TRANSCRIPT of Status Conference as to Andre Lorquet held on June 27, 2023 before Judge K.… — USA v. Lorquet (Dkt. 139)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20326-KMM · Doc. 139 · 2024-07-09 · Docket on CourtListener

Summary

The transcript of a status conference on June 27, 2023 in United States of America v. Andre Lorquet, Case No. 1:22-CR-20326-KMM-1, in the U.S. District Court for the Southern District of Florida, Miami Division, before the Honorable K. Michael Moore, entered on the docket July 9, 2024 as Document 139. The hearing concerns the government's objection to Magistrate Judge Louis' report and recommendation on the defendant's motion to withdraw his guilty plea, and defense counsel Henry Philip Bell's request for more time to respond. The court sets a July 28th response deadline and asks that the response say whether the defendant persists in seeking to withdraw the plea. The defense waives speedy trial, and government counsel Jonathan Bailyn states that discovery was sent to defense counsel on a hard drive. The 13-page transcript includes a reporter's certificate and a word index.

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 27, 2023
Thursday
VS.
ANDRE LORQUET,
Scheduled for 2:00 p.m.
2:15 p.m. to 2:31 p.m.
DEFENDANT.
Pages 1 - 13
----------------------------------------------------------
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:
HENRY PHILIP BELL, ESQ.
Bell Rosquete Reyes, PLLC
999 Ponce de Leon Boulevard
Suite 1120
Coral Gables, Florida
33134
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 139   Entered on FLSD Docket 07/09/2024   Page 1 of 13

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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.
Jonathan
Bailyn on behalf of the United States.
MR. BELL:
Hello again, Judge.
Henry Bell, on behalf
of the defendant, Mr. Lorquet.
THE COURT:
Okay.
Where are we?
MR. BELL:
Judge, yesterday I moved the Court for a one
week extension of time to respond to the United States
objection to Judge Magistrate -- I'm sorry, Magistrate Judge
Louis' report and recommendation of the defendant's motion to
withdraw the plea.
The motion cites multiple reasons why, including my
ability to hear the recordings that they're relying on and, you
know, something I want to sort of generate -- not to undermine
my client's dignity in any way, but by spending several hours
with him, I realized he can't read or write, and that's made my
job a little bit more difficult.
THE COURT:
So let me also kind of lay our cards on the
table to you.
So, he pled guilty?
MR. BELL:
Correct.
THE COURT:
I haven't looked at the transcript yet, but
Case 1:22-cr-20326-KMM   Document 139   Entered on FLSD Docket 07/09/2024   Page 2 of 13

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if I had to guess, it was under oath and the magistrate judge
asked all the standard questions that I would have asked,
including, Are you pleading guilty under your own free will
because you are, in fact, guilty?
And he probably said yes, under oath.
And then there was the motion to withdraw plea, and
also that he had problems with his counsel.
We've got very able counsel now on the case, and we've
got a report and recommendation from a Magistrate Judge who
recommends that the motion to withdraw the plea be granted, I
believe largely because the Government dropped the ball and
just didn't respond, and now they filed their objections.
So now you need more time, which is understandable, you
need to go over the evidence with your client, and my
inclination would be to re-refer the matter back to the
Magistrate Judge and give the Government a mulligan on your
failure to respond and let the Magistrate Judge have the
benefit of a merits-based opposition to the motion and then see
what the magistrate judge does, and then get an R&R from the
magistrate judge and go from there.
Do you have any problem with that?
MR. BELL:
Well, Judge, I would agree that the Court
has the discretion to make that ruling, if you will, referral,
and I would certainly abide by it as expeditiously as I could
to do the magistrate scheduling order.
Case 1:22-cr-20326-KMM   Document 139   Entered on FLSD Docket 07/09/2024   Page 3 of 13

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THE COURT:
Okay.
MR. BELL:
Without sort of getting ahead of my skis
and -- because I do feel like I have some work to do.
He is a
new client who I am building trust with -- or trying to.
But although at this point we would probably continue
to, based on my last meeting with my client, continue to
maintain that he wants to withdraw his plea, but I may do
things a little bit differently than his prior counsel did, and
I would like that opportunity; and if you refer to Magistrate
Judge Louis, that's what I'll do.
THE COURT:
Well, I guess there's a question mark that
I have about the timing of doing that and whether I should hold
off doing that until you've had an opportunity to go over the
evidence in more thorough detail and revisit the issue of the
motion to withdraw of your client.
And if he still wants to persist in that, that's fine.
What I can tell you, at least in past practices where
I've reviewed the transcripts of, and the defendant is under
oath and all the questions are asked, you check all those boxes
and a finding was made that it's very hard to disturb that plea
that was knowing and voluntarily entered, at least so stated
under oath by the defendant.
MR. BELL:
I understand, Judge, and I appreciate your
perspective on that.
And I mean, to the extent that I may have
something different to say or to re-position, if you will,
Case 1:22-cr-20326-KMM   Document 139   Entered on FLSD Docket 07/09/2024   Page 4 of 13

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things in some way than prior counsel, I can attempt to do that
in response to the Government's objection or to Judge Louis, if
that's what you decide to do now.
I mean, I'll defer to the Court on the procedure, and
but I do -- I do -- in either case, I do need to receive those
recordings, I need to review them with him and I need to deal
with the facts -- again, I don't want to get too far ahead of
my skis but to sort of give you the benefit of my thinking and
where I am at this point, to deal with the fact of how exactly,
if at all, does the fact that he can't really read or write,
and I now have to read things to him play into the assertion --
the very specific assertions made in the motion to withdraw.
THE COURT:
Well, he doesn't need to read or write to
say -- the defendant's back there, I don't know if you wanted
him or not here.
MR. BELL:
I thought he might be here, but then I
thought he wasn't when you called the case without him, but we
can have him here, it makes sense to bring him in here.
THE COURT:
All right.
(Brief pause in the proceedings awaiting defendant's
appearance.)
THE COURT:
I guess he was here.
They may have
concluded and took all the inmates back down.
MR. BELL:
Right, I understand, and I'll certainly
explain everything to him after when I see him again.
Case 1:22-cr-20326-KMM   Document 139   Entered on FLSD Docket 07/09/2024   Page 5 of 13

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THE COURT:
Yes.
MR. BELL:
I understand where you're going, Judge, but
again, I, at this point, I'd rather -- I don't want to get into
at this point client confidences that may come out but not now.
THE COURT:
I certainly don't want you to.
I'm just
trying to think, would it be more efficient to --
MR. BELL:
Sure.
THE COURT:
-- before we re-refer the matter get a --
was there a response to the objection?
MR. BELL:
So the United States objected, I think on
Thursday or Friday of last week, and I have yet to file any
sort of response.
The motion I filed last night was my seeking from
Your Honor an extension of time to file that response, because
I will be out of town part of the period kind of which I -- I
asked Louis' one week, the period of time I would normally have
a response.
THE COURT:
Let me do this.
Let me have you respond by
July 28th.
MR. BELL:
Okay, that's fair.
THE COURT:
It gives you a month.
MR. BELL:
That's fair.
THE COURT:
And that way you get a chance to spend
whatever time you need, not doing something on this case or
somewhere else.
It will also give you time to formulate a
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response, to meet with the client, and then when you do
respond, I would appreciate it if you could include in there
that you -- that the defendant wishes to persist in withdrawal
of his change of plea.
MR. BELL:
Right.
THE COURT:
And if that changes, then you'll let me
know that as well.
MR. BELL:
Absolutely.
Obviously, if it changes, I
would be the first one to let the Court know so we can go onto
the next phase.
If it is the case that we continue on his
behalf to assert that, I would say -- he wants to change his --
withdraw his plea, I'm sorry.
THE COURT:
Is he out there?
COURTROOM DEPUTY:
Marshall, do you know if --
THE COURT:
Is he in the lockup right there?
THE MARSHAL:
They got him back there, yes.
THE COURT:
Okay, bring him out.
(The defendant entered the courtroom with the Marshal.)
MR. BELL:
I'm sorry, Judge, I am e-mailing
Judge Altonaga's court because I have to go there once I'm done
here.
THE COURT:
What time is that hearing?
I think we're
okay.
We'll try to get you out of here.
MR. BELL:
I don't have a lot more to add, but if he's
here, he might as well see that we were all talking about this.
Case 1:22-cr-20326-KMM   Document 139   Entered on FLSD Docket 07/09/2024   Page 7 of 13

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THE COURT:
Okay.
MR. BELL:
And I can quickly tell him what I've
requested and your suggestion that you will give me until the
28th to respond.
THE COURT:
Okay.
(Brief pause in the proceedings.)
THE COURT:
Mr. Lorquet is present.
Do you need a
moment to speak with your --
MR. BELL:
May I, Your Honor?
THE COURT:
All right.
(Discussion held off the record between counsel and
defendant.)
MR. BELL:
Thank you, Judge, I appreciate that.
I've had the opportunity to speak to Mr. Lorquet to
bring him up-to-speed, and if it's still the case that you're
willing to set a deadline of the 28th to respond to the
objection, that's what I'll accept --
THE COURT:
Okay.
MR. BELL:
--- and agree to, Your Honor.
And as you stated, we'll make our position clear,
obviously, in that application, or response, if you will, and
then based on that you can -- we'll see where we are, and it
may be that you send it back Judge Louis, which I also
explained to Mr. Lorquet.
THE COURT:
Okay.
Do you waive speedy trial?
Case 1:22-cr-20326-KMM   Document 139   Entered on FLSD Docket 07/09/2024   Page 8 of 13

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MR. BELL:
Yes.
Yes, Your Honor, we do waive speedy
trial.
THE COURT:
All right.
Okay, we'll do that.
All
right.
Anything from the Government?
MR. BAILYN:
Your Honor, I just wanted to note,
Mr. Bell provided us a hard drive, we put all the discovery on
it, and I got a notification from Fed Ex that it arrived at his
office today.
I wanted to make sure that all the discovery got
over to defense counsel.
THE COURT:
Okay.
MR. BELL:
Yeah.
For the record, you would think I got
some of this from prior counsel.
I did, she sent me a bunch of
discovery.
Some of it was too voluminous, if you will, to
transfer through the link she provided me.
And apparently, there's a lot there.
Mr. Bailyn's
indexes -- according to my assistant -- were 246 pages long.
But I'll be focused more -- at this point, more on the issues
that we just discussed from the recordings of the jail calls,
et cetera.
THE COURT:
Thank you.
MR. BELL:
Thank you, Judge.
COURTROOM DEPUTY:
All rise.
(Proceedings concluded at 2:31 p.m.)
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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 2nd, 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 139   Entered on FLSD Docket 07/09/2024   Page 10 of 13

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mean [2] - 4:24, 5:4
meet [1] - 7:1
meeting [1] - 4:6
merits [1] - 3:18
merits-based [1] -
3:18
MIAMI [1] - 1:2
Miami [4] - 1:4, 1:18,
10:11, 10:11
MICHAEL [1] - 1:13
might [2] - 5:16, 7:25
moment [1] - 8:8
month [1] - 6:21
MOORE [1] - 1:13
motion [8] - 2:14,
2:16, 3:6, 3:10, 3:18,
4:15, 5:12, 6:13
moved [1] - 2:11
MR [26] - 2:6, 2:8,
2:11, 2:24, 3:22, 4:2,
4:23, 5:16, 5:24, 6:2,
6:7, 6:10, 6:20, 6:22,
7:5, 7:8, 7:19, 7:24,
8:2, 8:9, 8:13, 8:19,
9:1, 9:5, 9:11, 9:21
mulligan [1] - 3:16
multiple [1] - 2:16
N
need [8] - 3:13, 3:14,
5:5, 5:6, 5:13, 6:24,
8:7
new [1] - 4:4
next [1] - 7:10
night [1] - 6:13
NO [1] - 1:3
normally [1] - 6:16
North [1] - 10:11
Northeast [1] - 1:18
note [1] - 9:5
notification [1] - 9:7
Number [1] - 2:2
O
oath [4] - 3:1, 3:5,
4:19, 4:22
objected [1] - 6:10
objection [4] - 2:13,
5:2, 6:9, 8:17
objections [1] - 3:12
obviously [2] - 7:8,
8:21
OF [2] - 1:1, 1:4
office [1] - 9:8
OFFICE [1] - 1:17
Official [1] - 1:24
once [1] - 7:20
one [3] - 2:11, 6:16,
7:9
opportunity [3] - 4:9,
4:13, 8:14
opposition [1] - 3:18
order [2] - 2:1, 3:25
own [1] - 3:3
P
p.m [4] - 1:9, 1:9, 9:23
pages [1] - 9:16
Pages [1] - 1:11
part [1] - 6:15
past [1] - 4:17
pause [2] - 5:20, 8:6
period [2] - 6:15, 6:16
persist [2] - 4:16, 7:3
perspective [1] - 4:24
phase [1] - 7:10
PHILIP [1] - 1:20
PLAINTIFF [1] - 1:6
play [1] - 5:11
plea [7] - 2:15, 3:6,
3:10, 4:7, 4:20, 7:4,
7:12
pleading [1] - 3:3
pled [1] - 2:23
PLLC [1] - 1:20
point [5] - 4:5, 5:9,
6:3, 6:4, 9:17
Ponce [1] - 1:21
position [2] - 4:25,
8:20
Powers [1] - 10:9
POWERS [2] - 1:23,
10:10
practices [1] - 4:17
present [1] - 8:7
problem [1] - 3:21
problems [1] - 3:7
procedure [1] - 5:4
proceedings [4] -
5:20, 8:6, 9:23, 10:4
provided [2] - 9:6,
9:14
put [1] - 9:6
Q
questions [2] - 3:2,
4:19
quickly [1] - 8:2
R
R&R [1] - 3:19
rather [1] - 6:3
re [3] - 3:15, 4:25, 6:8
re-position [1] - 4:25
re-refer [2] - 3:15, 6:8
read [4] - 2:20, 5:10,
5:11, 5:13
realized [1] - 2:20
really [1] - 5:10
reasons [1] - 2:16
receive [1] - 5:5
recommendation [2] -
2:14, 3:9
recommends [1] -
3:10
record [2] - 8:11, 9:11
recordings [3] - 2:17,
5:6, 9:18
refer [3] - 3:15, 4:9,
6:8
referral [1] - 3:23
relying [1] - 2:17
report [2] - 2:14, 3:9
REPORTED [1] - 1:23
Reporter [1] - 1:24
requested [1] - 8:3
respond [7] - 2:12,
3:12, 3:17, 6:18, 7:2,
8:4, 8:16
response [7] - 5:2,
6:9, 6:12, 6:14, 6:17,
7:1, 8:21
review [1] - 5:6
reviewed [1] - 4:18
revisit [1] - 4:14
Reyes [1] - 1:20
rise [1] - 9:22
Rosquete [1] - 1:20
RPR [2] - 1:23, 10:10
ruling [1] - 3:23
S
s/Glenda [1] - 10:9
Scheduled [1] - 1:9
scheduling [1] - 3:25
see [4] - 3:18, 5:25,
7:25, 8:22
seeking [1] - 6:13
send [1] - 8:23
sense [1] - 5:18
sent [1] - 9:12
set [1] - 8:16
several [1] - 2:19
skis [2] - 4:2, 5:8
somewhere [1] - 6:25
sorry [3] - 2:13, 7:12,
7:19
sort [4] - 2:18, 4:2,
5:8, 6:12
SOUTHERN [1] - 1:1
specific [1] - 5:12
speed [1] - 8:15
speedy [2] - 8:25, 9:1
spend [1] - 6:23
spending [1] - 2:19
standard [1] - 3:2
state [1] - 2:4
STATES [3] - 1:1, 1:4,
1:14
States [6] - 1:24, 2:3,
2:7, 2:12, 6:10,
10:10
STATUS [1] - 1:12
12
STENOGRAPHICAL
LY [1] - 1:23
still [2] - 4:16, 8:15
Street [1] - 1:18
suggestion [1] - 8:3
Suite [1] - 1:21
T
table [1] - 2:23
THE [32] - 1:13, 1:17,
1:20, 2:10, 2:22,
2:25, 4:1, 4:11, 5:13,
5:19, 5:22, 6:1, 6:5,
6:8, 6:18, 6:21, 6:23,
7:6, 7:13, 7:15, 7:16,
7:17, 7:22, 8:1, 8:5,
8:7, 8:10, 8:18, 8:25,
9:3, 9:10, 9:20
thinking [1] - 5:8
thorough [1] - 4:14
Thursday [2] - 1:6,
6:11
timing [1] - 4:12
today [1] - 9:8
took [1] - 5:23
town [1] - 6:15
transcript [1] - 2:25
transcription [1] -
10:4
transcripts [1] - 4:18
transfer [1] - 9:14
trial [2] - 8:25, 9:2
trust [1] - 4:4
try [1] - 7:23
trying [2] - 4:4, 6:6
U
U.S [1] - 1:17
under [5] - 3:1, 3:3,
3:5, 4:18, 4:22
undermine [1] - 2:18
understandable [1] -
3:13
united [1] - 1:24
UNITED [3] - 1:1, 1:4,
1:14
United [5] - 2:3, 2:7,
2:12, 6:10, 10:10
up [1] - 8:15
up-to-speed [1] - 8:15
V
versus [1] - 2:3
voluminous [1] - 9:13
voluntarily [1] - 4:21
VS [1] - 1:7
Case 1:22-cr-20326-KMM   Document 139   Entered on FLSD Docket 07/09/2024   Page 12 of 13

13
W
waive [2] - 8:25, 9:1
wants [3] - 4:7, 4:16,
7:11
week [3] - 2:12, 6:11,
6:16
willing [1] - 8:16
wishes [1] - 7:3
withdraw [7] - 2:15,
3:6, 3:10, 4:7, 4:15,
5:12, 7:12
withdrawal [1] - 7:3
write [3] - 2:20, 5:10,
5:13
Y
yesterday [1] - 2:11
Case 1:22-cr-20326-KMM   Document 139   Entered on FLSD Docket 07/09/2024   Page 13 of 13

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