UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA. --o0o--

Transcription

1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA --o0o-- UNITED STATES OF AMERICA, ) Case No. :-cr-00-ljo-sko ) Plaintiff, ) Fresno, California ) Monday, August, vs. ) : A.M. ) JUAN CARLOS NEGRETE, ) Hearing re: status conference ) re: sentence. Defendant. ) ) APPEARANCES: For Plaintiff: For Defendant: Court Recorder: Transcription Service: TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE LAWRENCE J. O'NEILL UNITED STATES DISTRICT JUDGE LAUREL J. MONTOYA U.S. Attorney's Office 00 Tulare Street, Suite 0 Fresno, CA () -0 ANDRAS FARKAS Federal Defender's Office 00 Tulare Street, Suite 0 Fresno, CA () - OTILIA ROSALES U.S. District Court 00 Tulare Street, Suite 0 Fresno, CA () - Petrilla Reporting & Transcription 00 - st Street Sacramento, CA () - Proceedings recorded by electronic sound recording; transcript produced by transcription service.

2 FRESNO, CALIFORNIA, MONDAY, AUGUST,, : A.M. (Call to order of the Court.) THE COURT: United States v. Negrete. MR. FARKAS: Good morning, Your Honor. Andras Farkas on behalf of Mr. Negrete who is present in custody. MS. MONTOYA: Laurel Montoya appearing on behalf of the United States. THE COURT: All right. Ms. Montoya, what's the word from the Department of Justice? MS. MONTOYA: There is no word, Your Honor. The government is not taking a position on the effect of the Johnson decision and a guidelines constitutional challenge. THE COURT: All right. Sir, what's your name? THE DEFENDANT: Juan Negrete. THE COURT: Have you had a chance to review the presentence report with your counsel? THE DEFENDANT: Yes, sir. THE COURT: Do you have any questions? THE DEFENDANT: No, sir. THE COURT: The Court has received and reviewed the presentence report, the (c) agreement, the defendant's objections. Under the PSR the offense level is, the history category is, guideline range is to with a recommendation at the low end.

3 Pursuant to the objection, which is sustained, the PSR applicable offense level is now, history category is, guideline range is to. The Court has considered the (a) factors. Do you wish to be heard further? MR. FARKAS: We would request a sentence at the low end of the guideline range, Your Honor. THE COURT: Does the government wish to be heard? MS. MONTOYA: No, Your Honor. THE COURT: Sir, is there anything you want to tell me before I sentence you? THE DEFENDANT: I would like to apologize once again for my actions. I know I made a few mistakes, and I'm learning from my mistakes right now. That's all. THE COURT: Well, two of the things that you're doing that are certainly mistakes are: one, gun; two, gang. Those things are going to get you shot. Figure it out. And it's not hard to figure out. I remember about three or four years ago the county coroner -- I was out to lunch with him, and he said, you know, if somebody wants to not get shot in this county, the easiest way to do it is not to have a gun in their possession and not to be involved with gangs. He said if you -- if you're not, your chances of getting shot in this county are almost zero. Figure it out.

4 Do you understand what I'm saying? THE DEFENDANT: I understand. THE COURT: Okay. MR. FARKAS: One more thing, Your Honor, just so we put this on the record, we did get Mr. Negrete's prior reduced to a misdemeanor, and it would be our position that that was automatic at the time that he -- that this offense occurred was in November of after Prop. had passed. The -- it's my understanding that the state court judges have no discretion on whether to reduce that or not. They only have discretion if there's a super strike involved, which Mr. Negrete does not have. So, we -- it is our position that that should be treated as a misdemeanor for purposes of this sentencing. THE COURT: Okay. Pursuant to the Sentencing Reform Act of it is the judgment of the Court that you're committed to the custody of the Bureau of Prisons to be imprisoned for a term of months. You shall pay a special assessment of $0. Payment to begin immediately. The Court finds you do not have the ability to pay a fine, and that's waived. The preliminary order of forfeiture that was filed in May is incorporated into this judgment. Upon release from imprisonment you shall be placed on supervised release for a term of months. Within hours of release from the custody

5 of the Bureau of Prisons you shall report in person to probation in the district where you are released. While on release, you shall not commit another federal, state, or local crime, not possess a firearm, ammunition, destructive device, or any other dangerous weapon. Shall not illegally possess controlled substances, shall cooperate in the collection of DNA as direction by probation, shall comply with the standard conditions recommended by the Sentencing Commission and adopted by the Court, shall refrain from any unlawful use of a controlled substance, shall submit to one drug test within days of release from imprisonment and at least two thereafter, not to exceed four per month. The Court is going to order the eight special conditions, which I can read or incorporate. MR. FARKAS: Incorporation is fine, Your Honor. MS. MONTOYA: Incorporation, Your Honor. THE COURT: Done and ordered. Is there a request geographically? MR. FARKAS: Mendota please, Your Honor. THE COURT: The Court will make that recommendation as it accords with security classification and space availability. There are no remaining counts to deal with. Appellate right have been waived.

6 Anything else? MR. FARKAS: Nothing further. Thank you. THE COURT: Done. (Whereupon the hearing in the above-entitled matter was adjourned at : a.m.) --o0o-- CERTIFICATE I certify that the foregoing is a correct transcript from the electronic sound recording of the proceedings in the aboveentitled matter. August, Patricia A. Petrilla, Transcriber AAERT CERT*D-