Transcript of Proceedings as to Harrescia Hopkins — USA v. Hopkins (Dkt. 25, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00284-SEG-CMS · Doc. 25 · 2023-04-13 · Docket on CourtListener

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Case 1:22-cr-00284-SEG-CMS     Document 25     Filed 04/13/23     Page 1 of 34

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA, 
)
                               ) 
               Plaintiff,      )  CRIMINAL ACTION FILE 
           v.                  )  NO. 1:22-CR-00284-SEG 
                               ) 
HARRESCIA HOPKINS, 
)
                               )  CHANGE OF PLEA 
               Defendant. 
)
_______________________________) 
 
 
 
 
 
BEFORE THE HONORABLE SARAH E. GERAGHTY 
TRANSCRIPT OF PROCEEDINGS 
DECEMBER 20, 2022 
 
 
APPEARANCES: 
 
For the Plaintiff:         OFFICE OF THE U.S. ATTORNEY 
                           (By:  GARRETT BRADFORD) 
 
For the Defendant:         ALPER LEGAL P.C. 
(By:  Benjamin Black Alper) 
 
 
Proceedings recorded by mechanical stenography 
and computer-aided transcript produced by 
 
 
Melissa C. Brock, RPR, RMR, 
Official Court Reporter 
2314 U.S. Courthouse 
75 Ted Turner Drive, SW 
Atlanta, Georgia  30303 
(404) 215-1478 
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Case 1:22-cr-00284-SEG-CMS     Document 25     Filed 04/13/23     Page 2 of 34

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P R O C E E D I N G S 
     (Atlanta, Fulton County, Georgia, December 20th, 2022, in 
open court.) 
THE COURT:  This is the case of the United States
versus -- help me pronounce your name.  Is it Harrescia?
THE DEFENDANT:   Yes.
THE COURT:  Harrescia Hopkins, criminal indictment
number 1:22cr284.
Will counsel for the parties please identify
themselves and name of the parties you represent, starting
with the Government.
MR. BRADFORD:  Good morning, Your Honor.  Garrett
Bradford on behalf of the United States.  I'm joined at
counsel table this morning by Benjamin Gorrel of the U.S.
Department of Justice Office of Inspector General.
THE COURT:  Good morning to both of you.
MR. ALPER:  Good morning, Your Honor.  Benjamin
Alper here with Ms. Hopkins.
THE COURT:  Good morning.
And good morning to you, Ms. Hopkins.
I understand that Ms. Hopkins wishes to enter a plea
of guilty to counts I and II of the criminal indictment and
that there is a plea agreement.  
Is that correct, Mr. Alper?
MR. ALPER:  Yes, Your Honor.
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THE COURT:  Do you have the plea agreement,
Mr. Bradford?
MR. BRADFORD:  I do, Your Honor.
THE COURT:  Okay.  Could you please verify the
signatures of the defendant and defense counsel on the plea
agreement.
MR. BRADFORD:  Yes, Your Honor.
THE COURT:  I'm so sorry.  Ms. Pittman has kindly
pointed out that I forgot to ask her to swear in the
defendant.  
Ms. Pittman.
DEPUTY COURTROOM CLERK:  Ms. Hopkins, will you
please rise and raise your right hand.
HARRESCIA HOPKINS, 
a witness herein, having been first duly sworn, was examined 
and testified as follows: 
DEPUTY COURTROOM CLERK:  Thank you.  You may be
seated.
THE COURT:  All right.  Mr. Bradford.
MR. BRADFORD:  Good morning, Ms. Hopkins.
THE DEFENDANT:  Good morning.
MR. BRADFORD:  I'm showing you a document entitled
guilty plea and plea agreement.  Have you reviewed this
document with your counsel?  
I need you to say "yes".
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THE DEFENDANT:  Yes.
THE COURT:  Ms. Hopkins, can you move the microphone
a little bit closer to you so we can hear you.
MR. BRADFORD:  Ms. Hopkins, is this your signature
above your printed name on Page 15 of the document?
THE DEFENDANT:  Yes.
MR. BRADFORD:  Is this your signature on Page 16 of
the document as well?
THE DEFENDANT:  Yes.
MR. BRADFORD:  Mr. Alper, is this your signature on
Page 15 of the document?
MR. ALPER:  Yes.
MR. BRADFORD:  And is it your signature on Page 17
of the document as well?
MR. ALPER:  It is.
MR. BRADFORD:  Thank you.
Your Honor, Page 15 also contains my signature as
well as the signature of Nathan Kitchens on behalf of the
United States, and the Government now tenders the plea
agreement.
THE COURT:  Thank you.
BY THE COURT:  
Q
Okay.  Ms. Hopkins, the purpose of today's hearing is for
me to determine whether to accept your guilty plea.  To help
me make that determination, I'm going to be asking you many
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questions to make sure that you understand your rights and the
rights you waive when pleading guilty.
It's important for me to be thorough at change of plea
hearings like this one, so that's the reason for the number of
questions I will ask today.
With that, we'll get started.
Ms. Hopkins, before I can accept your plea of guilty, I
must make sure that your guilty plea is voluntary, knowing,
and intelligently made.  That is, I need to make sure that you
understand the rights you have, the options available to you,
and the consequences of pleading guilty.
In order to find that you are entering a plea of guilty
voluntarily, knowingly and intelligently, again, I'm going to
be asking you a number of questions.  If you do not understand
something that I say, or if you have any questions, please let
me or your lawyer know.
You will agree to do that?
A
Yes.
Q
Ms. Hopkins, we need to be able to hear your responses
today, so I'm going to have to ask you to move that microphone
closer to you and speak up.  I understand that you are -- you
may be feeling a little bit emotional right now; is that
correct?
A
Yes.
Q
All right.  That is completely understandable.  I'm going
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to just ask you these questions one by one, but I do need to
hear your responses.  So if I can just ask you to speak up a
little bit, please.  Okay.  All right.
You have just taken an oath to tell the truth.  So you
must answer any questions asked of you completely and
truthfully.
It's important that you answer truthfully, as the
Government would have the right to pursue perjury charges
against you, if you were to make false statements under oath
today.
Do you understand that?
A
Yes.
Q
Have you been advised by anyone not to tell the complete
truth today?
A
No.
Q
Please state your full, legal name.
A
Harrescia Denisha Hopkins.
Q
Have you been known by any other name?
A
No.
Q
How old are you, ma'am?
A
34.
Q
Where were you born?
A
Jackson, Mississippi.
Q
How far did you go in school?
A
I have a Masters in Public Administration with a
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concentration in Healthcare Management.
Q
Okay.  Can you read and write in English?
A
Yes.
Q
In the last 24 hours, have you had any alcohol, pills,
medicine, or drugs of any kind?
A
Pills, yes.
Q
Okay.  Tell me what kinds of pills, please.
A
My anxiety medicine.
Q
Okay.  Any other kinds?
A
No.
Q
Okay.  Is there any reason to believe that the medicine
you take for anxiety would impair or affect in any way your
ability to enter a knowing and voluntary plea to the charged
offense today?
A
No.
Q
Okay.  Have you recently been treated for alcoholism or
addiction to drugs of any kind?
A
No.
Q
Have you recently been treated or hospitalized for any
mental illness or condition?
A
Outpatient, yes.
Q
Outpatient, okay.  And, again, is there any reason to
believe that whatever treatment you have received outpatient
would impair or affect in any way your ability to enter a
knowing and voluntary plea today?
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A
No.
THE COURT:  Mr. Alper, has Ms. Hopkins told you
anything about medication, pills, drugs, alcohol or other
factors that might affect her actions today or do you know of
any?
MR. ALPER:  No, Your Honor.
THE COURT:  Do you have any doubt as to Ms. Hopkins'
competence to plead at this time?
MR. ALPER:  No, Your Honor.
BY THE COURT:  
Q
Ms. Hopkins, I'm going to go over a number of rights that
the Constitution and laws of the United States guarantee to
you.  I need to make sure that you understand these rights
and, very importantly, that you give up a number of these
rights by pleading guilty.
Do you understand that under the Constitution and laws of
the United States, you have the right to plead not guilty and
maintain your plea of not guilty to and through a trial by
jury?
A
Yes.
Q
Do you understand that you are entitled to a speedy and
public trial by a jury or judge on the charges contained in
the indictment?
A
Yes.
Q
Do you understand that if a trial occurred, you would
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have the right to have counsel to assist you throughout the
trial?
A
Yes.
Q
Do you understand that at a trial, you would be presumed
to be innocent and the Government would have to overcome that
presumption and prove you guilty beyond -- excuse me -- and
prove you guilty by competent evidence and beyond a reasonable
doubt?
A
Yes.
Q
Do you understand that at trial, you would not have to
prove that you were innocent, because the burden would be on
the Government to prove you guilty beyond a reasonable doubt?
A
Yes.
Q
Do you understand that you would have the right at trial
to subpoena witnesses and compel their appearance on your
behalf?
A
Yes.
Q
Do you understand that in the course of a trial, the
witnesses for the Government have to come to court and testify
in your presence?
A
Yes.
Q
Do you understand that in the course of a trial, your
counsel could cross-examine the witnesses for the Government,
object to evidence offered by the Government, and offer
evidence on your behalf?
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A
Yes.
Q
Do you also understand that at a trial, while you would
have the right to testify, if you chose to do so, you would
also have the right not to testify?
A
Yes.
Q
Do you also understand that at a trial, if you chose not
to testify or put up any evidence, these facts could not be
used against you?
A
Yes.
Q
Do you understand that you have the right at trial to
have the jury render a unanimous verdict, before you could be
convicted?
A
Yes.
Q
Do you understand that if you went to trial and were
convicted, you would have the right to appeal the
determination of your guilt and any sentence imposed to a
higher court, and just as at a trial, you would have the right
to the assistance of a lawyer to perfect the appeal, if you
were entitled to one in this court?
A
Yes.
Q
If I accept your plea, do you understand that you will
waive your right to a trial and the other rights I have just
discussed?
A
Yes.
Q
Do you understand that by entering a plea of guilty,
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there will be no trial and I will simply enter a judgment of
guilty and you will be sentenced on the basis of your guilty
plea?
A
Yes.
Q
By admitting your guilt, you lose the presumption of
innocence.  The Government no longer has to prove you guilty
because you admit your guilty.  No witnesses will be called to
testify or other evidence admitted on the issue of guilt or
innocence.
Do you understand that?
A
Yes.
Q
By pleading guilty, do you also understand that you will
have to waive your right not to incriminate yourself, since I
will have to ask you questions about what you did in order to
satisfy myself that you are guilty as charged and you will
have to admit your guilt?
A
Yes.
Q
Once again, are you willing to waive and give up your
right to a trial and the other rights I have just discussed?
A
Yes.
THE COURT:  At this time, I will ask Mr. Bradford,
please, to summarize the terms of the plea agreement, and just
the terms, please, Mr. Bradford.  I'll ask you in just a
moment about the sentence.
MR. BRADFORD:  Yes.  Thank you, Your Honor.
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Your Honor, the guilty plea and the plea agreement
includes provisions that state that the defendant admits that
she is pleading guilty because she is, in fact, guilty of the
crimes charged in counts I and II.
The Government agrees to not bring additional
charges against the defendant related to the charges to which
she's pleading guilty.
For purposes of the sentencing guidelines, the
parties agree that the amount of loss resulting from the
offenses of conviction and all relevant conduct is more than
$40,000 but less than $95,000.
The Government will recommend that the defendant
receive maximum credit for acceptance of responsibility.
The parties reserve the right to inform the Court
and probation office about all the facts and circumstances
regarding the defendant in this case and to answer questions,
correct misstatements, and make recommendations to the Court.
Should the Government obtain or receive additional
evidence concerning the facts underlying such recommendations,
the Government reserves the right to modify those
recommendations.
The Government agrees to recommend that the
defendant be sentenced at the low end of the adjusted
guideline range.  The defendant agrees to pay $41,655 as
restitution.  The defendant waives and abandons any interest
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in property subject to forfeiture in this case.
The defendant agrees that she will pay a special
assessment in the amount of $200 and pay any fine and/or
restitution ordered by the Court.
The defendant agrees to participate in the financial
disclosure process prior to sentencing.
The defendant understand that the recommendations
and stipulations in the plea agreement are not binding on the
Court.
There is a limited waiver of appeal that reads in
full to the maximum extent permitted by federal law, the
defendant voluntarily and expressly waives the right to appeal
her conviction and sentence and the right to collaterally
attack her conviction and sentence in any post-conviction
proceeding, including but not limited to motions filed
pursuant to 28 U.S.C. 2255 on any ground except that the
defendant may file a direct appeal of an upward departure or
upward variance above the sentencing guideline range as
calculated by the district court.  Claims that the defendant's
counsel rendered constitutionally ineffective assistance are
excepted from this waiver.
The defendant understands that this plea agreement
does not limit the Government's right to appeal.  But if the
Government initiates a direct appeal of the sentence imposed,
the defendant may file a cross appeal of that same sentence.
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There is a waiver of Freedom of Information Act and
Privacy Act rights.  
And, finally, there is a merger clause stating there
are no other agreements, promises, representations or
understandings between the defendant and the Government.
THE COURT:  Okay.  Thank you, Mr. Bradford.
BY THE COURT:  
Q
Ms. Hopkins, the prosecutor has disclosed a plea
agreement that you and all counsel have entered into and the
terms of that agreement.
Do you agree with the description of the agreement that
you just heard?  
Put another way, is this what you have agreed to?
A
Yes.
Q
Do you understand the plea agreement?
A
To a certain extent.
Q
Okay.  Can you tell me when you say "to a certain
extent", what do you mean by that?  Is there some part of the
plea agreement that you are -- you do not understand?
A
What is the low end.
THE COURT:  I'm sorry.  I couldn't hear you.
THE DEFENDANT:  The low end.  What does that mean?
THE COURT:  So, let me get to the page in the plea
agreement to which I believe the Government was referring.
MR. ALPER:  Do you want me to speak with her, Judge?
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THE COURT:  Yes.  I think that would be helpful.
Why don't you all take a few minutes.  
And, Ms. Hopkins, I understand that this is a
difficult day for you.  And so, if you need a few minutes to
speak with your lawyer, that would be completely fine with me.  
MR. ALPER:  Thank you, judge.
THE COURT:  All right.  So let me -- let's be in
recess for five minutes.
MR. ALPER:  Thank you.
(Whereupon, a break was taken.) 
THE COURT:  Mr. Alper, does Ms. Hopkins wish to
proceed with the change of plea hearing at this time?
MR. ALPER:  She does, Your Honor.  
And we apologize.  Obviously it's very emotional.
It's a tough day and we knew it was going to be a tough day.
she's ready, and we'll get through it.  So I appreciate the
Court's patience.
THE COURT:  There is no need whatsoever to
apologize.
BY THE COURT:  
Q
Ms. Hopkins, do you want to go forward with the change of
plea hearing today?  Should we proceed with the hearing today?
A
Yes.
Q
Okay.  Ms. Hopkins, have you read the plea agreement?
A
Yes.
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Q
Okay.  And have you had an opportunity to talk to your
lawyer your about the agreement and the provisions that it
contains?
A
Yes.
Q
Okay.  You expressed confusion a moment ago about one
particular term of the agreement.  The term that subject to
certain conditions, the Government will recommend a sentence
at the low end of the guideline range.
Have you had an opportunity to discuss that part of the
plea agreement with your attorney?
A
Yes.
Q
Okay.  And having discussed it with your lawyer, do you
feel that you understand that particular part of the plea
agreement at this point?
A
Yes.
Q
Okay.  Do you understand that the terms of the plea
agreement are mere recommendations to the Court and that the
Court can reject the recommendation without permitting you to
withdraw your plea of guilty and can impose a sentence that is
more severe than you might anticipate?
A
Yes.
Q
Is this the only agreement that you have entered into
with the Government?
A
Yes.
Q
Ms. Hopkins, has anyone made any promise other than the
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plea agreement that induced you to plead guilty?
A
No.
Q
Has anyone made a promise to you as to what your actual
sentence will be?
A
No.
Q
Other than the plea agreement, has anyone threatened or
forced you to plead guilty or told you that if you do not
plead guilty, further charges will be brought against you or
other adverse actions will be taken against you?
A
No.
THE COURT:  Mr. Alper, have you advised Ms. Hopkins
concerning the legality of any statements or confessions or
other evidence the Government has against her?
MR. ALPER:  Yes, ma'am.
THE COURT:  Is Ms. Hopkins pleading guilty because
of any illegally-obtain evidence in the possession of the
Government, to your knowledge?
MR. ALPER:  No, Your Honor.
THE COURT:  Have you made any promises to
Ms. Hopkins of a particular sentence, in the event of a plea
of guilty?
MR. ALPER:  No, Your Honor.
THE COURT:  Do you have any knowledge of any plea
agreement or bargain affecting the plea being tendered in this
case, other than what has been discussed here in open court?
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MR. ALPER:  No, Your Honor.
THE COURT:  Do you know of any reason why I should
not accept the plea of guilty today?
MR. ALPER:  No, judge.
THE COURT:  Have you had sufficient time to discuss
this matter fully with your client, prior to her entry of a
plea of guilty today?
MR. ALPER:  Yes, Your Honor.
BY THE COURT:  
Q
Ms. Hopkins, do you feel that you have had sufficient
time to think about and discuss this matter fully with your
lawyer, before entering a plea of guilty today?
A
Yes.
Q
Are you satisfied with the representation of your lawyer
in this case?
A
Yes.
Q
Have you had enough time to talk with your lawyer about
this plea offer and whether or not you should accept it?
A
Yes.
Q
In this case, you have been charged with two counts of
wire fraud under 18 U.S. Code 1343.
THE COURT:  At this time, I will ask Mr. Bradford,
please, to state the elements of the offense alleged in the
indictment to -- of the offenses alleged in the indictment to
which Ms. Hopkins is pleading guilty.  
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And, Ms. Hopkins, after the prosecutor is finished,
I will, then, ask you whether you understand that those are
the matters that that the Government would have to prove
beyond a reasonable doubt in order to convict you at trial.
MR. BRADFORD:  Your Honor, the elements of wire
fraud charged in both counts I and II of the indictment, the
elements are, first, the defendant knowingly devised or
participated in a scheme to defraud someone by using false or
fraudulent pretenses, representations, or promises.
Second.  The false pretenses, representations or
promises were about a material fact.
Third.  The defendant acted with the intent to
defraud.  
And, fourth, the defendant transmitted or caused to
be transmitted by wire some communication in interstate
commerce to help carry out the scheme to defraud.
THE COURT:  Okay.  Thank you, Counsel.
BY THE COURT:  
Q
Ms. Hopkins, do you understand what the Government is
charging you with here?
A
Yes.
Q
Have you discussed with your lawyer the charges in the
indictment to which you intend to plead guilty?
A
Yes.
THE COURT:  At this time, I'm going to ask
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Mr. Bradford to summarize what the evidence will show.  And
here again, Ms. Hopkins, I'd ask you to listen closely to what
the prosecutor says, because when he's finished, I will, then,
ask you whether you agree or disagree with what he says.
MR. BRADFORD:  Your Honor, as stated in paragraph 12
of the plea agreement, the parties agree that if this case 
went to trial, the Government would prove by admissible
evidence and beyond a reasonable doubt the following facts:
On or about August 3rd, 2020, while residing in the Northern
District of Georgia and employed as a Federal Bureau of
Prisons correctional officer at the United States Penitentiary
in Atlanta, Georgia, the defendant electronically signed and
submitted a Paycheck Protection Program or PPP borrower
application form for a business named Hopkins Towing and
Storage via the internet to MBE Capital Partners, LLC.
The defendant requested a loan in the amount of
$19,100 and falsely stated on the application that Hopkins
Towing and Storage was 100 percent owned and operated by the
defendant; had gross income of $100,525 in 2019 and would use
the PPP loan to maintain payroll or for other business
expenses.  The defendant submitted a false IRS Schedule C form
to support her application.
On or about August 17th, 2020, the defendant
electronically signed and submitted via the internet a U.S.
Small Business Administration note for SBA loan number ending
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in 8207 in the amount of $19,100.
On or about August 26th, 2020, as a result of the
loan application and note signed by the defendant, MBE Capital
Partners transferred $19,100 into her checking account.  The
U.S. Small Business Administration also paid MBE Capital
Partners a $955 lender guarantee fee.
On or about January 21st, 2021, the defendant
electronically signed and submitted a PPP second draw borrower
application form for an additional $19,100 for Hopkins Towing
and Storage via the internet to MBE Capital Partners.  This
same application repeated the same false statements.  I'm
sorry.  This application repeated the same false statements
and attached the same falsified IRS Schedule C form as the
first application.
On or about February 4th, 2021, the defendant
electronically signed and submitted via the internet a U.S.
Small Business Administration note for SBA loan number ending
in 8307 in the amount of $19,100.
On or about February, 11th, 2021, as a result of the
loan application and note signed by the defendant, MBE Capital
Partners transferred an additional $19,100 into her checking
account.  The US SBA also paid MBE Capital Partners an
additional $2500 lender guarantee fee.
When making these applications, the defendant knew
that Hopkins Towing and Storage was not a real or functioning
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business, and knew that the information on the applications
and IRS Schedule C form was not true.
The defendant spent the PPP money on personal
expenses, including a Caribbean cruise and other travel, a
down payment and other expenses relating to purchasing a new
Chevrolet Blazer, landscaping for her house, restaurant meals,
and retail goods.  The defendant also transferred some of the
money to relatives.
THE COURT:  Thank you, Counsel.
Mr. Alper, do you have material disagreements with
the Government's summary of the evidence that the Government
could prove, if the case went to trial?
MR. ALPER:  No, Your Honor, I don't.
BY THE COURT:  
Q
Ms. Hopkins, do you understand -- do you agree with the
prosecutor's summary of what you did?
MR. ALPER:  Can I have a moment?
THE COURT:  Sure.
MR. ALPER:  There may be some question as to how the
money was used, Judge.  I mean it doesn't change, I think, the
material facts of the charge and what they would prove as to
how it was spent is kind of irrelevant.  But regarding her
car, her vehicle, that may not have gone to that, but it was
all in the same account, so it was kind commingled.  So I
think that's kind of where she's coming from.  That's the only
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question she's raising.
BY THE COURT:  
Q
Okay.  So if I understand correctly, and Ms. Hopkins,
correct me if I'm mistaken here, but you are expressing some
disagreement about how the funds that you received were spent;
is that correct?
A
Yes.
Q
Do you have any disagreement with any of the other -- any
of the other description that the prosecutor has provided of
the conduct that you engaged in in this case?
A
Landscaping.
Q
Okay.  So, again, you are describing an allegation that
the Government made about how the money was spent; is that
correct?
A
Yes.
Q
And other than quarrels about how the Government says the
money was spent, do you have any disagreement about what the
Government says that you did in this case?
A
No.
THE COURT:  Okay.  And, Mr. Alper, do you consider
that Ms. Hopkins' disagreement about whether or not she spent
money on landscaping, do you consider this to be a material
disagreement that would undermine the Government's summary of
the evidence that it could prove, if the case went to trial?
MR. ALPER:  Not at all, Judge.
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THE COURT:  Okay.
BY THE COURT:  
Q
Ms. Hopkins, are you, in fact, guilty of counts I and II,
wire fraud in violation of 18 U.S.C. 1343?
A
Yes.
Q
All right.  
THE COURT:  I find that there is a factual basis for
the plea of guilty.
At this time, I'll ask Mr. Bradford to state the
maximum penalty and fine that can be imposed on this charge
and any mandatory minimums that might apply at sentencing.
MR. BRADFORD:  Yes, Your Honor.
As to each of the counts I and II, there is a
maximum term of imprisonment of 30 years.  There is no
mandatory minimum term of imprisonment.  There's a term of
supervised release of zero to five years, a maximum fine of
$1 million or twice the gain or twice the loss, whichever is
greatest, due and payable immediately, full restitution, a
mandatory special assessment of $100, and forfeiture of any
and all proceeds from the commission of the offense, any and
all property used or extended to be used to facilitate the
offense and any property involved in the offense.
THE COURT:  Mr. Alper, do you agree with the
Government's statement?  
MR. ALPER:  Yes, Your Honor.
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BY THE COURT:  
Q
Ms. Hopkins, do you understand the maximum and minimum
penalties that may be imposed, as a result of your guilty
plea?
A
Yes.
Q
Do you understand that it will be up to the Court to
decide the sentence that you receive?
A
Yes.
THE COURT:  Mr. Alper, is your client a United
States citizen?  
MR. ALPER:  She is, Your Honor.
THE COURT:  Okay.  So there are no immigration
consequences to the plea of which you are aware?
MR. ALPER:  That's correct.
THE COURT:  Okay.
BY THE COURT:  
Q
Ms. Hopkins, the United States Sentencing Commission has
issued guidelines that judges are obligated to consider in
determining the sentence in a criminal case.
Have you and your lawyer talked about how the sentencing
guidelines might apply to your case?
A
Yes.
Q
Essentially, the guidelines categorize all federal crimes
and assign points due to the seriousness of the offense, the
defendant's actions and other specific characteristics.  The
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guidelines also take into account a person's prior criminal
record or lack of criminal record.  The result is a score that
represents a range of a term of months of incarceration.
These guidelines are advisory, but I have to calculate and
consider the range that would apply to you.
Do you understand that?
A
Yes.
Q
Do you understand that it is not possible to determine
the exact guidelines for your case until after the presentence
report has been completed and you and the Government have had
the opportunity to challenge the facts reported by the
probation officer?
A
Yes.
Q
Do you understand that after it has been determined what
guidelines apply to a case, the Court has the authority to
impose a sentence that is more severe or less severe than the
sentence called for by the guidelines.
A
Yes.
Q
Do you also understand that as part of your plea
agreement, with three narrow exceptions, you are giving up the
right you would have to appeal the sentence that will be
imposed in this case?
A
Yes.
Q
Specifically, unless there has been, one, an upward
departure or variance from the guidelines or; two, an appeal
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    27
taken by the Government; or three, a claim that your counsel
gave you constitutionally ineffective assistance, you are
giving up your right to appeal, which means you will be bound
by the Court's decision as to your sentence.
Do you understand that?
A
Yes.
Q
Do you understand that you are also giving up your right
to collaterally attack your conviction and sentence in any
post-conviction proceeding?
In other words, after your conviction, you cannot file a
complaint that says there was some defect in the prosecution
of your case that justifies your release -- your release from
your sentence.
Do you understand that?
A
Yes.
Q
Other than the plea agreement, has anyone made any
promise to you that caused you to give up your right to appeal
your sentence?
A
No.
THE COURT:  Mr. Alper, have you and Ms. Hopkins
discussed the limited waiver of appeal and determined that it
is in her best interest to agree to the waiver?
MR. ALPER:  Yes, Your Honor, we have.
BY THE COURT:  
Q
Ms. Hopkins, do you understand that parole in the federal
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system has been abolished and that if you are sentenced to
incarceration, you will not be released on parole?
A
Yes.
Q
Do you understand that if you are on probation or parole
for another offense, a plea of guilty in this case may result
in the revocation of that probation or parole?
A
Yes.
Q
Do you understand that the sentence imposed in this case
may run consecutively, that is on top of or following any
other sentence that you might now be serving for a different
offense?
A
Yes.
Q
Do you understand that a plea of guilty in this case may
be taken into consideration, in the event that you are in the
future convicted of another offense?
A
Yes.
Q
Do you understand that your conviction in this case may
be taken into consideration by employers and educational
institutions or other entities, including but not limited to
your qualifications for the receipt of some public benefits or
the ability to obtain or hold certain employment positions?
A
Yes.
Q
Do you understand that the offense to which you are
pleading guilty is a felony offense, and that if your plea is
accepted and you are found guilty of this offense, then such a
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finding may deprive you of valuable civil rights, such as the
right to vote, the right to hold public office, the right to
serve on the jury, and the right to possess any kind of
firearm?
A
Yes.
Q
Do you understand that you may be sentenced to a term of
supervised release, and that if you violate the conditions of
release, you can be sent to prison for the entire term of
supervised release?
A
Yes.
Q
Do you understand that you will be ordered to pay a
special assessment of $100 for each charge to which you are
pleading?
A
Yes.
Q
Do you understand that you may be ordered to make
restitution to any victim of the offense?
A
Yes.
Q
Do you understand that if the sentence is more severe
than you expected, you will still be bound by your plea and
will not have the right to withdraw it?
A
Yes.
Q
The Government has agreed to make certain recommendations
as part of your plea agreement.  Do you understand that if the
Court does not accept the sentencing recommendations in your
plea agreement, you will still be bound by your plea?
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A
Yes.
Q
Is there anything that I have said or any question that I
have asked that you do not understand or would like for me to
clarify?
A
No.
THE COURT:  Mr. Alper, is there anything else you
wish to address with your client at the time?
MR. ALPER:  No, Your Honor.
THE COURT:  Mr. Bradford and Mr. Alper, are there
any other inquires of Ms. Hopkins that I should make before
announce my findings concerning the plea?
MR. BRADFORD:  No, Your Honor.
MR. ALPER:  No, Your Honor.  Thank you.
BY THE COURT:  
Q
All right.  Ms. Hopkins, how do you plead, guilty or not
guilty?
A
Guilty.
Q
Is your guilty plea voluntary and of your own freewill?
A
Yes.
THE COURT:  At this time, I find that Ms. Hopkins
understands the charge and the consequences of her plea of
guilty.
I have observed Ms. Hopkins during the proceeding,
and she does not appear to be under the influence of any
substance which might affect her judgment or actions in any
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manner.
I find that the offer of the plea of guilty of the
defendant to the criminal indictment has a factual basis.  It
is free of any coercive influence of any kind.  It is
voluntarily made with full knowledge of the charge against her
and the consequences of her plea.
I find that Ms. Hopkins is competent to understand
these proceedings and to enter a knowing plea of guilty.
I find that there have been no promises of any kind
made to her by anyone, other than those discussed in open
court and in the plea agreement.
It is ordered that the plea of guilty of Harrescia
Hopkins to counts I and II of the criminal indictment in case
number 1:22cr284 is accepted and entered.
Ms. Hopkins, you are hereby adjudged guilty of
counts I and II of the indictment.
Ms. Pittman, when will we have Ms. Hopkins's back
for sentencing?
DEPUTY COURTROOM CLERK:  Judge, the sentencing is
set for March 22nd, 20203, at 10:30 a.m.
THE COURT:  Okay.  Is Ms. Hopkins currently on bond?
MR. ALPER:  Yes, Your Honor.
THE COURT:  Okay.  And does the Government have any
objection to her remaining on bond until the date of
sentencing?
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MR. BRADFORD:  No, Your Honor.
THE COURT:  Okay.  Ms. Hopkins, you'll remain on
bond until sentencing.
I just want to let you know that it's your
responsibility to come back to court at the appointed time for
sentencing.
I must put you on notice that if you fail to appear,
you can be prosecuted for a separate offense having to do with
failing to appear in court.
Do you understand that?
THE DEFENDANT:  Yes.
THE COURT:  Mr. Alper, in the event that Ms. Hopkins
wishes for any medical issues or mental health issues that she
may have to be considered by the Court in sentencing, you're
directed to provide detailed medical documentation and a
detailed letter from a doctor or mental health provider that
addresses the circumstances and any treatment considerations.
MR. ALPER:  Yes, Judge.
THE COURT:  And then, Counsel, I would be grateful
if you could, please, provide me with a sentencing memorandum
at least five business days prior to the sentencing hearing in
this case.
Is there anything else that we should take up before
we adjourn?
MR. ALPER:  No, Your Honor.
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MR. BRADFORD:  Not from the Government, Your Honor.
THE COURT:  Okay.  All right.  In that case, Thank
you, Counsel, and I'll see you in March.
MR. ALPER:  Thank you, Judge.
THE COURT:  We are adjourned.
(The proceedings concluded at 11:19 a.m.) 
(Whereupon, the proceedings were concluded.) 
 
 
REPORTER CERTIFICATION 
 
 
I do hereby certify that the foregoing pages are a true and 
correct transcript of the proceedings taken down by me in the 
case aforesaid.  
This, the 12th day of April 2023.  
 
Melissa C. Brock RPR, RMR     
/s/Melissa C. Brock RPR, RMR  
                 OFFICIAL COURT REPORTER  
 
 
   
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