Transcript of Arraignment and Guilty Plea — United States v. Dontrell Barnes

Record facts

U.S. District Court, Eastern District of North Carolina · No. 5:23-cr-00094-D · Doc. 87 · 2024-04-02 · Docket on CourtListener

Summary

A public transcript of an arraignment hearing in United States v. Dontrell Barnes, Docket No. 5:23-cr-00094-D-1, in the U.S. District Court for the Eastern District of North Carolina at Raleigh, held May 24, 2023 before Magistrate Judge Robert T. Numbers, II, and filed April 2, 2024 as Document 87. The cover states that, pursuant to Standing Order 22-SO-1, portions of all guilty plea and sentencing transcripts are restricted. The transcript records defense counsel saying the defendant will plead to a Criminal Information pursuant to a plea agreement, and the court’s group advice on the right to a jury trial and the consequences of a guilty plea, including a $100 special assessment for each count. It closes with the defendant remanded to the Marshals for processing and released on conditions. The 31-page transcript carries a transcriber certificate dated April 2, 2024.

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

Full text

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UNITED STATES DISTRICT COURT 
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EASTERN DISTRICT OF NORTH CAROLINA 
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3 
UNITED STATES OF AMERICA, 
) 
 
 
 
 
 
 
) 
4 
 
Plaintiff, 
 
 
) 
DOCKET NO. 5:23-cr-00094-D-1 
 
 
 
 
 
 
) 
5 
 
 
VS.  
 
 
) 
 
 
 
 
 
 
) 
6 
DONTRELL BARNES, 
 
 
) 
 
 
  
 
 
 
) 
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Defendant. 
 
 
) 
 
 
 
 
 
 
) 
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______________________________) 
 
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PUBLIC TRANSCRIPT OF ARRAIGNMENT HEARING 
BEFORE MAGISTRATE JUDGE ROBERT T. NUMBERS, II 
10 
WEDNESDAY, MAY 24, 2023; 10:12 A.M. 
RALEIGH, NORTH CAROLINA 
11 
 
(PURSUANT TO STANDING ORDER 22-SO-1, PORTIONS OF ALL 
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GUILTY PLEA AND SENTENCING TRANSCRIPTS ARE RESTRICTED) 
 
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FOR THE PLAINTIFF: 
 
United States Attorney's Office 
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By: David Beraka, AUSA 
 
150 Fayetteville Street, Suite 2100 
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Raleigh, North Carolina  27601 
 
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FOR THE DEFENDANT: 
 
Office of the Federal Public Defender 
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By: Jean-Paul Jacquet-Freese, AFPD 
 
 
Laura Wasco, AFPD 
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150 Fayetteville Street Mall, Suite 450  
 
Raleigh, NC  27601 
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Audio Operator: 
 
 
COURT PERSONNEL 
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Proceedings recorded by electronic sound recording, 
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transcript produced by transcription service. 
 
 
 
 
 
 
 
 
 
 
 
 
 
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JANICE RUSSELL TRANSCRIPTS 
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1418 Red Fox Circle 
Severance, CO  80550 
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(757) 422-9089 
trussell31@tdsmail.com 
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P R O C E E D I N G S 
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(Call to Order of the Court) 
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THE COURT:  Good morning, everyone. 
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(Counsel greet the Court) 
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THE COURT:  We are here in the United States District 
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Court for the Eastern District of North Carolina, sitting in 
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Raleigh, for arraignments in felony cases. 
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* * * 
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THE COURT:  In a moment, the Court will call the 
9 
calendar to determine whether all defendants and their 
10 
attorneys are present.  When a defendant's name is called, 
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defense counsel should identify themselves, state whether their 
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client is in the courtroom, and state how they anticipate their 
13 
client will plead today.  If a defendant does not have an 
14 
attorney or if the defendant's attorney is not present, the 
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defendant should answer when their name is called. 
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After the Court calls the calendar, the defendants and 
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their attorneys shall remain in the courtroom so that the Court 
18 
may explain to each defendant the rights they have to a jury 
19 
trial and the consequences of pleading guilty.  The Court will 
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then place each defendant under oath and question them 
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individually before accepting their plea.  Defendants may 
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confer with their attorneys before answering any of the Court's 
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questions. 
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At this time I'd ask the clerk to please call the 
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calendar. 
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* * * 
2 
 
 
THE COURTROOM DEPUTY:  United States versus Dontrell 
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Barnes. 
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MR. JACQUET-FREESE:  Morning, your Honor.  Jean-Paul 
5 
Jacquet-Freese and Laura, Laura Wasco.  We're here with 
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Mr. Barnes.  He is present in the courtroom.  We anticipate 
7 
he'll plead to a Criminal Information pursuant to a plea 
8 
agreement. 
9 
 
 
THE COURT:  Thank you. 
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* * * 
11 
 
 
THE COURT:  At this time I'm going to advise the 
12 
defendants as a group of certain rights they have under the 
13 
Constitution and laws of the United States as well as the 
14 
consequences of pleading guilty.  Each defendant should pay 
15 
close attention to what the Court's about to say because it is 
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an important part of your case and I will ask you if you've 
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heard and understood my comments.  I now advise each defendant 
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as follows: 
19 
 
 
If you are accused of a felony, you have the 
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constitutional right to be charged in an indictment by the 
21 
grand jury.  You may, however, waive the right to grand jury 
22 
indictment and consent to being charged by an Information filed 
23 
by the United States Attorney.  Along with the right to be 
24 
charged by an indictment, the Constitution and laws of the 
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United States give you the right to plead not guilty and to 
1 
have a jury trial with respect to all charges against you.  In 
2 
that regard, you should consider the following: 
3 
 
 
At trial, you would be presumed innocent.  The United 
4 
States would have to prove you guilty beyond a reasonable doubt 
5 
using competent evidence.  You would not have to prove that you 
6 
are innocent. 
7 
 
 
At trial, the United States would have to bring any 
8 
witnesses it wishes to rely on to court.  Those witnesses would 
9 
have to testify before you.  Your attorney could question those 
10 
witnesses, object to evidence offered by the United States, and 
11 
offer evidence on your behalf. 
12 
 
 
At trial, you would have the right to use the subpoena 
13 
power of the Court to make witnesses come to court and testify, 
14 
regardless of whether they wanted to do so. 
15 
 
 
At trial, you would have the right to testify if you 
16 
chose to do so.  You would also have the right not to testify 
17 
if you do not want to do so.  If you chose not to testify, the 
18 
Court would instruct the jury that it cannot draw any inference 
19 
or suggestion of guilt from your failure to testify. 
20 
 
 
You have the right to be represented by an attorney at 
21 
trial and at every other stage of your proceeding in this 
22 
court.  If you cannot afford an attorney, you have the right to 
23 
ask the Court to appoint an attorney to represent you.  Your 
24 
choice of whether you plead guilty or not guilty has no impact 
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on your right to an attorney or your right to have an attorney 
1 
appointed for you. 
2 
 
 
If you wish to plead guilty, you'll be waiving your 
3 
right to a trial and the related rights I've just discussed 
4 
other than your right to an attorney.  If you plead guilty 
5 
instead of having a trial, the Court will find you guilty of 
6 
the offense or offenses you plead guilty to.  The Court will 
7 
then sentence you based on your guilty plea. 
8 
 
 
In determining your sentence, the Court will calculate 
9 
the advisory guideline range established by the federal 
10 
sentencing guidelines.  You should understand that regardless 
11 
of the advisory sentencing guideline ultimately found to be 
12 
appropriate to your case, you may not withdraw a guilty plea 
13 
that is tendered and accepted today.  The Court will then 
14 
consider the advisory guideline range, along with any departure 
15 
or variance motions, which may move the guideline range up or 
16 
down, the sentencing factors listed in 18 U.S.C. Section 
17 
3553(a), all arguments of counsel, statements made by you, and 
18 
statements made by any victims.  The Court will not determine 
19 
your advisory guideline range and sentence before your 
20 
sentencing hearing takes place.  Thus, any estimate by your 
21 
attorney or anyone else as to what your advisory guideline 
22 
range will be or whether the Court will grant or deny a 
23 
departure or variance motion is not binding on the Court.  
24 
Similarly, any calculation by your attorney or anyone else 
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about what your sentence will be is only an estimate and that 
1 
estimate is not binding on the Court. 
2 
 
 
You should know that if you plead guilty, the Court 
3 
may still impose the same punishment on you as if you entered a 
4 
not guilty plea and the jury found you guilty. 
5 
 
 
Defendants who wish to plead guilty may do so with or 
6 
without entering into a plea agreement with the United States.  
7 
However, if you've reached a plea agreement with the United 
8 
States, you should realize the Court is not a party to that 
9 
plea agreement.  Plea agreements are negotiated solely between 
10 
you, your attorney, and the attorney for the United States.  As 
11 
a result, the plea agreement is not binding on the Court.  The 
12 
Court will make an independent determination whether to accept 
13 
the plea agreement's terms. 
14 
 
 
Your plea agreement may contain language stating that 
15 
the United States will recommend or agree not to oppose your 
16 
request that a specific sentence, sentencing range, sentencing 
17 
guideline, or sentencing factor does or does not apply in your 
18 
case.  That type of recommendation is not binding on the Court 
19 
and you will not be able to withdraw your guilty plea if the 
20 
Court decides not to follow it. 
21 
 
 
Your plea agreement may also contain language stating 
22 
that the United States has agreed to dismiss charges, agreed 
23 
not to bring other charges, or agreed that a specific sentence, 
24 
sentencing factor, sentencing range, or sentencing guideline 
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does or does not apply in your case.  If the Court rejects that 
1 
agreement, you will have the opportunity to withdraw your 
2 
guilty plea.  If you do not do so, the Court may sentence you 
3 
on terms that are less favorable than those to which you agreed 
4 
with the United States. 
5 
 
 
If you plead guilty and the Court accepts that plea, 
6 
your case will be set for sentencing during Judge Dever's 
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August 28, 2023 term here in Raleigh. 
8 
 
 
As part of the sentencing process, the United States 
9 
Probation Office will prepare a pre-sentence investigative 
10 
report.  Defense counsel is instructive to contact the 
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Probation Office immediately after today's hearings to arrange 
12 
for the defendants' interviews.  It is important that the pre-
13 
sentence report be complete and accurate because it is an 
14 
important tool that will aid the Court in determining your 
15 
sentence.  You and your attorney will receive a copy of the 
16 
pre-sentence report and you should review it carefully. 
17 
 
 
Within 14 days after disclosure of the pre-sentence 
18 
report, you and your attorney must file with the Court any 
19 
objections you have to matters contained in or omitted from the 
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pre-sentence report.  If you do not object to the pre-sentence 
21 
report in a timely manner, the Court may not consider your 
22 
objections in determining your sentence.  If you do not 
23 
challenge the validity of prior convictions listed in your pre-
24 
sentence report before you are sentenced, you'll be barred from 
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contesting those convictions at a later date.  In short, if you 
1 
do not contest the facts set forth in the pre-sentence report, 
2 
the Court may accept those facts, including any prior 
3 
convictions, as correct and may rely on them in determining 
4 
your sentence.  Furthermore, at your sentencing hearing the 
5 
Court will only address matters that relate to disputed 
6 
sentencing factors.  You or your attorney must have presented 
7 
these disputes to the Court in writing and must raise them 
8 
during your sentencing hearing. 
9 
 
 
At sentencing, you should advise the Court if you have 
10 
any objections to matters contained in or omitted from your 
11 
pre-sentence report that your attorney has failed to raise.  
12 
Contentions not stated by you or your attorney will be 
13 
considered abandoned. 
14 
 
 
You or your attorney on your behalf may submit written 
15 
memoranda, motions, or other materials, such as character 
16 
letters, before the sentencing hearing.  The United States may 
17 
submit written materials as well.  Either party must submit any 
18 
written material to the Court in Raleigh at least seven days 
19 
before your sentencing date. 
20 
 
 
After the Court sentences you, the United States is 
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limited in most instances to one year within which to move for 
22 
a reduction in your sentence under Rule 35(b) because of 
23 
substantial assistance you have rendered to the United States.  
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The United States need not return to court with a Rule 35(b) 
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motion and it is completely within the United States' 
1 
discretion whether to do so.  If the United States decides not 
2 
to make a Rule 35(b) motion on your behalf, you are entitled to 
3 
relief from the Court in only a very few exceptional 
4 
circumstances.  At sentencing, you should advise the Court if 
5 
the United States has made any representations to you or your 
6 
attorney that your future cooperation might lead to a Rule 
7 
35(b) motion. 
8 
 
 
If the United States does make a Rule 35(b) motion to 
9 
seek a reduction in your sentence, that motion does not extend, 
10 
toll, or modify the one-year period for filing a post-
11 
conviction Section 2255 motion to vacate, set aside, or correct 
12 
your sentence.  Furthermore, the United States Attorney cannot 
13 
promise you that the Court will grant a Rule 35(b) motion, nor 
14 
can the United States Attorney promise you that law enforcement 
15 
will accept or act on offers of cooperation that you may make. 
16 
 
 
A guilty plea has several other consequences you 
17 
should be aware of.  The Constitution gives you the right to 
18 
remain silent and any statements you make can be used against 
19 
you.  If you wish to plead guilty, you'll need to waive your 
20 
right to remain silent because I cannot accept your guilty plea 
21 
unless you admit in open court your guilt as to, as to the 
22 
particular offense or offenses you are pleading guilty to. 
23 
 
 
If you are on probation or parole in another case, 
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whether in this or another court, your guilty plea here may 
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result in the revocation of your probation or parole in that 
1 
other case.  As a result, you may have to serve time in that 
2 
other case, in addition to any sentence imposed on you because 
3 
of your guilty plea here. 
4 
 
 
Along with any sentence imposed, your guilty plea to a 
5 
felony may deprive you of valuable civil rights, such as the 
6 
right to vote, the right to hold public office, the right to 
7 
serve on a jury, and the right to possess any kind of firearm.  
8 
If you are not a United States citizen and you are convicted in 
9 
federal court, you may be removed from the United States, 
10 
denied citizenship, and denied future admission to the United 
11 
States.  Any deportation would follow your term of 
12 
imprisonment. 
13 
 
 
Unless otherwise advised, each defendant will have to 
14 
pay a $100 special assessment for each count to which they are 
15 
found guilty and any fines imposed will bear interest. 
16 
 
 
In some cases, the Court may impose obligations on top 
17 
of a sentence of imprisonment, a fine, and special assessment.  
18 
For example, you may have to pay restitution to any victims of 
19 
your offenses.  If your offense involves fraud, you may have to 
20 
notify the victims of your offense about your conviction. 
21 
 
 
And if there's a forfeiture notice in your indictment 
22 
or Information, you may have to forfeit certain property to the 
23 
United States. 
24 
 
 
Additionally, in most cases defendants will receive a 
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term of supervised release, along with a term of imprisonment.  
1 
Your term of supervised release will begin after you are 
2 
released from prison.  While on supervised release, you'll be 
3 
supervised by the United States Probation Office.  You may not 
4 
commit another federal, state, or local crime while on 
5 
supervised release and the Court may impose additional 
6 
conditions on you, if appropriate.  If you violate any of the 
7 
conditions of your supervised release, you may be sent back to 
8 
prison. 
9 
 
 
If you are convicted, whether by a jury or as a result 
10 
of a guilty plea, you can appeal your conviction if you believe 
11 
it was somehow unlawful or if there was some other fundamental 
12 
defect in your proceeding that not waived by your guilty plea.  
13 
You also have a statutory right to appeal your sentence in some 
14 
cases, particularly if you think the sentence is contrary to 
15 
law. 
16 
 
 
With few exceptions, any notice of appeal must be 
17 
filed within 14 days of the entry of the judgment in your case.  
18 
If you cannot pay the costs of an appeal, you can ask the Court 
19 
to waive those costs.  If you make such a request, the Clerk of 
20 
Court will then prepare and file a notice of appeal on your 
21 
behalf.  You should be aware that you may agree to waive 
22 
certain rights to appeal or otherwise challenge your conviction 
23 
and sentence in your plea agreement.  We'll go over any such 
24 
waiver language if your plea agreement contains it.  These 
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waivers are generally enforceable but if you believe the waiver 
1 
is unenforceable or inapplicable, you can present that theory 
2 
to the appellate court. 
3 
 
 
I've now concluded explaining to each defendant the 
4 
right they have to a jury trial, their rights related to a jury 
5 
trial, and the consequences of pleading guilty and will now 
6 
proceed to consider each case on the calendar today.  We'll 
7 
proceed in the following order:  This morning we will address 
8 
*** matter as well as the Barnes, ***, and *** matters. 
9 
* * * 
10 
 
 
THE COURT:  The Marshals may rearrange the courtroom. 
11 
 
(At 10:48 a.m.) 
12 
 
 
THE COURT:  All right.  The next matter will be 
13 
Mr. Barnes' matter. 
14 
 
 
It's the case of United States of America versus 
15 
Dontrell Barnes, Case 5:23-cr-94. 
16 
 
 
Would counsel please identify themselves for the 
17 
record, beginning with counsel for the United States? 
18 
 
 
MR. BERAKA:  Yes, your Honor.  Good morning.  David 
19 
Beraka for the Government. 
20 
 
 
THE COURT:  And for the -- 
21 
 
 
MR. JACQUET-FREESE:  Good morning, your Honor.  For 
22 
Mr. Borne, Barnes, Jean-Paul Jacquet-Freese. 
23 
 
 
MS. WASCO:  And Laura Wasco. 
24 
 
 
THE COURT:  Good morning, Counsel. 
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Mr. Jacquet-Freese, my notes indicate that it's 
1 
anticipated your client'll plead guilty to the sole count of 
2 
Criminal Information pursuant to a plea agreement, is that 
3 
correct? 
4 
 
 
MR. JACQUET-FREESE:  Yes, your Honor. 
5 
 
 
THE COURT:  All right. 
6 
 
 
Madam Clerk, would you please place the defendant 
7 
under oath? 
8 
 
 
THE COURTROOM DEPUTY:  Raise your right hand and place 
9 
your left hand on the Bible. 
10 
 
(Defendant Barnes sworn)  
11 
 
 
THE COURTROOM DEPUTY:  Thank you. 
12 
 
 
THE COURT:  Mr. Barnes, do you understand that you are 
13 
now under oath and if you answer any of my questions falsely 
14 
you may be prosecuted for perjury or making a false statement? 
15 
 
 
DEFENDANT BARNES:  Yes. 
16 
 
 
THE COURT:  All right.  
17 
 
 
So as I, I indicated with the prior defendant, I'm 
18 
going to ask you some questions over the next few minutes.  The 
19 
first set are to make sure you're competent to enter a plea and 
20 
then the second set are to make sure that you understand the 
21 
consequences of pleading guilty, then I, then I will ask you 
22 
how you plead to the charges against you. 
23 
 
 
Any questions about that process? 
24 
 
 
DEFENDANT BARNES:  No, sir.  
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THE COURT:  All right.  Would you please state your 
1 
full name for the record? 
2 
 
 
DEFENDANT BARNES:  Dontrell Barnes. 
3 
 
 
THE COURT:  And Mr. Barnes, I have before me a form 
4 
labeled Consent to Proceed Before a United States Magistrate 
5 
Judge.  It appears to bear your signature.  Did you, in fact, 
6 
sign this form? 
7 
 
 
DEFENDANT BARNES:  Yes. 
8 
 
 
THE COURT:  The form reflects that you wish to waive 
9 
your right to have today's proceeding conducted by a United 
10 
States District Judge and instead, are consenting to have it 
11 
conducted by me, a United States Magistrate Judge, is that 
12 
correct? 
13 
 
 
DEFENDANT BARNES:  Yes, sir. 
14 
 
 
THE COURT:  All right. 
15 
 
 
How old are you, sir? 
16 
 
 
MR. JACQUET-FREESE:  How old are you? 
17 
 
 
DEFENDANT BARNES:  Thirty-two. 
18 
 
 
THE COURT:  And how far did you go in school? 
19 
 
 
DEFENDANT BARNES:  Some college. 
20 
 
 
THE COURT:  All right. 
21 
 
 
Have you taken any drugs, medicine, pills, or consumed 
22 
any alcoholic beverages in the last 48 hours? 
23 
 
 
DEFENDANT BARNES:  No. 
24 
 
 
THE COURT:  Do you understand what we're doing here 
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today? 
1 
 
 
DEFENDANT BARNES:  Yes, sir. 
2 
 
 
THE COURT:  All right. 
3 
 
 
Are you able to speak, read, and understand English? 
4 
 
 
DEFENDANT BARNES:  Yes, sir. 
5 
 
 
THE COURT:  All right. 
6 
 
 
Any concerns from the, from the defense about the 
7 
defendant's competency? 
8 
 
 
MR. JACQUET-FREESE:  No, your Honor.  
9 
 
 
THE COURT:  Any concerns from the Government?? 
10 
 
 
Any concerns from the Government? 
11 
 
 
MR. BERAKA:  No, your Honor. 
12 
 
 
THE COURT:  And Mr. Beraka, are there any crime 
13 
victims here? 
14 
 
 
MR. BERAKA:  No, your Honor. 
15 
 
 
THE COURT:  All right. 
16 
 
 
Mr. Barnes, did you hear and understand my explanation 
17 
at the start of court about the rights you have under the 
18 
Constitution and laws of the United States and the consequences 
19 
of pleading guilty? 
20 
 
 
DEFENDANT BARNES:  Yes, sir. 
21 
 
 
THE COURT:  Any questions about that explanation? 
22 
 
 
DEFENDANT BARNES:  No, sir. 
23 
 
 
THE COURT:  Mr. Jacquet-Freese, has your client 
24 
received a copy of his Information? 
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MR. JACQUET-FREESE:  Yes, your Honor.  
1 
 
 
THE COURT:  And would he like that read to him or does 
2 
he waive reading? 
3 
 
 
MR. JACQUET-FREESE:  No, your Honor.  He waives. 
4 
 
 
THE COURT:  Although the defendant has waived reading 
5 
of the indictment [sic], I do want to review the nature of the 
6 
offense it's anticipated he'll plead guilty to and the 
7 
associated penalties. 
8 
 
 
The charge against him in the Information charges 
9 
conspiracy to commit wire fraud.  If convicted of that offense, 
10 
the defendant faces up to 20 years in prison, a fine of up to 
11 
$250,000, or twice the gross gain or loss from the offense, 
12 
whichever is greater, up to 3 years of supervised release and 
13 
up to 2 years in prison upon revocation of supervised release, 
14 
a $100 special assessment, and restitution if applicable. 
15 
 
 
Mr. Barnes, do you understand the nature of that 
16 
charge and the associated penalties? 
17 
 
 
DEFENDANT BARNES:  Yes, sir. 
18 
 
 
THE COURT:  Have you spoken with your attorney about 
19 
the charge that you intend to plead guilty to? 
20 
 
 
DEFENDANT BARNES:  Yes, sir. 
21 
 
 
THE COURT:  And do you understand that charge? 
22 
 
 
DEFENDANT BARNES:  Yes, sir. 
23 
 
 
THE COURT:  All right.  
24 
 
 
I -- it's anticipated you'll plead guilty to a 
25 
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Criminal Information.  Do you understand that you have the 
1 
right to be indicted by the grand jury rather than plead guilty 
2 
to a Criminal Information? 
3 
 
 
DEFENDANT BARNES:  Yes, sir. 
4 
 
 
THE COURT:  I have before me a form labeled Waiver of 
5 
An Indictment, which appears to bear your signature.  Did you, 
6 
in fact, sign this form? 
7 
 
 
DEFENDANT BARNES:  Yes, sir. 
8 
 
 
THE COURT:  The form reflects that you are waiving 
9 
your right to prosecution by indictment and instead, are 
10 
consenting to prosecution by Information.  Is that your 
11 
intention? 
12 
 
 
DEFENDANT BARNES:  Yes, sir. 
13 
 
 
THE COURT:  Has anyone forced you or threatened you in 
14 
any way in order to get you to waive your right to indictment? 
15 
 
 
DEFENDANT BARNES:  No, sir. 
16 
 
 
THE COURT:  Other than what may be contained in your 
17 
plea agreement and the Sealed Supplement, has anyone made you 
18 
any promises or assurances to get you to waive your right to 
19 
indictment? 
20 
 
 
DEFENDANT BARNES:  No, sir. 
21 
 
 
THE COURT:  The Court finds the defendant has 
22 
knowingly and voluntarily waived his right to prosecution by 
23 
indictment and instead, has pros, consented to prosecution by 
24 
Criminal Information. 
25 
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Mr. Barnes, do you understand all of the possible 
1 
consequences of pleading guilty I've discussed today? 
2 
 
 
DEFENDANT BARNES:  Yes, sir. 
3 
 
 
THE COURT:  Have you spoken with your attorney about 
4 
the sentencing process? 
5 
 
 
DEFENDANT BARNES:  Yes, sir. 
6 
 
 
THE COURT:  And did you hear and understand my 
7 
explanation of the sentencing process? 
8 
 
 
DEFENDANT BARNES:  Yes, sir. 
9 
 
 
THE COURT:  Do you understand that any estimate you 
10 
may have received from your attorney or anyone else about what 
11 
your sentence will be is not binding on the Court? 
12 
 
 
DEFENANT BARNES:  Yes, sir.  
13 
 
 
THE COURT:  Do you understand that if you plead guilty 
14 
and the Court accepts that plea the Court could still sentence 
15 
you to the maximum sentence allowed by law on each count that 
16 
you plead guilty to? 
17 
 
 
DEFENDANT BARNES:  Yes, sir. 
18 
 
 
THE COURT:  And do you understand that if the Court 
19 
imposed the maximum sentence, that alone would not be a basis 
20 
to withdraw your guilty plea? 
21 
 
 
DEFENDANT BARNES:  Yes, sir. 
22 
 
 
THE COURT:  Now Mr. Barnes, you've entered into a plea 
23 
agreement with the United States, is that correct? 
24 
 
 
DEFENDANT BARNES:  Yes, sir. 
25 
Case 5:23-cr-00094-D     Document 87     Filed 04/02/24     Page 18 of 31

19 
 
 
 
 
 
THE COURT:  All right.  I have before me a document 
1 
labeled Memorandum of Plea Agreement.  It appears you've signed 
2 
that document on page 7, the last page, on the line above your 
3 
name.  Did you, in fact, sign the plea agreement? 
4 
 
 
DEFENDANT BARNES:  Yes, sir. 
5 
 
 
THE COURT:  I also have before me a document labeled 
6 
Sealed Supplement to Memorandum of Plea Agreement.  It appears 
7 
you've signed that document as well.  Did you sign the Sealed 
8 
Supplement? 
9 
 
 
DEFENDANT BARNES:  Yes, sir. 
10 
 
 
THE COURT:  Did you read the entire plea agreement and 
11 
the Sealed Supplement and discuss those documents with your 
12 
attorneys before you signed them? 
13 
 
 
DEFENDANT BARNES:  Yes, sir. 
14 
 
 
THE COURT:  And do you understand each of the terms in 
15 
those documents? 
16 
 
 
DEFENDANT BARNES:  Yes, sir. 
17 
 
 
THE COURT:  Do, do the plea agreement and the Sealed 
18 
Supplement constitute the entire agreement you have with the 
19 
United States about how to resolve your case? 
20 
 
 
DEFENDANT BARNES:  Yes, sir. 
21 
 
 
THE COURT:  Now there's language in your plea 
22 
agreement that's going to limit your ability to appeal or 
23 
otherwise challenge your conviction or sentence.  That language 
24 
can be found in Paragraph 2(c).  Have you reviewed that 
25 
Case 5:23-cr-00094-D     Document 87     Filed 04/02/24     Page 19 of 31

20 
 
 
 
language? 
1 
 
 
DEFENDANT BARNES:  Yes, sir. 
2 
 
 
THE COURT:  Do you understand that by entering into 
3 
this plea agreement you're giving up your right to appeal or 
4 
otherwise challenge your conviction or sentence on any ground 
5 
other than ineffective assistance of counsel or prosecutorial 
6 
misconduct not known to you at the time of your guilty plea? 
7 
 
 
DEFENDANT BARNES:  Yes, sir. 
8 
 
 
THE COURT:  Do you understand the maximum penalties 
9 
provided by law for the offense that you intend to plead guilty 
10 
to? 
11 
 
 
DEFENDANT BARNES:  Yes, sir. 
12 
 
 
THE COURT:  And do you understand that the charge in 
13 
the Information is a felony offense? 
14 
 
 
DEFENDANT BARNES:  Yes, sir. 
15 
 
 
THE COURT:  Do you understand that if you plead guilty 
16 
to felony offenses, you may lose valuable civil rights? 
17 
 
 
DEFENDANT BARNES:  Yes, sir. 
18 
 
 
THE COURT:  Do you understand that if the Court 
19 
accepts your guilty plea you may be unable to withdraw it at a 
20 
later date? 
21 
 
 
DEFENDANT BARNES:  Yes, sir. 
22 
 
 
THE COURT:  Do you understand that even at this point 
23 
you still have the right to plead not guilty to every offense 
24 
charged against you and to persist in that plea? 
25 
Case 5:23-cr-00094-D     Document 87     Filed 04/02/24     Page 20 of 31

21 
 
 
 
 
 
DEFENDANT BARNES:  Yes, sir. 
1 
 
 
THE COURT:  Do you understand that if you entered a 
2 
not guilty plea you would then have the right to a jury trial 
3 
and enjoy all the trial-related rights I've discussed today? 
4 
 
 
DEFENDANT BARNES:  Yes, sir. 
5 
 
 
THE COURT:  Do you understand that at trial the United 
6 
States would have the burden to prove to a jury by competent 
7 
evidence and beyond a reasonable doubt that you committed the 
8 
crime you've been charged with? 
9 
 
 
DEFENDANT BARNES:  Yes, sir. 
10 
 
 
THE COURT:  Do you understand that if you plead guilty 
11 
and the Court accepts that plea you will not have a trial and 
12 
you will have given up your right to a trial as well as the 
13 
trial-related rights I've discussed today? 
14 
 
 
DEFENDANT BARNES:  Yes, sir. 
15 
 
 
THE COURT:  Are you completely and fully satisfied 
16 
with the representation you received from your attorney? 
17 
 
 
DEFENDANT BARNES:  Yes, sir. 
18 
 
 
THE COURT:  Has anyone forced you or threatened you in 
19 
any way to get you to plead guilty? 
20 
 
 
DEFENDANT BARNES:  No, sir. 
21 
 
 
THE COURT:  Other than what's in your plea agreement 
22 
and the Sealed Supplement, has anyone made you any promises or 
23 
assurances to get you to plead guilty? 
24 
 
 
DEFENDANT BARNES:  No, sir. 
25 
Case 5:23-cr-00094-D     Document 87     Filed 04/02/24     Page 21 of 31

22 
 
 
 
 
 
THE COURT:  Now in a moment I'm going to ask the 
1 
United States to summarize what it believes it could show if 
2 
this matter were to go to trial, but before I do I want to 
3 
review with you the elements of the offense that it's 
4 
anticipated you'll plead guilty to, the elements of what the 
5 
Government must show beyond a reasonable doubt to obtain a 
6 
conviction. 
7 
 
 
The elements of the offense against you, conspiracy to 
8 
commit wire fraud, in your case are that from in or about March 
9 
2021 to in or about September 2021, in the Eastern District of 
10 
North Carolina and elsewhere, you entered into an agreement 
11 
with another person to commit wire fraud, in violation of 18 
12 
U.S.C. Section 1343, that is, to knowingly and willfully 
13 
execute a scheme and artifice to defraud and obtain money and 
14 
property by means of false and fraudulent pretenses, 
15 
representations, and promises by transmitting or causing to be 
16 
transmitted any writing, signal, or sound by means of a wire, 
17 
radio, or television communication in interstate commerce, as 
18 
charged in the Criminal Information; that you knew of the 
19 
unlawful purpose of the conspiracy; and that you knowingly and 
20 
voluntarily became part of the conspiracy. 
21 
 
 
Do you understand the elements of that offense? 
22 
 
 
DEFENDANT BARNES:  Yes, sir. 
23 
 
 
THE COURT:  Mr. Barnes, have you answered all my 
24 
questions truthfully today? 
25 
Case 5:23-cr-00094-D     Document 87     Filed 04/02/24     Page 22 of 31

23 
 
 
 
 
 
DEFENDANT BARNES:  Yes, sir. 
1 
 
 
THE COURT:  All right.  Sir, you and your attorneys 
2 
may be seated. 
3 
 
 
Would the Government please provide the factual basis 
4 
supporting the entry of the guilty plea? 
5 
 
 
MR. BERAKA:  Yes, your Honor.  Thank you.  
6 
 
 
Paragraphs 3 through 9 of the Criminal Information 
7 
describe the PPP Program.  Those would be incorporated by 
8 
reference. 
9 
 
 
Between March 2021 and September 2021, the defendant 
10 
at the bar of the Court, Mr. Dontrell Barnes, and his mother, 
11 
Monica Barnes, knowingly entered into an agreement with each 
12 
other and with Edward Whitaker and Schunda Coleman, to commit 
13 
an interstate fraud upon the PPP program on behalf of Minnie's 
14 
Banana Cups and Catering Service, Inc., a C corporation that 
15 
was owned by Monica Barnes.  Mr. Barnes was domiciled in 
16 
Wilson, North Carolina during this offense and Mr. Whitaker and 
17 
Ms. Coleman were in Texas. 
18 
 
 
Mr. Whitaker sent interstate e-mails to both Dontrell 
19 
and Monica Barnes containing fraudulent documents, such as IRS 
20 
Forms 940 and 941.  Those payroll forms were fraudulent because 
21 
they were backdated and falsely claimed seven employees with an 
22 
annual payroll over $700,000.  Those fictitious figures were 
23 
designed by Mr. Whitaker in this case and in many others to 
24 
yield a PPP loan just under $150,000 which would be fully 
25 
Case 5:23-cr-00094-D     Document 87     Filed 04/02/24     Page 23 of 31

24 
 
 
 
forgivable by the Small Business Administration with minimal 
1 
paperwork. 
2 
 
 
Mr. or Ms. Barnes signed and returned those fraudulent 
3 
forms by interstate e-mail.  Mr. Barnes used the e-mail 
4 
address, trellbarnes, t-r-e-l-l-b-a-r-n-e-s, @yahoo.com.  They, 
5 
that being Mr. and Mrs. Barnes, both also exchanged interstate 
6 
text messages with Mr. Whitaker throughout the conspiracy.  
7 
Then Mr. Whitaker or Ms. Coleman applied for the loan using 
8 
that fraudulent information described above by electronic 
9 
transmission to Harvest Small Business Finance, LLC, the 
10 
originator of the loan, which was based in California, as well 
11 
as via interstate wire through the SBA servers in Oregon. 
12 
 
 
That would be some of the Government's evidence as it 
13 
relates to Mr. Barnes if this case proceeded to trial. 
14 
 
 
THE COURT:  Thank you. 
15 
 
 
Any response from the defense to the Government's 
16 
proffer? 
17 
 
 
MR. JACQUET-FREESE:  Not at this time, your Honor.  We 
18 
reserve objection to the PSR. 
19 
 
 
THE COURT:  All right. 
20 
 
 
Mr. Barnes, would you like any additional time to 
21 
speak with your attorney before entering a plea? 
22 
 
 
DEFENDANT BARNES:  No.  
23 
 
 
THE COURT:  All right.  Then with respect to the sole 
24 
count against you charging conspiracy to commit wire fraud, how 
25 
Case 5:23-cr-00094-D     Document 87     Filed 04/02/24     Page 24 of 31

25 
 
 
 
do you plead? 
1 
 
 
DEFENDANT BARNES:  Guilty. 
2 
 
 
THE COURT:  Did you, in fact, commit that crime? 
3 
 
 
DEFENDANT BARNES:  Yes. 
4 
 
 
THE COURT:  And are you pleading guilty today of your 
5 
own free will because you are, in fact, guilty? 
6 
 
 
DEFENDANT BARNES:  Yes. 
7 
 
 
THE COURT:  In the case of United States of America 
8 
versus Dontrell Barnes, Case 5:23-cr-94, let the record reflect 
9 
the Court is satisfied and finds as fact that the defendant's 
10 
guilty plea is freely and voluntarily entered.  When the 
11 
defendant entered his plea, he was fully competent, had a full 
12 
and complete understanding of the nature of the charge he's 
13 
pleading guilty to as well as the maximum and minimum, min 
14 
penalties provided by law for that offense.  The defendant's 
15 
guilty plea is accompanied by an independent factual basis 
16 
containing each of the essential elements of the offense he 
17 
pleaded guilty to; therefore, the Court accepts the defendant's 
18 
guilty plea and adjudges him guilty of the sole count of the 
19 
Information. 
20 
 
 
The Court defers consideration of the, the plea 
21 
agreement until the PSR is received. 
22 
 
 
Sentencing in this matter is set for Judge Dever's 
23 
August 28, 2023 term here in Raleigh. 
24 
 
 
The defendant is reminded to make any objections to 
25 
Case 5:23-cr-00094-D     Document 87     Filed 04/02/24     Page 25 of 31

26 
 
 
 
the pre-sentence report in a timely manner and he should also 
1 
be aware he'll have the opportunity to address the Court at 
2 
sentencing as will the attorneys for the parties. 
3 
 
 
All right.  Is the Government seeking detention here? 
4 
 
 
MR. BERAKA:  No, your Honor.  We would agree to 
5 
release with certain conditions. 
6 
 
 
THE COURT:  All right. 
7 
 
 
I have before me a proposed order.  Mr. Beraka, have 
8 
you reviewed those conditions? 
9 
 
 
MR. BERAKA:  Yes, your Honor.  The -- I submitted an 
10 
order to Probation yesterday which would seek some supervision.  
11 
I believe Probation's recommendation in the Pretrial Services 
12 
report was that Mr. Barnes be released on a personal recog, 
13 
recognizance bond.  Because he's a felon, I would ask for some 
14 
conditions, but relatively minimal. 
15 
 
 
THE COURT:  All right. 
16 
 
 
And has the defense seen these proposed conditions? 
17 
 
 
MR. JACQUET-FREESE:  Those, I -- and, and to be 
18 
perfectly frank, I think that the two of you might be talking 
19 
about different sets of conditions. 
20 
 
 
THE COURT:  Okay. 
21 
 
 
MR. JACQUET-FREESE:  We have seen the conditions of 
22 
the -- 
23 
 
 
THE COURT:  Well, what I have before me are minimal 
24 
conditions from, that the Probation Office has recommended in 
25 
Case 5:23-cr-00094-D     Document 87     Filed 04/02/24     Page 26 of 31

27 
 
 
 
its report. 
1 
 
 
Mr. Beraka, are you seeking conditions more than this? 
2 
 
 
MR. BERAKA:  Your Honor, the conditions we would seek 
3 
are that Mr. Barnes not have any contact with any codefendants 
4 
or potential witnesses other than his mother and that he report 
5 
any law enforcement contacts, not possess a firearm, and not 
6 
travel outside the District without approval from Probation.  
7 
And I, I do believe that he does have some planned travel which 
8 
we would consent to. 
9 
 
 
THE COURT:  Does the defense wish to be heard on those 
10 
proposed conditions at all? 
11 
 
 
MR. JACQUET-FREESE:  I, I think that addresses our 
12 
concerns that -- with -- he, he does have travel for voluntary 
13 
and, and work obligations that he has.  And then obviously, we 
14 
want him to continue to be able to associate with family 
15 
members. 
16 
 
 
THE COURT:  All right. 
17 
 
(Pause) 
18 
 
 
THE COURT:  All right.  So let me go over what these 
19 
conditions are going to be. 
20 
 
 
Mr. Barnes, at the conclusion of today's proceedings, 
21 
after any processing by the U. S. Marshals, you'll be released 
22 
on a series of conditions: 
23 
 
 
You may not violate any federal, state, or local law 
24 
while on release. 
25 
Case 5:23-cr-00094-D     Document 87     Filed 04/02/24     Page 27 of 31

28 
 
 
 
 
 
You must cooperate in the collection of a DEA sample 
1 
if such collection is authorized by federal law. 
2 
 
 
You must advise the Court or the Probation Office in 
3 
writing before making any change of residence of telephone 
4 
number. 
5 
 
 
You must appear in court as required and you must 
6 
surrender as directed to serve any sentence the Court may 
7 
impose. 
8 
 
 
You must submit to supervision by the U. S. Probation 
9 
Office upon your, upon the conclusion of today's proceedings 
10 
and any final processing. 
11 
 
 
Your travel will be restricted to the Eastern District 
12 
of North Carolina unless approved in advance by the Probation 
13 
Office. 
14 
 
 
The defendant must avoid all contact, directly or 
15 
indirectly, with any person who is or may be a victim or 
16 
witness in the investigation or prosecution of your case.  You 
17 
may have contact with your mother, but may not discuss the case 
18 
with her. 
19 
 
 
You may not possess a firearm, destructive device, or 
20 
other weapon. 
21 
 
 
And you must report as soon as possible to the 
22 
Probation Office every contact he has with law enforcement 
23 
personnel, including arrest, questioning, or traffic stops. 
24 
 
 
Do we need to address the travel issue any, in any 
25 
Case 5:23-cr-00094-D     Document 87     Filed 04/02/24     Page 28 of 31

29 
 
 
 
more detail here in court today? 
1 
 
 
MR. JACQUET-FREESE:  If the Court would be amenable to 
2 
sort of excluding pre-existing obligations or, or work 
3 
obligations or something along those lines.  I must, I mean, I, 
4 
I don't anticipate that anyone actually has a problem with him 
5 
traveling for this, just I don't want it to be n issue in the 
6 
future. 
7 
 
 
THE COURT:  All right.  Well, it's certainly my 
8 
expectation that barring some sort of unusual occurrence the 
9 
Probation Office will approve pre, this pre-existing travel and 
10 
travel related to his work. 
11 
 
 
PROBATION OFFICER CAGLE:  I would agree with that, 
12 
your Honor. 
13 
 
 
THE COURT:  Okay.  All right. 
14 
 
 
MR. JACQUET-FREESE:  Then we're, we're satisfied, your 
15 
Honor. 
16 
 
 
THE COURT:  All right.  Thank you. 
17 
 
 
And Mr. Barnes, you've executed this form earlier 
18 
today? 
19 
 
 
DEFENDANT BARNES:  Yes, sir. 
20 
 
 
THE COURT:  Okay.  Any question about these 
21 
conditions? 
22 
 
 
DEFENDANT BARNES:  No. 
23 
 
 
THE COURT:  All right.  You should be aware that if 
24 
you violate these conditions you may be jailed until your 
25 
Case 5:23-cr-00094-D     Document 87     Filed 04/02/24     Page 29 of 31

30 
 
 
 
sentencing and if you fail to appear at sentencing, that is a 
1 
separate crime for which you could be sent to prison. 
2 
 
 
All right.  Anything further from the Government? 
3 
 
 
MR. BERAKA:  No, your Honor.  Thank you. 
4 
 
 
THE COURT:  Anything further from the defense? 
5 
 
 
MR. JACQUET-FREESE:  No, your Honor.  Thank you. 
6 
 
 
THE COURT:  All right.  That concludes the proceedings 
7 
for Mr. Barnes.  He's remanded to the custody of the Marshals 
8 
for any processing and then released according to the 
9 
conditions set out in my order. 
10 
 
(Proceedings as to Defendant Dontrell Barnes concluded at 
11 
11:06 a.m.) 
12 
 
13 
 
14 
 
15 
 
16 
 
17 
 
18 
 
19 
 
20 
 
21 
 
22 
 
23 
 
24 
 
25 
Case 5:23-cr-00094-D     Document 87     Filed 04/02/24     Page 30 of 31

 
 
 
 
CERTIFICATE OF TRANSCRIBER 
1 
 
 
I, Janice Russell, court-approved transcriber, in and 
2 
for the United States District Court for the Eastern District 
3 
of North Carolina, do hereby certify that pursuant to Section 
4 
753, Title 28, United States Code, that the foregoing is a true 
5 
and correct transcript from the official electronic sound 
6 
recording of the proceedings held in the above-entitled matter 
7 
and that the transcript page format is in conformance with the 
8 
regulations of the Judicial Conference of the United States. 
9 
 
10 
 
 
 
 
Dated this 2nd day of April, 2024. 
11 
 
12 
 
 
 
 
/s/ JANICE RUSSELL  
 
 
13 
 
 
 
 
JANICE RUSSELL 
 
 
 
 
COURT-APPROVED TRANSCRIBER 
14 
 
 
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