Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 1 of 25
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` UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
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` UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
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` DISTRICT OF PUERTO RICO DISTRICT OF PUERTO RICO
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` DISTRICT OF PUERTO RICO DISTRICT OF PUERTO RICO
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`UNITED STATES OF AMERICA, )UNITED STATES OF AMERICA, )
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`UNITED STATES OF AMERICA, )UNITED STATES OF AMERICA, )
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`Plaintiff, )Case No. Plaintiff, )Case No. 10-435-3710-435-37 (PG) (PG)
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`Plaintiff, )Case No. Plaintiff, )Case No. 10-435-3710-435-37 (PG) (PG)
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` vs. ) vs. )
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` vs. ) vs. )
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`CARLOS RODRIGUEZCARLOS RODRIGUEZCARLOS RODRIGUEZ----MILIAN, CARLOS RODRIGUEZ MILIAN, MILIAN, ) ) ) ) MILIAN,
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` Defendant. ) Defendant. )
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` Defendant. ) Defendant. )
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`____________________________________________________________________________________________________________)))) ____________________________________
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`TRANSCRIPT OF SENTENCING TRANSCRIPT OF SENTENCING PROCEEDINGS - VOLUME PROCEEDINGS - VOLUME TRANSCRIPT OF SENTENCING TRANSCRIPT OF SENTENCING PROCEEDINGS - VOLUME PROCEEDINGS - VOLUME IIII
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`BEFORE THE HONORABLE BEFORE THE HONORABLE BEFORE THE HONORABLE JUAN M. PEREZ-GIMENEZJUAN M. PEREZ-GIMENEZ, , , , BEFORE THE HONORABLE JUAN M. PEREZ-GIMENEZJUAN M. PEREZ-GIMENEZ
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`10:51 A.M. AUGUSTAUGUSTAUGUST 22222222, , , , 2014201420142014 AT AT AT AT 10:51 A.MAUGUST 10:51 A.M10:51 A.M
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`FOR THE PLAINTIFF:FOR THE PLAINTIFF: JOSE A. CONTRERAS, AUSA
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`FOR THE PLAINTIFF:FOR THE PLAINTIFF:
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`FOR THE DEFENDANT: FOR THE DEFENDANT: HECTOR L. BARRETO-CINTRON, ESQ.
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`FOR THE DEFENDANT: FOR THE DEFENDANT:
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`Proceedings recorded by mechanical stenography, transcript
`produced using computer aided transcription.
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`____________________________________________________________
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`Pamela J. Andasola, CSR/RMR/FCRRPamela J. Andasola, CSR/RMR/FCRR
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`Pamela J. Andasola, CSR/RMR/FCRRPamela J. Andasola, CSR/RMR/FCRR
`FEDERAL OFFICIAL COURT REPORTER
`150 CARLOS CHARDON AVENUE
`HATO REY, PUERTO RICO 00918
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`Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 2 of 25
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`2014 MORNING MORNING SESSION, SESSION, MORNING MORNING SESSION, SESSION, AUGUSTAUGUST 22222222, , , , 2014 AUGUSTAUGUST 2014 2014
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`*****
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`(The following proceedings were had in
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`open court with all parties present and
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`the defendant appearing in custody at
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`the hour of 10:51 a.m.)
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`*****
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`THE CLERK: Criminal case 10-435, United States of
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`America versus Carlos Rodriguez-Milian for sentencing. On
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`behalf of the Government, Assistant U.S. Attorney Jose A.
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`Contreras. On behalf of the defendant, Hector
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`Barreto-Cintron. The defendant is present.
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`MR. BARRETO: Good morning, Your Honor.
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`Morning to all. This is Attorney Hector
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`Barreto-Cintron of behalf of the defendant, Carlos
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`Rodriguez-Milian.
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`MR. CONTRERAS: Good morning, Your Honor.
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`Good morning, Your Honor. Assistant United States
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`Attorney Jose Contreras covering for AUSA Jenifer Hernandez.
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`MR. BARRETO: Yes, Your Honor, our sentencing
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`hearing was rescheduled, Your Honor, due to the fact that
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`there were some amendments to be made to the PSR.
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`Your Honor, as of today the amendments were not
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`made.
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`THE COURT: The Government is arguing to have
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`Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 3 of 25
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`probation to make the amendments that were requested last
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`time we met.
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`PROBATION OFFICER: Very well, Your Honor.
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`MR. BARRETO: Your Honor, for that reason, and in
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`order to provide our input into the PSR, Your Honor, we're
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`asking for a continuance, Your Honor.
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`THE COURT: But the defendant did have time to
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`provide input. What input do you want?
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`MR. BARRETO: Well, when the amendments are made,
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`we just want to verify.
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`THE COURT: You can verify after they are made but
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`I'm going to proceed to sentence this morning.
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`MR. BARRETO: Well, Your Honor, we don't have the
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`Amended Report.
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`THE COURT: That's all right. What amendments are
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`the ones you want, for example?
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`MR. BARRETO: Well, I don't have all of them,
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`but --
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`THE COURT: Which are the ones you want?
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`MR. BARRETO: Specifically regarding the
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`co-defendant that we mentioned.
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`THE COURT: He was sentenced to ten years.
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`MR. BARRETO: Yes, sir.
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`THE COURT: That shall be included.
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`MR. BARRETO: That was the most worrisome one.
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`The other ones are relating to his familial status and --
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`THE COURT: Which ones?
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`MR. BARRETO: Um --
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`THE COURT: Because this is the time to do it.
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`The way, Counsel, the way we proceed to sentence, I ask you
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`if you read -- if you read the Presentence Report, I see
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`that you have.
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`MR. BARRETO: We have read it and discussed it
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`with our client in detail.
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`THE COURT: And Mr. Rodriguez has also read it?
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`MR. BARRETO: Yes, sir, he has.
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`THE DEFENDANT: Yes, Your Honor.
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`THE COURT: Are there any amendments or
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`corrections to be made?
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`MR. BARRETO: Yes, the addition that we mentioned;
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`right.
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`THE COURT: Okay, let's go to whatever other
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`correction or amendments.
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`MR. BARRETO: As far as corrections --
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`THE COURT: None?
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`MR. BARRETO: None.
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`THE COURT: Okay. Amendments or additions?
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`MR. BARRETO: Well, the -- he did mention a
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`specific one regarding his financial situation.
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`THE COURT: Okay.
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`MR. BARRETO: About the property, in fact, in
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`terms of -- we're talking about Item 77 on Page 22.
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`THE COURT: Okay.
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`MR. BARRETO: Okay. As far as the real estate
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`allegedly owned by Mr. Rodriguez-Milian, he stated that
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`there is an error with regard to the 225, that the actual
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`value of the property, as per the last appraisal, is 180,
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`$180,000. And, of course, the equity would be lower if --
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`the equity amount will also be lower, so it would be 175.
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`Also, the property has a second mortgage, has had one since
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`before the PSR.
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`THE COURT: All right. So it should reflect that
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`it's worth 180,000.
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`MR. BARRETO: With an equity of -- I would take an
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`estimated guess that is way lower -- probably about 140,
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`Your Honor, 145.
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`THE COURT: Approximately 140?
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`MR. BARRETO: And with -- it says here the
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`mortgage loan payment's in the amount of 1,122, plus the
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`second mortgage.
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`THE DEFENDANT: The second mortgage is from
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`75,000.
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`MR. BARRETO: Okay.
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`THE DEFENDANT: With Banco Santander.
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`MR. BARRETO: The payment?
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`THE DEFENDANT: It is special loan. I have to
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`have -- pay the painters.
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`MR. BARRETO: How much?
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`THE DEFENDANT: Varies. Varies.
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`THE COURT: So the probation office shall include
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`that that there is a second mortgage, which affects the
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`property, with Banco Santander in the amount of 75,000.
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`Any other --
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`MR. BARRETO: Nothing further, in terms of the
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`amendments, Your Honor.
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`THE COURT: Okay.
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`MR. BARRETO: Okay. I would like to mention that
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`we did -- the defendant did file a motion for medical
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`treatment, which we join.
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`THE COURT: We'll get to that.
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`Any amendments or corrections from the Government?
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`MR. CONTRERAS: No, Your Honor.
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`THE COURT: All right, Counsel, is there anything
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`that you would like to state on behalf of your client before
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`I pronounce sentence?
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`MR. BARRETO: Yes, sir, Your Honor.
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`THE COURT: Okay.
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`MR. BARRETO: Yes, sir. Defendant, Carlos
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`Rodriguez-Milian, is a family person, is a family man with
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`several children. He was a businessman. He is a
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`businessman and he has a bachelor degree.
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`This is a person that barely -- he was found
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`guilty. This is a very bad mistake, but this is a person
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`who had no prior criminal history, is a person that because
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`of the of allegations and what was alleged, he was -- his
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`pilot's license was taken away from him. Your Honor, more
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`than likely he will be grounded for life, so in terms of any
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`restoration, I would say that that's very unlikely to
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`happen.
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`This defendant is very likely not to commit any
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`more crimes and this is a person who I wholeheartedly
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`believe will rehabilitate and rejoin society in a useful and
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`fruitful way.
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`Your Honor, we know that co-defendant Jeffrey
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`Nunez-Cruz (sic) was sentenced to ten years, basically for
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`the same exact act. It was -- he rode in the airplane with
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`the defendant, was alongside the defendant, and for that
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`crime, which he was charged along with defendant, it was
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`Count Three of the indictment, he was sentenced to ten
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`years, the mandatory minimum.
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`Mind you, Your Honor, that the co-defendant did
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`have a criminal record, in fact, I believe he had a parallel
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`case to this one, and even though he had this criminal
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`history, the ten-year mandatory minimum was the proper and
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`just punishment for that co-defendant.
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`This defendant does not have a criminal history.
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`He is -- he has a bachelor's, like I said. Your Honor, he
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`has enough education to know better. He knows what he did.
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`I believe him to be remorseful. I think that this won't
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`ever be repeated, Your Honor. I think ten years is enough
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`deterrent for this crime and will serve justice because it's
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`a tough sentence, Your Honor.
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`He is forty-eight -- he is forty-three. He will
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`be out at fifty-three. By then he should know that, you
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`know, for the remaining of his life, you know, he needs to
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`do well for his family.
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`I think that he has the capacity to get out after
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`serving his time and maybe start a business, Your Honor.
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`Like he had, he had a business -- businesses -- several
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`businesses.
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`You know, he had some pawnshops, so he has
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`knowledge and can restart his life after he serves his time;
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`but, Your Honor, aside from that, I think that one thing
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`that really hurt him that he mentioned to me several times
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`was the fact that he couldn't fly again. That is -- when
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`you're a pilot, that's punishment, you know. Of course it's
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`a premonishment, we know that, but he feels it's a
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`punishment, and well deservedly so, Your Honor; but he's
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`already -- he already knows he will be grounded. He -- in
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`fact, Your Honor, his e-mail is his initials, CRM, and then
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`"pilot," so he's always seen himself as a pilot and now he
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`will never be able to.
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`So, in -- Your Honor, in imposing the sentence, I
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`do realize that there is a guideline, yes, Your Honor, there
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`are sentencing guidelines, but the sentencing guidelines in
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`this case are -- I believe -- very, very harsh, you know,
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`just fifteen to twenty five years. And this is a
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`one-time -- he was not part of that organization. This is
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`not a man who made multiple -- the amounts are relatively
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`low when compared to the organizations of hundreds and
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`hundreds of kilograms in vessels. This is really a drop in
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`the bucket -- not to minimize, with all due respect to the
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`Court -- but really look at the situation, there were no
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`weapons involved, Your Honor, when this organization was
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`very, very violent.
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`So, in evaluating his role, this is a bad, bad
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`mistake. I mean, if I -- I've told him several times if you
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`would have thought this through, you would have known it was
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`never going to happen. There's no way to get away with
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`that. You know, there is a lot of ignorance involved here,
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`Your Honor, but, you know, let's provide, Your Honor,
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`punishment but, please, Your Honor, let's keep in mind that,
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`you know, it's for rehabilitation as well and that he can --
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`he can rejoin the community and still have a chance.
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`THE COURT: Thank you.
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`Mr. Rodriguez, do you care to state anything? You
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`don't have to, but you may do so.
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`THE DEFENDANT: Yeah. First of all, Your Honor,
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`good afternoon to everybody in this court. I want to
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`explain myself briefly, about myself. I'm a family man with
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`very strong family ties. I have -- I'm a father of three
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`excellent boys that were well educated with hard work and
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`sacrifice.
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`All this time I have been focused in developing my
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`family with integrity and provide all the necessities.
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`This, because in my twenty-three years -- twenty-three-year
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`relation -- twenty-three-year relation with my wife, I have
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`been the only financial support at home. For that reason,
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`my family is suffering extraordinary financial and emotional
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`problems, this as a result of this process, and each other's
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`absence.
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`It is very important to mention that also I have
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`the responsibility to provide care to my elderly mother as
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`her -- I'm her only son because my father passed away on
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`July 2012.
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`As a responsible man, I have been taking care of
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`all my obligations as a businessman, including my tax
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`returns in state and federal forms, and I don't have any
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`prior convictions in any form in my history and behavior
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`prior to this offense.
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`I understand that I was found guilty by a jury of
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`my peers in a three-day trial, and also I understand that I
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`will receive a punishment for that offense.
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`I respect -- with respect, I request and pray to
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`Your Honorable Judge to use its discretionary powers, taking
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`into account the totality of the circumstances, family ties
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`and that the offense is a single-incident act.
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`Thanks for the opportunity, and God bless
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`everybody.
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`THE COURT: Thank you. Thank you.
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`From the Government?
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`MR. CONTRERAS: Yes, Your Honor. We would like to
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`highlight to the Court that this defendant is not
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`remorseful, as defense counsel said, and to this day, even
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`with his statement to the Court, does not show any remorse
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`whatsoever for his conduct even after being convicted by a
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`jury of his peers.
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`We would like to highlight for the Court
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`defendant's statement in the PSR at paragraph 30, Page 12.
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`The PSR clearly indicates that the defendant informed that
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`the witnesses who testified at trial were not truthful.
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`This is not a statement of someone who is remorseful for
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`their conduct.
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`The PSR also, at paragraph 26, accurately depicts
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`this defendant's role in the offense and states it was he
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`Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 12 of 25
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`who purchased the plane for this drug smuggling venture,
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`delivered 50 kilograms of cocaine, was accompanied by
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`another individual.
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`Your Honor, this is a serious offense. We believe
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`the defense's request for a varied sentence is not
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`appropriate in this case and for that reason the Government
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`is requesting a sentence of 264 months, which is twenty-two
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`years, and which is a midrange sentence and is supported by
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`this defendant's role, the fact that he is not remorseful.
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`It's also supported by the fact that this Court
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`should consider the deterrence impact that this would have
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`not only on other individuals who are involved in smuggling
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`narcotics, but other pilots who even consider getting
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`involved in this sort of venture. This is the kind of case,
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`Your Honor, that deserves a high sentence for deterrence
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`alone; so, therefore, we are requesting a sentence of 264
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`months.
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`THE COURT: Thank you.
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`MR. BARRETO: Your Honor, we would like to reply.
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`THE COURT: Go ahead.
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`MR. BARRETO: Yes, Your Honor.
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`This is a very outrageous, actually, statement
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`coming from the Government who, in fact, know that many of
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`these defendants that were of higher role than this
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`defendant, committed acts of murder in favor of the
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`Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 13 of 25
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`furtherance of the organization -- multiple murders -- and
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`these guys were bringing in thousands of kilos per month.
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`They contaminated this island from left to right,
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`completely, for ten years. These guys are really bad. And
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`some of them, for cooperating, are actually going to get a
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`lesser sentence.
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`So it's -- are we going to have here the anomaly
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`of this defendant, who committed a single act, whose amount
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`of -- yeah, the Government even admitted 50-kilograms, Your
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`Honor, compared to the hundreds and hundreds in vessels that
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`came in.
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`I mean, we're talking about a situation where the
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`proportionality rule, the Government is asking, Your Honor,
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`to disregard proportionality at all and turn this case up
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`side and make some kind of example -- mind what kind of
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`example are we making?
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`Are we saying that we're going to sentence the
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`same person who committed the same act, you know, for ten
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`years, and we're going to go ahead and give this guy
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`twenty-two years? But it's the same offense, Your Honor.
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`And the other one has a criminal record, Your
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`Honor. That would be totally disproportionate. That would
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`definitely give us grounds for appeal, definitely. There's
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`definitely room for appeal there. I mean, we cannot
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`sentence this man for twenty-two years, Your Honor.
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`14
`First of all, I don't think there's any precedent
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`with regard to that conduct with regards to that statue.
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`Not here. We can't sentence this man for twenty-two years,
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`Your Honor, because then we will be sentencing multiple
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`murderers and people who brought in hundreds and thousands
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`of kilos of cocaine for lesser amounts of time in this very
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`indictment. There is a question of proportionality.
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`Yes, Your Honor, there is a deterrent. Ten years
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`is a long time, Your Honor, a whole decade without your
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`family, being jailed up in God knows in what state. Your
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`Honor, that is punishment. That is punishment.
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`You know, ten years ago I was barely starting my
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`law practice at the federal level. I'm not even the same
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`person now that I was ten years ago. If I look at me ten
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`years ago, I wouldn't recognize me.
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`You know, Your Honor, ten years changes a man. I
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`think that is punishment enough. I believe that this
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`defendant -- and it would -- it would be totally within the
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`discretion of the Court, it will be -- it would be
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`reasonable and it would be proportionate, and Your Honor has
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`discharged that sentence, that very judgment on this same
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`statue, the same count with the other -- the only other
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`co-defendant, the same ten years; so, Your Honor would be
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`imposing a sentence that is fair, that is just, that is
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`right down the line, Your Honor, right down the line and in
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`Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 15 of 25
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`15
`part what the Court has already done in terms of this count
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`Number 3 and this statue.
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`Thank you, Your Honor.
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`THE COURT: Okay, on February the 5th, 2014, Mr.
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`Carlos Estefan Rodriguez-Milian (sic) was found guilty by
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`the jury trial --
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`MR. BARRETO: Your Honor, I'm sorry, Carlos
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`Emilio, not Estefan.
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`THE COURT: Okay, I'm corrected also.
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`MR. BARRETO: Very well.
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`THE COURT: Was found guilty by jury trial as to
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`Count Three of the Superseding Indictment in Criminal
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`10-435.
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`Count Three charged violations of Title 21 United
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`States Code Section 952(a) and 963; that is, a Conspiracy to
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`Import Narcotics into the Customs Territory of the United
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`States From a Place Outside Thereof, 5 Kilograms or More of
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`Cocaine, which is a Class A felony.
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`The Court has used a November 1st, 2013 Edition of
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`United States Sentencing Guidelines to apply the now
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`advisory guideline adjustments.
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`According to the evidence proven at trial in this
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`particular case, Mr. Rodriguez conspired to import into U.S.
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`territory at least 50 kilograms of cocaine. Based upon the
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`drug amount involved, an offense level of thirty-six has
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`Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 16 of 25
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`16
`been determined. Since the defendant unlawfully imported or
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`exported a controlled substance under circumstances in which
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`an aircraft other than a regularly scheduled air carrier was
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`used to import or export the controlled substances and the
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`defendant acted as a pilot of the aircraft carrying the
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`controlled substance, pursuant to Guideline 2D1.1(b)3, a
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`two-level increase is warranted.
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`There are no other applicable guideline
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`adjustments?
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`MR. BARRETO: Yes, Your Honor, there is a
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`two-level reduction -- there is a two-level reduction for
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`the new Guideline amendments.
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`THE COURT: No, that's not been approved yet by
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`the Congress.
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`MR. BARRETO: Yes, Your Honor, but --
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`THE COURT: It has not been approved by Congress,
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`therefore, I'm not going to grant it.
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`Based upon a total offense level of
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`thirty-eight --
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`MR. BARRETO: Your Honor, we would like to object
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`at this time to the ruling --
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`THE COURT: Of course.
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`MR. BARRETO: -- to preserve the issue.
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`THE COURT: Of course.
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`Based upon the total offense level of thirty-eight
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`Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 17 of 25
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`and a Criminal History Category of one, the Guideline
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`imprisonment range in this particular case is from 235 to
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`293 months. There's a fine range of 25,000 to $10 million,
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`plus a supervised release term of at least five years.
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`17
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`The Court has reviewed the Advisory Guideline
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`calculations and finds that the Presentence Investigation
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`Report has adequately applied the Guideline adjustment;
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`furthermore, the Court has considered the other sentencing
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`factors as set forth in U.S.C. 18 U.S.C. 3553A.
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`Before the Court is Mr. Carlos Rodriguez-Milian, a
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`forty-three-year-old defendant, father of two children -- or
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`three you mentioned?
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`MR. BARRETO: Three, Your Honor.
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`THE COURT: That shall be corrected also.
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`-- three children, who holds the vocational
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`training of self-employed as a gold purchaser and jewelry
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`store owner for approximately twelve years and was a
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`licensed pilot for single- and multi-engine airplanes.
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`He is physically healthy and reported that he
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`suffers some anxiety. The defendant has no known history of
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`controlled substance use.
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`In this particular offense the defendant, along
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`with Co-defendant Jeffrey Nunez-Jiminez, participated in the
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`smuggling of 50 kilograms of cocaine on August 27, 2009,
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`aboard a private aircraft of the drug trafficking
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`Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 18 of 25
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`18
`organization whose leader was Jose Figueroa, also known as
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`Junior Capsula.
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`The defendant, Carlos Rodriguez-Milian, according
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`to the indictment, acted as a pilot of the aircraft carrying
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`at least 50 kilograms of cocaine from the Dominican Republic
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`into Puerto Rico.
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`We also have evidence that the person who sold the
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`aircraft testified, and it appears from the evidence that
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`the purchase of that aircraft that eventually went to the
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`Dominican Republic carried, I believe the testimony was,
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`Angela Meionas (phonetic), who is a well-known drug
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`trafficker also in Puerto Rico, who at that time was already
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`under fire by the federal authorities, was bought -- I
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`forget if it was two or three days or very close prior to
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`the making of the trip.
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`He also testified the aircraft left the Dominican
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`Republic towards Puerto Rico with the 50 kilograms of
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`cocaine and she stated also that there is evidence that
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`the -- when the aircraft went to the Dominican Republic
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`originally, Mr. Jiminez-Nuñez was carrying $500,000 from
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`Puerto Rico to the Dominican Republic, which was known had
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`been obtained from the proceeds of the sales of the drugs
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`that had been smuggled into Puerto Rico previously from the
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`Dominican Republic and these drugs were sent to Puerto Rico
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`by Junior Capsula and Edwin Estrada.
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`Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 19 of 25
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`It also appears from the evidence that this
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`19
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`defendant landed at the Arecibo airport alleging to the
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`control tower, near San Juan, that the -- there was a
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`problem with the radio, the electrical system of the
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`airplane, and, therefore, it had to make an emergency
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`landing in Arecibo, which is not -- it was not true. It was
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`just to land in Arecibo to drop off the suitcases with the
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`drugs and take off again towards San Juan.
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`And I believe that at that time there was another
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`person waiting for the drugs and they were handed over --
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`turned over to that other person.
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`We also have the fact that -- I forget how much it
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`was, but I think it was 20- or $30,000 -- that the defendant
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`charged for making that trip to the Dominican Republic and
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`back. And I believe that, as well, there was no evidence as
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`to that effect that he had a problem prior, by doing the
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`same thing previously, landing at the Mayaguez but where he
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`did not inform the FAA of said landing.
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`I believe you, Counsel, had to deal with the FAA
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`because they seized the airplane. I believe that that came
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`out somewhere, maybe not in the evidence, but some of the
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`arguments to the Court.
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`MR. BARRETO: We would be objecting to all these
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`statements, Your Honor.
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`THE COURT: Yes.
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`Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 20 of 25
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`But I'm talking about the evidence.
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`MR. BARRETO: Well there's no evidence to that
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`20
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`effect, Your Honor, at all.
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`THE COURT: There isn't. And I didn't say there
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`was evidence. I said that in conversations with you or in
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`some arguments, or whatever, it came to the Court's
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`knowledge that he had had the same problem previously in
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`Mayaguez and that you handled the case before for him from
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`the FAA.
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`MR. BARRETO: No, none of that came out. I am not
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`sure where the Court got that, that was not part of any
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`other statement, maybe from the docket but not in court.
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`There was no conversation at all.
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`THE COURT: I'm not talking that it was in court,
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`Counsel, I'm not saying that it was in court. I said in
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`conversations.
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`Anyway, I will not consider that since there is no
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`evidence as to that.
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`So, taking into consideration the elements of 18
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`U.S.C. 3553, the history of this particular defendant, the
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`nature of the offense, in order to promote respect for the
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`law, to protect the public from further crimes, and to
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`address the issue of deterrence and punishment, the Court
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`is -- accordingly, it is the judgment of this Court that the
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`defendant is hereby committed to the custody of the Bureau
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`Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 21 of 25
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`of Prisons to be imprisoned for the term of 235 months.
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`Upon release from confinement, you will be placed
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`on supervised release for a term of five years under the
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`following conditions: You shall not commit another federal,
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`21
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`state, or local crime. You shall follow the standard
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`conditions of supervisory release recommended by the
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`Sentencing Commission adopted by this Court.
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`You shall not unlawfully possess controlled
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`substances and refrain from possessing firearms, destructive
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`devices or other dangerous weapons. You shall refrain from
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`any unlawful use of a controlled substance and submit to one
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`drug test within fifteen days of release, thereafter, submit
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`to random drug testing, not less than three samples during
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`the reporting period and not to exceed 104 samples per year
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`in accordance with the Drug Aftercare Program policy of the
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`U.S. Probation Office and as approved by this Court.
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`If any such samples detect substance abuse, you
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`shall participate in an inpatient or outpatient substance
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`treatment program for evaluation or treatment as arranged by
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`the Probation Department until duly discharged, and you will
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`be required to contribute to the costs and services as
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`recommended in an amount arranged by the probation officer
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`based upon your ability to pay and the availability of
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`third-party payments.
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`You shall provide the Probation Office access to
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`Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 22 of 25
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`22
`any financial information upon request. You shall submit
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`your -- your person -- you shall submit to a search, your
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`person; property; house; residence; vehicle; papers;
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`computer; other electronic communication, data, or storage
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`devices; any media and effects to a search at any time with
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`or without a warrant by the probation officer, and if
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`necessary with the assistance of any other law enforcement
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`officer with reasonable suspicion concerning unlawful
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`conduct or a violation of a condition of probation -- now --
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`of supervised release.
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`The probation officer may seize any electronic
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`devices which will be subject to further forensic
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`investigation or analysis. Failure to submit yourself to
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`search may be grounds for revocation, and you shall warn any
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`of the occupants of the premises that their person may be
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`subject to searches pursuant to this condition.
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`You should cooperate in the collection of a DNA
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`sample as directed by the probation officer pursuant to the
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`revised DNA collection requirements under U.S.C. 3563(a)(9).
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`Special monetary assessment in the amount of $100
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`is imposed as required by law. The Court will not impose a
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`fine.
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`And I advise you that you have a right to appeal
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`the judgment and sentence since you were found guilty and
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`plead not guilty. Any notice of appeal shall be filed here
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`Case 3:10-cr-00435-PG Document 2196 Filed 02/23/15 Page 23 of 25
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`23
`within the district court within fourteen days from today
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`and the judgment of the Court will be entered -- or when the
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`judgment is entered.
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`You have a right to appeal. You have a right to
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`apply for leave to file the appeal in forma pauperis if you
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`are unable to pay for the cost of the appeal.
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`You will be given credit to your sentence for any
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`days you have spent in Federal custody in connection for the
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`offenses for which sentence has been imposed.
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`And I believe there was a request that he be
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`designated to Miami, Florida, and the Court recommends to
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`the Bureau of Prisons that if the defendant qualifies, that
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`he be designate