ma'am. I also -- 19 THE COURT: He wouldn't listen to you, 20 would he? 21 MR. WITNESS2: He would not. 22 THE COURT: Okay. 23 MR. WITNESS2: Just recently within the past 24 year I've actually got him working with me as a 25 licensed real estate agent, a real estate **************** 28 1 investor. And I speak to him on a daily basis 2 every single morning. 3 And he motivates me to get up, you know, 4 and get out there and keep on doing things that I 5 need to do for myself. And he's just the type of 6 person he's turned into recently with being a 7 father and being engaged and just changing his 8 life around has, you know, really motivated me to 9 go up to the next level. 10 That's pretty much what I want to say. 11 THE COURT: Thank you very much for 12 coming, sir. You may take a seat. 13 MR. WITNESS2: Thank you. 14 THE COURT: The next person is? 15 WITNESS3: Witness3. 16 May it please the Court. 17 THE COURT: What's your relationship to 18 the defendant? 19 WITNESS3: I am WITNESS5's [relative] 20 21 THE COURT: Okay. Fine. Go ahead. You 22 have one minute. 23 WITNESS3: Thank you, Your Honor. 24 I also acted with WITNESS5 and the Special Agent 25 when WITNESS5 was apprehended. Judge, what I **************** 29 1 would like to emphasize to Your Honor is that the 2 person that you see here today is not the person 3 that was dealing drugs. 4 My brother has made a significant life 5 change. I was very disappointed when I learned 6 that he was doing what he did, because he wasn't 7 raised like that. My family taught him morals. 8 They taught him right from wrong and -- 9 THE COURT: Why did he do it? 10 WITNESS3: I don't know, Judge. I 11 can only say -- and I'm not -- and I'm not -- 12 THE COURT: That's the critical thing 13 that you as his sister need to reach deep down 14 inside of him and find out, because -- 15 WITNESS3: Well, Judge, I -- 16 THE COURT: -- all the other things that 17 you might tell me about his life, his childhood, 18 and all the rest of that, what I'm really 19 interested in is what reached down inside his 20 insides. 21 WITNESS3: I can answer that 22 question, Your Honor -- 23 THE COURT: Go ahead. 24 WITNESS3: -- in one word. He was 25 an addict. And I'm not making excuses for him by **************** 30 1 any means, because he made the choice to do drugs. 2 But my brother -- my brother's a very 3 loving, generous person. And when he was on 4 drugs, he only thought about himself. He became 5 very selfish. He hurt the family. 6 And that's -- its almost like a blessing 7 in disguise. When I spoke with the Special Agent 8 I wanted him to come forward and to turn in the 9 people that were doing this, because that was the 10 only way that I can insure that these people 11 weren't going to continue to bring him into this 12 type of activity. And that's why -- 13 THE COURT: It's the first towards 14 rehabilitation. 15 WITNESS3: Correct. 16 THE COURT: He did the right thing, and 17 you gave him the right advice. 18 WITNESS3: And, Your Honor, the 19 other significant factor is that he overdosed on 20 GHB once. And I wanted to Marchman Act him. And 21 he swore to me that he would never use it again, 22 and he did. And I know that he dealt because he 23 was using. 24 In the last year and a half I got my 25 brother back. Our whole family got our brother **************** 31 1 back, because he's not using and he's gotten his 2 real estate license, he's become a father. He is 3 the brother that we all knew he could become, and 4 the person that he is today. 5 THE COURT: Okay. 6 WITNESS3: So we're asking Your 7 Honor to show leniency. To understand that he 8 acknowledges that he made a mistake. He's willing 9 to face up to that. He should be punished. 10 But I'm asking that Your Honor consider 11 the positive changes that he's made in his life -- 12 THE COURT: Yes. Okay. 13 WITNESS3: -- and consider that 14 because, like I said, he is a good person and he's 15 a good father, and -- 16 THE COURT: Okay. You've covered it. 17 Thank you, counselor. 18 WITNESS3: Thank you. 19 THE COURT: All right. The next person. 20 State your name, please. 21 WITNESS4: My name is Witness4. 22 THE COURT: And what's your relationship 23 to the defendant? 24 WITNESS4: I'm his [relative]. 25 THE COURT: Yes, ma'am. **************** 32 1 WITNESS4: An in a way what I have to 2 say, I'm glad this happened -- 3 THE COURT: Sure. 4 WITNESS4: -- because right now I 5 would have lost my [relative] if it didn't happen. And I 6 have seen the difference in him in the last year. 7 And, Your Honor, he's a different person. And all 8 I can say is that I want to thank everybody for 9 helping him. 10 THE COURT: Yes, ma'am. 11 WITNESS4: Thank you. 12 THE COURT: I think you summed it up 13 well. Okay? Thank you. 14 Next person. 15 WITNESS5: Good morning, Your Honor. 16 THE COURT: Good morning, sir. What's 17 your -- your name, sir. 18 WITNESS5: My name is John Lebron, and 19 I am John's father. 20 THE COURT: All right, sir. 21 WITNESS5: And the first thing I'd 22 like to say is that the reason that he's standing 23 there is mainly due to my fault, also. Because I 24 was never a very good role model. And I also have 25 a problem, but with alcohol. And I've been **************** 33 1 fighting it now -- I've been clean and sober for 2 the last five years. 3 But I would like to thank the Court for 4 the fact that in the last year and a half when 5 they put him under my supervision -- or our 6 supervision, his [relatives and mine], we've been able 7 to notice a change in him. And we were able to 8 get to talk to him, where we had lost touch for a 9 long time. We were able to get to be able to talk 10 with him and spend time with him. And lately 11 we've been spending a lot of time together and 12 we've noticed a change in him. 13 And I would ask the Court also for 14 leniency and to take into consideration the fact 15 that -- I'm sure you hear this from everybody that 16 there is change, but I see the change in him, Your 17 Honor. And I, being addicted to alcohol, can also 18 help him -- or I've been lately working with him 19 and talking with him. And I've noticed the change 20 in him. 21 So I don't want to take anymore of your 22 time, but I'd like to thank you -- 23 THE COURT: It's all right. It's okay, 24 sir. 25 WITNESS5: Thank you very much. **************** 34 1 THE COURT: I'm pleased to have heard 2 from both you and your wife. 3 Yes, ma'am. Your name, ma'am? 4 MS. KUMER (phonetic): I'm Trisha 5 Kumer. I'm John's fiancee. 6 THE COURT: All right. 7 MS. KUMER: We've been together for two 8 years. And a little bit about me, like I don't -- 9 I don't have any family. My parents died when I 10 was really young. And I don't want my little son 11 to have a broken family. 12 I always knew he was a good person. And 13 I knew he had a drug problem, but I worked with 14 him through it, because he's such a caring, 15 sincere good person. 16 And since this incident he has changed. 17 He's become an amazing father. And he's our sole 18 supporter right now. I've had a difficult 19 pregnancy. I've had a horrible delivery. And 20 he's been there through everything with me. And 21 he's just helped me through everything physically 22 and emotionally. 23 I just ask that you have mercy on him 24 because I really need -- I really -- we need him. 25 THE COURT: Okay. Okay. I understand, **************** 35 1 ma'am. I really do. Okay? Just have a seat. 2 Thank you. You've expressed yourself. Okay? 3 Now, anything more that you want to say, 4 Mr. APPOINTED INDIGENCY ATTORNEY, or you want your client to speak? 5 MR. APPOINTED INDIGENCY ATTORNEY: Mr. Lebron will have the 6 last word. I just have a question to the Court. 7 In filing these motions after Booker, 8 this is the first time I've had an opportunity to 9 come before this Court. 10 THE COURT: Yeah. 11 MR. APPOINTED INDIGENCY ATTORNEY: I've come before other 12 Courts in this jurisdiction in Ft. Myers and 13 Ocala, and I get different answers. So I want to 14 make it clear -- 15 THE COURT: Sure. 16 MR. APPOINTED INDIGENCY ATTORNEY: -- that the -- a lot of 17 the objections that I filed, Judge Moody, for 18 instance makes me actually read them into the 19 record. He doesn't consider them part of the 20 record even though I filed them. 21 THE COURT: No. If you filed them, 22 they're -- they're part of the record here. 23 However, I need to rule on them. 24 MR. APPOINTED INDIGENCY ATTORNEY: Correct. 25 THE COURT: So if you want to specify **************** 36 1 which ones you need rulings on insofar as 2 objections are concerned, because if they relate 3 to other matters in the presentence report, we 4 have to deal with them. 5 MR. APPOINTED INDIGENCY ATTORNEY: Yes, Your Honor. The -- 6 THE COURT: And we probably should have 7 dealt with them when I talked about Item 1, Item 8 2, Item 3. 9 We went to Item 3, which was the base 10 offense level, and we dealt with it on the 11 quantity. 12 Now, what are these others and how are 13 they categorized? 14 MR. APPOINTED INDIGENCY ATTORNEY: There - -there is only one 15 other one -- 16 THE COURT: What is it? 17 MR. APPOINTED INDIGENCY ATTORNEY: -- and it deals with -- in 18 my experience, Judge -- 19 THE COURT: What is it? 20 MR. APPOINTED INDIGENCY ATTORNEY: No. -- letter C. Where it 21 says federal guidelines should not be given 22 substantial weight. 23 THE COURT: Is that your only other 24 objection? 25 MR. APPOINTED INDIGENCY ATTORNEY: Yes, Your Honor. **************** 37 1 THE COURT: MR. APPOINTED INDIGENCY ATTORNEY. Well, let me 2 mark it here on the sheet here. No. 4, going to 3 have to put it on the back page here. No. 4, 4 federal sentencing guidelines should not be given 5 substantial weight? 6 MR. APPOINTED INDIGENCY ATTORNEY: Yes, Your Honor. 7 THE COURT: Okay. And what's your 8 authority for that? 9 MR. APPOINTED INDIGENCY ATTORNEY: Well, it's my 10 understanding -- 11 THE COURT: Do you have a case law for 12 that? 13 MR. APPOINTED INDIGENCY ATTORNEY: It's more -- if you'll 14 allow me -- 15 THE COURT: Okay. 16 MR. APPOINTED INDIGENCY ATTORNEY: It's -- the United States 17 Sentencing Commission post Booker has sent out a 18 memorandum to all of the judges and the probation 19 officers and lawyers. And it advises judges to 20 give, quote, substantial weight to the guidelines. 21 Our -- my objection to that is more -- a 22 theoretical one is that if judges start giving 23 substantial weight to the guidelines, that, in 24 effect, makes them a de facto mandatory again, 25 which is against what the remedial majority told **************** 38 1 the Court not to do on January 12th. 2 So what I am asking the Court to do is 3 to just make it an equal factor, as all of the 4 other factors under 3553(a)(1) -- (3) through (7). 5 So I'm just asking it to be one of an 6 equal factor, and to the Court to give equal 7 weight to such things as what we've just heard. 8 And also the other mitigating factors such as 9 Mr. Lebron's drug abuse as an addict, his -- in 10 this case, strong educational history, which I 11 believe will lead this Court to have less concern 12 that he'll violate again, because he has legal 13 means to -- once he is released from whatever it 14 is that he's going to do for this Court, I think 15 he's less likely to come back before this Court 16 because he has perhaps options that other 17 defendants that come before this Court do not 18 have. 19 So I'm asking the Court just to -- 20 and -- and it's kind of a speculative objection, 21 because I've not been before this Court on this 22 type of hearing since January 12th. So I don't 23 know whether or not this Court will give 24 substantial weight in accordance with the 25 Sentencing Commission's instruction. If this **************** 39 1 Court does, I'm objecting to it. If it doesn't, 2 then again it's a moot objection as well. 3 THE COURT: All right. What's 4 probation's objection with regard to this, bearing 5 in mind that we have Booker, Fan-Fan indicating 6 that the guidelines are advisory? 7 PROBATION: Exactly, Your Honor. And so 8 it would be our position that the judges know 9 that, and they don't impose a mandatory. They use 10 them advisory. And whether they apply them 11 substantially or whether not, is really -- is up 12 to you. 13 THE COURT: It's a judgment call? 14 PROBATION: It's a judgement call. 15 THE COURT: It's a judgement call, just 16 like with the jury. You introduce evidence, and 17 you give it such weight, if any, as you believe it 18 deserves to have. 19 You've made your argument with regard to 20 your client and his background, and I evaluate 21 that and make a determination with regard to it. 22 Now, what's the government's position? 23 MR. PROSECUTOR: Your Honor, if I can 24 respond to a couple of things. 25 THE COURT: Sure. **************** 40 1 MR. PROSECUTOR: First, obviously, it's 2 the government's position that the guideline 3 calculation is a reasonable sentence for this 4 case. Even beyond that, if the Court were to 5 consider any factors under 3553, I still think 6 where we're ultimately winding up -- and I should 7 put on the record it's the government's position 8 that a low end sentence, even though there is no 9 plea agreement in this case. 10 The low end of the guideline range would 11 be appropriate, which under the guideline range 12 would come up to 18 months. Even under 3553, that 13 is a more than reasonable sentence in light of the 14 drug involvement of this defendant. 15 Beyond that, Your Honor, and this -- I 16 normally would not do this, but I'd be remiss if I 17 didn't say this today. This sentencing is very 18 reminiscent of a sentencing I had before Your 19 Honor with this drug, GHB. We had a defendant in 20 very similar circumstances, eventually went on 21 probation and died of an overdose. 22 And I say this to Mr. Lebron himself 23 because of two things. One, he's got very little 24 criminal history. But as a result of this first 25 prior -- today's prior, he's now a career **************** 41 1 offender. 2 THE COURT: That's right. 3 MR. PROSECUTOR: If he comes back before 4 this Court again, he will never see the light of 5 day. Two strikes. 6 THE COURT: He'll get life without 7 parole. 8 MR. PROSECUTOR: Second thing is, and it's 9 clear, he has had a problem with addiction. And 10 that's why I bring up the prior sentencing. Very 11 similar person in his circumstances. Strong 12 family, support, very bright individual who 13 couldn't beat it and wound up dying. 14 He's got to make choices in his life, 15 and those are the two things he's going to have to 16 carry with him the rest of his life. 17 So I just leave that for the record. 18 THE COURT: Okay. Well, I'm glad that 19 you did that, Mr. PROSECUTOR. And I think that his 20 family can identify with that, certainly one of 21 the people who spoke, because it's not after 5 22 years or 10 years or 15 years when you're 23 recovering from a problem. It's something with -- 24 from which you have to recover for the rest of 25 your life. And it will always be there waiting to **************** 42 1 attack you, to attack your weakness. 2 Anything else, Mr. PROSECUTOR? 3 MR. PROSECUTOR: No, Your Honor. 4 THE COURT: Anything else, Mr. APPOINTED INDIGENCY ATTORNEY? 5 MR. APPOINTED INDIGENCY ATTORNEY: As to mitigating factors, 6 I think that his family members have spoke more 7 eloquently I can. I think John -- Lebron will 8 do so as well. 9 I just ask the Court to take into 10 consideration the fact that he has been out on 11 pretrial release. And granted, he's had the 12 sledgehammer hanging over him in terms of the 13 sentencing. But I think by all accounts, this 14 gentleman has made the necessary changes. 15 And while we certainly appreciate 16 everything that Mr. PROSECUTOR has done today, and 17 we certainly appreciate -- I think everyone can 18 appreciate the kind of warning tale of the 19 gentleman before him. 20 Obviously, this Court has to look at 21 this gentleman as an individual. And I'd ask the 22 Court to take into consideration -- I think this 23 is a person who is worth a risk in terms of an 24 alternative sentence to incarceration, given 25 everything that's come before this Court, **************** 43 1 especially the last person that spoke, Ms. Kumer, 2 given her circumstances with her newborn child. 3 THE COURT: Okay. 4 MR. APPOINTED INDIGENCY ATTORNEY. And I know Mr. Lebron does 5 want to address the Court. 6 THE COURT: All right. I want -- go 7 right ahead, Mr. Lebron. 8 THE DEFENDANT: I wanted to write -- I 9 wrote this down because I'm kind of nervous. 10 THE COURT: Sure. Sure. Go ahead. 11 THE DEFENDANT: Your Honor, I want to 12 start off by saying that this is nobody's fault 13 but my own, and I know that. And looking back 14 when I was dealing drugs, I see I hurt a lot of 15 people. And I just -- I guess my visual was 16 blurred on, you know, what really mattered. 17 I know I have a drug problem, and, you 18 know, I know I need help. But this past year and 19 a half I was thinking what might happen and go to 20 prison and leave my family -- leave my family that 21 needs me. I just -- that's what hurts -- that's 22 what's hurt me the most. 23 And I've got a son now that I want to 24 spend -- you know, I want to be in his life. And 25 I am truly sorry for what I did. And I can assure **************** 44 1 you'll never see me again in this courtroom. 2 THE COURT: Okay. All right. If you 3 want to come back up here in front of the Court, 4 Mr. Lebron. 5 Now, Mr. APPOINTED INDIGENCY ATTORNEY -- 6 MR. APPOINTED INDIGENCY ATTORNEY: Yes, Your Honor. 7 THE COURT: -- do you or your client 8 have an objection if I speak with Mr. PROSECUTOR? 9 The agent's not here, is he? 10 MR. PROSECUTOR: He's not, Your Honor. 11 He's on leave. 12 THE COURT: Okay. Speak with 13 Mr. PROSECUTOR at sidebar. It will be on the 14 record, but sealed out of your presence and out of 15 the presence of your client. 16 MR. APPOINTED INDIGENCY ATTORNEY: No objection, Your Honor. 17 THE COURT: Do you have any 18 objections -- 19 MR. APPOINTED INDIGENCY ATTORNEY: Can I explain to him what 20 that means? 21 THE COURT: Yeah, sure. 22 MR. APPOINTED INDIGENCY ATTORNEY: Yes, Your Honor. No 23 objection. I've explained to my client what this 24 means. 25 THE COURT: Okay. All right. **************** 45 1 (AT WHICH TIME A SIDEBAR DISCUSSION WAS 2 HAD BETWEEN THE COURT AND GOVERNMENT COUNSEL AND 3 DEEMED SEALED BY THE COURT.) 4 THE COURT: Okay. All right. 5 Now, I'm going to ask APPOINTED INDIGENCY ATTORNEY to come 6 over here because I'm going to show him this. 7 MR. PROSECUTOR: Okay. 8 THE COURT: So it's not -- 9 MR. PROSECUTOR: Okay. 10 (AT WHICH TIME THE FOLLOWING SIDEBAR CONFERENCE 11 WAS HELD  12 THE COURT: Mr. APPOINTED INDIGENCY ATTORNEY, I want you over 13 here now. Just you with Mr. PROSECUTOR. 14 Among the things I've discussed with 15 Mr. PROSECUTOR, and I didn't want to throw this at 16 you. Are you familiar with this new case that's 17 come out from the Eleventh Circuit called McVeigh? 18 MR. APPOINTED INDIGENCY ATTORNEY: No, Your Honor. 19 THE COURT: Okay. All right. Now, let 20 me show you the McVeigh case. In a nutshell, this 21 is a 5K1.1 case -- 22 MR. APPOINTED INDIGENCY ATTORNEY: Oh, yes. I recognize -- 23 THE COURT: -- and they dropped 21 24 levels. 25 See, everybody -- see, everybody knows **************** 46 1 the facts, but they don't know the name of the 2 case. 3 And I didn't want to spring that on you. 4 But -- and I'm keeping it up here with me, because 5 when you go down the test of one, two, three, 6 four, five, and the Court's evaluation of the 7 significance and usefulness and all that rest of 8 that stuff, it's an awful lot like going down to 9 31 -- I mean, a 3553(a)(1) through (7). 10 Now, whatever I'm going to do with him, 11 I'd be more inclined to do it under the 5K1.1. 12 Because even departure under the 5K1.1, to some 13 extent additionally, I feel more comfortable with 14 because he did provide you the cooperation with 15 which he provided you. 16 And you found that critical and good to 17 yourself at the time when you had those two days 18 of arresting people left, right, and center. 19 MR. PROSECUTOR: That's correct, Your 20 Honor. 21 THE COURT: And so we're talking about 22 his timeliness. And he immediately responded to 23 that on the advice of his sister, who's a 24 lawyer -- 25 MR. PROSECUTOR: Yes, Your Honor. **************** 47 1 THE COURT: -- and all the rest of that. 2 So I'm -- I'm weighing that right now. 3 MR. APPOINTED INDIGENCY ATTORNEY: Yes, Your Honor. 4 THE COURT: Okay. Anything else? 5 MR. PROSECUTOR: No, Your Honor. 6 THE COURT: Thank you. 7 MR. APPOINTED INDIGENCY ATTORNEY: Your Honor, may I take a 8 Kleenex box to his family? 9 THE COURT: May you take a what? 10 MR. APPOINTED INDIGENCY ATTORNEY: The Kleenex box. 11 THE COURT: Sure. 12 (WHEREUPON, THE SIDEBAR DISCUSSION WAS 13 CONCLUDED AND THE PROCEEDING RESUMED AS FOLLOWS 14 THE COURT: Okay. All right. Now, it 15 is never any great pleasure for this Court to 16 sentence anyone. It's a duty that has to be 17 performed. 18 The Court takes a number of factors into 19 consideration, not the least of which is that you 20 have attempted to make amends by cooperating with 21 the government. And the Court has to evaluate the 22 significance of that cooperation. 23 And I've had discussions with 24 Mr. PROSECUTOR with regard to that at sidebar on the 25 record that is sealed. And I've also had your **************** 48 1 attorney, Mr. APPOINTED INDIGENCY ATTORNEY, over there for discussions 2 with regard to a recent court case, U.S. vs. 3 McVeigh out of the Eleventh Circuit, where 4 criteria have to be met for a substantial 5 assistance motion. 6 And I believe that Mr. PROSECUTOR has 7 satisfied me that the criteria in the McVeigh 8 case, Items 1 through 5, have been met considering 9 the timeliness of the cooperation, the extent of 10 it, especially during the two days when things 11 were going on, the completeness and truthfulness 12 and reliability of the information upon which 13 action was taken. 14 Also, the period of time that this 15 defendant has been under the supervision of his 16 family to try to make him come to grips with the 17 reality of where he is at the age of 27. 18 What is particularly alarming about 19 this, Mr. Lebron, is why you took the first step 20 to attempt to get into these drugs. Because you 21 graduated high school with a 3.57 grade point 22 average. You attended the University of south 23 Florida from '97 to 2001. 24 And that apparently was the beginning of 25 the end for you. Because once you got into that **************** 49 1 environment away from home, which I see so often, 2 parents trustingly have their children that are 3 growing into adulthood exposed to what they hope 4 is a better environment in their lives to improve 5 them, find out later on that they have exposed 6 them to not only poor associates, but to sharks 7 who feed off of their young and destroy them. 8 And there is no question that you dealt 9 with associates at that period of time that 10 ultimately resulted in you being academically 11 dismissed for your poor scholastic standing. 12 You just were not mature enough to be 13 placed in that environment to deal with that 14 problem. And as a result of it, you find yourself 15 today -- you find yourself today in the situation 16 in which you are. 17 And your lack of maturity is 18 demonstrated in the two objections which are in 19 the order that Mr. APPOINTED INDIGENCY ATTORNEY, your attorney, has 20 ably argued in protecting your interests here. 21 Your immaturity is demonstrated with regard to 22 that. And you need to realize that. 23 You're a father now. I assume that you 24 and your fiancee are going to assume the 25 responsibilities of married life, and that you are **************** 50 1 going to prepare yourself to go forward, being a 2 responsible citizen in the community. 3 You have not yet had a taste of jail. 4 You have not yet found out what is it - it's like 5 to have that jail door close and you to be 6 confined without restrictions. 7 And I have to evaluate whether or not I 8 should expose you to that or not. Now, the least 9 amount that I could give you under these 10 circumstances without getting down into this Zone 11 C, which I'm sure Mr. APPOINTED INDIGENCY ATTORNEY has explained to 12 you, is 12 months in jail. 13 And I have to figure out in my mind 14 whether that is something that you need to have so 15 you will know what it is like if you have to face 16 the rest of your life in jail without parole as a 17 career offender if you slip. 18 I also have to take into consideration 19 what I feel that impact may have upon you. 20 Because I am concerned even today about your 21 maturity. 22 Now, the only people who can control you 23 is your family. And the support of your family is 24 more critical to you than I think you maybe even 25 realize. 12 months in jail might be very damaging **************** 51 1 to you, because I'm not sure you are capable of 2 handling it. 3 I have plenty of people that I put in 4 jail that I don't have any choice about that. But 5 with you I've got a choice. I have to make up my 6 mind whether I come down under the 5K1.1, because 7 I don't think I'm going to grant it under 8 Mr. APPOINTED INDIGENCY ATTORNEY's motion. That's being denied. 9 Even in consideration of the McVeigh 10 case I have to decide whether or not instead of 11 coming down four levels, I come down seven. 12 But I want you to clearly understand and 13 I want your family to clearly understand two 14 things. If I come down that seven, your family is 15 going to have to watch you. Because if you become 16 so distraught, you might do something 17 self-destructive. 18 The second thing you might do is you 19 might go back to what has been your emotional 20 support since 19 -- what is it, '97? And that's 21 the drug culture. Now you've got to tell me. 22 That year and a half you've been out, have you 23 wanted those drugs? 24 THE DEFENDANT: Your Honor, I have -- I 25 have thought about -- you know, I have wanted **************** 52 1 those drugs -- 2 THE COURT: Sure. 3 THE DEFENDANT: -- but I know my life 4 will be better without them. 5 THE COURT: Okay. Now, you wanted them 6 and that's natural. Because they've been your 7 crutch. 8 You need anything? 9 PROBATION: No, Judge. 10 THE COURT: Okay. 11 PROBATION: I was just clarifying. Zone 12 C is going to be half the amount of time in 13 prison. 14 THE COURT: Yeah, I know. I know. I 15 know. 16 You've wanted the drugs. And when 17 you've wanted the drugs, what kind of emotional 18 state have you been in? 19 THE DEFENDANT: Just -- I don't 20 understand the question. 21 THE COURT: Well, what has caused you to 22 want the drugs? Just waking up in the morning and 23 saying, I'd like to have it? Or being near people 24 or were you confronted with crisis? 25 THE DEFENDANT: No. Mainly like if I -- **************** 53 1 if I heard somebody maybe talking about it or 2 something like that, it made me think about it. 3 And it's not that I wanted it, I needed it; it's 4 that I guess I just -- I went back and thought 5 about it. 6 THE COURT: Well, that's not -- that's 7 not unnatural. People who give up cigarettes 8 always want to smoke. It's just -- it's just 9 there. So they got to stay away from it. It 10 could be years. 11 You're going to be confronted with that 12 for years. You understand that? 13 THE DEFENDANT: Yes, Your Honor. 14 THE COURT: To answer probation's 15 question, have we got a chance of putting him 16 in -- will the Bureau of Prisons consider putting < |
