1 2 3 4

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

UNITED STATES OF AMERICA 5 6 V. 7 THOMAS JOSEPH SCHLOEDER, 8 DEFENDANT. 9 10 11 12 13 14 15 FOR THE DEFENDANT: 16 17 18 19 20 21 22 23 24 25 COURT REPORTER: APPEARANCES OF COUNSEL: FOR THE GOVERNMENT:

) DOCKET NO. 1:13-CR-47-ODE-GGB ) ) ATLANTA, GEORGIA ) JULY 10, 2013 ) ) ) ) )

TRANSCRIPT OF SENTENCING HEARING BEFORE THE HONORABLE ORINDA D. EVANS SENIOR UNITED STATES DISTRICT JUDGE

JILL E. STEINBERG ASSISTANT U. S. ATTORNEY BARRY HAZEN BERNARD S. BRODY

ANDY ASHLEY 1949 U. S. COURTHOUSE ATLANTA, GEORGIA 30303-3361 (404) 215-1478

PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY, TRANSCRIPT PRODUCED BY COMPUTER.

ANDRE G. ASHLEY, O.C.R.

2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S (ATLANTA, FULTON COUNTY, GEORGIA; JULY 10, 2013 IN OPEN COURT.) THE COURT: ALL RIGHT. IN THE CASE OF UNITED STATES I'VE READ

VERSUS SCHLOEDER, THIS IS THE SENTENCING HEARING. THE PRESENTENCE REPORT. ISSUES.

THERE ARE NO UNRESOLVED GUIDELINE

THE PRESENTENCE REPORT SHOWS THAT THE CUSTODY GUIDELINE RANGE IS FROM 97 TO 121 MONTHS WITH A 60 MONTH STATUTORY MINIMUM, CRIMINAL HISTORY CATEGORY ONE, TOTAL OFFENSE LEVEL OF 30; DOES ANYONE DISAGREE WITH THAT? MS. STEINBERG: MR. HAZEN: THE COURT: NO, YOUR HONOR.

NO, YOUR HONOR. ALL RIGHT. SO REALLY THE QUESTION IS

WHAT IS A REASONABLE SENTENCE UNDER THE FACTS OF THIS CASE, AND I'D LIKE TO HEAR FIRST FROM THE GOVERNMENT. I REALIZE YOU ALL HAD AN AGREEMENT ABOUT THIS, BUT I'D LIKE FOR YOU TO GO AHEAD AND PUT IT ON THE RECORD AND TELL ME WHAT YOU THINK JUSTIFIES THE RECOMMENDATION YOU'RE GIVING. MS. STEINBERG: YES, YOUR HONOR. AS THE COURT HAS

RECOGNIZED, THERE REALLY IS NOT A DISPUTE AS TO WHAT THE CORRECT GUIDELINE RANGE IS, AND THERE REALLY IS NOT A DISPUTE BETWEEN THE PARTIES AS TO WHAT OUR BELIEF IS WITH RESPECT TO WHAT IS REASONABLE. IT'S STIPULATED WITHIN THE PLEA DOCUMENT

ANDRE G. ASHLEY, O.C.R.

3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ITSELF THAT THE PARTIES BELIEVE THAT A SENTENCE WITHIN THE GUIDELINES IS IN FACT A REASONABLE SENTENCE UNDER THE 3553(A) FACTORS. IT'S THE GOVERNMENT'S POSITION THAT THE REASON FOR THIS IS THAT ALTHOUGH IN SOME CASE WE DO FIND OURSELVES ASKING FOR VARIANCES BELOW THE GUIDELINE RANGES IN THESE KIND OF CASES, THIS IS NOT ONE OF THOSE CASES. REASONS. THE MOST SIGNIFICANT REASON IS THE FACT THAT THE DEFENDANT IS A PREVIOUSLY CONVICTED SEX OFFENDER IN EFFECT. THAT IS NOT SOMETHING THAT IS TAKEN INTO ACCOUNT IN THE GUIDELINE CALCULATION BECAUSE OF THE AGE OF THE OFFENSE, BUT THE FACT THAT THESE TWO OFFENSES ARE SIMILAR IN TERMS OF THEM BEING CHILD EXPLOITATION OFFENSES IS PROBATIVE WITH REGARD TO THE DEFENDANT'S FUTURE DANGEROUSNESS, AND THE FACT THAT HE CONTINUES TO ENGAGE IN SIMILAR TYPE BEHAVIORS AFTER HAVING BEEN INCARCERATED ON A CHILD EXPLOITATION OFFENSE BACK WHEN HE WAS IN THE MILITARY. FOR THAT REASON, WE THINK IT'S THAT MUCH MORE IMPORTANT THAT THE DEFENDANT RECEIVE A GUIDELINE SENTENCE IN THIS PARTICULAR CASE BECAUSE THIS IS NOT A SINGULAR INCIDENT, AND I KNOW A LOT OF TIMES DEFENDANTS GET UP HERE AND SAY THIS IS A SINGULAR INCIDENT, I'M JUST SITTING IN MY HOUSE LOOKING AT THESE PICTURES. THAT'S NOT THE SITUATION WE HAVE HERE. THERE ARE A FEW

WE HAVE SOMEONE WHO ACTUALLY HAS BEEN A CONTACT

ANDRE G. ASHLEY, O.C.R.

4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OFFENDER, AND DESPITE HAVING BEEN THROUGH A SIMILAR TYPE OF SYSTEM AND HAVING BEEN PUNISHED FOR THAT CONTACT IS YET AGAIN BACK HERE IN THE SYSTEM AGAIN EXPLOITING CHILDREN. WE ALSO HAVE A SITUATION WHERE THE DEFENDANT HAS ACCUMULATED IMAGES AND VIDEOS OVER A VERY LENGTHY PERIOD OF TIME, AND THIS IS SOMETHING THAT THE SENTENCING COMMISSION HAS TALKED ABOUT IN ITS MOST RECENT ANALYSIS OF THE GUIDELINES IS LOOKING AT THINGS LIKE THAT, NOT JUST LOOKING AT IMAGE COUNTS BUT LOOKING AT THE SORT OF QUALITY OF THE CONDUCT, YOU KNOW, NOT JUST THIS PERSON HAS A HUNDRED THOUSAND IMAGES BUT THAT THEY'VE BEEN DOING IT FOR TEN YEARS. THE PRESENTENCE REPORT ACTUALLY TALKS ABOUT THIS PARTICULAR ISSUE. IT TALKS ABOUT THE FACT THAT THE DEFENDANT

ACKNOWLEDGES THAT HE HAD BEEN DOWNLOADING AND COLLECTING CHILD PORNOGRAPHY SINCE 2006. SO THIS IS A VERY LENGTHY PERIOD

OF TIME WHERE THE DEFENDANT WAS ENGAGING IN THIS KIND OF CONDUCT. SO, AGAIN, YOU DON'T HAVE A SITUATION WHERE SOMEONE SAYS, YOU KNOW, I'VE DONE IT ONCE AND YOU'VE CAUGHT ME. YOU

HAVE SOMEONE WHO IS A CONTACT OFFENDER AND SOMEONE WHO'S DONE IT, YOU KNOW, FOR SIX YEARS BEFORE HE'S IN FACT CAUGHT AND STOPPED. HE HAS A VERY EXTENSIVE COLLECTION. OBVIOUSLY

NUMBERS ALONE ARE NOT ALWAYS PROBATIVE AS WE FIND BECAUSE SOMEONE COULD HAVE THESE MASS DOWNLOADS, BUT IN THIS CASE WE

ANDRE G. ASHLEY, O.C.R.

5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HAVE SOMEONE WHO HAS IT ON TWO, AT LEAST TWO, IF NOT MORE, PIECES OF COMPUTER EQUIPMENT. SO WE DON'T HAVE PORNOGRAPHY JUST ON HIS DESKTOP COMPUTER FOR EXAMPLE. WE ALSO HAVE IT ON AN EXTERNAL HARD

DRIVE WHICH SHOWS HIM BASICALLY MOVING IT FROM PLACE TO PLACE, VERY DELIBERATE ACTIVITY ON HIS PART, AND THERE'S A LARGE QUANTITY OF IT. YOU ALSO HAVE A SITUATION WHERE YOU HAVE AN INDIVIDUAL WHO IS JUST NOT COLLECTING CHILD PORNOGRAPHY, BUT ALSO SOME OF HIS COLLECTING CHILD PORNOGRAPHY IS EXTREMELY YOUNG CHILDREN. THERE ARE EXAMPLES IN THE PSR OF INFANTS WHICH THERE IS AN EXAMPLE, AN EXAMPLE THAT'S

IS TRULY EXTRAORDINARY.

GIVEN OF A FOUR TO FIVE MONTH OLD INFANT WITH A PENIS BEING FORCED INTO HIS MOUTH. THAT'S EGREGIOUS.

ALL THESE CASES ARE BAD, BUT THESE KIND OF EXAMPLES, THE KINDS OF THINGS THAT THE DEFENDANT COLLECTED ARE JUST PARTICULARLY AWFUL. THERE'S AN EXAMPLE IN PARAGRAPH 20 OF

ACTUALLY A BESTIALITY VIDEO OF A CHILD AND A DOG. IT IS FOR THESE VARIOUS REASONS THAT IN THIS CASE THE GOVERNMENT IS ASKING THE COURT TO IMPOSE A GUIDELINE SENTENCE, EVEN THOUGH PERHAPS IN SOME OF OUR OTHER CHILD PORNOGRAPHY CASES YOU FIND YOURSELF CONFRONTED WITH THE SITUATION WHERE THE PARTIES ARE ASKING FOR SOMETHING LESS THAN THAT, AND FOR THAT REASON AND CONSISTENT WITH THE RECOMMENDATION WE MADE IN THE PLEA AGREEMENT, WE'RE ASKING FOR THE COURT TO IMPOSE A SENTENCE

ANDRE G. ASHLEY, O.C.R.

6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AT THE LOW END OF THE GUIDELINE RANGE. THE COURT: THANK YOU. MR. HAZEN, WHAT WOULD A

REASONABLE SENTENCE BE? MR. HAZEN: MONTHS, YOUR HONOR. I THINK THE REASONABLE SENTENCE IS THE 97 THIS IS NOT A CASE WHERE WE'VE COME IN AND

ASKED FOR A DOWNWARD DEPARTURE FROM THE GUIDELINE RANGE, AND I WOULD CONCUR, IT IS WHAT IT IS. VIDEOS. WE KNOW WHAT'S ON THESE HE WAS VIEWING

WE KNOW THERE WERE A LOT OF VIDEOS.

THESE VIDEOS. FORTUNATELY THERE'S NO INDICATION THAT HE DISTRIBUTED THEM TO ANYONE, AND I UNDERSTAND EVERY TIME IT'S LOOKED AT SOMEBODY IS VICTIMIZED. I GET THAT, AND HE GETS THAT, TOO.

WHEN HE WAS CONFRONTED BY THE POLICE WHEN THEY CAME TO HIS HOUSE, HE IMMEDIATELY ACKNOWLEDGED HIS ROLE IN THIS AND INDICATED THAT THE PERSON WITH WHOM HE LIVES HAD NO ROLE IN THIS. HE'S ACCEPTED RESPONSIBILITY FOR THIS FROM THE VERY

BEGINNING, AND FOR WHATEVER IT'S WORTH BEGAN TO GET THERAPY FOR THIS WITH DR. DAVIS, AND THAT'S REFERENCED IN THE PRESENTENCE REPORT. I REALIZE HE'S NOT GOING TO BE ABLE TO CONTINUE WITH DR. DAVIS OVER A LONG PERIOD OF TIME BECAUSE HE'S GOING TO BE INCARCERATED, BUT HE TRIED TO DO AT LEAST WHAT HE COULD DO IN THE LIMITED TIME HE HAD. NINETY-SEVEN MONTHS IS A LONG TIME PARTICULARLY WHEN ONE IS IN HIS LATE 40'S. HE'S GOING TO BE, YOU KNOW,

ANDRE G. ASHLEY, O.C.R.

7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOW. APPROACHING BEING AN ELDERLY MAN WHEN HE GETS OUT, AND HE UNDERSTANDS THAT. HE'S ACCEPTED RESPONSIBILITY FOR IT, AND I

WOULD -- AGAIN, WE'RE NOT COMING IN ASKING FOR LESS THAN 97, BUT I GUESS WHAT WE ARE ASKING FOR IS NOT TO GO ABOVE THE 97 MONTHS. THE COURT: THANK YOU. MR. SCHLOEDER, WOULD YOU COME

ON UP TO THE PODIUM PLEASE.

WOULD YOU LIKE TO MAKE A STATEMENT

BEFORE I IMPOSE THE SENTENCE? THE DEFENDANT: THE ONLY THING I WOULD LIKE TO

ACKNOWLEDGE IS WHAT I'VE DONE BEFORE IS I ACCEPT MY RESPONSIBILITY TO THIS. I ACCEPT MY GUILT. I'M VERY, VERY

HEARTILY SORRY ESPECIALLY FOR THE VICTIMS IN THESE CASES. IT IS SOMETHING THAT I'M GETTING THERAPY FOR. I WISH

THE THERAPY TO CONTINUE, AND I WISH TO COME OUT OF THIS AS A BETTER PERSON AND REHABILITATED AND JUST OVERALL A BETTER HUMAN AS A RESULT OF THIS, AND I'M VERY SORRY FOR ANY HARM THAT CAME TO ANY OF THE VICTIMS IN THESE PICTURES THAT WERE DEPICTED, AND THAT'S ALL, YOUR HONOR. THE COURT: THANK YOU. STAY RIGHT WHERE YOU ARE IN

I STRUGGLED A BIT WITH THE DECISION ON THIS SENTENCE.

A CASE LIKE THIS ONE, MY BIGGEST CONCERN IS PROTECTING THE PUBLIC, AND THE FACT OF THAT OLD CONVICTION DOES WORRY ME. IN MANY OF THESE CASES, PORNOGRAPHY CASES, YOU DON'T HAVE A DEFENDANT WITH ANY PRIORS, ANY PRIOR CONVICTIONS, OR MAYBE NOT EVEN ANY PRIOR BRUSHES WITH THE LAW, BUT THIS IS

ANDRE G. ASHLEY, O.C.R.

8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OBVIOUSLY A CASE WHERE YOU DO HAVE A PRIOR CONVICTION FOR A SEX OFFENSE INVOLVING ACTUAL CONTACT WITH A MINOR. SO HONESTLY I

THOUGHT ABOUT GOING ABOVE THE 97 MONTHS, BUT I'LL HONOR THE JOINT REQUEST OF THE GOVERNMENT AND THE DEFENSE FOR THE 97 MONTH SENTENCE. SO THE SENTENCE IS THIS. YOU'RE COMMITTED TO THE

CUSTODY OF THE BUREAU OF PRISONS TO BE IMPRISONED FOR A TERM OF 97 MONTHS. YOU SHALL PAY THE UNITED STATES A SPECIAL

ASSESSMENT OF A HUNDRED DOLLARS WHICH IS DUE IMMEDIATELY. YOU SHALL PAY THE UNITED STATES A FINE IN THE AMOUNT OF 75,000 DOLLARS. IMMEDIATELY. THAT FINE IS DUE AND PAYABLE

IF IT IS NOT PAID IMMEDIATELY, THEN YOU SHALL

MAKE FINE PAYMENTS FROM ANY WAGES YOU MAY EARN IN PRISON IN ACCORDANCE WITH THE BUREAU OF PRISONS' FINANCIAL RESPONSIBILITY PROGRAM. IF YOU DON'T PAY OFF THE FINE BY THE TIME YOU GET OUT OF PRISON, IT WILL BECOME A CONDITION OF SUPERVISED RELEASE AND BE PAID AT A MONTHLY RATE OF AT LEAST 500 DOLLARS. NOW THAT

500 DOLLARS COULD GO UP OR DOWN DEPENDING ON WHAT YOUR ABILITY TO PAY IS WHEN YOU GET OUT OF PRISON, BUT I'M SETTING IT RIGHT NOW AT 500. ALTHOUGH, AS I SAID, THE FINE IS DUE AND PAYABLE

IMMEDIATELY, AND HAVING LOOKED AT YOUR FINANCIAL INFORMATION IN THE PRESENTENCE REPORT, IT WOULD APPEAR TO ME THAT YOU COULD PAY IT IMMEDIATELY. WHEN YOU GET OUT OF PRISON, YOU'LL BE PLACED ON

ANDRE G. ASHLEY, O.C.R.

9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUPERVISED RELEASE FOR A TERM OF LIFE. WITHIN 72 HOURS OF

RELEASE FROM THE CUSTODY OF THE BUREAU OF PRISONS YOU SHALL REPORT IN PERSON TO THE PROBATION OFFICE IN THE DISTRICT TO WHICH YOU ARE RELEASED. WHILE ON SUPERVISED RELEASE YOU SHALL NOT COMMIT ANOTHER FEDERAL, STATE OR LOCAL CRIME. YOU SHALL COMPLY

WITH THE STANDARD CONDITIONS THAT HAVE BEEN ADOPTED BY THIS COURT, AND YOU SHALL COMPLY WITH THE FOLLOWING ADDITIONAL CONDITIONS. FIRST, YOU SHALL SUBMIT TO DRUG TESTING IF DIRECTED TO DO SO BY YOUR PROBATION OFFICER. YOU SHALL PARTICIPATE IN

DNA TESTING IF DIRECTED TO DO SO BY YOUR PROBATION OFFICER. YOU SHALL NOT OWN, POSSESS OR HAVE UNDER YOUR CONTROL ANY FIREARM, DANGEROUS WEAPON OR OTHER DESTRUCTIVE DEVICE. YOU

SHALL SUBMIT TO A SEARCH OF YOUR PERSON, PROPERTY, RESIDENCE, OFFICE OR VEHICLE AT THE REQUEST OF YOUR PROBATION OFFICER. IN ADDITION IF YOU'RE REQUESTED TO DO SO BY YOUR PROBATION OFFICER, YOU SHALL SUBMIT TO SEARCH ANY VEHICLE, PAPERS, COMPUTER, OTHER ELECTRONIC COMMUNICATION OR DATA STORAGE DEVICES OR MEDIA AND SUCH EFFECTS TO SEARCH AT ANY TIME. NEXT YOU SHALL COMPLY WITH THE REQUIREMENTS OF THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT AS DIRECTED BY YOUR PROBATION OFFICER, THE BUREAU OF PRISONS OR ANY STATE OR FEDERAL SEX OFFENDER REGISTRATION AGENCY IN ANY STATE IN WHICH

ANDRE G. ASHLEY, O.C.R.

10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 YOU RESIDE, WORK OR ARE A STUDENT. NEXT, YOU SHALL SUBMIT TO A PSYCHOSEXUAL EVALUATION WHICH MAY INCLUDE POLYGRAPH EXAMINATIONS, PLETHYSMOGRAPH TESTING OR OTHER PHYSIOLOGICAL TESTING IF REQUESTED BY YOUR PROBATION OFFICER. YOU SHALL PARTICIPATE IN A SEX OFFENDER TREATMENT PROGRAM AND ABIDE BY THE POLICIES AND PROCEDURES OF THE PROGRAM AS DETERMINED BY YOUR PROBATION OFFICER. IF YOU ARE ABLE TO DO

SO, YOU SHALL CONTRIBUTE TO THE COST OF THE SERVICES FOR SUCH TREATMENT. NEXT YOU SHALL NOT HAVE ANY CONTACT, DIRECT OR INDIRECT, WITH ANY VICTIM OR THE VICTIM'S FAMILY UNLESS SPECIFIC WRITTEN AUTHORIZATION FOR SUCH CONDUCT IS RECEIVED IN ADVANCE FROM YOUR PROBATION OFFICER, AND I GUESS I SHOULD HAVE SAID YOU SHOULD NOT HAVE ANY KNOWING CONTACT. PROBABLY YOU THE

DON'T KNOW WHO ALL THESE PEOPLE -- I'M SURE YOU DON'T. YOUNG PEOPLE DEPICTED IN THE PHOTOGRAPHS.

SO YOU SHALL NOT

HAVE ANY KNOWING CONTACT WITH ANY VICTIM OR VICTIMS UNLESS YOU HAVE SPECIFIC WRITTEN AUTHORIZATION IN ADVANCE FROM YOUR PROBATION OFFICER. NEXT, TO ENSURE THAT YOU'RE IN COMPLIANCE WITH THE LAW, YOUR RESIDENCE AND EMPLOYMENT MUST BE PREAPPROVED BY YOUR PROBATION OFFICER. NEXT, YOU SHALL NOT HAVE ANY CONTACT WITH ANY PERSON UNDER THE AGE OF 18 WITHOUT THE PRIOR WRITTEN PERMISSION OF THE

ANDRE G. ASHLEY, O.C.R.

11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HAZEN? MR. HAZEN: THE COURT: I HAVE NONE, YOUR HONOR. ANY FROM THE GOVERNMENT? NO, YOUR HONOR. PROBATION OFFICER PROVIDED, HOWEVER, THAT THIS RESTRICTION IS NOT VIOLATED BY INCIDENTAL CONTACT WITH PERSONS UNDER THE AGE OF 18 AT PLACES OPEN TO THE GENERAL PUBLIC. FINALLY, YOU SHALL NOT POSSESS OR HAVE UNDER YOUR CONTROL ANY PORNOGRAPHIC MATERIAL, INCLUDING ANY VISUAL, AUDITORY, TELEPHONIC OR ELECTRONIC FORM OF SUCH MATERIAL. THE 3553 FACTORS THAT I THOUGHT ABOUT IN ARRIVING AT THIS SENTENCE ARE, FIRST, THE NEED TO PROTECT THE PUBLIC. SECONDLY, DETERRENCE OF THE DEFENDANT AND REHABILITATION AND PUNISHMENT. WOULD YOU STATE ANY EXCEPTIONS YOU MAY HAVE, MR.

MS. STEINBERG: THE COURT: SURRENDER. MS. STEINBERG:

IS THERE ANY OBJECTION TO VOLUNTARY

NO, YOUR HONOR, THERE'S NOT.

MY

UNDERSTANDING IS THAT THERE'S BEEN COMPLIANCE WITH THE CONDITIONS OF HIS BOND, AT LEAST I'VE NOT BEEN NOTIFIED OF ANY SUCH VIOLATIONS, AND FOR THAT REASON WE DO NOT HAVE OPPOSITION TO HIM TURNING HIMSELF IN. THE COURT: NOW, I GOT SOMETHING, IT MAY HAVE BEEN YOU WILL BE

FROM THE MARSHAL'S OFFICE, TO THE EFFECT OF THIS.

NOTIFIED, MR. SCHLOEDER, OF WHERE TO GO TO SERVE YOUR

ANDRE G. ASHLEY, O.C.R.

12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SENTENCE. NOW. I HAVE BEEN -- THE MARSHAL SERVICE HAS ASKED ME TO DIRECT YOU TO GO TO THE MARSHAL'S OFFICE BEFORE YOU GO TO THE PRISON TO HAVE THE ELECTRONIC DEVICE REMOVED BECAUSE THE BUREAU OF PRISONS HAS SOME DIFFICULTY, I'M NOT SURE WHAT, IN DOING THAT ITSELF. SO I'M TELLING YOU NOW THAT BEFORE YOU ACTUALLY NOW YOU ARE SUBJECT TO ELECTRONIC MONITORING RIGHT

LEAVE ATLANTA TO REPORT TO THE PRISON, YOU NEED TO GO BY THE MARSHAL SERVICE FACILITY HERE IN THIS BUILDING AND HAVE THEM DISCONNECT THE MONITOR. I'M REQUIRED BY LAW TO ADVISE EVERY DEFENDANT I SENTENCE OF THE APPEAL RIGHTS. I REALIZE THAT'S TECHNICAL IN

YOUR CASE BECAUSE I HAVE ACTUALLY GIVEN YOU THE SENTENCE THAT YOU ASKED FOR, AND THERE'S NO OBJECTION TO IT, AND ALSO UNDER YOUR PLEA AGREEMENT, I THINK THERE'S PROBABLY NO APPEAL RIGHT IN THIS PARTICULAR CASE, BUT IN ORDER TO COMPLY WITH THIS CIRCUIT'S REQUIREMENTS, I'M ADVISING NOW THAT A DEFENDANT GENERALLY HAS THE RIGHT TO APPEAL HIS CONVICTION. ANY NOTICE

OF APPEAL MUST BE FILED WITHIN 14 DAYS OF DATE OF ENTRY OF THE JUDGMENT. DAYS. ALSO IF YOU ARE ABLE TO APPEAL AND COULD NOT AFFORD COUNSEL FOR AN APPEAL, I WOULD APPOINT COUNSEL WHO WOULD REPRESENT YOU AT NO EXPENSE TO YOU ON APPEAL. NOW IF WHAT I'VE THE JUDGMENT WILL BE ENTERED IN THE NEXT FEW

JUST TOLD YOU IS CONFUSING, PLEASE CONSULT YOUR LAWYER ABOUT

ANDRE G. ASHLEY, O.C.R.

13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ELDERLY. IT. IS THERE ANYTHING ELSE FOR TODAY, COUNSEL? MR. HAZEN: WE HAVE TWO THINGS, YOUR HONOR. ONE IS I

REALIZE IT'S NOT BINDING BUT IF THE COURT COULD RECOMMEND THAT HIS PLACE OF INCARCERATION BE AS CLOSE TO ATLANTA AS POSSIBLE. REMEMBER HE DOES HAVE A PARTNER MR. JACKSON IN THE BACK OF THE COURTROOM, AND I ANTICIPATE THEY'RE GOING TO STAY TOGETHER. IF THE COURT COULD RECOMMEND HE BE AS CLOSE TO ATLANTA AS POSSIBLE THAT WOULD HELP. THE COURT: MR. HAZEN: I WILL RECOMMEND THAT. AND THE OTHER THING IS I DON'T KNOW IF SO

THE COURT RECALLS BUT THE LAST TIME WE WERE HERE WE ASKED THAT HE BE ABLE TO TRAVEL TO SEE HIS MOTHER AND HE DID. WEST. HE WENT OUT

HE SAW HIS MOTHER FOR A FEW DAYS, CAME BACK, AND THERE

WAS NO PROBLEM. HE WAS NOT ABLE TO SEE MR. JACKSON'S MOTHER WHO'S SHE LIVES IN KENTUCKY, AND HE HAS ASKED ME TO ASK THE

COURT IF THE COURT WOULD BE INCLINED TO GRANT HIM PERMISSION TO GO TO KENTUCKY. SEE HER. THEY WANT TO GO FOR THREE NIGHTS TO BE ABLE TO

IT'S LIKELY TO BE, UNFORTUNATELY, THE LAST TIME THEY SHE IS ELDERLY AND IN POOR HEALTH, AND SO

EVER SEE EACH OTHER.

WE'RE ASKING IF THE COURT WOULD BE INCLINED TO CONSIDER THAT. THE COURT: POSITION ON THAT? MS. STEINBERG: YOUR HONOR, I THINK WHEN WE HAD THIS DOES THE GOVERNMENT WANT TO TAKE A

ANDRE G. ASHLEY, O.C.R.

14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DISCUSSION PREVIOUSLY, WE HAD AGREED THAT THE DEFENDANT COULD IN FACT TRAVEL TO SEE BOTH SIDES. SO I DON'T KNOW THAT THE

LEVEL OF CONCERN WOULD BE DIFFERENT TODAY THAN IT WOULD BE BEFORE. I DON'T THINK I HAVE ANY REASON TO BELIEVE HE IS MORE

OF A DANGER AS HE STANDS HERE TODAY THAN HE WAS THE LAST TIME WE DISCUSSED IT. SO I'M NOT GOING TO INTERPOSE AN OBJECTION

UNLESS THERE'S SOMETHING HIS SUPERVISING PROBATION OFFICER HAS A CONCERN ABOUT. I KNOW THAT I HAVEN'T BEEN NOTIFIED ABOUT ANY ISSUES WITH RESPECT TO HIS TRAVEL OR ANY VIOLATION OF HIS BOND CONDITIONS. IT. SO THAT'S THE REASON WHY I'M NOT CONCERNED ABOUT

TO THE EXTENT THERE MIGHT BE AN ISSUE THAT HAS NOT

SURFACED, I DON'T KNOW. I FEEL LIKE I DON'T HAVE ALL THE INFORMATION THAT I MIGHT HAVE AVAILABLE TO MAKE THAT KIND OF DECISION, BUT I HAVE NOT BEEN NOTIFIED OF ANY ISSUES. SO BASED ON WHAT I KNOW, I

DON'T FEEL LIKE I CAN REALLY INTERPOSE AN OBJECTION TO IT BEYOND WHAT WE DISCUSSED PREVIOUSLY. THE COURT: MR. HAZEN: THE COURT: MR. HAZEN: HOW OLD IS THE LADY WE'RE TALKING ABOUT? EIGHTY-EIGHT. I MEAN IS SHE ABLE TO TRAVEL? MARK, CAN SHE TRAVEL? MAY I SPEAK?

MR. JACKSON: THE COURT:

YES. MY MOTHER IS BASICALLY CONFINED TO A

MR. JACKSON:

ANDRE G. ASHLEY, O.C.R.

15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IDEA. FRANKLY. WHEELCHAIR BECAUSE OF SEVERE ARTHRITIS. SHE IS STARTING WITH SHE IS UNDER A

DEMENTIA, AND SHE'S FALLEN TWO TIMES RECENTLY. DOCTOR'S CARE.

MY COUSINS FROM CONNECTICUT DON'T THINK SHE'S

GOING TO LIVE THROUGH THE REST OF THE YEAR. THE COURT: WHY WASN'T THIS DONE EARLIER? WE TALKED

ABOUT VISITS, AND SO -MR. HAZEN: THE COURT: WE DID BUT -I THINK THAT WAS THE UNDERSTANDING THAT

BOTH OF THESE VISITS WOULD BE ACCOMPLISHED IN ONE TIMEFRAME. MR. HAZEN: PERMITTED. THE PROBLEM WE RAN INTO IS IT WASN'T

HE WAS GIVEN A CHOICE ONE OR THE OTHER. WAS THAT WHAT WE DID? I DON'T REMEMBER

THE COURT:

IS THAT WHAT WE DISCUSSED THE LAST TIME? MR. HAZEN: HIS PROBATION OFFICER SAID TAKE YOUR

PICK, AND SO HE WENT TO SEE HIS OWN MOM, AND WE DECIDED THAT PROBABLY THE BEST THING TO DO IS WAIT UNTIL WE'RE HERE TODAY TO PRESENT IT TO YOUR HONOR. THE COURT: OKAY. HONESTLY I DON'T THINK IT'S A GOOD I DIDN'T

I THINK IT'S JUST TOO LATE IN THE PROCEEDINGS.

REALIZE EARLIER THAT THERE WAS A PROBLEM, BUT I GENERALLY THINK ONCE THE SENTENCE HAS BEEN IMPOSED, IT'S TIME TO MOVE ON. WILL DENY YOUR REQUEST. MS. STEINBERG: THE COURT: ANYTHING ELSE? NOTHING FROM THE GOVERNMENT. SO I

THANK YOU, LADIES AND GENTLEMEN.

(PROCEEDINGS CONCLUDED.)

ANDRE G. ASHLEY, O.C.R.

16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ANDRE G. ASHLEY OFFICIAL COURT REPORTER NORTHERN DISTRICT OF GEORGIA I, ANDRE G. ASHLEY, DO HEREBY CERTIFY THAT I AM A U.S. DISTRICT REPORTER FOR THE NORTHERN DISTRICT OF GEORGIA, THAT I REPORTED THE FOREGOING AND THE SAME IS A TRUE AND ACCURATE TRANSCRIPTION OF MY MACHINE SHORTHAND NOTES AS TAKEN AFORESAID. IN TESTIMONY WHEREOF I HAVE HEREUNTO SET MY HAND ON THIS 12TH DAY OF JULY, 2013. UNITED STATES OF AMERICA NORTHERN DISTRICT OF GEORGIA C-E-R-T-I-F-I-C-A-T-E

ANDRE G. ASHLEY, O.C.R.