TRANSCRIPT of Status Conference as to Andre Lorquet held on June 12, 2023 before Judge K.… — USA v. Lorquet (Dkt. 138)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20326-KMM · Doc. 138 · 2024-07-09 · Docket on CourtListener

Summary

A transcript of a status conference held June 12, 2023 before the Honorable K. Michael Moore in United States v. Andre Lorquet, Case No. 1:22-CR-20326-KMM-1, in the U.S. District Court for the Southern District of Florida, entered on the docket July 9, 2024 as Document 138. The hearing ran from 3:00 p.m. to 3:09 p.m., with an Assistant United States Attorney appearing for the government and the defendant appearing pro se. The court recounts granting defense counsel's motion to withdraw, directing the defendant to obtain new counsel by April 30, 2023 and issuing an order to show cause returnable May 12, 2023, and states that counsel will be appointed from the Criminal Justice Act attorney wheel. Government counsel then asks leave to file an out-of-time response to the motion to withdraw the plea. The transcript covers pages 1 to 10.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
(MIAMI DIVISION)
CASE NO. 1:22-CR-20326-KMM-1
UNITED STATES OF AMERICA,
Miami, Florida
PLAINTIFF,
June 12, 2023
Monday
VS.
ANDRE LORQUET,
Scheduled for 3:00 p.m.
3:00 p.m. to 3:09 p.m.
DEFENDANT.
Pages 1 - 10
----------------------------------------------------------
STATUS CONFERENCE
BEFORE THE HONORABLE K. MICHAEL MOORE
UNITED STATES MAGISTRATE JUDGE
APPEARANCES:
FOR THE GOVERNMENT:
JONATHAN BAILYN, AUSA
U.S. ATTORNEY'S OFFICE
99 Northeast 4th Street
Miami, Florida
33132
FOR THE DEFENDANT:
PRO SE - ANDRE LORQUET
STENOGRAPHICALLY
REPORTED BY:
GLENDA M. POWERS, RPR, CRR, FPR
Official Court Reporter
United States District Court
Glenda_Powers@flsd.uscourts.gov
Case 1:22-cr-20326-KMM   Document 138   Entered on FLSD Docket 07/09/2024   Page 1 of 10

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(Call to the order of the Court:)
COURTROOM DEPUTY:
Calling Case Number 22-CR-20326,
United States of America versus Andre Lorquet.
Counsel, please state your appearances, beginning with
the Government.
MR. BAILYN:
Good afternoon, Your Honor.
Assistant
U.S. Attorney Jonathan Bailyn on behalf of the United States.
THE COURT:
Good afternoon.
(Brief pause in the proceedings.)
THE COURT:
Mr. Lorquet, can you hear me?
THE DEFENDANT:
Yes, sir.
THE COURT:
So, just to bring us up-to-date on -- my
records reflect that on March 31st of this year we granted
defense counsel's motion to withdraw and informed you to obtain
new counsel by April 30th, 2023.
We didn't get any word from you as to who your new
counsel was, so we issued an order to show cause ordering you
to tell us by May 12th, 2023, whether you wish to retain new
counsel or proceed pro se, and we have not heard from you, so
we set this down for a status conference to see what you want
to do.
THE DEFENDANT:
Well, I thought I was going to have a
motion so I could tell you I was getting a lawyer because I
never knew about the date or the time, and I didn't even want
her off my case.
Case 1:22-cr-20326-KMM   Document 138   Entered on FLSD Docket 07/09/2024   Page 2 of 10

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THE COURT:
So, do you have a new lawyer?
THE DEFENDANT:
No, sir.
I've been trying.
I've been
looking.
THE COURT:
Okay.
Can you afford to obtain an
attorney?
THE DEFENDANT:
No.
THE COURT:
Was your -- so you need a new attorney
then; is that it?
THE DEFENDANT:
Yes, sir.
THE COURT:
So we'll go ahead and -- Alex, can we have
appointed a new attorney?
COURTROOM DEPUTY:
Yes, Judge.
THE COURT:
We will get you a now attorney appointed;
okay?
THE DEFENDANT:
Yes.
THE COURT:
Now, you're -- I don't know what the
circumstances were for the withdrawal of the first attorney,
but that was handled by Judge Louis; is that correct?
THE DEFENDANT:
I don't know.
I didn't even know she
was off the case.
THE COURT:
Well, she held a hearing with you, didn't
she; is that right?
MR. BAILYN:
So, Your Honor, procedurally, Judge Louis
held the plea colloquy.
We had a sentencing hearing that was
scheduled May 31st.
During that hearing Your Honor granted the
Case 1:22-cr-20326-KMM   Document 138   Entered on FLSD Docket 07/09/2024   Page 3 of 10

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defense counsel's motion to withdraw.
THE COURT:
Okay.
Was that -- and that was not on
referral?
MR. BAILYN:
That was not on referral, Your Honor.
THE COURT:
But his attorney was CJA-appointed?
MR. BAILYN:
No, she was privately retained.
THE COURT:
Private?
Okay.
All right, so we're going
to appoint you an attorney from the Criminal Justice Act
attorney wheel, and they will be getting with you and getting
up-to-speed and we'll have another status conference to bring
you back and see if we can get it set for trial.
Okay.
Do we need to do anything else?
MR. BAILYN:
Yes, Your Honor, there's one thing I want
to raise to the Court.
This is a mistake on the Government's
part.
The defendant had filed a motion to withdraw a plea.
Simultaneously, there was a motion to withdraw as counsel, the
defendant was proceeding per se.
The motion to withdraw plea
was referred to Judge Louis.
It was my misapprehension, Your Honor, that the
referral was for a hearing and, therefore, I did not file a
brief response to the one-page motion to withdraw plea.
That was my mistake and my misunderstanding, Your
Honor.
And I would simply ask the Court, if the Court would be
so obliged, to allow me to file a response to that motion to
Case 1:22-cr-20326-KMM   Document 138   Entered on FLSD Docket 07/09/2024   Page 4 of 10

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withdraw plea out of time, and I would be grateful for any
amount of time the Court would offer.
THE COURT:
So she entered a report and recommendation
that it be granted; right?
MR. BAILYN:
Yes, sir.
THE COURT:
So, did she do that just because of
default, or do you know?
MR. BAILYN:
No, so -- in the report and
recommendation -- it's relatively short -- there was no hearing
held, the Government didn't file papers.
The argument, I guess, judges don't make arguments, but
the theory was that the defendant was representing that he
thought that he was signing bond paperwork.
Because the Government didn't respond to that
allegation, it was uncontroverted and, therefore, the
recommendation was that the motion be granted.
THE COURT:
All right.
So just to clear up the record
on this then, if you file a response you're going to want me to
re-refer the matter back to Judge Louis?
MR. BAILYN:
I think that -- procedurally, I don't know
the best, most efficient way is.
I think that could happen,
alternatively, Your Honor, I could simply file an objection to
the report and recommendation.
The Government's objections and the Court could review
them de novo.
I just want to give due deference to the Court,
Case 1:22-cr-20326-KMM   Document 138   Entered on FLSD Docket 07/09/2024   Page 5 of 10

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the magistrate, it was the Government's mistake to not have
responded.
THE COURT:
You made a mistake, okay, thank you.
But I guess when you say in deference to her, I'm
trying to be as well and give her the opportunity to at least
consider what your merits response would be.
MR. BAILYN:
Yes, Your Honor.
I would ask then that
you allow the Government the opportunity to file a response and
then the Court could enter an amended report and recommendation
if she believes that the Government's response is meritorious.
THE COURT:
Okay.
So let me help you frame your
objections then.
So you're going to say in there that you made
a mistake and that here is the merits response, and you ask
that this Court refer the matter back to the magistrate judge
so that the magistrate judge can consider the merits of your
response and issue a supplemental report and recommendation,
who knows what she'll say.
Fair enough?
MR. BAILYN:
Thank you, Your Honor.
THE COURT:
Okay, let's do that.
All right.
And in the meantime, we'll also address the issue of
getting new counsel; all right?
MR. BAILYN:
Yes, Your Honor.
THE DEFENDANT:
Yes, sir.
MR. BAILYN:
I don't know what you need from the
Government on that, Your Honor.
Case 1:22-cr-20326-KMM   Document 138   Entered on FLSD Docket 07/09/2024   Page 6 of 10

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THE COURT:
You don't need anything.
THE DEFENDANT:
How am I going to do my discovery?
I've been asking my lawyer for it since and she hasn't sent me
anything.
THE COURT:
Well, you'll get a new lawyer and your new
lawyer can take it up with the Government.
THE DEFENDANT:
Okay.
THE COURT:
Okay.
And if there's anything you can do
to facilitate that, either by getting the discovery back from
his prior counsel or --
MR. BAILYN:
Your Honor, I can produce it immediately,
as long as there's a lawyer on the other end.
THE COURT:
Got you.
Okay.
So we will set it down and
see you again in a couple of weeks.
MR. BAILYN:
Thank you, Your Honor.
THE DEFENDANT:
Thank you.
(Proceedings concluded at 3:09 p.m.)
Case 1:22-cr-20326-KMM   Document 138   Entered on FLSD Docket 07/09/2024   Page 7 of 10

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C E R T I F I C A T E
I hereby certify that the foregoing is an
accurate transcription of the proceedings in the
above-entitled matter.
July 9th, 2024
S/Glenda M. Powers
GLENDA M. POWERS, RPR, CRR, FPR
United States District Court
400 North Miami Avenue
Miami, Florida
33128
Case 1:22-cr-20326-KMM   Document 138   Entered on FLSD Docket 07/09/2024   Page 8 of 10

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wish [1] - 2:18
withdraw [7] - 2:14,
4:1, 4:16, 4:17, 4:18,
4:22, 5:1
withdrawal [1] - 3:17
word [1] - 2:16
Y
year [1] - 2:13
Case 1:22-cr-20326-KMM   Document 138   Entered on FLSD Docket 07/09/2024   Page 10 of 10

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