Professional Documents
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Case no.:
6:10-cr-281-ORl-31KRS
Plaintiff,
v.
EFRAIM DIVEROLI,
Defendant.
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Orlando, Florida
September 1, 2011
1:30 p.m.
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Appearances:
Counsel for Plaintiff:
J. Bishop Ravenel
Cynthia Hawkins
Court Reporter:
P R O C E E D I N G S
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THE COURT:
Okay.
case.
6:10-criminal-281-Orlando-31KRS.
THE COURT:
MR. RAVENEL:
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Okay.
Appearances?
Bishop
A.T.F.
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THE COURT:
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MS. HAWKINS:
All right.
Cynthia
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is seated to my right.
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THE COURT:
Okay.
All right.
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I've done.
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MR. RAVENEL:
THE COURT:
MS. HAWKINS:
No, sir.
Ms. Hawkins?
No, Your Honor.
No.
We're ready
THE COURT:
MS. HAWKINS:
THE COURT:
MS. HAWKINS:
Okay.
Shall I proceed, Your Honor?
Yes, please.
May it please the Court.
The Court
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acknowledge that.
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reasons:
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did.
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He
They
only fire ten rounds; and when that was changed, then,
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defendant.
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magazines.
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Court has credited, and yet it's still a factor that that was
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He
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He shouldn't have
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It is not
brought.
weapons.
in anything violent.
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He did that.
That's why --
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in immediately.
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case.
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We came
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trial.
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He waived everything.
He waived speedy
He did
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it when I asked him, as you may recall, "Did you know that
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Miami.
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treatment.
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finally, and as I think his mother said, she was glad that he
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got put in jail this time, because she knew he was alive.
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But,
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being clean.
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problems.
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that first -- I first met when I met him in the lockup in the
call that we heard between he and his father was early on.
THE COURT:
MR. RAVENEL:
MS. HAWKINS:
Okay.
He was here.
I'm sorry.
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No.
THE COURT:
County testified.
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MS. HAWKINS:
Maybe
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it was right after he got back, but I know it's been some
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time ago.
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calmed down.
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another factor.
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Honor.
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He's just
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with his mom; but the way that we interpret that call was
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something legal.
know exactly for what or how much effort was being put into
it at that time.
He didn't
Of course, he was
very agitated and rude; but the Court may recall at the end
of the call when he spoke with his little brother and he was
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being a good and -- a person going out there and working hard
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He has
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gun count, we're very concerned that he will not qualify for
what they look at is they look at what are you serving time
for?
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could be reversed.
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Court of Appeals.
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ammunition.
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case when you have 100-something counts and you let somebody
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go away.
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THE COURT:
MS. HAWKINS:
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THE COURT:
Miami?
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MS. HAWKINS:
Let's
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He
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and they have freed him -- freed the co-defendant that went
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that conviction.
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in that case, so the Court could see there were some very
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won't fly.
And I think
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THE COURT:
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consecutive?
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MS. HAWKINS:
Yes, sir.
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next point.
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case, I went back and looked at it, and what I was saying at
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pattern.
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said this sentence will stand, because what the judge did in
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Actually, this
We're asking
And that's
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what the Royer case says you can do, because that's what they
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THE COURT:
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MS. HAWKINS:
No.
Okay.
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cases.
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cases from 1992 in the -- I think the Ninth Circuit and the
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One, Probation
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last week that I wanted to cover was the question of, you
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He has suffered
In addition to the
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bankrupt.
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He
any question I can answer from the court about anything I've
lawyers can get up here and talk about whatever they want to
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But I
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He
He's already
He is redeemable.
He's
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court.
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He can be redeemed.
I
He has
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that I discussed.
THE COURT:
All right.
MS. HAWKINS:
Yes, sir.
MR. RAVENEL:
THE COURT:
MR. RAVENEL:
Sure.
I'll take her points in order, Your
Honor.
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weapons.
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You know
He had
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He
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He was
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proceedings.
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in this case.
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court facts about his case which are inconsistent with the
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going to say on the jail call a month later, but after that
despite the fact that he committed a new crime and had other
abuse, for leaving the District and for being arrested and
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to be illegal.
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And he's
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father to do.
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He took a
He talked to
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Certainly,
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altogether.
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third point.
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He's continuing
be allowed to.
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THE COURT:
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MS. HAWKINS:
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THE COURT:
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and testimony.
In
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consecutive.
way either.
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to it or a combination of those.
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serious problem.
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I don't think
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capacity magazines.
up.
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discretion.
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Of course, the
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guideline score; but the case law is clear now that I need to
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bring that to the bench, and I think the lawyers are well
aware of it.
experienced as well.
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defendants I see here are people who are here, in large part,
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obviously intelligent.
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He had the
He's
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charitable work.
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He has engaged in
I don't know.
I doubt that
me.
I don't know.
some.
case.
Maybe
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statute is deterrence.
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defendant.
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life and his drug problem, I think he's smart enough to not
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re-offend.
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big if.
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again, that he's going to use his intellect and his talents
I could be wrong.
Again,
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ways, but I think that's the way we are made and the way it
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needs to be done.
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A 48-month
to run consecutive.
twelve months for the offense and twelve months for the
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the weapons offense, and one year for having done it while he
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The
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MS. HAWKINS:
THE COURT:
Okay.
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In addition,
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due immediately.
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MR. RAVENEL:
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THE COURT:
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of it.
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MR. RAVENEL:
THE COURT:
MS. HAWKINS:
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Ms. Hawkins.
objections.
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Okay.
How
about that?
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MS. HAWKINS:
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THE COURT:
Yes, sir.
All right.
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taking an appeal.
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MS. HAWKINS:
THE COURT:
consecutive portion.
MS. HAWKINS:
I think so.
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THE COURT:
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We
All right.
Thank y'all.
- - - - - - - -
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Reporter's Certification
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Date:
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Diane Peede, RMR, CRR (407) 615-0305