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Transcript of Sentencing — United States v. Amber Bruey
No. 2:21-cr-00074 · Doc. 134 · Docket on CourtListener
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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA, ) Fort Myers, Florida
)
) Case 2:21-CR-74-JLB-MRM
Plaintiff )
) Wednesday, July 13, 2022
vs. )
) 11:59 a.m. to
ANTHONY JAMES BRUEY, and )
AMBER REWIS BRUEY, )
)
Defendants. )
_______________________________)
TRANSCRIPT OF SENTENCING, PART TWO
DAY 2 OF 2, VOLUME 2 OF 2
HELD BEFORE THE HONORABLE THOMAS P. BARBER,
United States District Court Judge
Official Court Reporter:
Jeffrey G. Thomas, RPR, CRR
2110 First Street, Suite 2-194
Fort Myers, FL 33901
Telephone: (239) 461-2033
(Proceedings reported by Stenotype; Transcript produced by
computer-aided transcription.)
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2
1 A P P E A R A N C E S
2
COUNSEL FOR GOVERNMENT:
3
United States Attorney's Office
4 Middle District of Florida
United States Courthouse
5 2110 First Street
Room 3-137
6 Fort Myers, FL 33901
(239)461-2200
7 BY: TRENT REICHLING, ESQ.
8
COUNSEL FOR DEFENDANT JAMES BRUEY:
9
Mangone & Miller Law Offices
10 Suite 502
2335 Stanford Court
11 Naples,Florida 34112
(239)774-4100
12 BY: LANDON P. MILLER, ESQ.
13
COUNSEL FOR DEFENDANT AMBER REWIS BRUEY:
14
Federal Public Defender's Office
15 2075 West First Street, Suite 300
Fort Myers, FL 33901
16 (239) 334-0397
BY: JAMES LAPPAN, ESQ.
17
18 ALSO PRESENT:
19 JODI PETERSEN, Pretrial Services Officer
20
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1 I N D E X
2 July 13, 2022 Vol. Page
3 Preliminary Discussions 2 4
4 Argument by Mr. Miller 2 4
5 Imposition of Sentence 2 5
6 Objections by Mr. Lappan 2 19
7 Certificate of Court Reporter 2 23
8
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ARGUMENT BY MR. MILLER 4
1 * * * P R O C E E D I N G S * * *
2 - - -
3 THE COURT: All right. Next is the Brueys. Let's
4 take up that case.
5 Do you want to do Anthony first, I guess? Let's do
6 Anthony first.
7 This is Case Number 21-CR-74, United States versus
8 Anthony Bruey.
9 MR. REICHLING: Good morning, Judge. Trent Reichling
10 on behalf of the United States.
11 MR. MILLER: Good morning, Your Honor. Landon Miller
12 on behalf of Anthony Bruey, who is present, seated to my left.
13 THE COURT: All right. So this is a case that we
14 spent some time on. I think this might be the third time I've
15 seen Mr. Bruey, second time I've seen Ms. Bruey. I've spent a
16 lot of time thinking about it, analyzing it.
17 We had a sentencing hearing previously where I took
18 in a bunch of information. Today is the day where I told you
19 we would come back where I would impose the sentence. So,
20 unless there's something else somebody wants to say that's new
21 information, or anything like that, I'm just going to do most
22 of the talking this time.
23 Is there anything else I need to know about here?
24 MR. REICHLING: No, Your Honor.
25 MR. MILLER: Judge, on behalf of Mr. Bruey, there was
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IMPOSITION OF SENTENCE 5
1 one thing that I forgot to mention at our last sentencing, that
2 I discussed with Mr. Reichling this morning, and that is that
3 there's been a fair amount of cash received, and I believe it
4 to the tune of 60,000. It was in a different account. Once
5 they got arrested, the Brueys disclosed where that money was,
6 and turned it over to the government without the forfeiture
7 proceedings.
8 THE COURT: That's good. That's a good fact.
9 MR. MILLER: And then I believe a lot of vehicles
10 have been recovered; and, of course, the house is now up for
11 sale.
12 THE COURT: Okay. All right. Where are we now?
13 Last time, I got a new piece of information that Mrs. Bruey was
14 pregnant. What's the due date?
15 MR. LAPPAN: That would be February 25th, Your Honor.
16 THE COURT: February. What's the math on that? I
17 guess we're already in July; right? February 25th, the end of
18 February?
19 MR. LAPPAN: Yes, Your Honor.
20 THE COURT: All right.
21 So, in Anthony Bruey's case, looks like on March 4th,
22 2022, he entered a plea of guilty to Count 1, 12, 13, 14, 15,
23 16, of an indictment charging him, in Count 1, with conspiracy
24 to commit wire fraud, in violation of Title 18 U.S. Code
25 Section 1349; and Counts 12 through 13, with wire fraud, in
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IMPOSITION OF SENTENCE 6
1 violation of Title 18 U.S. Code Section 1343; Count 14,
2 conspiracy to commit money laundering, in violation of Title 18
3 U.S. Code Section 1956(h); and, in Counts 15 through 16, with
4 illegal monetary transactions, in violation of Title 18 U.S.
5 Code Section 1957.
6 I previously accepted his guilty plea and adjudicated
7 him guilty. And we previously discussed where he fell in the
8 sentencing guidelines, and that's all been covered before.
9 It's now time to impose the sentence.
10 Pursuant to Title 18 U.S. Code Section 3551 and 3553,
11 it is my judgment that the defendant, Anthony James Bruey, will
12 be committed to the custody of the Bureau of Prisons for a term
13 which I will announce momentarily.
14 Upon release from imprisonment, he shall serve
15 three years of supervised release on each count to run
16 concurrent. While on supervised release, he shall comply with
17 the mandatory and standard conditions adopted in the Middle
18 District of Florida, and comply with the following special
19 conditions:
20 Number 1, participate in a mental health treatment
21 program, outpatient or inpatient, follow the probation
22 officer's instructions regarding that directive. He'll also
23 have to contribute to the cost of those services not to exceed
24 an amount determined reasonable by the probation office.
25 He is prohibited from incurring new credit charges,
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IMPOSITION OF SENTENCE 7
1 opening additional lines of credit, or obligating himself for
2 any major purchases without the approval of the probation
3 office.
4 He has to provide the probation officer access to any
5 requested financial information.
6 Having been convicted of a qualifying felony, he must
7 cooperate in the collection of DNA as directed by the probation
8 office.
9 He has to refrain from any unlawful use of controlled
10 substances and submit to one drug test within 15 days of
11 placement on supervision, and two periodic drug tests
12 thereafter, as directed bring the probation officer. He has to
13 submit to random drug testing not to exceed 104 tests per year.
14 Restitution. These amounts are all staying the same,
15 irrespective of what they have tried to pay back. They just
16 get credit for that; right?
17 MR. MILLER: That's my understanding, Judge.
18 THE COURT: All right.
19 MR. LAPPAN: That's correct.
20 THE COURT: Okay. So restitution in the amount of
21 $881,659.35, as set forth below: To the Celtic Bank,
22 $35,959.35; Customer's Bank, $20,000; TransPecos Bank, $62,400,
23 Small Business Administration, $763,300. This obligation is
24 payable to the U.S. District Court for distribution to victims,
25 it's joint and several with the co-defendant, Amber Bruey.
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IMPOSITION OF SENTENCE 8
1 While in the Bureau of Prisons custody, they will
2 have to either pay at least $25 quarterly if you have a
3 non-UNICOR job, or at least 50 percent of the monthly earnings
4 if you have a UNICOR job. Upon release, you have to pay
5 restitution at the rate of $300 a month. At any time during
6 the course of post release supervision, the victim, the
7 government, or the defendant may notify me of a material change
8 in the defendant's ability to pay, and I will adjust the
9 payment schedule accordingly.
10 I find the defendant does not have the ability to pay
11 interest, so that's waived. And a fine is waived also. He
12 doesn't have the ability to pay that.
13 I already signed the forfeiture order on April 27th,
14 so that covers the forfeiture.
15 There is a $600 special assessment, which is due
16 immediately, which I don't have any control over.
17 Is there a plea agreement?
18 MR. REICHLING: No, Judge. This as straight-up plea.
19 THE COURT: So then you have a right to appeal within
20 14 days of entry of the judgment. Failure to appeal within
21 14 days is a waiver of your right to appeal. The government
22 may file an appeal from the sentence.
23 You are also advised you are entitled to the
24 assistance of counsel in taking an appeal. If you're unable to
25 afford a lawyer, one will be provided for you. If you can't
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IMPOSITION OF SENTENCE 9
1 afford the filing fee, the clerk will be directed to accept the
2 notice of appeal without a fee.
3 You are going to be allowed voluntary surrender at an
4 institution designated by the Bureau of Prisons.
5 Where is it he'd like to go?
6 MR. MILLER: The North Carolina area, Judge.
7 THE COURT: I'm not familiar with the places up
8 there. Okay. Whatever prisons there are in the information
9 area. And he's going to be ordered to report, we'll
10 say . . . . What is this, this is the middle of July. What's
11 is it, August 15th, is that good?
12 MS. PETERSEN: I believe.
13 THE COURT: What's August 15th?
14 COURTROOM DEPUTY: It's a Monday.
15 THE COURT: A Monday? Good. Fine. August 15th is
16 his report date at the institution that they will designate
17 for.
18 Now, after considering the advisory sentencing
19 guidelines, and all the factors identified in Title U.S. Code
20 Section 3553(a)(1) through (7), I find the sentence I'm about
21 to impose is sufficient but not greater than necessary to
22 comply with the statutory purposes of sentencing.
23 I've considered the various points that have been
24 made here, including the idea that Mr. Bruey was volunteering
25 to basically do some of the time that maybe his wife deserved
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IMPOSITION OF SENTENCE 10
1 so that she wouldn't have to spend time behind bars, and I
2 considered that, and we talked about that. That's a tricky
3 proposition, and I'm not sure it's appropriate in any event.
4 The guideline calculation, where we left this off was
5 51 to 63 months; right? That's where we left it?
6 MR. MILLER: Yes, Your Honor.
7 MR. REICHLING: That's correct, Judge.
8 THE COURT: In this particular case, the reasons for
9 the sentencing, on the positive side of things, he accepted
10 responsibility. I think he's expressed genuine remorse, and I
11 think you can see some of that in some of those text messages
12 we talked about last time. He knew what he was doing was
13 wrong, he did it anyway, but at least he knew it was wrong, and
14 apparently at the time felt bad about it.
15 He wasn't the mastermind of this thing. I don't
16 think anyone is saying that he is. His wife is certainly more
17 culpable in terms of filling out the paperwork and things like
18 that, and filing the documents and whatnot. And I just heard
19 today that he has, or they both have, cooperated in trying to
20 get some of this money back, which is a good and important
21 fact. That's on the positive.
22 On the negative, he's got a very bad record. He just
23 has a bad record. I mean, it is what it is. He was on
24 probation when this went down for threatening his wife with an
25 AR. It was an AR-15, not an AK-47. I just heard testimony
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IMPOSITION OF SENTENCE 11
1 from the FBI firearms expert on the two different weapons.
2 Whatever it was, it was a serious firearm.
3 And, you know, on the negative side of things, we're
4 talking about a lot of money here. The number, you know,
5 881,000, and that's just a lot of money to steal. And it's
6 used for things like a $50,000 Yukon, which, you know, is an
7 unnecessary luxury item, and various other luxury items here.
8 He had 30 different fraud applications, all lies.
9 You know, he was on probation when this went down.
10 And I guess, during all of this time, there were still people
11 collecting unemployment, and . . . I don't know if they both
12 were, but somebody was collecting unemployment from the State
13 of Florida, and income tax refunds, all this stuff is going
14 down are while stealing from the Federal Government.
15 And I don't know how they did this in a way that they
16 didn't think they were going to get caught. Seems like there
17 was just a total disregard for the law and, at the end of
18 the day, the amount of money is so great that I don't see any
19 other explanation besides just greed.
20 So I understand the arguments that have been made,
21 but at the end of the day the appropriate sentence for
22 Mr. Bruey is a guideline sentence of 51 months for him, bureau
23 of Prisons.
24 Anyone have any objections? Anything else they'd
25 like to say? Is that concurrent on anything?
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IMPOSITION OF SENTENCE 12
1 MR. REICHLING: That would be fine, Judge.
2 Concurrent on everything would be appropriate, and there's no
3 objection from the government.
4 MR. MILLER: No objection, Judge.
5 THE COURT: All right.
6 So you have a turn in date. Don't do anything dumb,
7 Mr. Bruey. If you do anything dumb prior to your turn-in date,
8 I'll bring you in and max you out.
9 Let's jump no to Mrs. Bruey.
10 MR. MILLER: Judge, may he be seated in the gallery?
11 THE COURT: Yes.
12 MR. MILLER: May we be excused?
13 THE COURT: Yes. We should have some -- oh, he's
14 back there. All right. Okay.
15 Turning now to Case Number 21-CR-74, Amber Bruey. On
16 March 16th, 2022, pled guilty to Count 1 through 11, and
17 Counts 14 through 18 of an indictment charging her, in Count 1,
18 with conspiracy to commit wire fraud, in violation of Title 18
19 U.S. Code Section 1349; Counts 2 through 11 charging her with
20 wire fraud, in violation of Title 18 U.S. Code Section 1343,
21 Count 14, charging her with conspiracy to commit money
22 laundering, in violation of Title 18 U.S. Code Section 1956;
23 and Counts 15 through 18 charging her with illegal monetary
24 transactions, in violation of Title 18 U.S. Code Section 1957.
25 I previously accepted her guilty plea and adjudicated
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IMPOSITION OF SENTENCE 13
1 her guilty, and previously had a lengthy sentencing hearing
2 that I've reviewed everything that's been submitted, including
3 her sentencing memo and the report from the doctor which was a
4 confidential thing but was discussed.
5 So we're now at the point for sentence here.
6 So, pursuant to Title 18 U.S. Code Section 3551 and
7 3553, it's my judgment that the defendant, Amber Bruey, be
8 committed to the custody of the Bureau of Prisons for a term
9 which I will announce momentarily.
10 Upon release, she has to serve three years of
11 supervised release in each count, to be served concurrently.
12 While on supervised release, she must comply with the mandatory
13 and standard conditions adopted by the Middle District of
14 Florida, including the following special conditions:
15 Number 1, participate in a mental health treatment
16 program, outpatient or inpatient, follow the probation
17 officer's instructions regarding implementation of the
18 directive, and contribute to the cost of the services in an
19 amount determined to be reasonable by the probation office.
20 You're prohibited from incurring new credit charges,
21 opening additional lines of credit, or obligating yourself for
22 any major purchases without the approval of the probation
23 officer.
24 You have to provide the probation officer access to
25 any requested financial information.
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IMPOSITION OF SENTENCE 14
1 Having been convicted of a qualifying felony, you
2 must cooperate in the collection of DNA as directed by the
3 probation officer.
4 The mandatory drug testing requirements of the
5 Violent Crime Control Act are suspended, but you must submit to
6 random drug tests, not to exceed 104 tests per year.
7 You have to pay restitution in the amount of $881,659
8 as set forth below:
9 To Celtic Bank, $35,959.35; Customer's Bank, 20,000
10 TransPecos Bank, 62,400, Small Business Administration,
11 $763,300. The restitution obligation is payable to the Clerk
12 of the U.S. District Court for distribution to victims. It's
13 joint and several with Anthony Bruey, who I just sentenced.
14 While in the Bureau of Prisons custody, you shall
15 either pay at least with $25 quarterly if you have a non-UNICOR
16 job, or pay at least 50 percent of your monthly earnings if you
17 have a UNICOR job.
18 Upon release from custody, you shall pay restitution
19 in the amount of $300 per month. At any time during the course
20 of post-release supervision, the victim, the government, or the
21 defendant may notify me of a material change her ability to
22 pay, and I may adjust the payment schedule accordingly.
23 I find that the defendant does not have the ability
24 to pay interest, and I'll waive that requirement.
25 Based on her financial status, there is no fine.
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IMPOSITION OF SENTENCE 15
1 Forfeiture order was already signed May 27th, 2022,
2 on this.
3 It's further ordered the defendant shall pay the
4 United States a special assessment of $1,600, which is due
5 immediately.
6 You have the right to appeal within 14 days of entry
7 of the judgment. Failure to appeal within 14 days is a waiver
8 of your right to appeal. The government may file an appeal
9 from the sentence.
10 You're advised you're entitled to the assistance of
11 counsel in taking the appeal. If you can't afford a lawyer,
12 one will be provided for you. If you can't afford the filing
13 fee, the clerk will be directed to accept the notice of appeal
14 without a fee.
15 After considering the advisory sentencing guidelines
16 and all the factors identified in Title 18 U.S. Code
17 Section 3553(a)(1) through (7), I find the sentence I'm about
18 to impose is sufficient but not greater than necessary to
19 comply with the statutory purposes of sentencing.
20 So, in Miss Bruey's situation, on the positive side
21 of the equation there's every reason to believe she's a good
22 parent, a good mom, except for committing crimes like this,
23 stealing large amounts of money from the State of Florida and
24 the United States. She's a good parent. I'll say that.
25 She does not have a bad criminal record, and I agree
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IMPOSITION OF SENTENCE 16
1 somewhat with the point that was made by the defense in the
2 sentencing memorandum about the guidelines overstating her
3 criminal record. I understand that. She does have a
4 shoplifting case from Wal-Mart, and then she has this theft of
5 state funds.
6 As to kind of the elephant in the room, the point
7 that was made in this confidential report, in terms of, you
8 know, abusive relationship and whatnot, I understand that
9 point, but I just don't think it explains all of this and
10 justifies all this, especially when I then learn that the
11 relationship, whatever it may have been, didn't stop her from
12 getting pregnant while they both are under federal indictment
13 and looking at going to federal prison.
14 So that relationship wasn't ideal, but it wasn't
15 nearly as bad that could explain all of this criminal and
16 justify all of this criminal behavior. So I have taken that
17 into account, though, and I will factor that into my sentence.
18 On the bad side, as I already mentioned with
19 Mr. Bruey, this is just a lot of money here, $881,000 used for
20 $50,000 Yukons and some of these other, you know, ATVs, and
21 high-end ATVs. I understand maybe she wasn't driving them, but
22 I think I saw a picture -- one of these pictures of her riding
23 anything like that; right?
24 I'm showing Government's Exhibit 6, which I'm being
25 told, well, you know, the ATVs were all kind of male items for
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IMPOSITION OF SENTENCE 17
1 Mr. Bruey to use, but I see her picture with one of their
2 children, Government's Exhibit 6, I think that maybe is a
3 Talon, I'm not that familiar with these vehicles. But, in any
4 event, that's what they used the money for, not to pay medical
5 bills and keep people from dying. They used them for luxury
6 items and things of that nature.
7 Thirty different fraud applications is just a whole
8 series of lies and fraud. And she's the one that completed
9 that paperwork, not Mr. Bruey. That's for sure, for the most
10 part. She was on probation at the time for stealing government
11 money from the State of Florida, and she used the money that
12 she stole from the United States to pay the money she stole
13 from the State of Florida while she was on probation for that.
14 That's not good.
15 Again, at the same time, we have information that
16 they're continuing to collect unemployment and bogus tax
17 refunds. More stealing government money.
18 And then I guess the part about this that bothers me
19 the most, this is all done, you know, without . . . without
20 really thinking about what does this mean for the family?
21 Right? Now we have to worry about it. I, as the Judge, am
22 supposed to salvage four children here, and five on the way.
23 Well, she was engaging in this stealing and criminal
24 behavior knowing she had four little kids that could end up
25 basically without parents when she and her husband went to jail
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IMPOSITION OF SENTENCE 18
1 if they got caught. That's just irresponsible and disregarding
2 important family responsibilities.
3 At the end of the day, I'm about done talking about
4 this, there's no need for any of this to be stolen for this
5 level. Maybe a couple thousand, maybe 10,000, maybe 20,000,
6 but 800,000? That is called greed. This should be an episode
7 out of that show American Greed, because that, at the end of
8 the day, is what it is, is greed. So, in light of that, I
9 cannot go along with the defense request that she should not do
10 any time behind bars. So the question is for how long.
11 I am going to take into account the stuff in the
12 confidential report, and her lack of criminal record, and
13 sentence her under the guidelines.
14 The guideline sentence in her case was what?
15 MR. REICHLING: 63 to 78 months, Your Honor.
16 THE COURT: Yeah, 63 to 78 months. I think 48 months
17 is enough time, all right? So her sentence is 48 months, which
18 is a below guideline sentence that takes into account some of
19 the points that have been made. I'm going to work with her on
20 the turn-in date and go out to, we'll say -- the baby is
21 coming, what did we say, mid February? Let's say April 1st,
22 all right? That's her turn-in date, April 1st.
23 You guys are going to have to figure out what you do
24 with your family. That's on you, not me. All right? But her
25 turn-in date is April 1st. If it turns out something goes
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OBJECTIONS BY MR. LAPPAN 19
1 wrong with that pregnancy, which God forbid, I'm not hoping for
2 that, but if something does, we'll need to know about that, and
3 her turn-in date needs to be reevaluated. But for now that's
4 the turn-in date, and I hope everything goes down well.
5 MS. PETERSEN: April 1st is a Saturday.
6 THE COURT: So the 2nd would be Sunday, and the 3rd
7 would be Monday.
8 MS. PETERSEN: Correct.
9 THE COURT: April 3rd.
10 And you want to go someplace in North Carolina also?
11 MR. LAPPAN: Yes, Your Honor.
12 THE COURT: Okay. Any objections, or anything else
13 anybody wants to say?
14 MR. REICHLING: No objections from the government,
15 Judge.
16 MR. LAPPAN: Just could be clear, instead of saying
17 North Carolina, some facility close to where they reside, which
18 is Farmville, North Carolina. So it may be a place in
19 Virginia, it may be a place in South Carolina. Someplace close
20 to there.
21 THE COURT: That's fine.
22 MR. LAPPAN: Judge, if I may, with regard to
23 objections, two things. I think you may have already decided
24 this, but I want to make sure I understand it. You're not
25 considering staggering these sentences?
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OBJECTIONS BY MR. LAPPAN 20
1 THE COURT: No. This is the best I can do with this.
2 I can't have somebody out, you know, four years into the
3 future. I thought about it a lot. I also, frankly, thought
4 about his requesting of him doing more time so your client
5 wouldn't have to go at all, and it's not workable to me. I
6 think I've given them enough time to figure something out. And
7 you do the math on a 48-month sentence and stuff like that, you
8 know, they can get it figured out.
9 MR. LAPPAN: Judge, if I could, I have to object to
10 the sentence enhancement for sophisticated means. Can I
11 proceed?
12 THE COURT: Yeah.
13 MR. LAPPAN: We object to the two-level enhancement
14 for sophisticated means. As we have premised in our objection
15 letter and the case law contained therein, which was our May 31
16 objection letter which was attached to the addendum to the PSR
17 at Pages 75 through 85 of the PSR, and also as we argued in
18 oral argument before this Court at the previous sentencing
19 hearing. The Court overruled our objection and imposed the
20 additional two levels for sophisticated means.
21 We respectfully, Your Honor, object to Your Honor's
22 ruling. Also, Judge, while I'm on it, we object to the
23 procedural and substantive reasonableness of the sentence
24 imposed on the basis that the sentence imposed is more
25 sufficient than necessary to satisfy the goals of sentencing.
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OBJECTIONS BY MR. LAPPAN 21
1 Judge, one more thing. In an abundance of caution, I
2 have been made aware that, sometimes, when the PSR addendum
3 contains the defendant's letter, that does not get included in
4 the record. If it please the Court, if the government has no
5 objection, I'd like to, before we close this proceeding, submit
6 to the Judge -- submit to the Court our objection letter, which
7 appears at Pages 75 through 85 in the addendum, and have it
8 marked or made part of the record for appellate purposes.
9 THE COURT: Okay. I'll just say this, and I don't
10 know what the significance of this is or isn't, but all this
11 back and forth over the sentencing guideline things, I guess I
12 could have -- another way I could have proceeded would have
13 been to agree to your request for a minor role, which would
14 then have changed the sentence. I don't know what it would
15 have been, but I bet it would have come out in roughly this
16 same place.
17 MR. LAPPAN: Judge, I never sought minor role.
18 THE COURT: What was it you just said?
19 MR. LAPPAN: Sophisticated means two-level
20 enhancement.
21 THE COURT: My point is, had I agreed with that, and
22 then just given her a straight guideline sentence we probably
23 would have come out in the same place. And I haven't myself
24 figured out what the most judicious way to handle this is. I
25 guess I'm just saying I think I could have agreed with you and
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1 came out where I came out. I disagreed with that point and
2 came out where I came out, but at the end of the day I think
3 we're in basically the same place. So be that as it may.
4 MR. LAPPAN: Judge, may I present a copy of the
5 objection letter?
6 THE COURT: Yes.
7 MR. LAPPAN: I'll give Mr. Reichling a copy, as well.
8 May I have it marked and made part of the record?
9 THE COURT: I'm giving Juan back the government's
10 exhibits that I had that I wanted to look at, so they're part
11 of the record. And then yours will be?
12 MR. LAPPAN: Defendant's 1, I believe. I had no
13 exhibits.
14 THE COURT: Yes. That will go in the same packet as
15 those.
16 MR. LAPPAN: May I approach, Judge?
17 THE COURT: Yes. Okay. Good luck.
18 -- -- -- -- -- -- -- --
19 (Thereupon, at 12:27 p.m., the above-entitled matter
20 was concluded.)
21 -- -- -- -- -- -- -- --
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2 CERTIFICATE
3 I CERTIFY THAT THE FOREGOING TRANSCRIPT IS A TRUE AND
4 ACCURATE TRANSCRIPT FROM THE ORIGINAL STENOGRAPHIC RECORD IN
5 THE ABOVE-ENTITLED MATTER.
6
7 Dated this 23rd day of August, 2022.
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10 _
JEFFREY G. THOMAS, RPR, CRR
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