Sentencing Hearing Transcript — U.S. v. Oudomsine (S.D. Ga.)

Record facts

U.S. District Court for the Southern District of Georgia, Dublin Division · No. 3:21-cr-00013-DHB-BKE · Doc. 42 · 2022-04-28 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF GEORGIA 
DUBLIN DIVISION 
 
 
United States of America, 
)
) 
Plaintiff,
) 
) 
vs.
)   Case No. 3:21CR13 
) 
Vinath Oudomsine,    
)
) 
Defendant.
) 
______________________________) 
 
 
SENTENCING HEARING 
BEFORE THE HONORABLE DUDLEY H. BOWEN, JR. 
UNITED STATES DISTRICT COURT JUDGE 
FRIDAY, MARCH 4, 2022; 12:47 P.M. 
 
 
FOR THE PLAINTIFF: 
 
Jonathan Alan Porter, Esquire 
U.S. Attorney's Office 
Post Office Box 8970 
Savannah, Georgia 31401 
(706)724-0517 
 
FOR THE DEFENDANT: 
 
C. Brian Jarrard, Esquire 
C. Brian Jarrard, LLC 
4108 Arkwright Road, Suite 2 
Macon, Georgia 31210 
(478)477-0004 
 
OFFICIAL COURT REPORTER: 
 
Lisa H. Davenport, RPR, FCRR 
Post Office Box 5485 
Aiken, South Carolina 29804 
(706)823-6468 
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(Call to Order at 12:47 p.m.)
THE CLERK:  The court calls case 3:21CR13.  United
States of America versus Vinath Oudomsine.  Representing the
government, Jonathan Porter.  For defendant, Brian Jarrard.
Here for sentencing.
MR. PORTER:  Ready to proceed, Your Honor.
THE COURT:  Mr. Oudomsine, on October 28, 2021, you
entered a guilty plea as to count one of the information
charging you with wire fraud in violation of federal law.  Have
you had the opportunity to read and consider the Presentence
Investigation Report with your lawyer?
THE DEFENDANT:  Yes, Your Honor.
THE COURT:  Do you or your lawyer have any objections
as to the factual statements of the report?
THE DEFENDANT:  No, Your Honor.
THE COURT:  In that there are no objections to the
factual statements and I have seen no concerns expressed about
the application of the advisory sentencing guidelines I will
adopt the factual statements as my own findings of fact.  Here
the statutory penalty is a 20-year prison term; the total
offense level is 11; criminal history category is I (one) 
Providing for 8 to 14 months imprisonment, one to three years
on supervised release, 4,000 to $40,000 in fines, restitution
$85,000, and a $100 special assessment.
Is there any reason why we should not proceed into
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sentencing at this time?
MR. JARRARD:  No, Your Honor.
MR. PORTER:  Not from the government, Your Honor.
THE COURT:  I will make mention into the open record
in this case that Mr. Jarrard had made a statement there are
some restitution funds which are payable to the Clerk and those
will be presented according to his dictates.
Mr. Oudomsine, you have the right during this
proceeding to be heard in your own behalf.  More importantly, I
will tell you I encourage you to speak in your own behalf.
Okay.  Mr. Jarrard, I'll call on you.
MR. JARRARD:  Thank you, Your Honor.  My request is
that the Court sentence my client to time served by virtue of,
frankly, either a downward variance under 3553 or a downward
departure, Your Honor.  I will first highlight certain
information in the Presentence Report.
As the Court knows Your Honor ordered my client into
custody at his change of plea.  He plead to an information
pre-indictment and appeared voluntarily for his change of plea
and the Court ordered him into custody at that time.  He has
been in custody as we stand before you 126 days.  So, of
course, that's four months and a few days.
My client, Your Honor, is 32 years old.  He's a
naturalized citizen of this country having immigrated with his
parents and his family, all of whom are with us today -- all of
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his family, just raise your hands if you would -- you'll see
seated behind us, Your Honor.  That includes all of his -- that
includes his parents and his siblings all who are listed in the
Presentence Report.  My client has several degrees, his highest
degree, of course, being a bachelors's degree and as noted he
is a naturalized U.S. citizen.
Your Honor, with respect to -- of course, he came in
as early as the process would allow and plead, admitted his
responsibility for this fraud related to the Corona Virus
relief funds.  He has now returned the Pokémon card that was
used with some of these funds and my office, through my
associate at the time, worked with Xavier Cunningham with the
U.S. Attorney's Office to, one, determine the maximum
restitution in light of the reality of the return and
forfeiture of the Pokémon card and so the amount I have present
today, though it's in two cashier's checks, is the total
restitution figured by Mr. Cunningham and my office.
Now we acknowledge, of course, that if the forfeiture
process means that the Pokémon card is not sold through the
governmental process for sufficient funds to cover the full
restitution, then there may be an additional restitution
obligation.  Given the valuation of that card, we don't
anticipate that being the case.  I tell you all that, Your
Honor, as that with respect to the funds, certainly, my client
and I had to wait on the order from the Court.  We weren't
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waiting on the Court.  The Court was waiting on us to negotiate
with Mr. Cunningham, but we had to have that order in place
before the prejudgment restitution could be paid.  We have
done -- or my client working in conjunction with his family has
done everything he could to make sure prior to today we have
addressed the return of the card and the full restitution
payment.
As you note, Your Honor, my client has zero criminal
history points.  He's had no prior juvenile or criminal
problems whatsoever and no other noted criminal conduct.  I
tell you all that, Your Honor, to say that I think this case
clearly falls within the United States Sentencing Guidelines 
5K2.20 for aberrant behavior.  I think it's entirely
appropriate for the Court to just treat it as a variance under
3553, but when the Court considers the United States Sentencing
Guideline and the Policy Statement contained in the aberrant
behavior guideline my client meets all of the criteria of
5K2.20.  Particularly, Your Honor, this is, as in the language
of the guidelines, a clear departure from an otherwise
law-abiding life and it is an event without significant
planning of limited duration, and, again, it represents a
marked deviation by this defendant from his otherwise
law-abiding life.
Unlike most of the clients I have stood in front of
Your Honor with, my client is very fortunate to have a loving,
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supportive extended family, all of whom, again, are here in
support of him today.  He was raised in a two-parent home.  He
is a high school graduate and, again, as I note a naturalized
United States citizen having been naturalized as a citizen in
2003 along with his family.  As an indication of the stability
of his family life you will note on page 8 of the Presentence
Report he has a brother who is a medical component
manufacturer; he has a brother who is in polymer testing; and
he has two siblings who are college students; and, again, as
noted earlier my client is a high school graduate.  
In fact, I note for Your Honor that this case is also
remarkable in my dealings because my client has a core group of
friends who have been with him since his days at Habersham High
School.  Some of those friends and not to misspeak -- I don't
know which of these three friends I'll point out to you; maybe
all of them -- actually, I know Ms. Bohannon doesn't go all of
the way back to Habersham as they met in college and as I spoke
with Ms. Bohannon, essentially, a core group of students from
Habersham High School went off to college together.  I think it
was Young Harris and that crew stayed together and Vin was a
portion or a member of that group.
We have with us today -- and I'd ask them just to
raise their hand -- Caitlyn Bohannon which is one of the friend
group, Your Honor.  Ms. Bohannon has a career in marketing.  We
have Michael Gale.  Mr. Gale is in commercial real estate with
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Wells Fargo and then finally we have Austin Schlieman.  He is
in the wealth management field.  As I noted earlier all of
Mr. Oudomsine's family members are seated either beside his
friends or in front of them.
The Presentence Report notes what his specific degrees
are and you also note, Your Honor, on page 9 that Vin was
enlisted -- it's paragraph 44, Your Honor -- he was enlisted in
the United States Army Reserve.  We certainly anticipate -- I
don't know if -- I suspect that this conviction certainly means
he will not remain in the Reserves.  I am not privy to know
whether that means he will be dishonorably discharged or how
that will work, but amongst all of the ramifications of being a
convicted felon he certainly has to yet answer to the United
States Army Reserves with respect to his status there, but I do
think it is somewhat indicative of the individual you have in
front of you that though he's now made a mistake that may
foreclose those options for him he immigrated to this country
with his family and thought it appropriate to join our armed
forces.
Your Honor, as I began I would ask that you either
treat it as a variance or that you depart downward under the
aberrant behavior guideline.  I will note, Your Honor, that the
Application Notes to the guidelines say that in many cases
fraud cases are not treated under the aberrant guidelines, but
this fraud was not a complicated fraud and one that I
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respectfully submit does not disqualify an aberrant behavior
downward departure.
Under 3553(a), Your Honor, I respectfully submit that
it would be sufficient, but not greater than necessary, to give
my client a time-served sentence.  Your Honor, I have, as you
know, had some experience in this court and I don't presuppose
to know what the Court's justification or thinking is in any
given case -- that's not my province, but I do have an
appreciation for the fact that my client having been in the
Laurens County Jail for 126 days as opposed to a federal prison
camp in my opinion is more punitive.  What I mean by that is
it's more punitive than being in a prison camp in the federal
system for 126 days.
So I would ask you to give him time served.  I know
this is his Zone B guideline range.  If the Court disagrees
with me on a pure time-served sentence, I would ask at least
for a split -- not a split sentence, but to allow any remaining
term to be served on home confinement if Your Honor is not
inclined to give him a straight time-served sentence.  Thank
you, Your Honor.
THE COURT:  Will I hear from your client?
MR. JARRARD:  Yes, Your Honor.  He intends to speak to
Your Honor.
THE DEFENDANT:  Good afternoon, Your Honor.  I want to
say that I want to apologize for -- I want to apologize to my
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family and friends.  They have been nothing but supportive and
helpful throughout this whole ordeal.  I am so indebted to
them.  They mean a lot to me.  I love you guys.  I really do.
I want to apologize for my actions.  I understand that
what I done was wrong and I am going to have to live with that
mistake for the rest of my life.  I need to use -- I need to
learn to use better judgment and make wiser decisions in the
future.  In the long run prior to this event I kept my nose out
of trouble and this mistake that happened has been costly to
me.  So I apologize for that.  That's all I have to say, Your
Honor.
THE COURT:  Mr. Jarrard, where are these checks that
you've been talking about and what's the total amount?
MR. JARRARD:  Your Honor, I have both cashier's checks
made payable to U.S. District Court Clerk.  They're payable
from South State Bank.  One is in the amount of $20,000 and one
is in the amount of $4,745.90.  Those together total the full
total listed in the Court's order regarding prejudgement
payment.
THE COURT:  All right.  You can present those to the
Clerk if you'd like.
MR. JARRARD:  Thank you, Your Honor.
THE COURT:  Mr. Porter, do you have any comments from
the United States?
MR. PORTER:  Briefly, Your Honor.  Your Honor, in the
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face of a pandemic that was threatening the shutdown of our
nation's economy Mr. Oudomsine invented a fake entertainment
services business.  He said that business had existed since
December of 2018, had $235,000 in gross revenue the year prior
to the pandemic, and had ten employees.  Your Honor, these were
lies.  These were lies to defraud the program constructed by
Congress to provide disaster loans to real small businesses
during early days of Covid-19 pandemic.
While millions of real small business were finding
ways to keep their lights on, Vinath Oudomsine lied and then he
used the loans to buy, of all things, a Pokémon card.  Your
Honor, that's why we're here:  Blatant abuse of a government
relief program during a pandemic.
Now, Mr. Oudomsine had the good sense not to go as far
as some other Covid-19 fraudsters.  He didn't invent half a
dozen fake businesses.  He didn't invent fake tax documents
which a lot did.  He didn't create fake bank records and he
didn't lie about it when the FBI approached him.  To his credit
Mr. Oudomsine immediately took responsibility and was honest
with the FBI.  That certainly doesn't excuse what he did, but
it is worth noting.
Your Honor, there are a lot of these cases.  I have
been working these cases like crazy over the last year plus.
Just yesterday I proffered a target who had done over 200
fraudulent PPP loans for people.  In the day before that I was
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at an arraignment of an attorney -- an attorney who we indicted
for getting EIDLs for fake businesses and creating fake tax
documents to fool the SBA.  
Your Honor, we're going to see a lot of these cases
coming up, and we're taking all of these seriously from the
attorneys who are doing this to the people who are doing
hundreds of these loans down to the people like Mr. Oudomsine
who committed fraud once.  They're all fraud.  They're all
abhorrent and we're going to commit resources to holding those
committing fraud accountable.
Your Honor, I would ask the Court to take those
factors into consideration when crafting Mr. Oudomsine's
sentence, but it should certainly be a sentence that makes
clear that you cannot defraud the government, especially not in
the midst of a pandemic.  Thank you, Your Honor.
THE COURT:  I am going to ask you, Mr. Porter, because
I am curious about it -- I know that the matter must proceed in
an orderly process; however, just as Mr. Oudomsine has been
incarcerated for 120 days, from what Mr. Jarrard tells me there
seems to be a level of complacency about this super valuable
Charizard Pokémon card.  I haven't got Mr. Cunningham here to
talk to; so I am talking to you.
MR. PORTER:  Yes, Your Honor.
THE COURT:  We got a war going on.  These are the sort
of the things that happened.  The vagaries of the market place
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become even more accentuated with the passage of time.  I'm not
going to accept some enormous valuation of a piece of paper
that has some mysterious properties that make it so valuable.
I don't mind accepting restitution payments whenever I can get
them, but the restitution in this case until I hear different
is 85,000 from which $24,745 may, upon negotiation of the
checks, be deducted.  What's wrong with that?
MR. PORTER:  Nothing, Your Honor, and I am happy to
relay to Mr. Cunningham how quickly the Court would like for
things to happen from here in terms of liquidating that card.
THE COURT:  He could have had an order whenever he
wanted.  I don't know when he got it.  That's another thing.  I
have never been supplied by anybody, especially the defendant,
a history of what happened to that card.  All I got was some
bland statement it had been sent off to Atlanta to a family
member -- 
MR. PORTER:  Your Honor, I ---
THE COURT:  -- maybe one of the people here.
MR. PORTER:  Your Honor, I am happy to proffer that or
I know Mr. Jarrard may know the history as well.  I'm happy to
answer that question.
THE COURT:  Well, I'd love to hear about it.
MR. PORTER:  Yes, Your Honor.  So as soon as Agent
Kirkland interviewed Mr. Oudomsine he told Agent Kirkland where
the card was, made ---
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THE COURT:  The agent told me specifically he said he
sent it off to a family member.
MR. PORTER:  Yes, but we were aware that it was with a
family member and Mr. Oudomsine made arrangements to meet Agent
Kirkland to show him the card.  That's about the time when
Mr. Dixon ---
THE COURT:  Show him the card?
MR. PORTER:  Yes, Your Honor.  
THE COURT:  All right.  
MR. PORTER:  Just to verify that it was still in
existence.  Mr. Dixon then was retained and wanted to go
through I would say more formal court recognition of forfeiting
the card, but it was always our understanding that the card was
going to be forfeited.  Mr. Oudomsine never backed away from
that.  We just wanted the court to be involved in that process.
MR. JARRARD:  Your Honor, if I could add to that, as
the Court knows Mr. Dixon was my client's first attorney and
then I came onto the case.  I can't speak to what Mr. Dixon
did, but I can tell you that, yes, once I was retained the card
had not been surrendered and my office immediately began
working with Mr. Cunningham on the appropriate orders to allow
the acceptance for forfeiture of the card and it is my
understanding and what I was -- I had an associate with me at
the time, Your Honor, that was doing some of the logistics for
this, but that once I was his counsel as soon as that card
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could be turned over it was turned over by virtue of a meeting
with Mr. Kirkland's colleagues in Atlanta with the family to
immediately turn over the Pokémon card.
We did it from my office's perspective, Your Honor, as
quickly as we could, and I will represent that my client as
soon as I met with him wanted that to be the case and there was
never any discussion about it.  It was beyond debate, and now
the payments we have made as quickly as the process would allow
to, one, figure out -- let me comment on one thing you said,
Your Honor.  Let me be crystal clear and my client understands
this because I have explained it to him:  We're not saying that
what the court presently has satisfies the restitution
obligation until we all know that that card sells for
sufficient amounts to satisfy.  We understand there is a
$85,000 restitution obligation.
What Mr. Cunningham and my associate did at the time
was to try to figure out, given what we believe the value of
the card to be, what do the checks need to be and that's where
that 24,000 and change came from, but it is my client's full
intent and it always has been while I have represented him to
make full restitution understanding that the 85,000 was the
restitution to be paid.
THE COURT:  Well, Mr. Jarrard, Mr. Porter, I
appreciate y'all having such confidence in the ability of the
United States Attorney and the Marshals and the FBI to sell a
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Pokémon card.  That's a different approach.  I see absolutely
nothing wrong with having seen the card for the FBI agent to
say "thank you" and take it and bring it to the U.S. Attorney.
I don't know why it had to be preceded by an order.  In my
opinion it does not.  I would favor expediency in a situation
like that, and I don't want to comment in any way by
implication or otherwise on Mr. Dixon, a former United States
Attorney and a very experienced lawyer, and I know that
Mr. Jarrard has no such intention, but my point will be that
there was no suggestion of an immediate transfer of that card
until after this man had been put in the Laurens County Jail.
That's a fact.
All right.  What else, Mr. Porter?
MR. PORTER:  Nothing else, Your Honor.
THE COURT:  Mr. Jarrard?
MR. JARRARD:  Nothing, Your Honor.
THE COURT:  Anything else you want to say,
Mr. Oudomsine?
THE DEFENDANT:  No, Your Honor.
THE COURT:  I appreciate Mr. Jarrard bringing out
certain things.  He brought out some things that are important
and has done that with a view towards encouraging the Court to
employ the aberrant behavior aspect that the defense, no doubt,
devoutly wishes.
I see another situation.  I see a man who has
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virtually complete family support.  I see a man who has the
support of friends and colleagues of long duration.  I see a
person who has been given a great deal of opportunity, who is a
very intelligent individual, who is an educated individual, and
whose family, according to the information I have about other
family members, appreciates education and the opportunities
that they have found in their adopted land.
I see a nation -- indeed, a world -- which is reeling
from the economic effects and expected economic effects of the
pandemic which I do not mean to overstate or over-rate, nor do
I wish to underestimate.  This has been a trying time and we
are just now in February of 2022 emerging from the mantel that
has covered us since this time in 2020.  In an effort to boost
or support the enviable American economy -- the lodestar of the
world, if you will -- a well-intended Congress, a well-intended
President risks inflation and other ills to gain an immediate
effect -- beneficial effect -- for the then somewhat-crippled
economy with the CARES Act.
You can't just say it in terms of billions.  We've had
by a rough estimate account in stimulus funds and CARES Act and
other infusions into the economy we've run the national debt up
probably by $6 trillion or more in all of this.  And I have no
intention of being ironic or sarcastic.  I can say, though,
without any hesitation that for his part in all of this
Mr. Oudomsine has expressed his gratitude for the efforts of
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the Congress, the administration, the President, and the
taxpayers of this country with an $85,000 insult, and that's
what it amounts to -- not just a flippant show of some obscene
gesture, but a carefully planned, carefully executed
application to a salutary program for the most venal objective:
To steal $85,000 from the taxpayers of this country.
With every expectation after spilling the beans to the
FBI he was to walk in the courtroom, make an apology, and walk
out which, of course, did not happen, and now we are spinning
the wheels of the government which do not turn inexpensively --
in addition to having opened an FBI investigation here and a
federal prosecution, we've got Mr. Cunningham engaged in the
business of selling this -- I feel foolish every time I say it
-- Pokémon card.
Now we've got a war going on in which happily we are
not yet engaged and the market may have changed.
Mr. Cunningham will find out.  I don't know, but as far as I'm
concerned in all of this the insult continues, and whether or
not the $85,000 is immediately repaid which is a matter of
great interest, obviously, to the presiding Judge, it is not a
merit badge if it is.  It is still an expensive undertaking for
the government of the United States which does not operate on
air but on money just like everything else, and it's likely
that there will never be a full restitution of all of the money
that this costs.  So there is no thank you note for
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restitution.  Restitution is the minimum that is expected.
While I will agree with the defense that Mr. Vinath
Oudomsine has not done anything like this in the past, when he
did it, he did it with the facility and with the ability and
with a level of venality that his age, his education, his
upbringing, and his life experience make it all the more
culpable.
I have determined that there is no reason why judgment
and sentence should not be imposed at this time in the case.  I
have afforded the defendant and his counsel an opportunity to
be heard.  I have reviewed and considered the Presentence
Investigation Report, including the advisory guideline range,
and I have stated my findings relative to the report, and now
pursuant to the provisions of the Sentencing Reform Act and the
applicable provisions of the sentencing guidelines which are
very helpful, but, more importantly, pursuant to the provisions
of Title 18, United States Code, Section 3553(a), particularly
those related to the fashioning or molding of a sentence which
is sufficient, but not greater than necessary, to meet the
crime this man committed and to demonstrate to the world the
likely result of the commission of the same or similar criminal
act -- that is, deterrence, which I deem to be the most
important factor in this case -- it is hereby ordered,
adjudged, and decreed that Vinath Oudomsine is committed to the
custody of the Bureau of Prisons for the purpose of
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    19
imprisonment for the term of 36 months.
This is above the guideline range.  The guideline
range is calculated on the run-of-the-mind type of fraud --
perhaps an insurance scam, perhaps a banking scam -- but when
an individual sets out not by accident but by means of his
education, ability, and background to steal money from a
national benevolence, a program which was created with plenty
of loopholes, as it were, to make this money available and to
make it available quickly and to bring the deterioration of the
economy in check, when it is done in that manner with such a
blatant disregard for the people who needed these funds and for
the people who paid for this program, then the guidelines
should defer to practicality and that's what it needs to
demonstrate to the world that this is the consequence of such
activity.  So for those reasons, I am departing, and those 
will be transcribed and placed in the Judgment and Commitment
Order.
Upon release from imprisonment the defendant is placed
on supervised release for three years.  While on supervised
release he is to comply with the standard conditions of
supervision adopted by this court and the mandatory conditions
required by federal law.  Further, the defendant is to
cooperate in the collection of a DNA sample as directed.  While
on supervised release the defendant is to comply with certain
special conditions imposed by the Court.  These special
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conditions are reasonably necessary to achieve the purposes of
sentencing.  The following special conditions are imposed and I
will ask the probation officer to announce those, please.
PROBATION OFFICER RIGGS:  Thank you, Your Honor.  
The defendant must submit to substance abuse testing
to determine if he has used a prohibited substance.  The
defendant must not attempt to obstruct or tamper with the
testing methods.  The defendant must provide the probation
officer with access to any requested financial information and
authorize the release of any financial information.  The
probation office may share such information with the U.S.
Attorney's Office.  The defendant must not incur new credit
charges or open additional lines of credit without the approval
of the probation officer.  The defendant shall not maintain
more than one financial institution account or be an assignor
on a financial institution account without the prior approval
of the probation officer.
The defendant must pay the financial penalty in
accordance with the schedule of payments attached to the
judgment.  The defendant must also notify the court of any
changes in economic circumstances that might affect his ability
to pay any financial penalty.
The defendant must submit his person, property, house,
residence, office, vehicle, papers, computers, other
electronic-communications or data-storage devices or media to a
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    21
search conducted by a United States Probation Officer.  Failure
to submit to a search may be grounds for revocation of release.
The defendant must warn any other occupants that the premises
may be subject to searches pursuant to the condition.  The
probation officer may conduct a search under this condition
only when reasonable suspicion exists that the defendant has
violated a condition of supervision and that the areas to be
searched contain of this violation.  Any search must be
conducted at a reasonable time and in a reasonable manner.
A curfew is imposed as a special condition of
supervised release and the defendant must comply with the
conditions of a curfew from 10 o'clock p.m. until 6 o'clock
a.m. for the period of supervision.  During that time the
defendant will remain at his place of residence at all times
and shall not leave except when such leave is approved in
advance by the probation officer.
THE COURT:  The probation office is directed to
provide to the defendant a written statement setting forth all
of the conditions to which the term of supervised release is
subject.  Restitution is due in the amount of $85,000 to the
U.S. Small Business Administration due and payable immediately
from which that restitution there may be deducted the sum of
$24,745 when the checks tendered today to the Clerk of Court
are negotiated and paid.  The restitution, as I said earlier,
is the minimum that is expected as a financial obligation in
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this case.
Upon all of the factors here it is ordered that the
defendant is to pay a fine in the amount of $10,000 due and
payable immediately.  That fine is contemplated by the Court to
be some sort of reimbursement to the United States for the cost
of this prosecution and that's why it is imposed.  It is
probably just a token, but that is what it is.  Restitution is
an obligation that is the floor of the obligation here.
Special assessment due and payable immediately in the amount of
$100.
This defendant is to forfeit his interest in any
property constituting or derived from the proceeds obtained as
a result of the offense of conviction including the 1999
Pokémon trading card which is of record in these proceedings.
The Court's Order of Forfeiture on January 7, 2022, is
incorporated into the judgment.
I am accepting the plea agreement for the usual
reasons.  The defendant is remanded to the custody of the
United States Marshal and is notified of his right to appeal
from this sentence within -- is it 14 days?  Is that the
correct time? -- from today.
Now that sentence has been imposed I will ask if other
than statements earlier made in the record are there any
objections to the Court's findings of fact, conclusions of law
or the manner in which the sentence was imposed?
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MR. PORTER:  None from the government, Your Honor.
MR. JARRARD:  Your Honor, I need a moment to speak
with my client before I conclude.
THE COURT:  Sure.
MR. JARRARD:  Thank you, Your Honor.  I do preserve my
client's right to appeal to argue that the Court's sentence is
greater than necessary under 18 U.S.C. § 3553 and otherwise not
consistent with the guidelines.
Your Honor, I know you took my client into custody at
his change of plea; however, I don't believe that the Court is
foreclosed from allowing him still to self-surrender to the
Federal Bureau of Prisons and I would ask that the Court
consider that in this case.  The Court has imposed a lengthy
prison sentence and he needs some time to get his affairs in
order before serving this lengthy sentence.  So I would ask
that he be allowed to self-surrender.
THE COURT:  Any comment from the United States?
MR. PORTER:  No, Your Honor.
THE COURT:  That motion is denied.  The -- I already
notified him of his right to appeal.  I agree with you -- the
right to appeal has been reinstated.
Counsel, thank you for your patience today.  That
concludes the matter.  
(End of Transcript of Record.)
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CERTIFICATE OF REPORTER 
 
 
 
     I, Lisa H. Davenport, Federal Official Reporter, in and 
for the United States District Court for the Southern District 
of Georgia, do hereby certify that pursuant to Section 753, 
Title 28, United States Code that the foregoing is a true and 
correct transcript of the stenographically-reported proceedings 
held and that the transcript page format is in conformance with 
the regulations of the Judicial Conference of the United 
States. 
 
________________________________ 
Lisa H Davenport, RPR, FCRR 
Federal Official Reporter 
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Case 3:21-cr-00013-DHB-BKE   Document 42   Filed 04/28/22   Page 24 of 24
Digitally signed by 
Lisa Davenport 
Date: 2022.04.28 
14:28:22 -04'00'

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