Professional Documents
Culture Documents
SENTENCING
APPEARANCES FOR:
2 Call to Order
4 Morales.
6 Honor.
13 THE COURT: And did you have any questions about your
14 Presentence Report that your lawyer could not answer for you?
20 issues first.
22 acceptance point?
24 time.
1 issues about the career offender, but I guess they come -- they
2 come out only with respect to the criminal history issues with
4 way.
9 I need to kind of hear about what that was, which I don't know
10 anything about.
14 --
10 I believe the last time we were here when we were dealing with
21 and some --
24 --
5 suit. I had advised Counsel regarding Ms. Frey that, you know,
9 didn't have her on this trip, but we did have a full statement
10 from out of Baltimore. Because, you know, based upon his plea
12 to make any decisions regarding Ms. Frey, but you know, she
14 outside of Texas.
17 statement did say there was a number of trips and there was
24 something?
4 (Pause)
11 this Defendant.
14 your Honor, this -- while this is open court there was no one
1 and like we spent four days debriefing Mr. Morales only just
3 time.
4 So --
11 calls, you know, if you just tell us when and where's the
12 money, where's the receipt, who heard you, what did you say to
13 somebody else and you know going back in time and it was just
14 not --
22 (Pause)
24 the gentleman who was also flying down here doing some of this
25 stuff?
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3 was ascertained how much money they roughly had on them. Mr.
6 something.
15 Malinowski's up in Baltimore.
16 comfortable that the law would support the finding here as well
20 address anything.
23 read as well.
1 --
6 Court.
10 organizer/leader.
12 Defendant, this Adam who traveled with him who was carrying
1 person who had traveled at one time with Mr. Morales and was
6 not credible and it's not been corroborated it came from the
10 the basis she has for that other than perhaps overhearing or
13 quantity amount.
20 exactly what she did, how she was able to avoid security at the
6 -- more than 15 kilograms and I'm just -- that I'm holding him
7 for.
23 Honor.
13 mean, your Honor, all the statements he gave I guess were under
15 any --
17 said --
23 with her, she gave a confession, she said she was involved, she
24 said what she did, she told about the quantities and that. And
7 or he told us --
12 top of the fact that he lied, he was during the whole proffer
14 end of the bargain and just you know, we were asking for the 16
1 reports.
6 career offender are really the only two big issues on this
7 case.
25 of violent crimes.
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8 that, your Honor, and based on the fact that it's not an arson
10 violence.
14 there. And I even recall the specific facts of that case even
15 because they came up about a week ago and it was a person who
9 that they don't keep any judgments, but rather they destroy
10 them, make some sort of, for the lack of better term, cursory
14 (Pause)
18 malicious burning.
21 specific case laws that have to do with that and the Court
1 argument.
17 fingerprint set that went for Mr. Morales back when he -- his
8 some corrections. And each there they have his entry into the
10 which lists what he received for each of those counts from the
14 was convicted of this crime. You know, and as far as the case
16 the cases cite, including the Tenth Circuit, and the Fifth
21 burning.
7 not one thing that this Defendant has put forward to say I did
8 not do that, that wasn't me, you know, this is a big mistake.
9 I mean, you asked him before he started this, you know, the
10 sentencing again, your Honor, and you said, you know, is there
12 everything's okay.
14 Circuit the Government would say that the evidence of the prior
18 believe.
21 chance to speak.
7 anything you want to add on top of what he says I'll let you
8 speak.
12 anything wrong like Ms. Ferko said and I said -- I'm confused
14 courtroom --
22 if I pled guilty that she would drop the charges on the rest of
23 my family.
2 to.
8 tell some lies in the beginning with my first attorney who gave
19 and I did about Adam, about Raul, the person that come from,
23 that. But I feel like I was tricked into saying "Yes, I plead
24 guilty." And I've wrote you two letters on this as well. I've
1 things, I was told one thing and when I pled guilty. And I'm
2 not saying that I'm innocent or an angel, I'm not saying I know
3 what I did --
13 --
21 you plead guilty they don't enhance you with that mandatory
22 minimum of 20, but the chips fall then where they fall. In
25 you have a base Offense Level where you come out here and
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1 again, I would note that I find you come out the same way. So
6 instead of 262 months and upward. And because you pled guilty
8 range.
9 Now had you not pled then you would not get three
13 you to life.
19 sir.
21 you could have worked some deal out, I mean, who -- we just
22 don't know the -- it's too speculative what would have happened
7 hold you for any of this other stuff that she talked about in
12 But she's carrying the weight on her, she can estimate whether
13 it's consistent with what you're telling her, how much weight
14 she has on her and so I felt like that was very credible. I
16 Ms. Ferko told you she wasn't going to push for that, it
23 approval. And then the other thing was that Mr. Teakell and I
24 spoke and I said, "Look, you need to advise your client that
1 conviction and based upon his drug -- and that was spoken about
4 even of a plea, so --
9 I mean it happens.
13 spend one day more in prison than what you should, what I feel
14 you should.
19 rebuttal, what Ms. Ferko was stating which I'd already put in
5 came into the picture and apparently that didn't go well. And
7 Raul, about Adam, who was transporting a lot of money with Mr.
8 Morales.
16 from the Second and the Sixth Circuit, they do say that the
20 when I think the 3553(a) factors merit it. Here I just don't.
3 filed.
5 already spoken.
9 sentence you?
11 him?
13 (Pause)
15 Morales?
20 that's a lot and I'm not making excuses, you know, I apologize
1 not one person. And I realize now what I should have realized
2 years ago. I got four kids. I'm sorry, your Honor, I just ask
6 you and your children can grow up and see you when they can.
11 the Government then within the next year they can -- they will
13 just from where you -- you're going to cut years and years and
16 feel based on your knowledge it's not very hard to do, you can
17 probably identify people who are in this business and help the
1 that?
4 bank accounts where the money came from, what banks they come
5 from, where it was going, who supplied the money, to who it was
17 investigation.
20 the actual banks, the day we went, where the large checks got
25 ICE.
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6 this where we --
9 the supplier's wallet and went and photographed his I.D. And
12 name.
15 Raul's I.D. --
1 that had all these possibilities for this area, not necessarily
4 saying --
10 Defendant, but as far as ICE was concerned, you know, there was
17 Court. I do have the agent here, but there were other agents,
25 flew down agents from Baltimore to follow over there. Even our
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3 Dillards --
16 defender.
23 Criminal History of V.
11 months.
24 payable immediately.
1 do so. If you could not afford the cost of an appeal you could
7 remaining counts.
16 Okay.
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CERTIFICATION
entitled matter.