Tills Proceedings Before Judge Transcript

Case 1:08-cr-00242-WMS Document 6 Filed 09/18/2008 Page 1 of 28
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK
-------------------------------------
UNITED STATES OF AMERICA,
-vs- 08-CR-242S
RONALD TILLS,
Defendant.
-------------------------------------
Proceedings held before the
Honorable William M. Skretny, Part IV,
U.S. Courthouse, 68 Court Street,
Buffalo, New York on September 4, 2008.
APPEARANCES:
ROBERT C. MOSCATI,
Assistant United States Attorney,
Appearing for the United States.
TERRENCE M. CONNORS, ESQ.,and

AMY MARTOCHE, ESQ.,
Appearing for Defendant.
Michelle L. McLaughlin, RPR,

Official Reporter,
U.S.D.C. W.D.N.Y.
(716)332-3560
2
1 THE CLERK: United States of America
2 versus Ronald Tills.
3 THE COURT: If you take a station at the
4 podium please, I'd appreciate that. Mr. Moscati, I
5 take it you're here to represent the government?
6 MR. MOSCATI: I am, your Honor.
7 THE COURT: You're ready?
8 MR. MOSCATI: Yes, Judge.
9 THE COURT: This is set for the taking of
10 a plea pursuant to a plea agreement.
11 MR. MOSCATI: Yes, your Honor.
12 THE COURT: All right. Mr. Connors for
13 the defense.
14 MR. CONNORS: Good morning, your Honor.
15 Terry Connors and Amy C. Martoche appearing for
16 Mr. Tills.
17 THE COURT: Okay. Good morning to both of
18 you. You are Ronald H. Tills, correct?
19 THE DEFENDANT: Yes, I am.
20 THE COURT: You're ready to proceed?
22 THE COURT: The defense is then ready, Mr.
23 Connors?
24 MR. CONNORS: We are, your Honor.
25 THE COURT: Miss Martoche?

3
1 MS. MARTOCHE: Yes, your Honor.
2 THE COURT: All right. You should have
3 three documents in front of you, and I know you
4 were here for the last plea, and, frankly, the plea
5 proceedings will be tailored along those very same
6 lines, just so that we touch all the bases that the
7 law requires, and I'm confident, Mr. Tills, that
8 what I will go through with you will not be new in
9 any respect. But if by chance you want further
10 explanation, just let me know. You and I will talk
11 about it on the record here in open court, or I
12 will give you whatever time you need to further
13 discuss this matter with your attorneys. Do you
14 understand?
15 THE DEFENDANT: Yes, your Honor.
16 THE COURT: Okay. You should have three
17 documents in front of you, waiver of indictment
18 form, a criminal information document, which is a
19 one-count charge, and a plea agreement document
20 which consists of multiple pages. I think there
21 are by my count 20, but that includes the signature
22 page in that particular document. I take it that
23 you have read and reviewed and discussed those
24 particular documents?
25 THE DEFENDANT: Yes, I have, your Honor.

4
1 THE COURT: Okay. You're comfortable with
2 your understanding of them?
4 THE COURT: Okay. You listened to your
5 attorney's legal advice?
6 THE DEFENDANT: Yes, I have.
7 THE COURT: You've taken that into account
8 and consideration?
9 THE DEFENDANT: Yes, I have, sir.
10 THE COURT: Are you satisfied with your
11 lawyers?
12 THE DEFENDANT: Certainly am.
13 THE COURT: Mr. Connors, any reservations
14 about your client's understanding of the terms,
15 conditions, or possible consequences that he faces
16 in connection with this proceeding?
17 MR. CONNORS: I do not have any, your
18 Honor.
19 THE COURT: How about his competency to
20 proceed forward?
21 MR. CONNORS: I have no reservations about
22 that either.
23 THE COURT: Miss Labuzzetta, will you put
24 Mr. Tills under oath.
25 (Defendant sworn.)
5
1 THE COURT: All right. Mr. Tills, we're
2 going to start with the recitation of your rights.
3 The law requires that I at least address three
4 rights that will attach to you until this case is
5 complete in all respects. First, you have the
6 right to be represented by an attorney or attorneys
7 that you hire at your own expense. You seem to
8 have done that, you've retained your own lawyers,
9 correct?
10 THE DEFENDANT: Yes.
11 THE COURT: But like anybody else, if you
12 were unable to afford legal representation and you
13 qualified under federal law, having made an
14 application, you would get the benefit of a federal
15 public defender or an assigned attorney with
16 federal defense expertise in federal court. The
17 other right that you have is to represent yourself.
18 And that's not always the best way to go. There's
19 old adages that apply to that. Also the fact of
20 the matter is it gets a little bit dicey and a
21 little bit complicated when it comes to plea
22 agreements and sentencing exposure. But that is,
23 nevertheless, your absolute right. But keep in
24 mind that whichever way you choose to go, if it
25 plays out where you retain your attorneys

6
1 throughout the proceedings, either you or they or
2 any one of the two, can file and would be required
3 to file a Notice of Appeal within ten days after I
4 complete your sentencing in order to make you
5 appeal eligible. Do you understand those rights?
6 THE DEFENDANT: Yes, sir.
7 THE COURT: Okay. You are under oath, so
8 I expect that you will give me truthful answers to
9 my questions. If you don't, if you make a false
10 statement, that can be another federal crime. If
11 you lie under oath, similarly, that can be another
12 federal crime. Do you understand that?
13 THE DEFENDANT: It's my understanding,
14 sir.
15 THE COURT: Okay. Let's start with how
16 old are you?
17 THE DEFENDANT: I'm 73 years old.
18 THE COURT: Married, single?
19 THE DEFENDANT: Married.
20 THE COURT: All right. Children?
21 THE DEFENDANT: Two children.
22 THE COURT: All right. And where were you
23 born?
24 THE DEFENDANT: I was born in Buffalo, New
25 York.
7
1 THE COURT: What's the highest grade of
2 school you have completed?
3 THE DEFENDANT: Pardon?
4 THE COURT: What's the highest grade of
5 school you have completed?
6 THE DEFENDANT: Twelfth grade in high
7 school, and LLP at law school University of
8 Buffalo.
9 THE COURT: So within reason you read,
10 write, understand the English language, is that
11 correct?
12 THE DEFENDANT: Yes, I do.
13 THE COURT: Any difficulty understanding
14 me?
15 THE DEFENDANT: Not a bit.
16 THE COURT: Any difficulty understanding
17 your lawyers?
19 THE COURT: Are you comfortable with your
20 understanding of at least the three documents that
21 you have before you?
23 THE COURT: Okay. You came here today
24 from where?
25 THE DEFENDANT: From Hamburg, New York.

8
1 THE COURT: Is that your home?
2 THE DEFENDANT: Yes, it is.
3 THE COURT: Did you have any drugs or
4 alcohol today?
5 THE DEFENDANT: No, I did not.
6 THE COURT: Do you take any medications of
7 any kind, prescription or non-prescription.
8 THE DEFENDANT: I take prescription drugs.
9 THE COURT: Did you take them today?
10 THE DEFENDANT: Yes, I did.
11 THE COURT: Tell me what you took.
12 THE DEFENDANT: If I could look at my
13 sheet that I normally have ready for -- I took this
14 morning Altace 10 milligrams, Toprol
15 100 milligrams, Ranitidine 150 milligrams, aspirin
16 81 milligrams, and amlodipine 10 milligrams.
17 THE COURT: You took all four of those
18 medications this morning?
20 THE COURT: All right. That's your normal
21 sequence, is that a fair statement?
22 THE DEFENDANT: That is correct.
23 THE COURT: And generally speaking, do
24 they interfere with your ability to understand or
25 make decisions?
9
2 THE COURT: Anything have to do with the
3 taking of medications, Mr. Connors, that leads you
4 to believe that your client has not understood your
5 legal advice in connection with proceeding forward
6 today?
7 MR. CONNORS: No, your Honor.
8 THE COURT: Okay. Let's go to the
9 documents in this case first, Mr. Tills. And we'll
10 talk about the waiver form. We're going to talk
11 about your trial right. But from the waiver
12 standpoint, I take it that this is your signature
13 on the waiver of indictment form?
14 THE DEFENDANT: Yes, it is, sir.
15 THE COURT: And you advised -- you were
16 advised to sign?
17 THE DEFENDANT: Yes.
18 THE COURT: Mr. Connors, you signed and
19 advised your client to sign?
20 MR. CONNORS: I did, your Honor.
21 THE COURT: Okay. And you know that what
22 you've done is in effect given up your grand jury
23 right. Twenty-three people would normally hear
24 evidence in a felony charge case, which this is.
25 It's a charge punishable by more than one year in

10
1 jail, and given that the grand jury could decide
2 to, after hearing evidence from the prosecutor, to
3 return this charge, other charges, maybe less
4 serious, more serious, or none at all, so I mean
5 you're giving up that at least that hope. You
6 understand that, right?
8 THE COURT: I will sign this particular
9 document and the waiver form and make it a part of
10 the record. That enables us to proceed on the
11 basis of the criminal information in this case,
12 which is a one-count document.
13 You signed it, Mr. Moscati, for the United
14 States attorney with his authorization?
15 MR. MOSCATI: I did, your Honor.
16 THE COURT: And if you would follow along
17 with me then, Mr. Tills, that charge reads that in
18 or about October of 2005 in this district and
19 elsewhere you knowingly transported the woman in
20 interstate commerce with the intent that she engage
21 in prostitution in violation of federal law, namely
22 Sections 2421 and Section 2 of Title 18, do you
23 understand that charge?
25 THE COURT: Okay. I'll make it a part of

11
1 the record then. Let's go into the plea agreement.
2 We're going to talk about your trial right too, and
3 we'll get to the factual basis statement as well.
4 While you were in the gallery, I just called out to
5 the prosecutor and asked him to be prepared to give
6 me a short synopsis statement of the proof that the
7 government would introduce at trial, and he's
8 prepared to do that. I think it should capsulize
9 what's in the factual basis statement. Or the
10 prosecutor may defer to what is written out there,
11 but just so you know.
12 Let's talk about the plea agreement document.
13 We're going to start with Section 1, paragraph 1
14 page 1, and referenced there is the charge and
15 information that we just reviewed, and it sets
16 forth what the penalty is, and this charge carries
17 with it a maximum penalty of ten years, a fine of
18 $250,000, a mandatory 100-dollar special
19 assessment, that's the cost of doing business on a
20 felony charge in federal court, and supervised
21 release of at least five years, and as long as up
22 to life. Do you understand?
23 THE DEFENDANT: Yes, sir.
24 THE COURT: Okay. It's a lot of time,
25 right?
12
1 THE DEFENDANT: Yes, it is.
2 THE COURT: All right. Supervised release
3 you know what that is, I take it, right?
4 THE DEFENDANT: Yes, I do, your Honor.
5 THE COURT: And the long and short of it
6 is that were there to be jail time in this case,
7 and I would make conditions a part of your
8 sentence, that is your sentence, and if you
9 violated and the government proved that you were
10 not adhering or obeying the conditions, that's like
11 committing another crime. That means that you
12 could receive an additional sentence of up to two
13 years, which means your total exposure here for
14 this case is ten years on the substantive crime,
15 two years on the violation for a total of 12 years,
16 do you understand?
18 THE COURT: All right. Let's take a look
19 at what follows then at Section 2 at the bottom of
20 the page, and set forth there are the essential
21 elements of the crime. And each of those elements
22 that are itemized as subparagraphs A through C.
23 The third one extends to the top of the following
24 page. Each would have to be proven at a trial by
25 the government beyond a reasonable doubt. And as

13
1 you know, our system works such that if the
2 government fails on any one of the three, you could
3 not can be convicted, do you understand that?
5 THE COURT: Okay. And you considered
6 that, correct?
7 THE DEFENDANT: I did.
8 THE COURT: All right. And you know that
9 that corresponds to having a right, rather than
10 going forward today with a plea, to demand a jury
11 trial, and the jury trial in essence would be and
12 would follow the process of 12 individuals having
13 to unanimously decide on guilt or not guilty of the
14 charge. The verdict would have to be unanimous,
15 and if it was not unanimous, the case would not go
16 away. It would have to either be retried or
17 disposed of in some other fashion. At the trial
18 you would be presumed innocent, which means you and
19 your attorneys could just sit back and wait and see
20 if there was enough evidence to convince a jury,
21 and if you decided to do that, well and good,
22 otherwise though, you could authorize your
23 attorneys to be more proactive on your behalf, and
24 they could question witnesses, challenge evidence,
25 put on a defense. If you wanted, you could

14
1 testify, but nobody could force you to do that,
2 because you have the constitutional right to remain
3 silent. If you went to trial and were convicted,
4 you would have the right to appeal that conviction
5 with your attorney. Nothing changes in terms of
6 your appeal right, because you still have one even
7 if you give up your trial right. It would be
8 defined by the terms and conditions in the plea
9 agreement. But that would come into play after
10 sentencing and after you would qualify as being
11 appeal eligible following the filing of a notice of
12 appeal. And what's likely to happen here, and I
13 guess you're telling me you don't want to go to
14 trial, right?
15 THE DEFENDANT: That's correct, your
16 Honor.
17 THE COURT: What would happen here is the
18 next time that probably you and your attorneys will
19 be here before me will be for sentencing, and what
20 I'm going to do on that occasion, I will be better
21 advised than I am right now because I don't have a
22 presentence report. I will get one, because after
23 today, you and your attorneys go to the probation
24 office, we give you a buck slip. They start the
25 process of putting a report together, and I get the

15
1 benefit of that. After you and your attorneys have
2 seen it, reviewed it, and made it totally accurate,
3 I use that plus what you will be telling me, what
4 your attorneys will tell me. I'll combine all of
5 that. I'll look at it against the backdrop of the
6 federal sentencing law, which no longer is
7 mandatory. It's a guide to me against that
8 backdrop. What I do is consider all of those
9 proper discretionary factors that when totalled and
10 put together should result in a sentence that for
11 you is fair, just and reasonable, sufficient but
12 not greater than necessary, do you understand?
14 THE COURT: Acceptable to you?
15 THE DEFENDANT: Yes, it is, your Honor.
16 THE COURT: Okay. All right. Let's take
17 a look, now that you've given up that trial right,
18 to the factual basis statement. And what those two
19 words really mean is that that's the equivalent of
20 a statement of proof that would be introduced
21 against you were there to be a trial in this
22 particular case. And I've looked at it, and I've
23 studied it in detail. I take it you've reviewed it
24 carefully and closely with your attorneys, correct?

16
1 THE COURT: All right. And there are
2 multiple subparagraphs that run for almost four
3 pages I think. And the sum and substance of what
4 supports the charge is contained in the factual
5 basis statement, but there are also what we call
6 five, well, relevant conduct paragraphs. That's
7 information that by virtue of admitting to it can
8 be considered and factored into sentencing, and
9 there are five such paragraphs. Do you understand
10 that?
12 THE COURT: Okay. Let me ask you, with
13 respect to the factual basis statement consisting
14 of those three almost four pages and having
15 reviewed it in detail, is it all accurate, and did
16 you do what is claimed you did in those paragraphs?
17 THE DEFENDANT: I reviewed the pages that
18 you just stated. I find them to be accurate and
19 true and, yes, I did do those actions.
20 THE COURT: Okay.
21 THE DEFENDANT: And accept the
22 responsibility.
23 THE COURT: Okay. Fair enough.
24 Mr. Moscati, in synopsis, or your opportunity is to
25 make a statement with respect to that at this time.

17
1 MR. MOSCATI: Judge, if this case
2 proceeded to trial, the government would call as
3 witnesses the named individuals in paragraph 4(a).
4 The government would also call the women who are
5 referenced in all the subparagraphs of paragraph 4.
6 The government would further call one Len Wah
7 Chong, who was the owner of Golden Accupressure.
8 The government would call government agents who
9 participated in the surveillances that included
10 identifying the defendant at some of the locations
11 mentioned in paragraph 4. The government would
12 call agents and monitoring agents who listened to
13 wiretapped conversations pursuant to a Court
14 ordered Title III. The government would submit
15 documentary evidence, Judge, including airline
16 records through custodians of records, and all of
17 those individuals, Judge, would testify as is laid
18 out in paragraph 4.
19 THE COURT: Okay, Mr. Moscati.
20 Mr. Connors, anything that I need to take into
21 account given that statement?
22 MR. CONNORS: No, your Honor.
23 THE COURT: Okay. I take it, Mr. Tills,
24 you've discussed the sentencing guidelines law, and
25 I've made reference to it to some extent, right?

18
1 THE DEFENDANT: That's correct, your
2 Honor.
3 THE COURT: Let's just talk about what
4 appears here in summary fashion. And as you know,
5 the system works on a series of mathematical
6 calculations that result in a final sentencing
7 number from a starting point number, and that's all
8 determined by facts, circumstances, and evidence,
9 and what's relevant or not to the calculations. So
10 that applying those principles to getting to a
11 point of a recommended sentencing range for me to
12 consider as far as sentencing is concerned, I want
13 to direct your attention to paragraph 12, because,
14 as you know, the higher the sentencing number, at
15 least my starting point starts at the higher point.
16 The lower the sentencing number that's calculated,
17 my consideration starts at a lower point. Here, in
18 the best judgment of the lawyers, and I assume this
19 is likely to be correct, but I still have to do my
20 calculation, and my numbers will always control,
21 just the way it goes, and even if you were to
22 disagree with my numbers, you cannot withdraw your
23 plea of guilty, you understand that?
24 THE DEFENDANT: I understand that.
25 THE COURT: The attorneys come up with a

19
1 calculation that is a sentencing number 18 with a
2 criminal history score of one, meaning you have no
3 other countable criminal charges that carry points
4 with it for purposes of anything other than the
5 lowest of criminal history category points and
6 numbers. That would translate to a range of 27 to
7 33 months as a possible sentence to consider, a
8 fine of 6,000 to $60,000, and supervised release of
9 at least five years and up to life. Do you
10 understand that you face that by way of an initial
11 exposure?
13 THE COURT: Okay. Now, in paragraph 13,
14 what that means is that basically you're locked in,
15 and so are your attorneys to doing only what's
16 within the four corners of this plea agreement,
17 what they can ask for and what they cannot ask for,
18 do you understand that?
20 THE COURT: Okay. You're giving up your
21 right to any statute of limitations defense that
22 may exist in this case, is that a fair statement?
23 THE DEFENDANT: Yes, it is, your Honor.
24 THE COURT: Let's look at rights and
25 reservations, Section 5, page 11, starting at

20
1 paragraph 16. I don't know, 16 and 17(c), are
2 those the same in terms of the understanding of the
3 parties in terms of advocating for a specific
4 sentence, Mr. Moscati?
5 MR. MOSCATI: Yes, your Honor.
6 THE COURT: Mr. Connors --
7 MR. CONNORS: Yes.
8 THE COURT: -- there is -- even though
9 it's mentioned twice, there's no intention that it
10 be in any way different?
11 MR. CONNORS: No.
12 THE COURT: All right. You know that I
13 take it you understand all the paragraphs and the
14 information addressed in the reservation of rights
15 section?
16 THE DEFENDANT: Yes. I've gone over it
17 with my attorney, and I understand that, your
18 Honor.
19 THE COURT: And as far as the other I
20 guess defense that you're giving up would be any
21 DNA testing defense in this particular case. You
22 understand?
23 THE DEFENDANT: I understand that, your
24 Honor.
25 THE COURT: All right. As far as your

21
1 appeal rights are concerned, you know that's your
2 absolute right, but were there to be a sentence
3 within the 27-to-33 month calculated guideline
4 range or less, you give up your right to appeal or
5 to challenge the sentence through any other legal
6 means, you understand that?
8 Honor.
9 THE COURT: Likewise, the government the
10 deal is if it's within that range or more, it gives
11 up its right to appeal under that scenario, do you
12 understand?
14 Honor.
15 THE COURT: All right. Now there is in
16 this case a what we call a proactive cooperation
17 section. It's entitled cooperation, Section 7, and
18 what is offered to you is the opportunity to and
19 have you agree to provide proactive cooperation
20 with respect to the unlawful transportation of
21 individuals for prostitution or other sexual
22 activity prohibited by law, and that includes sex
23 trafficking, sexual exploitation of minors or any
24 international travel for that purpose, do you
25 understand that? That's paragraph 24.

22
2 THE COURT: Okay. Now, this is a detailed
3 account of what would be expected of you by way of
4 such cooperation, and that given the circumstances
5 could result in additional consideration to lower
6 your sentencing exposure in this case, do you
7 understand?
9 THE COURT: Now, if you go to
10 paragraph 28, but go to the portion on the top of
11 page 16, and the understanding here is, as I see
12 it, is that were you to give cooperation,
13 particularly proactive cooperation, that to the
14 government would amount to substantial assistance,
15 the government obligates itself this far, to
16 request that I lower your sentencing number by a
17 minimum of two levels, and were I to grant that
18 request, and I don't have to, I can just simply
19 give it due deference, I can grant you additional
20 levels, or I could decide that whatever it is for
21 whatever reason is not entitled to the full request
22 of the government, do you understand?
24 Honor.
25 THE COURT: All right. So, according to

23
1 this agreement, were I to give you the two-level
2 adjustment for cooperation, your sentencing number
3 would be lowered from an 18 to a 16. That would
4 change your exposure from a period of 27 to 33
5 months, so just over two years to just less than
6 three, to a sentencing range of 21 months to 27, so
7 you're talking about just over a year and a half to
8 just over two years, do you understand?
9 THE DEFENDANT: Yes, I understand that,
10 your Honor.
11 THE COURT: Okay. All right. Any
12 question you have about how this cooperation
13 section of the agreement applies to you?
14 THE DEFENDANT: No, I do not.
15 THE COURT: That seems to me to be the
16 total agreement. My question to you is, are there
17 any promises or representations made to you that
18 are not contained in this written agreement that
19 you are relying upon?
20 THE DEFENDANT: None, your Honor.
21 THE COURT: This agreement takes into
22 account everything that you understand to be the
23 agreement -- the full agreement between you and the
24 government, is that a fair statement?

24
1 THE COURT: And you signed it on the
2 advice of your attorney?
4 THE COURT: Mr. Connors, you signed?
5 MR. CONNORS: I did, your Honor.
6 THE COURT: Mr. Moscati?
7 MR. MOSCATI: I did, Judge.
8 THE COURT: All right. Then I'll receive,
9 accept, and make a part of the record the plea
10 agreement in this case. That leaves us with the
11 one -- well, there's two more steps. One has to be
12 bail and setting of bail, since that hasn't been
13 done. But more particularly, the entry of a plea.
14 We've gone over the criminal information. It's
15 Count 1. It represents an intentional criminal
16 felony act in violation of Title 18, Section 2421
17 of the United States Code, transporting a woman in
18 interstate commerce for prostitution purposes
19 essentially in violation of federal law.
20 Mr. Tills, how do you plead, guilty or not guilty?
21 THE DEFENDANT: I plead guilty, your
22 Honor.
23 THE COURT: Okay. And, sir, I find that
24 your plea of guilty is knowing. You understand the
25 terms, conditions and possible consequences.

25
2 THE COURT: Okay. Fair statement, right?
4 THE COURT: And then what you've done is
5 voluntary. And I'm not talking about just the
6 entry of the plea of guilty, but waiving the grand
7 jury right and entering into a plea agreement,
8 correct?
10 THE COURT: Nobody forced or threatened
11 you to do anything here?
12 THE DEFENDANT: Yes, your Honor. No, they
13 have not.
14 THE COURT: Okay, and finally I find that
15 the evidence that's set forth, and based on your
16 admission and adopting of that evidence, were there
17 to be a jury trial in this case, it would be a
18 sufficient basis from which a jury or a judge could
19 conclude guilt beyond a reasonable doubt on each
20 essential element of the crime charged. Therefore
21 I accept your guilty plea, and I now adjudge you
22 guilty of having committed this crime.
23 Okay. I have a recommendation with respect to
24 bail. I take it that there is a bail (sic) for
25 release pending sentence here, Mr. Connors?

26
1 MR. CONNORS: I'm sorry?
2 THE COURT: There is a recommend -- or a
3 request that I grant bail pending sentence?
4 MR. CONNORS: Yes, absolutely.
5 THE COURT: All right. The recommendation
6 is for a non-financial bond with conditions. There
7 are nine specific conditions. There are general
8 conditions that will also apply. I take it there's
9 no objection from the government, Mr. Moscati?
10 MR. MOSCATI: That's correct, your Honor.
11 THE COURT: All right. Then I'm going to
12 permit release on non-financial bond, with the nine
13 special conditions, as well as the general
14 conditions. Keep in mind there must be surrender
15 of firearms that are possessed. The passport must
16 be surrendered. There's a prohibition against any
17 new passports from being obtained. Travel is
18 restricted to the Western District, and that
19 stands. If there's any request for travel
20 outside -- or international, specific request must
21 be made to me for my permission in that regard, and
22 there are also substance abuse testing requirements
23 that are part of this particular release pending
24 sentence. Any questions concerning release?
25 THE DEFENDANT: No, your Honor.

27
1 THE COURT: All right. Sentencing, Miss
2 Labuzzetta will be --
3 THE CLERK: Sentencing will be
4 January 12th at 9:00 o'clock.
5 THE COURT: January 12th at 9:00 o'clock
6 for sentencing. All right. That brings this case
7 to a close.
8 MR. MOSCATI: Thank you, Judge.
9 * * * * * *
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1 CERTIFICATION
3 I certify that the foregoing is a
4 Correct transcription of the proceedings
5 recorded by me in this matter.
8 /s/Michelle L. McLaughlin
9 Michelle L. McLaughlin, RPR

Official Reporter
10 U.S.D.C., W.D.N.Y.
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Case 1:08-cr-00242-WMS Document 6 Filed 09/18/2008 Page 1 of 28

UNITED STATES DISTRICT COURT

Proceedings held before the

Honorable William M. Skretny, Part IV,

U.S. Courthouse, 68 Court Street,

Buffalo, New York on September 4, 2008.

TERRENCE M. CONNORS, ESQ.,and

Michelle L. McLaughlin, RPR,

1 THE CLERK: United States of America

2 versus Ronald Tills.

3 THE COURT: If you take a station at the

4 podium please, I'd appreciate that. Mr. Moscati, I

5 take it you're here to represent the government?

6 MR. MOSCATI: I am, your Honor.

7 THE COURT: You're ready?

8 MR. MOSCATI: Yes, Judge.

9 THE COURT: This is set for the taking of

10 a plea pursuant to a plea agreement.

11 MR. MOSCATI: Yes, your Honor.

12 THE COURT: All right. Mr. Connors for

14 MR. CONNORS: Good morning, your Honor.

15 Terry Connors and Amy C. Martoche appearing for

17 THE COURT: Okay. Good morning to both of

18 you. You are Ronald H. Tills, correct?

19 THE DEFENDANT: Yes, I am.

20 THE COURT: You're ready to proceed?

21 THE DEFENDANT: Yes, I am.

22 THE COURT: The defense is then ready, Mr.

24 MR. CONNORS: We are, your Honor.

25 THE COURT: Miss Martoche?

1 MS. MARTOCHE: Yes, your Honor.

2 THE COURT: All right. You should have

3 three documents in front of you, and I know you

5 proceedings will be tailored along those very same

6 lines, just so that we touch all the bases that the

7 law requires, and I'm confident, Mr. Tills, that

8 what I will go through with you will not be new in

9 any respect. But if by chance you want further

10 explanation, just let me know. You and I will talk

11 about it on the record here in open court, or I

12 will give you whatever time you need to further

13 discuss this matter with your attorneys. Do you

15 THE DEFENDANT: Yes, your Honor.

16 THE COURT: Okay. You should have three

17 documents in front of you, waiver of indictment

18 form, a criminal information document, which is a

19 one-count charge, and a plea agreement document

20 which consists of multiple pages. I think there

21 are by my count 20, but that includes the signature

22 page in that particular document. I take it that

23 you have read and reviewed and discussed those

25 THE DEFENDANT: Yes, I have, your Honor.

1 THE COURT: Okay. You're comfortable with

2 your understanding of them?

3 THE DEFENDANT: Yes, I am.

4 THE COURT: Okay. You listened to your

5 attorney's legal advice?

6 THE DEFENDANT: Yes, I have.

7 THE COURT: You've taken that into account

9 THE DEFENDANT: Yes, I have, sir.

10 THE COURT: Are you satisfied with your

12 THE DEFENDANT: Certainly am.