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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE NORTHERN DIVISION, AT KNOXVILLE, TENNESSEE

United States of America, Government, Vs. Freddie Marshall Carson, Defendant,

: : : : : CR : 3-12-17 : : :

Transcript of sentencing hearing before the Honorable Thomas A. Varlan on January 8, 2013.

APPEARANCES: ON BEHALF OF THE GOVERNMENT: Jennifer Kolman Assistant U.S. Attorney

ON BEHALF OF THE DEFENDANT: Bobby Hutson, Jr. Assistant Federal Defender

Jolene Owen, R.P.R. 800 Market Street, Suite 131 P.O. Box 2201 Knoxville, Tennessee, 37901 (865) 384-6585

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COURTROOM DEPUTY: Criminal action 3:12:17,

United States of America versus Freddie Marshal Carson. Jennifer Kolman is here on behalf of the government. proceed? MS. KOLMAN: Present and ready, Your Honor. Bobby Hutson is here on Is the government present and ready to

COURTROOM DEPUTY: behalf of the defendant. ready to proceed? MR. HUTSON: THE COURT:

Is the defendant present and

Present and ready, Your Honor. We are here for imposition of We'll begin by

judgment and sentence in this case.

asking the defendant, Mr. Carson, to please come up to the lecturn along with your counsel. We'll begin by

having your sworn in by the courtroom deputy. FREDDIE M. CARSON was first duly sworn and testified as follows: COURTROOM DEPUTY: Would you please state and

spell your name for the record. MR. CARSON: Freddie Marshal Carson,

F-r-e-d-d-i-e M-a-r-s-h-a-l C-a-r-s-o-n. THE COURT: Thank you, Mr. Carson. Let me ask

you to confirm, you are represented here today by Mr. Bobby Hutson, is that correct? MR. CARSON: That is correct Your Honor. 2

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: for this defendant? MR. HUTSON: THE COURT: That is correct, Your Honor. Mr. Carson, on August 1, 2012, you Mr. Hutson, you are here as counsel

pled guilt to Count 1 of the Indictment in this case charging you with wire fraud in violation of 18 United States Code 1343. You understand the offense described in Count 1 requires a sentence of up to twenty years imprisonment, up to three years supervised release, one to five years probation, a $250,000 fine, restitution and a mandatory $100 assessment? MR. CARSON: THE COURT: Yes, sir, Your Honor. All right. Also on August 1 you

pled guilty to Count 7 of the Indictment charging you with money laundering in violation of 18 United States Code 1957. Do you understand the offense described in Count 7 requires a sentence of up to ten years imprisonment, up to three years supervised release, one to five years probation, a $250,000 fine and a mandatory $100 assessment? MR. CARSON: THE COURT: Yes, sir, Your Honor. Mr. Carson, have you received and

had the opportunity to read and discuss the Presentence 3

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Report in this case with your attorney? MR. CARSON: THE COURT: Yes, sir. Mr. Hutson, have you reviewed the

Presentence Report in this case and -- have you received the Presentence Report in this case and reviewed it with Mr. Carson? MR. HUTSON: THE COURT: Yes, Your Honor. Does the defendant have any

objections to the Presentence Report? MR. HUTSON: THE COURT: No objections. Ms. Kolman, have you received the

Presentence Report in this case? MS. KOLMAN: THE COURT: objection? MS. KOLMAN: THE COURT: No, Your Honor. Does the government have a motion Yes, Your Honor. Does the government have any

for third level acceptance of responsibility pursuant to Sentencing Guidelines Section 3E1.1(b)? MS. KOLMAN: THE COURT: be granted. The Court has before it the defendant's sealed Sentencing Memorandum. Before we hear from the Yes, we ask for the third point. Without objection, that motion will

defendant, let me first hear from the government 4

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Young. regarding the subject of sentencing. Are there any

witnesses who wish to address the Court? MS. KOLMAN: Yes, Your Honor. I would like to I

present one victim to the Court, Mr. John Young. don't know how you would like to proceed. THE COURT:

Let's hear from any witnesses or

victims that want to testify first. Mr. Carson, why don't you take a seat along with Mr. Hutson. Why don't you go ahead and call the

witness who wants to testify. MS. KOLMAN: The government would call John

Would you like him to go to the witness stand or

the podium? THE COURT: Let me think about this. He is

addressing the Court as a victim? MS. KOLMAN: THE COURT: MS. KOLMAN: THE COURT: Yes, Your Honor. It's really not as a witness. No, Your Honor. I should ask if there are any

victims who desire to address the Court pursuant to Federal Criminal Rules of Procedure 32 and this individual desires to. MS. KOLMAN: Are you aware of anyone else? I have not been approached. No, Your Honor. I

don't see anyone acknowledging. THE COURT:

Your name again, sir. 5

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. YOUNG: THE COURT: the podium. John Young. Mr. Young, if you will come up to

You can address the Court at this time. Your Honor, upon my first meeting

MR. YOUNG:

with Mr. Carson I was asked if money was not an issue, what would you do with your life? use my time and talents for Christ. Mr. Carson preyed on the trust a son has for the advice of his father, a Christian has for the advice of his pastor and the trust one has with lifelong friends. Mr. Carson has preyed on the Christian's desire to use his time, talents and finances to advance the cause of Christ. Mr. Carson has used these bonds of I answered I would

trust and desire to gain access to my savings, the savings of my family, of my lifelong friends and their friends for his own deceit. Instead of using the funds to start a Christian business or advance the cause of Christ, he used the funds to live lavishly in a million dollar home which he used to show his work to prospective investors; to enjoy frequent vacations; anniversary trips and a lifestyle of luxury on other people's money. Financially I have lost 70,000. I also lent my

brother 10,000 who gave an additional 50,000 to Carson, 6

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as there was always a need for more money to "close the deal." I had no more money to give so I introduced Mr. Carson to a lifelong friend whose initial investment was 75,000. My friend and his relationships were a new

revenue source for Carson. Socially I have suffered. My marriage has My wife has lost

suffered the stress that debt brings.

faith in the decisions I have made for the family waiting for Mr. Carson to move us to Nashville. I lost

four years waiting for Mr. Carson to move us and the last three years trying to restore my wife's confidence in me. My children have suffered as a result of uncertainly, not knowing if or when we would move. of my children suffered the embarrassment of being financially withdrawn from college. Family ties have Friends of Two

strained as debts to one another go unpaid.

a lifetime have distanced themselves because they were told that they had lost their money because I had gone to the authorities. My family and friends have lost their savings. Some have lost homes and some their marriages, as a result of losing money to Mr. Carson. the burden of losing my family savings. 7 I have carried My family lost

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 four years of stability, as I waited on Carson to hire me. I also carried the fear that a lifelong friend

might be indicted along with Carson. I worried for my family when Pastor Baker and a close friend passed on a threat that if I went to the authorities that terrible things would happen to me and my family. I ended up filing a police report against my

friend in case anything happened to us. Your Honor, it is in this arena that we seek justice and equity. My family and I have suffered, as a I cannot regain I

result of my dealings with Mr. Carson.

the lost money or lost time with my family.

respectfully ask that you give Mr. Carson the longest sentence that the law will allow. It would be an

injustice for victims to suffer longer than the one who caused their suffering. Please execute a just judgment. Thank you. THE COURT: All right. Thank you, Mr. Young.

Ms. Kolman, seeing no further victims that wish to address the Court or any witnesses the parties wish to present, then we'll hear from the government regarding sentencing at this time. MS. KOLMAN: All right. Your Honor, I think it

is just important to point out a few things to put what 8

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 happened in perspective. I think a lot of times with

these white collar cases sometimes in our rush to get justice done, we forget the pain and the stress that these victims are under. I think Mr. Young wrapped that

up well to let the Court understand that. As the Court knows through its Presentence Report, we have close to 24 victims that we have agreed to with the defendant for over a million dollars. Your Honor, it is more than that. of deceit. It was multiple people. It was years

It was involving

multiple states. "businesses."

It was involving multiple

He was given options to stop through

civil cases where he was given cease and desist orders and chose to continue to do these things. The worse part was that he went through the most deep and cherished part of people, which is their religions, and he was good at it. He had a talent. He

certainly could have been a good salesperson because over and over again these people were asked for money and they would do this through their trust with the religion. He would keep on them and bond a friendship

with them and literally get every single dime out of these people who these were their savings. not necessarily well to do people. He had victims from California, Colorado, South 9 These were

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 talent. children. Carolina, Tennessee, North Carolina, Minnesota, Mississippi, Texas, Wisconsin and Virginia. He has a college education. He has a musical

He has a family that he loves and four As I said, throughout this theft that he did

of these people he showed that if he had chosen to go on the right path, he probably could have been a very successful legitimate person, but he chose to take the cheap way out and to ruin multiple people's lives over and over and over again. For that, Your Honor -- I know that we are basically arguing over nine months. Because of those

reasons, Your Honor, and we see a lot of people coming in through this court that don't have a lot of options in life and not a lot of chances. chose to not take them. He had them. He

Because of that, Your Honor,

the government is asking that he be given the top of the guidelines. Thank you. Thank you.

THE COURT:

Mr. Hutson, anything you would like to say or present on defendant's behalf? MR. HUTSON: Just briefly, Your Honor.

Your Honor, first, I would like to identify for the Court that Mr. Carson does have some support here today. His wife is here. She is in the back along with 10

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 some family friends. He has four beautiful children

that are here today, but he found it to be more appropriate that the children were left outside the courtroom during the proceedings today. Your Honor, in terms of his history and characteristics, which we would ask the Court to consider in addition to the testimony presented today and the government's argument, Mr. Carson is a very well educated defendant. He is middle aged. He has no

history of drug abuse and he has no current issues with substance abuse. He has no criminal history that the

Court could consider in terms of a sentence and he has a solid foundation of family and friends that are ready to support him as he rehabilitates himself from this case. Most importantly, Your Honor, Mr. Carson, and I suspect that he will say something similar to this today, but he is exceptionally anxious to begin the process of rectifying some of the harm that his actions have caused in this case. Ms. Kolman spoke about his intelligence and him being a very well-educated individual and using that to his advantage. While he has pled guilty to these

offenses, and truly his intelligence level did play a part in his ability to carry out some of those actions, those same abilities give him an opportunity to find 11

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 opportunities to help rectify the financial harm that he has caused to these families. do that. In terms of the procedural posture of this case, a lot of the information is filed under seal, but Mr. Carson has taken steps since his arrest to make amends for some of his actions that were carried out prior to the Indictment. though, Your Honor. It is just the beginning He certainly is ready to

He has a lot of work to do and he

acknowledged that he has that work to do. Your Honor, when considering his history and characteristics, Mr. Carson would respectfully submit that a sentence of 37 months would be sufficient under the statute, when evaluating a sentence in this case. His history of being a well-educated individual with no criminal history, no drug abuse, are indicators that he has a chance to meaningfully contribute to society upon the conclusion of this case. Lastly, Your Honor, Mr. Carson would ask for a recommendation, if the Court finds a term of imprisonment is appropriate, to the camp at Manchester, Kentucky. He would also asked to be allowed to

self-report to a facility once housing has been cleared up. He has been compliant with all terms of 12

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 probation, to my knowledge in this case, and he thanks you for your consideration. THE COURT: Thank you, Mr. Hutson.

Finally, Mr. Carson, sir, if there is anything you would like to say on your behalf before sentence is imposed. If you would, I would ask you to come back up Thank you.

to the podium along with your counsel. MR. CARSON:

I just want to say that I am

accepting full responsibility for everything I have done. I am extremely sorry for all the harm that has

occurred to the families and the victims I have caused. Upon completion of my sentence I will do everything in my power to use my skills to pay the debt that I owe them, restitution that is due them back. THE COURT: That's all.

Why don't you return to counsel We'll proceed forward

table along with your counsel. with sentencing.

Again the Court appreciates the statement of the defendant, as well as the statement offered by Mr. Young as a victim in this case. The Court also

notes the presence of other victims, as noted by counsel for the government, as well as the presence of defendant 's family and friends in court today. The Court has carefully reviewed the Presentence Report and the filings and the entire record 13

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in this case. In a manner intended to comply the Sixth

Circuit jurisprudence since the Booker case rendered the Sentencing Guidelines advisory, and Gall v. United States ' requirement that the court make an individual assessment based on the facts presented, and adequately explain the chosen sentence, the Court will explain its reasons for the sentence to be imposed in this case. The Court will discuss the advisory guideline calculation and the factors discussed in 18 United States Code 3553 relevant to this case. Based on

those factors and in consideration of the guideline range, the Court will then impose a sentence sufficient, but not greater than necessary, to comply with the purposes discussed in 18 United States Code 3553. The Court also notes in the record the submission of the letter from Ms. Laura Baker on defendant's behalf which the Court has reviewed and takes into consideration. Beginning with the guideline range, and the counsel for the parties have made reference to the applicable range, but as set forth in Paragraph 56 of the Presentence Report based on the total of offense level of 21 and criminal history category of I, the guideline imprisonment range is from a low end of 37 months to a high end of 46 months. 14

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Turning next to the 3553 factors. Beginning

with the nature and circumstances of the offense, as has already been discussed, the defendant has pled guilty to the counts of wire fraud and money laundering against him. His specific offense conduct has been again

discussed in court today and set forth in the Indictment, and more particularly set forth in the offense conduct provisions of the Presentence Report, specifically Paragraphs 8 through 15, which the Court has reviewed and takes into consideration as part of its analysis of defendant's offense conduct. In brief fashion, the defendant moved to Powell in Knox County, Tennessee in 2005, held himself out as a business person, specifically from February, 2007, until December of 2011. As noted in Paragraph 9, the

defendant perpetrated a scheme whereby committing multiple acts of wire fraud and money laundering. Specifically, the defendant ingratiated himself into religious communities and used the religious affiliations to perpetrate his scheme by lulling people into investing in or making loans to his company. Among other things, the defendant would inform his victims if they invested in securities in Masterworks, the money would be used for business activities and neither Masterworks, as a company, nor 15

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the defendant were registered to sell securities. For other victims the defendant presented the investment scheme under the guise of a short-term loan guaranteeing high rates of return, as well as the initial investment. Once the money was wired into the

Masterworks' account by the victim, the defendant immediately diverted the funds for his own personal use. Specific examples of defendant's activities are set forth in Paragraphs 10 through 14 of the Presentence Report. Paragraph 17 from a victim impact statement notes that the loss in the case, as counsel for the government noted, is over a million dollars, as reflected in the Plea Agreement. Paragraph 17 further

notes it appears the defendant owes a total amount of restitution of $717,372.32. Paragraph 68 sets forth by victim named initials the amount of loss of various victims which the Court notes ranges from amounts as low as $1,500 up to amounts exceeding $65,000 per victim. With respect to the history and characteristics of the defendant, as noted, the defendant has no previous criminal history thereby resulting in a criminal history category of I. He is currently, I believe, 45-years old. 16 He

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 has a bachelor's degree education. married and has four children. The defendant is

He graduated from high

school in South Carolina in 1984, attended Johns Hopkins University, graduated from Texas Baptist College in Longview, Texas. He has a work history including self employment, employment with two different churches and employment related to the instant offense. He is

currently, according to the Presentence Report, working as custodian for a department store in Indiana. The defendant has no history of mental or emotional problems. He has been diagnosed with deep

vein thrombosis and a pulmonary embolism and takes blood thinners to treat these conditions, which appear to be controlled by medication. The defendant from a substance abuse history reports using alcohol in college, but states he does not currently drink alcohol and denies any use or abuse of controlled substances. With that background in mind, the Court turns to the need for the sentence imposed to reflect various factors, including the seriousness of the offense. Having reviewed the Presentence Report, heard from one victim who may be considered an example, if you will, of the effect not only on that individual but on 17

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 other victims in this case, and having heard the outline from both parties as to defendant's offense conduct, certainly the defendant's offense is a serious one in which he ingratiated himself into certain communities, in this case religious communities, and used those affiliations to, as the Court has already noted, to perpetrate his scheme into in effect in lulling people into investing in or making loans to his company thereby certainly causing harmful impact to those who made such investments. The Court considers the need to promote respect for the law and provide just punishment, again taking into consideration the seriousness of and extent of defendant's offense conduct, again noting the loss of over a million dollars, the multiple victims in multiple states, and as counsel for the government noted, options or opportunities to stop his conduct at several intervals. The Court also does consider in this regard also defendant's lack of criminal history and his acceptance of responsibility in this case. The Court considers the need to afford adequate deterrence, both from a general standpoint and a specific standpoint, that is, specific to this defendant, again taking into consideration his offense 18 Case 3:12-cr-00017 Document 36 Filed 05/01/13 Page 18 of 25 PageID #: 158

January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conduct and lack of criminal history. The Court also considers the need to afford adequate general deterrence, that is, to fashion a sentence that will act as a general deterrence to others similarly situated to this defendant who may contemplate the undertaking of similar crimes in the future. The

Court having had before it in the past other instances of similar types of fraud and schemes that have had a harmful impacts on other individuals and businesses. The Court considers the need to protect the public from further crimes of the defendant. Again,

taking into consideration defendant's offense conduct, his lack of criminal history and his acceptance of responsibility. The Court considers the need to provide the defendant with needed training, education and medical treatment. The Court would find in this case, or it has

already reviewed in this case defendant's lack of substance abuse history and his employment history and educational background. The Court considers the need to avoid sentence disparities, noting that the advisory guidelines are intended in part to carry out the national policies, as articulated by Congress, intended to be uniform across the country to the extent possible and be based on the 19

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 offender's actual conduct and history. In essence, as

both counsel have noted, the guideline range before the Court is not a lengthy one, if you will, from low end to high end, only nine months. The defendant through The counsel

counsel urges a low end guideline sentence.

for the government urges a high end guideline sentence. After considering all the things I have discussed, including the guideline range and relevant 3553 factors and considering the arguments and positions of the parties and considering all the 3553 factors including, but not limited to, the seriousness of defendant's offense conduct and the need to afford adequate and general deterrence, the Court does find a guideline sentence at the high end of the guidelines of 46 months to be appropriate in this case. For all the reasons discussed, the Court finds this sentence to be sufficient, but not greater than necessary, to comply with the purposes of 18 United States Code 3553. Accordingly, and pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court as to Counts 1 and 7 of the Indictment that the defendant, Freddie Marshal Carson, is hereby committed to the custody of the Bureau of Prisons for a term of imprisonment of 46 months. 20

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It's further ordered you shall make restitution to the victims listed in the Presentence Report in an amount totalling $717,372.32. in full immediately. Restitution shall be paid

Any payment made that is not

payment in full shall be divided proportionally among the persons named. The government may enforce the full

amount of restitution ordered at any time pursuant to Title 18 United States Code 3612, 3613 and 3664(m). The U.S. Bureau of Prisons, the U.S. Probation Office and the U.S. Attorney's Office shall monitor the payment of restitution and reassess and report to the court any material change in your ability to pay. You shall make restitution payments from any wages you may earn in prison in accordance with the Bureau of Prisons Inmate Financial Responsibility Program. Any portion of restitution not paid in full at

time of your release from imprisonment shall become a condition of supervision. The Court finds you do not have the ability to pay interest on the restitution ordered and interest is waived. Upon release from imprisonment you shall be placed on supervised release for a term of three years as to each of the Counts 1 and 7 to run concurrently. Within 72 hours of release from the custody of 21

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Bureau of Prisons you shall report in person to the probation office in the district to which you are released. While on supervised release you shall not commit another federal, state or local crime, shall comply with the standard conditions adopted by this court in local rule 83.10 and shall not illegally possess a controlled substance. You shall not possess a firearm, destructive device or dangerous weapon. You shall cooperate in the collection of DNA, as directed by the probation officer. In addition, you shall comply with the following special conditions while on supervised release. One, you shall pay any financial penalty imposed by this judgment and that remains unpaid at commencement of the term of supervised release. Two, you shall provide the probation officer with access to any requested financial information. Three, you shall not incur new credit charges on existing accounts or apply for additional lines of credit without permission of the probation officer until restitution has been paid in full. In addition, you shall not enter into any 22 Case 3:12-cr-00017 Document 36 Filed 05/01/13 Page 22 of 25 PageID #: 162

January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contractual agreements obligating funds without permission of the probation officer. Four, you shall pay any financial penalty imposed by this judgment. Any amount that remains

unpaid at the commencement of the term of supervised release shall be paid on a monthly basis at the amount of at least ten percent of your net monthly income. Title 18 USC 3565(b) and 3583(g) require mandatory revocation of probation or supervised release for possession of a controlled substance or firearm or for refusal to comply with drug testing. The mandatory

drug testing condition is suspended in this case based on the Court's determination the defendant poses a low risk of future substance abuse. Pursuant to Title 18 USC 3013 you shall pay a special assessment fee in the amount of $200, which shall be due immediately. The Court finds you do not

have the ability to pay a fine and will waive the fine in this case. The Plea Agreement in this case is accepted. Pursuant to the Plea Agreement the remaining counts are dismissed. Pursuant to Rule 32 of the Federal Rules of Criminal Procedure, the Court advises you may have the right to appeal the sentence imposed in this case. 23

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Notice of appeal must be filed within 14 days of entry of judgment. If you request and so desire, the

Clerk of Court can prepare and file a notice of appeal for you. Ms. Kolman, any objection to the defendant remaining on bond pending designation by the Bureau of Prisons? MS. KOLMAN: The government is fine with that

as long as he remains on the ankle bracelet monitoring. THE COURT: conditions? MR. HUTSON: THE COURT: It is and he is fine with that. The Court will order defendant to Is that part of existing bond

be released on his existing bond pending designation by the Bureau of Prisons. The Court will include a

recommendation at the defendant's request such designation be to the Manchester, Kentucky Federal Prison Facility. Ms. Kolman, does the government have any objection to the sentence just pronounced that has not previously been raised? MS. KOLMAN: have misheard you. No. I want to clarify. I might

The restitution amount, the agreed

upon amount is 1,078,722.32. You actually said the right amount. 24 I am

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January 8, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mistake. THE COURT: Let me repeat that again. With sorry. Withdraw that. THE COURT: The total loss before the Court is The restitution amount is the

over a million dollars. 717, correct? MS. KOLMAN:

That is correct, that is my

that clarification, any objections to the sentence pronounced not previously -MS. KOLMAN: THE COURT: No, Your Honor. Thank you.

Mr. Hutson, does the defendant have any objection to the sentence just pronounced that has not previously been raised? MR. HUTSON: THE COURT: defendant? MR. HUTSON: THE COURT: MS. KOLMAN: THE COURT: No, Your Honor. Thank you. He does not, Your Honor. Anything further on behalf of

Any further from the government? No, Your Honor. The Court appreciates everyone's

attendance and/or participation this afternoon. (Court was recessed.) I CERTIFY THAT THE FOREGOING IS AN ACCURATE TRANSCRIPT OF THE RECORD OF PROCEEDINGS IN THE ABOVE-ENTITLED MATTER. Digitally signed by Jolene Owen

Jolene Owen
25

DN: cn=Jolene Owen, ou=Federal Judiciary, o=U.S.Government, c=US Date: 2013.05.01 08:31:52 -04'00'

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