Jordan Earls Sentencing Hearing

Sentencing Hearing 2-18-2015
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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
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UNITED STATES OF AMERICA

VS.
JORDAN EARLS
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DOCKET NO. 4:13CR178

FEBRUARY 18, 2015
10:09 A.M.
BEAUMONT, TEXAS
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VOLUME 1 OF 1, PAGES 1 THROUGH 14
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REPORTER'S TRANSCRIPT OF SENTENCING HEARING
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BEFORE THE HONORABLE MARCIA A. CRONE

UNITED STATES DISTRICT JUDGE
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14 APPEARANCES:
15 FOR THE GOVERNMENT:
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17
18
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FOR THE DEFENDANT:
20
21
22 COURT REPORTER:
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TRACEY BATSON
U.S. ATTORNEY'S OFFICE
101 EAST PARK BOULEVARD
SUITE 500
PLANO, TEXAS 75074
JOHN R. TEAKELL
ATTORNEY AT LAW
2911 TURTLE CREEK BOULEVARD
SUITE 300
DALLAS, TEXAS 75219
TONYA B. JACKSON, RPR-CRR
FEDERAL OFFICIAL REPORTER
300 WILLOW, SUITE 239
BEAUMONT, TEXAS 77701
PROCEEDINGS REPORTED USING COMPUTERIZED STENOTYPE;

TRANSCRIPT PRODUCED VIA COMPUTER-AIDED TRANSCRIPTION.
Tonya B. Jackson, RPR-CRR
409.654.2833
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1
[Open court, defendant present via
2 videoconference.]
3
THE COURT:
This is Case No. 4:13CR178,
4 Defendant 1, United States of America versus Jordan

10:09AM
5 Earls.
6
Are you ready to proceed?
MS. BATSON:
Yes, your Honor.
Tracey Batson
8 for the government.

9
10:09AM
MR. TEAKELL:
Yes, your Honor.
John Teakell
10 for Mr. Earls.

11
THE COURT:
All right.
Has the defendant
12 signed the video waiver form?
10:09AM
13
MR. TEAKELL:
14
THE COURT:
He has.
Have counsel and the defendant
15 read and discussed the presentence report, including any

16 revisions?
17
MR. TEAKELL:
18
THE COURT:
Yes, your Honor.

And has counsel fully explained
19 the report to the defendant?

10:09AM
20
MR. TEAKELL:
21
THE COURT:
Yes, your Honor.

Mr. Earls, do you fully understand
22 the presentence report?
10:09AM
23
THE DEFENDANT:
24
THE COURT:
Yes, ma'am.
And does counsel or defendant wish
25 to make any comments, additions, or corrections to the

409.654.2833
3
1 report?
2
MR. TEAKELL:
THE COURT:
No, your Honor.

Mr. Earls, does the report
4 adequately cover your background?

10:10AM
THE DEFENDANT:
THE COURT:
Yes, your Honor.
Has the government read the
7 report; and does it wish to make any comments, additions,

8 or corrections?
9
10:10AM
MS. BATSON:
Yes, your Honor, I have read the
10 report; and there are no comments, additions, or

11 corrections.
12
THE COURT:
And no objections are filed; is
13 that correct?
14
10:10AM
MR. TEAKELL:
That's correct, your Honor.
At
15 the appropriate time I'd like to just make a quick record

16 in regard to the agreement, if I may.
17
THE COURT:
All right.
We'll do that in a
18 moment.
19
10:10AM
To the extent the court previously deferred
20 acceptance of the plea agreement, it is now accepted.

21
The court finds that the information contained
22 in the presentence report has sufficient indicia of

23 reliability to support its probable accuracy.
The court
24 adopts the factual findings, undisputed facts, and

10:10AM
25 guideline applications in the presentence report.

409.654.2833
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1
Based upon a preponderance of the evidence
2 presented and the facts in the report, while viewing the

3 Sentencing Guidelines as advisory, the court concludes
4 that the total offense level is 29, the criminal history
10:10AM
5 level is I, which provides for an advisory guideline

6 range of 180 months in this case which is the statutory
7 minimum.
8
That's pursuant to a binding plea agreement;
9 is that correct?
10:11AM
10
MR. TEAKELL:
11
MS. BATSON:
12
THE COURT:
Yes, your Honor.

Yes, your Honor.
All right.
Now, did you want to
13 say something about that?

14
10:11AM
MR. TEAKELL:
Yes, your Honor.
I just want to
15 make a comment, a record in regard to the agreement.
The
16 U.S. Attorney's office in the beginning indicted

17 Mr. Earls for this count.
In negotiations and doing
18 estimations with the U.S. Attorney, it was actually a

19 different Assistant U.S. Attorney than Ms. Batson that we
10:11AM
20 were originally dealing with.
In our estimations, the
21 guidelines were coming at or near the 15-year mark

22 anyway.
23
Now, the presentence report calculations
24 offense level imprisonment recommendation range is

10:11AM
25 actually lower than the estimations that we had at the

409.654.2833
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1 time, even with acceptance of responsibility.
However, I
2 wanted to note that the U.S. Attorney was telling us as

3 part of negotiations then that if Mr. Earls was
4 proceeding to trial, that they were going to add
10:12AM
5 additional counts which in their opinion would have

6 increased the guideline calculations because of multiple
7 counts and other reasons.
And I just wanted to make that
8 part of the dynamic as to what we have here, in addition

9 to the fact that it's a mandatory minimum.
10:12AM
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THE COURT:
Well, it doesn't really matter
11 what the guidelines were.
If it's a mandatory minimum,
12 that's going to trump that anyway.

13
MR. TEAKELL:
So, I don't --
That's correct, except -- I'm
14 sorry.
10:12AM
15
THE COURT:
16
MR. TEAKELL:
Go ahead.
That's correct, except that it
17 was theoretically possible for the guidelines to exceed

18 15 years.
10:12AM
19
THE COURT:
20
MR. TEAKELL:
Oh, I see.
In the scenario that the
21 U.S. Attorney was presenting to us during negotiations.
10:12AM
22
THE COURT:
All right.
23 15 years.
Yes, I understand that.
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MR. TEAKELL:
25
THE COURT:
It would be more than
Could have been.

Okay.

409.654.2833
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1
MR. TEAKELL:
THE COURT:
It could have been.

All right.
Does the attorney for
3 the government wish to make any remarks about that?

4
10:13AM
MS. BATSON:
No, your Honor, other than as
5 Mr. Teakell stated, Ms. Griffith first had this case and
6 there were at least ten other counts, according to
7 Ms. Griffith, that could have been charged against the
8 defendant for the production of child pornography; and we
9 were fully prepared to go forward on those charges had
10:13AM
10 Mr. Earls not pled.

11
THE COURT:
All right.
Does defendant's
12 counsel wish to make any further remarks on behalf of the

13 defendant?
14
10:13AM
MR. TEAKELL:
No, your Honor.
Mr. Earls does
15 have a statement he wants to make to the court.
And I
16 presume the court did receive the letters that we had

17 forwarded.
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THE COURT:
Yes, I received them and read
19 them.
10:13AM
20
Does the defendant wish to make a statement?
21
MR. TEAKELL:
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THE COURT:
23
THE DEFENDANT:
Yes, your Honor.

Go ahead.
Your Honor, I thank you for
24 the time that you're giving me to speak.

10:13AM
25 brief.
I promise to be
The first and most important thing I want to say

409.654.2833
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1 is that I am sorry.
I have many apologies to make, not
2 just to the government and to these families.
But, first
3 and foremost, I do apologize to the government.
I have
4 sinned against the government by breaking the law and I

10:14AM
5 am sorry and I understand what I have done wrong.
What
6 hurts the most is who I hurt, and that's the families.

7 That's the families and the friends, the people who did
8 mean a lot to me and still do.
I do hope that they will
9 one day forgive me for what I have done.

10:14AM
10
Your Honor, I also am sorry to my own family.
11 I disappointed them.
They did not raise me in this
12 manner and I should have known better and I chose to make

13 poor decisions and I am sorry to them.
14
10:14AM
And most importantly, I am sorry to God.
15 sinned against him; and I should have known better.
16 was raised in a way that was supposed to seek after him

17 and I did not and I'm sorry.
My mother wrote me a letter
18 that I received yesterday that she said -- she assured me

19 that I am forgiven by my family and those who love me and
10:14AM
20 I am also forgiven by God and I do believe these things

21 and trust them.
And I said before, I will continue to
22 pray and I hope that the families and friends involved

23 and affected do hear my sincerest apologies and that they
24 will accept my apologies and forgive me.
10:15AM
25
With that being said, I do have bright hopes

409.654.2833
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1 and plans for my future.
I fully intend on getting
2 involved with more education once I am wherever I am.

3 Your Honor, I plan on seeking more physical education,
4 training -- I have a history of that, and I do look
10:15AM
5 forward to more of that -- as well as veterinarian school

6 training for the possibility that I could be working with
7 animals later in my life.
And also, of course, I am
8 seeking to study the Bible more and get any kind of

9 training I can there as well.
10:15AM
I know that my life is not
10 over and that God will and can use me in many ways as he
11 has already through this experience.
God did not bring
12 me this far in life to leave me now.

13
Your Honor, I thank you for this time.
The
14 only plea I have with you is that I may receive the

10:16AM
15 lowest sentence possible, whatever that might be.
Once
16 again, thank you for allowing me to speak.

17
THE COURT:
All right.
Does the attorney for
18 the government wish to make any remarks?
10:16AM
19
MS. BATSON:
20
THE COURT:
No, your Honor.

Do any victims of the offense wish
21 to make a statement?
22
MS. BATSON:
23
THE COURT:
No, your Honor.

All right.
Does counsel know of
24 any reason why sentence should not be imposed at this

10:16AM
25 time?
409.654.2833
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MR. TEAKELL:
THE COURT:
No, your Honor.

Pursuant to the Sentencing Reform
3 Act of 1984, having considered the factors noted in 18

4 U.S.C., Section 3553(a), and after having consulted the
10:16AM
5 advisory Sentencing Guidelines, it is the judgment of the

6 court that the defendant, Jordan Earls, is hereby
7 committed to the custody of the Bureau of Prisons to be
8 imprisoned for 180 months on Count 1 of the indictment.
9
10:16AM
The court recommends to the Bureau of Prisons
10 that the defendant receive appropriate drug treatment

11 while imprisoned.
12
The court recommends to the Bureau of Prisons
13 that the defendant receive appropriate sex offender

14 treatment while imprisoned.
10:16AM
15
The court finds that the defendant does not
16 have the ability to pay a fine.
The court will waive the
17 fine in this case.

18
It is ordered that the defendant shall pay the
19 United States a special assessment of $100, which is due

10:17AM
20 and payable immediately.
Any and all financial penalties
21 shall be made payable by cashier's check or money order,

22 made out to the United States District Court, and
23 forwarded to the Fine and Restitution Section, U.S.
24 Courts, 1910 E. Southeast Loop 323, No. 287, Tyler, Texas
10:17AM
25 75701.
409.654.2833
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Upon release from imprisonment, the defendant
2 shall be on supervised release for a term of 10 years.

3 Within 72 hours of release from the custody of the Bureau
4 of Prisons, the defendant shall report in person to the
10:17AM
5 probation office in the district to which the defendant

6 is released.
7
The defendant shall not commit another
8 federal, state, or local crime and shall comply with the

9 standard conditions that have been adopted by this court.
10:17AM
10 In addition, the defendant shall comply with the

11 mandatory and special conditions as set forth in the
12 defendant's presentence report.
13
The court finds this to be a reasonable
14 sentence in view of the nature and circumstances of the

10:17AM
15 offense entailing the defendant's production of child

16 pornography, his inducing a 16-year-old female whom he
17 had met while serving as a youth minister at a church to
18 create a photograph of herself displaying her genitals
19 while her fingers were penetrating her anus and to send
10:18AM
20 the image to him via the Internet, his previously causing

21 her to expose herself by showing her breasts and buttocks
22 while video chatting over Facetime, his sending her a
23 video of himself masturbating and talking about things he
24 wanted to do sexually with her when they were together,
10:18AM
25 and his history of substance abuse.
It will serve as

409.654.2833
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1 just punishment, promote respect for the law, and deter
2 future violations of the law.
3
You have a right to appeal your conviction if
4 you believe that your guilty plea was somehow unlawful or

10:18AM
5 involuntary or if there was some other fundamental defect

6 in the proceedings that was not waived by your guilty
7 plea.
You have a statutory right to appeal your sentence
8 under certain circumstances, particularly if you think

9 the sentence is contrary to law.
10:18AM
A defendant, however,
10 may waive those rights as part of a plea agreement and

11 you've entered into a plea agreement which waives certain
12 rights to appeal your conviction and sentence.
13
With the exception of the reservation of the
14 right to appeal on specified grounds set forth in the

10:18AM
15 plea agreement, you've waived any appeal, including

16 collateral appeal, of any error which may have occurred
17 surrounding the substance, procedure, or form of the
18 conviction and sentence in this case.
Such waivers are
19 generally enforceable; but if you believe the waiver is

10:19AM
20 unenforceable, you can present that theory to the

21 Appellate Court.
22
With few exceptions any notice of appeal must
23 be filed within 14 days of judgment being entered in your

24 case.
10:19AM
If you're unable to pay the cost of an appeal, you
25 may apply for leave to appeal in forma pauperis.

409.654.2833
If you
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1 so request, the clerk of the court will prepare and file
2 a notice of appeal on your behalf.
3
The presentence report is made part of the
4 record and is placed under seal except counsel for the

10:19AM
5 government and defense may have access to it for purposes

6 of appeal.
10:19AM
Were there any other counts?
MS. BATSON:
THE COURT:
No, your Honor.

The defendant is remanded to the
10 custody of the United States Marshal and then to the

11 custody of the United States Federal Bureau of Prisons to
12 begin the service of sentence.
13
Is there a particular facility you wish to
14 request?
10:19AM
15
MR. TEAKELL:
Yes, your Honor.
He requests
16 Texarkana, Texas.
17
THE COURT:
Do you understand Seagoville has
18 the sex offender treatment program that probably -- I

19 don't know if Texarkana has that.
10:19AM
20
MR. TEAKELL:
Yes.
May I discuss that with
21 him for just a moment?

22
THE COURT:
Yes.
23
(Discussion off the record between the
24 defendant and Mr. Teakell.)

10:20AM
25
MR. TEAKELL:
Your Honor, thank you.

409.654.2833
I've
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1 discussed that with him, and he still wants to request
2 Texarkana.
3
THE COURT:
Okay.
Of course the Bureau of
4 Prisons will probably send him wherever they wish, and I

10:20AM
5 would think that getting the proper treatment would be

6 very high priority.
7 court, too.
I think it's a high priority of this
Generally people with this kind of offense
8 go to Seagoville and they usually want to go to

9 Seagoville, but all right.
10:21AM
I'll recommend Texarkana but
10 I think that may not be the wisest choice, but I'll do

11 that.
12
Is there anything further?
13
MS. BATSON:
Your Honor, just in paragraph 35,
14 the defendant's brother is also at Texarkana.

10:21AM
So, that
15 may play into why that request is made.

16
THE COURT:
Well, is he in prison in
17 Texarkana; or he just lives in Texarkana?

18
MS. BATSON:
No, your Honor.
He's in prison
19 in Texarkana, according to paragraph 35 of the

10:21AM
20 presentence report.
21
THE COURT:
Oh, okay.
22
Oh, seems to be a family problem.
Okay.
23 Well, does the government object to that?
10:22AM
24
MS. BATSON:
25
THE COURT:
No, your Honor.

All right.
Well, I'll recommend

409.654.2833
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1 Texarkana.
2
Okay.
Thank you, and you're excused.
(Proceedings adjourned, 10:22 a.m.)
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6 COURT REPORTER'S CERTIFICATION
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I HEREBY CERTIFY THAT ON THIS DATE,
8 FEBRUARY 26, 2015 THE FOREGOING IS A CORRECT TRANSCRIPT

9 FROM THE RECORD OF PROCEEDINGS.
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/s/
TONYA JACKSON, RPR-CRR
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409.654.2833

Jordan Earls Sentencing Hearing

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Jordan Earls Sentencing Hearing

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Sentencing Hearing 2-18-2015

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA

DOCKET NO. 4:13CR178

VOLUME 1 OF 1, PAGES 1 THROUGH 14

REPORTER'S TRANSCRIPT OF SENTENCING HEARING

BEFORE THE HONORABLE MARCIA A. CRONE

FOR THE DEFENDANT:

PROCEEDINGS REPORTED USING COMPUTERIZED STENOTYPE;

Sentencing Hearing 2-18-2015

[Open court, defendant present via

This is Case No. 4:13CR178,

4 Defendant 1, United States of America versus Jordan

Are you ready to proceed?

Yes, your Honor.

8 for the government.

Yes, your Honor.

10 for Mr. Earls.

Has the defendant

12 signed the video waiver form?

15 read and discussed the presentence report, including any

Yes, your Honor.

19 the report to the defendant?

Yes, your Honor.

22 the presentence report?

And does counsel or defendant wish

25 to make any comments, additions, or corrections to the

Sentencing Hearing 2-18-2015

No, your Honor.

4 adequately cover your background?

Yes, your Honor.

Has the government read the

7 report; and does it wish to make any comments, additions,

Yes, your Honor, I have read the

10 report; and there are no comments, additions, or

And no objections are filed; is

That's correct, your Honor.

15 the appropriate time I'd like to just make a quick record

To the extent the court previously deferred

20 acceptance of the plea agreement, it is now accepted.

The court finds that the information contained

22 in the presentence report has sufficient indicia of

24 adopts the factual findings, undisputed facts, and

25 guideline applications in the presentence report.

Sentencing Hearing 2-18-2015

Based upon a preponderance of the evidence

2 presented and the facts in the report, while viewing the

5 level is I, which provides for an advisory guideline

That's pursuant to a binding plea agreement;

Yes, your Honor.

Now, did you want to

13 say something about that?

Yes, your Honor.

15 make a comment, a record in regard to the agreement.

16 U.S. Attorney's office in the beginning indicted

In negotiations and doing

18 estimations with the U.S. Attorney, it was actually a

20 were originally dealing with.

In our estimations, the

21 guidelines were coming at or near the 15-year mark

Now, the presentence report calculations

24 offense level imprisonment recommendation range is

25 actually lower than the estimations that we had at the

Sentencing Hearing 2-18-2015